Terms and Conditions

SaaS agreement

Date

7/1/2016

Parties

  1. SureTint Technologies, LLC a company incorporated in Illinois with its registered office at 560 W. Washington Ave, Suite 330, Chicago, IL 60664 (the “SureTint“); and
  2. Person or organization registering, holding or accessing an account to access the Hosted Services (the “Customer“).

Agreement

  1. Definitions

1.1     Except to the extent expressly provided otherwise, in this Agreement:

Account” means an account enabling a person to access and use the Hosted Services, including both administrator accounts and user accounts;

Agreement” means this agreement including any Schedules, and any amendments made to this Agreement from time to time;

Business Day” means any weekday other than a bank or public holiday in the United States;

Business Hours” means the hours of 08:00 to 18:00 CST on a Business Day;

Charges” means the amounts specified in either a signed sales order or selected by the Customer via the registration process.

Customer Personal Information” means data entered into the registration form and/or the software which identifies the customer;

Customer Data” means all data, works and materials: uploaded to or stored on the using the Hosted Services by the Customer; transmitted by the Hosted Services at the instigation of the Customer; supplied by the Customer to the SureTint for uploading to, transmission by or storage on the Hosted Services; or generated by the Hosted Services as a result of the use of the Hosted Services by the Customer;

Documentation” means the documentation for the Hosted Services produced by the SureTint and delivered or made available by SureTint to the Customer;

Effective Date” means the date of Customer acceptance of this Agreement;

Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

Hosted Services” means the services made available to Customer when Customer logs into an Account through the Portal or by using an Account key; SureTint

Hosted Services Defect” means a material adverse effect on the appearance, operation, functionality or performance of the Hosted Services, but excluding any defect, error or bug caused by, related to, or arising as a result of:

(a)     any act or omission of the Customer;

(b)     any use of the Hosted Services contrary to the Documentation, whether by the Customer or by any person authorized by the Customer;

(c)     a failure of the Customer to perform or observe any of its obligations in this Agreement;

(d)     an incompatibility between the Hosted Services and any other system, network, application, program, hardware or software not specified as compatible in the Hosted Services Specification;

(e)     a Force Majeure Event; or

(f)      anything outside of SureTint’s immediate control.

Hosted Services Specification” means the specification for Hosted Services set out in Part 1 of Schedule 1 (Hosted Services particulars) and in the Documentation;

Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or un-registrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, design patents, utility models, semi-conductor topography rights and rights in designs);

Mobile App” means the mobile application known as Mia that is made available by the SureTint through the Google Play Store and the Apple App Store;

Permitted Purpose” means the storage of Customer’s customer information, formulas, hair profiles, dispenses and images and other performance of this Agreement;

Personal Data” means (A) personal financial and personal health information or information subject to the Payment Card Industry Data Security Standard, (B) Personally Identifiable Information, as defined under Health Insurance Portability Accountability Act, (C) Non-Public Information as defined under the Gramm-Leach-Bliley Act, and associated regulations, (D) “personal information” as such term is defined in the (i) Massachusetts Standards for the Protection of Personal Information of Residents of the Commonwealth (201 CMR 17.00 et. seq.) and by similar state laws), (ii) Children’s Online Privacy Protection Act of 1998, (iii) the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in effect in Canada, (iv) California’s data security statute 1798.81.5 et seq. and its data security breach notification law, (vi) in all regulations, rules, findings under any of the above.

Schedule” means any schedule attached to the main body of this Agreement;

Services” means any services that the SureTint provides to the Customer, or has an obligation to provide to the Customer, under this Agreement;

Support Services” means support in relation to the use of, and the identification and resolution of errors in, the Hosted Services, but will not include the provision of training services;

Supported Web Browser” means the current release from time to time of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome or Apple Safari, or any other web browser that the SureTint agrees in writing will be supported;

Term” means the term of this Agreement, commencing in accordance with Section 3.1 and ending in accordance with Section 3.2;

  1. Credit

2.1     This document is the sole property of SureTint Technologies, LLC.

  1. Term

3.1     This Agreement will come into force upon the Effective Date.

3.2     This Agreement will continue in force indefinitely, subject to termination in accordance with Section 18.

  1. Hosted Services

4.1     SureTint will make the Hosted Services available upon the later of the Effective Date or  successful completion of registration of Customer’s Account by Customer.

