The following shall apply to and govern your and the Company’s use of and access to Connect and the Content. Neither Connect nor the Content may be used in any manner that (i) is illegal, (ii) is not compliant with accepted industry best practice guidelines, (iii) disrupts or damages any of Wunderkind’s computer systems or networks or other parties’ computer systems or networks, or (iv) violates any third party’s rights.
Wunderkind shall, in its sole discretion, determine whether there has been a violation of this Acceptable Use Policy.
Prohibited uses of Connect and the Content include your use, or the Company’s use, of Connect or the Content to:
- Engage in any messaging in violation of any relevant laws, regulations or industry standards (which may include, with respect to Connect’s platform for delivering marketing text messages to end users (“SMS Platform”), the Telephone Consumer Protection Act, the Do Not Call provisions of the Telemarketing Sales Rule and the industry standards, policies and guidelines published by the Cellular Telecommunications Industry Association, the Mobile Marketing Association or any other generally recognized associations);
- Engage in any messaging that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity;
- Engage in any messaging that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including, but not limited to, hate speech, and any other material that Wunderkind reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category;
- Engage in any messaging that is false, misleading or deceptive, or likely to mislead or deceive;
- Engage in any messaging that that would infringe, dilute, misappropriate or otherwise violate the intellectual property rights, including but not limited to copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information, of a third party or Wunderkind; or
- Collect, store or process (a) a government-issued identification number (e.g., Social Security Number, driver’s license number, state identification number, or passport number); (b) a financial or customer account number, including financial institution or bank account number or a credit or debit card number; (c) information regarding an individual’s sexual orientation, religion, or health or medical condition, including Protected Health Information, as defined in 45 CFR 160.103, or any sensitive personal data or special categories of personal data as defined by applicable data protection law; (iv) unique biometric data or digital representation of biometric data; (v) an individual’s full date of birth; or (vi) a user name, email address or other unique electronic identifier or routing code, which is sent in combination with a personal identification code, password, or security question and answer that would permit access to an online account.
In addition, you will immediately honor any requests to unsubscribe from, opt-out of or stop further messaging (e.g., any “STOP” messages with respect to the SMS Platform) and desist from sending any further message following receipt of any such unsubscription, opt-out or stop request.
Violation of this Acceptable Use Policy may result in Wunderkind’s termination or suspension of your and the Company’s use of and access to Connect and the Content, and may also result in civil, criminal or administrative liability or penalties against the Company.
All capitalized terms used and not otherwise defined herein will have the meanings ascribed to them in the Connect Terms of Service.
