This Acceptable Use Policy (the “Policy”) sets out rules applicable to your use of Audio Images International, Inc. (“ACTIV”, “we”, “us”, or “our”) services, including via our websites, or the ACTIV Technology (the “Services”, or the “Technology”). The examples described in this Policy are not exhaustive.

This Policy should be read in conjunction with the ACTIV’s Terms & Conditions and ACTIV’s Privacy Policy, which are incorporated by reference. We may suspend, terminate, or take other interim action regarding your use of our Technology or the Services, if, in our sole judgment, we believe you, directly or indirectly, violated this Policy or authorize or help others to do so.

We may modify this Policy from time to time by posting a revised version on our website. By accessing ACTIV’s Technology and/or using the Services, you agree to the latest version of this Policy. Any capitalized terms not defined in this Policy have the meaning set forth in our ACTIV’s Terms & Conditions. If you violate this Policy or authorize or help others to do so, we may suspend your access to our Technology and/or terminate your use of the Services.

1 - NO ILLEGAL, HARMFUL, OR OFFENSIVE USE OF CONTENT

1.1 Prohibited Content - You agree that you will not use the Services, or encourage, promote, facilitate, or instruct others to use the Services, to send messages that contain, offer, promote, reference or link to any information or content related to any of the following:

(a) Solicitations or Advertising. Any messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements or otherwise, that are unsolicited or for which you do not have the proper consent from the intended recipient. If you are a Customer of any ACTIV Client, this includes using the Services to send any such message, communication, or announcement to an ACTIV Client or any other person or entity.

(b) Illegal, Harmful or Fraudulent Activities. Any activities that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including but not limited to offering, promoting, disseminating, or facilitating: child pornography, child sexual abuse material, or other sexually exploitative content; fraudulent goods, services, schemes, or promotions; make-money-fast or “get-rich-quick” schemes (including work-from-home programs, risk investment opportunities, ponzi and pyramid schemes); high-risk financial services (including payday loans, short term high-interest loans, third-party auto or mortgage loans, student loans, or cryptocurrency); third-party lead generation services (such as companies that buy, sell, or share consumer information); debt collection or forgiveness services (including third-party debt collection, debt consolidation, debt reduction, or credit repair programs) illegal or regulated substances (including, but not limited to, Cannabis, CBD, Prescription Drugs); Gambling; “SHAFT” use cases (Sex, Hate, Alcohol, Firearms, Tobacco, including vaping-related activities); phishing or pharming.

(c) Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.

(d) Offensive Content. Content that is harassing, defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.

(e) Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, or otherwise effect a security breach, including viruses, Trojan horses, worms, time bombs, or cancelbots.

You agree that ACTIV shall have full and complete discretion in determining whether your conduct constitutes a violation of this Section 1.1, including all subparagraphs.

2 - PROHIBITED DEALINGS

2.1 Prohibited Use - You may not use our Technology or the Services in a manner inconsistent with its intended use or as expressly prohibited in our ACTIV’s Terms & Conditions and/or ACTIV’s Privacy Policy.

2.2 Message Abuse - You will not send messages using bots or other similar automatic-messaging systems, alter or obscure mail headers, provide false identification, or assume a sender’s identity without the sender’s explicit permission.

2.3 Reverse Engineering and Related Restrictions - You will not (a) modify or create a derivative work of the Services or any portion thereof; (b) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any Services (c) break or circumvent any security measures or rate limits for Services; or (d) remove or obscure any proprietary or other notices contained in the Services including in any reports or output obtained from the Services.

2.4 Prohibited Industries - It is prohibited to use the Service for any dealings, engagement, or sale of goods or services linked directly or indirectly with jurisdictions ACTIV has deemed high risk, including Cuba, Iran, North Korea, Crimea Region, and Syria. By engaging with us, you are confirming that you will not use ACTIV’s Websites, Technology, or the Services to accept payments in connection with the businesses, business activities, or business practices listed below:

(a) Financial and professional services

(b) Investment & credit services - Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; investment services; real estate opportunities; lending instruments

(c) Money and legal services - Financial institutions, money transmitters and money services businesses, check cashing, wire transfers, money orders; currency exchanges or dealers; bill-pay services; crowdfunding; insurance; bail bonds; collections agencies; law firms collecting funds for any purpose other than to pay fees owed to the firm for services provided by the firm (e.g., firms cannot use Stripe to hold client funds, collection or settlement amounts, disputed funds, etc.)