4.2     Customer will have access to use the Hosted Services during the Term.

4.3     The Hosted Services may only be used by the officers, employees, and agents of the Customer.

4.4     Customer will not:

(a)     use the Hosted Services on behalf of any third party, unless approved in writing by SureTint;

(b)     permit any unauthorized person to access or use the Hosted Services;

(d)    republish or redistribute any content or material from the Hosted Services;

(e)_    Reverse engineer the software and systems used to provide the Hosted Service; and

(f)      make any alteration to the Hosted Services or any software or hardware used to provide the Hosted Services.

4.5     Customer will maintain the security of Customer’s Account username, password and other access details, to ensure that no unauthorized person may gain access to the Hosted Services using Customer’s Account.  Customer will be responsible for any activity undertaken using Customer’s account.

4.6     SureTint will use reasonable endeavors to maintain the availability of the Hosted Services to Customer at the gateway between the public internet and the network of the hosting services provider for the Hosted Services, but does not guarantee 100% availability.

4.7     For the avoidance of doubt, downtime caused directly or indirectly by any of the following will not be considered a breach of this Agreement:

(a)     a Force Majeure Event;

(b)     a fault or failure of the internet or any public telecommunications network;

(c)     a fault or failure of Customer’s computer systems or networks;

(d)     a fault or failure of any 3rd Party infrastructure used to deliver the service;

(e)     any breach by the Customer of this Agreement;

(f)      scheduled maintenance carried out in accordance with this Agreement; or

(g)     anything outside of SureTint’s immediate control.

4.8     Customer must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or impairment of the availability or accessibility of the Hosted Services.

4.9    Customer must not use the Hosted Services:

(a)     in any way that is unlawful, illegal, fraudulent or harmful; or

(b)     in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

4.10    For the avoidance of doubt, Customer has no right to access the software code (including object code, intermediate code and source code) used to provide the Hosted Services, either during or after the Term.

  1. Upgrades and Updates

SureTint may upgrade the Hosted Services from time-to-time and those upgraded services will be Hosted Services.  Customer’s continued use of the Hosted Services will constitute Customer’s agreement that these terms will continue to apply to the newly upgraded Hosted Services.

  1. Support Services

6.1     SureTint will provide the Support Services to the Customer during the Term.  SureTint will not have any obligation to provide Support Services to Customer personnel who are not trained and technologically competent to use the Hosted Services and the apps and applications used to access the Hosted Services.

6.4     Customer may use the helpdesk for the purposes of requesting and, where applicable, receiving the Support Services; and the Customer must not use the helpdesk for any other purpose.

6.5     SureTint will respond promptly to all requests for Support Services made by the Customer through the helpdesk.

  1. Customer Data

7.1     Customer hereby grants to SureTint a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Customer Data to the extent reasonably required for the performance of SureTint’s obligations and the exercise of SureTint’s rights under this Agreement, together with the right to sub-license these rights to the extent reasonably required for the performance of SureTint’s obligations and the exercise of SureTint’s rights under the Agreement.

7.2     Customer warrants to SureTint that the use of Customer Data by SureTint in accordance with this Agreement will not:

(a)     breach the provisions of any law, statute or regulation, including those related to Personal Data;

(b)     infringe the Intellectual Property Rights or other legal rights of any person; or

(c)     give rise to any cause of action against SureTint

7.3     SureTint will use commercially reasonable efforts to create a back-up copy of Customer Data at least daily.  Customer understands that each such backup copy of Customer Data will only restore the Hosted Services to the state they were in at the time the back-up was taken.  SureTint will retain and store each such backup copy of Customer Data for a minimum period of 30 days.

7.4     Within 2 Business Days following receipt of a written request from Customer, SureTint will use reasonable efforts to restore access to Customer Data stored in any back-up copy created and stored by SureTint in accordance with Section 7.3. Customer acknowledges that this process will overwrite Customer Data then-currently accessible in the Hosted Services.

7.5     Additional backup, recovery and disaster recovery services will be made available to Customer only upon separate written agreement with SureTint.

  1. Mobile App

The parties acknowledge and agree that the use of the Mobile App, the parties’ respective rights and obligations in relation to the Mobile App and any liabilities of either party arising out of the use of the Mobile App are subject to separate terms and conditions, and accordingly this Agreement will not govern any such use, rights, obligations or liabilities.

  1. No assignment of Intellectual Property Rights

Except for the license set forth in Section 7.1, nothing in this Agreement will operate to assign or transfer any Intellectual Property Rights from SureTint to Customer, or from Customer to SureTint.

  1. Charges

10.1    Except as set forth in Section 10.2, Customer will pay all Charges (“Monthly Charges”) to SureTint before the beginning of each calendar month in accordance with this Agreement.

10.2    If the Charges are based in whole or part upon the time spent by SureTint performing the Services (“Professional Services Charges”), SureTint will obtain Customer’s written consent before performing those Services.  If an estimate is provided by SureTint to Customer for Professional Services Charges, SureTint will request Customer’s approval before exceeding any budget for those Professional Services Charges.

10.3    All amounts stated in or in relation to this Agreement are, unless the context requires otherwise, stated exclusive of any applicable taxes, which will be added to those amounts and payable by the Customer to SureTint.

10.4    SureTint may elect to vary any element of the Charges by giving to Customer not less than 30 days’ written notice of the variation.

  1. Payments

Customer must pay all Charges by debit card or credit card (using such payment details as are provided by SureTint to Customer from time to time).

  1. SureTint’s confidentiality obligations

12.1    Each party (“Receiving Party”) will:

(a)     use commercially reasonable efforts to keep the other party’s (“Disclosing Party”) Confidential Information confidential;

(b)     not disclose Disclosing Party’s Confidential Information to any person without Disclosing Party’s prior written consent[, and then only under conditions of confidentiality approved in writing by Disclosing Party;

(c)     use the same degree of care to protect the confidentiality of Disclosing Party’s Confidential Information as  Receiving Party uses to protect Receiving Party’s own confidential information of a similar nature, being at least a reasonable degree of care;

12.2    Notwithstanding Section 12.1, Receiving Party may disclose Disclosing Party’s Confidential Information to Receiving Party’s officers, employees, professional advisers, insurers, agents and subcontractors who have a need to access Disclosing Party’s Confidential Information for the performance of their work with respect to the Permitted Purpose and who are bound by a written agreement, policies or professional obligation to protect the confidentiality of the Disclosing Party’s Confidential Information.

12.3    This Section 12 imposes no obligations upon Receiving Party with respect to Disclosing Party Confidential Information that:

(a)     is known to  Receiving Party before disclosure under this Agreement and is not subject to any other obligation of confidentiality;

(b)     is or becomes publicly known through no act or default of Receiving Party ; or

(c)     is obtained by  Receiving Party from a third party in circumstances where  Receiving Party has no reason to believe that there has been a breach of an obligation of confidentiality.

12.4    The restrictions in this Section 12 do not apply to the extent that any Disclosing Party Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of the stock of Receiving Party on any recognized stock exchange.

12.5    The restrictions in this Section 12 do not apply to aggregated Customer Confidential Information or Customer Data that has been anonymized to redact or hide any or all Customer Personal Information.

  1. Data protection

13.1    Customer warrants to SureTint that it has the legal right to disclose all Personal Data that it does in fact disclose to SureTint under or in connection with this Agreement, and that the processing of that Personal Data by SureTint for the Permitted Purpose in accordance with this Agreement will not breach any applicable data protection or data privacy laws, including without limitation those referenced in the definition of Personal Data.

13.2    To the extent that SureTint processes Personal Data disclosed by Customer, SureTint warrants that:

(a)     it will act only on instructions from Customer in relation to the processing of that Personal Data; and

(b)     it uses Amazon Web Services to host the Hosted Services which to the best of SureTint’s knowledge, has in place appropriate security measures (both technical and organizational) against unlawful or unauthorized processing of that Personal Data and against loss or corruption of that Personal Data.

  1. Warranties

14.1    SureTint warrants to Customer that:

(a)     the SureTint has the legal right and authority to enter into this Agreement;

(b)     SureTint will comply with all laws and regulations applicable to it; and

14.2  Customer warrants to SureTint that

(a)     it has the legal right and authority to enter into this Agreement and to perform its obligations under the Agreement; and

(b)     it has the right to transfer, store and process Personal Data on the Hosted Services and to allow SureTint to do so.