(d) Virtual currency or stored value - Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); cryptocurrency mining equipment; initial coin offerings; digital wallets, sale of stored value or credits maintained, accepted, and issued by anyone other than the seller

(e) IP Infringement, regulated or illegal products and services

(f) Intellectual property or proprietary rights infringement - Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party; use of any intellectual property without prior written consent from its owner; or any action that implies an untrue endorsement by or affiliation with ACTIV.

(g) Counterfeit or unauthorized goods - Counterfeit goods; unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported.

(h) Gambling - Lotteries; bidding fee auctions; sports forecasting or odds making for a monetary or material prize; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance including legal or illegal forms of gambling, internet gambling, sweepstakes and contests with a buy-in or cash prize; charity sweepstakes and raffles for the explicit purpose of fundraising

(i) Regulated or illegal products or services - Cannabis dispensaries and related businesses; sale of products containing cannabis/ marijuana, cannabidiol (CBD), and their derivatives; sale of tobacco, e-cigarettes, and e-liquid; online pharmacies; prescription-only products including card-not-present pharmaceuticals; peptides and research chemicals; fake references or ID-providing services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis; goods or services, the sale of which is illegal under applicable law in the jurisdictions to which your business is targeted or directed

(j) Adult content and services - Pornography and other obscene materials (including literature, imagery and other media) depicting nudity or explicitly sexual acts; sites offering any sexually related services such as prostitution, escorts, pay-per view, adult live chat features; sexually oriented items (e.g., adult toys); adult video stores and sexually oriented massage parlors; gentleman's clubs, topless bars, and strip clubs; sexually oriented dating services

(k) Unfair, predatory, or deceptive practices - Get rich quick schemes or any investment opportunities or other services that promise high rewards.

(l) Mug shot publication or pay-to-remove sites - Platforms that facilitate the publication and removal of content (such as mug shots), where the primary purpose of posting such content is to cause or raise concerns of reputational harm

(m) No-value-added services - Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers

(n) Aggregation - Engaging in any form of licensed or unlicensed aggregation of funds owed to third parties, factoring, or other activities intended to obfuscate the origin of funds; payment facilitation

(o) Drug paraphernalia - Any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs

(p) High risk businesses - Bankruptcy lawyers; remote technical support; essay mills; chain letters; door-to-door sales; medical benefit packages; telemedicine and telehealth services; travel reservation services and clubs; airlines; cruises; timeshares; circumvention, jamming and interference devices; prepaid phone cards, phone services; telemarketing, offering substantial rebates or special incentives as an inducement to purchase products or services; telecommunications manipulation equipment; forwarding brokers; negative response marketing; subscriptions over one year; extended warranties; government grants; embassy, foreign consulate, or other foreign governments; charities without proper registration; credit card and identity theft protection; the use of credit to pay for lending services; any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies; any business or organization that a. engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or b. engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic

(q) Multi-level marketing

(r) Pyramid schemes and multi-level marketing

(s) Pseudo pharmaceuticals - Nutraceuticals, pseudo-pharmaceuticals, and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body or make specific claims about weight loss or improved sexual performance.

(t) Social media activity - Sale of X (formerly Twitter) followers, Facebook likes, YouTube views, and other forms of social media activity and online traffic

(u) Substances designed to mimic illegal drugs - Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)

(v) Video game or virtual world credits - Sale of in-game currency or game items, unless the merchant is the operator of the virtual world

3 - NO SECURITY VIOLATIONS

You may not violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include, but are not limited to:

3.1 Unauthorized Access - Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System.

3.2 Interception - Monitoring of data or traffic on a System without permission.

3.3 Third Party Services - Developing any applications that interact with the Services or other users’ content or information without our written consent.

4 - NO NETWORK ABUSE

You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include, but are not limited to:

4.1 User Solicitation - Soliciting login credentials from another user or using or attempting to use another user’s account, username, or password without their permission. Monitoring or Crawling. Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled.

4.2 Intentional Interference - Interfering with the proper functioning of the Services, including any deliberate attempt to overload a network or System.

4.3 Avoiding System Restrictions - Using manual or electronic means to avoid any use limitations placed on a System, such as access, message, seat, API, bot, or contact restrictions.

5 - NO E-MAIL, SMS, OR OTHER MESSAGE ABUSE

You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or SMS (texts), or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements.

6 - OUR MONITORING AND ENFORCEMENT

We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or ACTIV’s Technology. We may (a) investigate violations of this Policy or misuse of our Technology or the Services; or (b) remove, disable access to, or modify any content or resource that violates this Policy or any other agreement we have with you.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

7 - REPORTING VIOLATIONS OF THIS POLICY

If you become aware of any violation of this Policy, you will contact us immediately and provide us with assistance, as requested, to stop or remedy the violation.