14.3    All of the parties’ warranties and representations in respect of the subject matter of this Agreement are expressly set out in this Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Agreement will be implied into the Agreement or any related contract.

  1. Acknowledgements and warranty limitations

15.1    Customer acknowledges that systems like the Hosted Services are complex and are never wholly secure or wholly free from defects, errors and bugs; and subject to the other provisions of this Agreement, SureTint gives no warranty or representation that the Hosted Services will be wholly free from security vulnerabilities or defects, errors and bugs.

15.2    Customer acknowledges that the Hosted Services are designed to be compatible only with that software and those systems specified as compatible in the Hosted Services Specification; and SureTint does not warrant or represent that the Hosted Services will be compatible with any other software or systems.

15.3    Customer acknowledges that neither SureTint nor the Hosted Services provide any financial, accountancy or taxation advice.

  1. Limitations and exclusions of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SURETINT WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), LOSS OF DATA, OR OTHERWISE, WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SURETINT WILL NOT BE LIABLE TO CUSTOMER FOR ANY AMOUNT WHICH, IN THE AGGREGATE, EXCEEDS THE AMOUNTS PAID TO SURETINT BY CUSTOMER IN THE SIX MONTHS PROCEEDING THE MONTH IN WHICH THE LIABILITY FIRST AROSE.

  1. Force Majeure Event

17.1    If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under this Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.

17.2    A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under this Agreement, must:

(a)     promptly notify the other; and

(b)     inform the other of the period for which it is estimated that such failure or delay will continue.

17.3    A party whose performance of its obligations under this Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.

  1. Suspension and Termination

18.1    SureTint may suspend the provision of the Hosted Services if any amount due to be paid by the Customer to the SureTint under this Agreement is overdue.

Either party may terminate this Agreement by giving to the other party at least 30 days’ written notice of termination.

18.2    Either party may terminate this Agreement immediately by giving written notice of termination to the other party if the other party commits a material breach of this Agreement.

18.3    Either party may terminate this Agreement immediately by giving written notice of termination to the other party if:

(a)     the other party, is dissolved, ceases to conduct all (or substantially all) of its business, is or becomes unable to pay its debts as they fall due is or becomes insolvent or is declared insolvent, or convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;

(b)     an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party; or

(c)     an order is made for the winding up of the other party, or the other party passes a resolution for its winding up;

  1. Effects of termination

19.1    Upon the termination of this Agreement, all of the provisions of this Agreement will cease to have effect, save that the following provisions of this Agreement will survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Sections 1, 4.10, 8, 11.2, 11.4, 12, 16, 19, 22 and 23.

19.2    The termination of this Agreement will not affect the accrued rights of either party.

19.3    Within 30 days following the termination of this Agreement for any reason Customer will pay to SureTint any Charges for Services provided to Customer before the termination of the Agreement.

  1. Notices

20.1    Any notice from one party to the other party under this Agreement will be given by one of the following methods (using the relevant contact details set out in Section 20.2):

(a)     delivered personally or sent by courier, in which case the notice will be deemed to be received upon delivery;

(b)     sent by registered mail, in which case the notice will be deemed to be received 2 Business Days following posting

providing that if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt will be when Business Hours next begin after the stated time.

20.2    SureTint’s contact details for notices under this Section 20 are as follows: SureTint Technologies, 560 West Washington Blvd., Suite 330, Chicago, IL  60664

20.3    The addressee and contact details set out in Section 20.2 may be updated from time to time by a party giving written notice of the update to the other party in accordance with this Section 20.

  1. General

21.1    No breach of any provision of this Agreement will be waived except with the express written consent of the party not in breach.

21.2    If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Agreement will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

21.3    This Agreement may not be varied except by a written document signed by or on behalf of each of the parties.

21.4    Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this Agreement.  But SureTint may assign this Agreement without consent of Customer in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.  Subject to the foregoing limitation, this Agreement shall inure to the benefit of and shall be binding on the successors and assignees of the parties

21.5    This Agreement is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Agreement are not subject to the consent of any third party.

21.6    Subject to Section 16.1, this Agreement will constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and will supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

21.7    This Agreement will be governed by and construed in accordance with the laws of the State of Illinois without giving effect to principles of conflict of laws.  The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.  Any action or proceeding arising from or relating to this Agreement must be brought in a federal or state court sitting in Chicago, Illinois, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.  But SureTint may seek payment or injunctive relieve in any appropriate court.

  1. Interpretation

22.1    In this Agreement, a reference to a statute or statutory provision includes a reference to:

(a)     that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

(b)     any subordinate legislation made under that statute or statutory provision.

22.2    The Section headings do not affect the interpretation of this Agreement.

22.3    In this Agreement, general words will not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

Execution

The parties have indicated their acceptance of this Agreement by executing the registration process and accepting the registration information.

Schedule 1 (Hosted Services particulars)

  1. Specification of Hosted Services

Storage of:

 

 

 

Schedule 2 (Acceptable Use Policy)

  1. Introduction

1.1     This acceptable use policy (the “Policy“) sets out the rules governing:

(a)     the use of the SureTint’s storage accounts on Amazon Web Services (the “Services“); and

(b)     the transmission, storage and processing of content by you, or by any person on your behalf, using the Services (“Content“).

1.2     References in this Policy to “you” are to any customer for the Services and any individual user of the Services (and “your” should be construed accordingly.

1.3     By using the Services, you agree to the rules set out in this Policy.

1.4     We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the Services.

1.5     You must be at least 18 years of age to use the Services; and by using the Services or by agreeing to this Policy, you warrant and represent to us that you are at least 18 years of age.

  1. General usage rules

2.1     You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.

2.2     You must not use the Services:

(a)     in any way that is unlawful, illegal, fraudulent or harmful; or

(b)     in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2.3     You must ensure that all Content complies with the provisions of this Policy.

  1. Unlawful Content

3.1     Content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

3.2     Content, and the use of Content by us in any manner licensed or otherwise authorized by you, must not:

(a)     be libellous or maliciously false;

(b)     be obscene or indecent;

(c)     infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)     infringe any right of confidence, right of privacy or right under data protection legislation;

(e)     constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)     be in contempt of any court, or in breach of any court order;

(h)     constitute a breach of racial or religious hatred or discrimination legislation;

(i)      be blasphemous;

(j)      constitute a breach of official secrets legislation; or

(k)     constitute a breach of any contractual obligation owed to any person.

3.3     You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.

  1. Graphic material

4.1     Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children.

4.2     Content must not depict violence.

4.3     Content must not be pornographic or sexually explicit.

  1. Factual accuracy

5.1     Content must not be untrue, false, inaccurate or misleading.

5.2     Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.

  1. Negligent advice

6.1     Content must not consist of or contain any legal, financial, investment, taxation, accountancy, or medical advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy, or medical advisory services.

6.2     Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.

  1. Etiquette

7.1     Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

7.2     Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.

7.3     Content must not be liable to cause annoyance, inconvenience or needless anxiety.

7.4     You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.

7.5     You must not use the Services for the purpose of deliberately upsetting or offending others.

7.6     You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.

7.7     You must ensure that Content does not duplicate other content available through the Services.

7.8     You must ensure that Content is appropriately categorised.

7.9     You should use appropriate and informative titles for all Content.

7.10    You must at all times be courteous and polite to other users of the Services.

  1. Marketing and spam

8.1     You must not without our written permission use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.

8.2     Content must not constitute or contain spam, and you must not use the Services to store or transmit spam – which for these purposes will include all unlawful marketing communications and unsolicited commercial communications.

8.3     You must not send any spam or other marketing communications] to any person using any email address or other contact details made available through the Services or that you find using the Services.

8.4     You must not use the Services to promote or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, “get rich quick” schemes or similar letters, schemes or programs.

  1. Gambling

9.1     You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.

  1. Monitoring

10.1    You acknowledge that we may actively monitor the Content and the use of the Services / we do not actively monitor the Content or the use of the Services.

  1. Data mining

11.1    You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.

  1. Hyperlinks

12.1    You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.

  1. Harmful software

13.1    The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.

13.2    The Content must not contain or consist of, and you must not promote or distribute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.

 

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