Acceptable Use Policy

Acceptable Use Policy

(Last Updated July 22, 2020)

Scope

This Acceptable Use Policy (“Policy”) applies to client’s use of all services offered by Lingble Pte. Ltd. or its affiliates (“Lingble”). This Policy describes prohibited uses of the Services offered by Lingble. The examples described in this Policy are not exhaustive. We may modify this Policy at any time by posting a revised version on the Lingble Website, at which time the updated Policy will become immediately effective. By using the Services or accessing the Lingble Site, client agrees to the latest version of this Policy. 

Capitalized terms used but not defined herein shall have the meanings assigned to them in the Master E-commerce Services Agreement or applicable Order Forms.

Violations

A Client’s violation of this Policy, or their authorization or help for others to do so, will be considered a material breach of the Master E-commerce Services Agreement and/or other agreement governing the Client’s use of the services.

Illegal, Harmful, or Offensive Material or Content

Client may not, and may not allow any third-party or its users, to use services to display, store, process or transmit, or permit use of services to display, store, process or transmit:

  • Hate-related or violent material, and/or material advocating discrimination against individuals or groups;
  • Content that is defamatory, obscene, excessively profane, abusive, invasive of privacy, or otherwise objectionable; 
  • Content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts;
  • Material advocating or advancing criminal hacking, cracking, or phishing;
  • Material related to illegal drugs or paraphernalia;
  • Malicious material;
  • Unlawful software;
  • Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including malicious code, viruses, Trojan horses, worms, time bombs, cancelbots and other harmful or malicious files, scripts, agents or programs; 
  • Material that infringes or misappropriates a third party’s intellectual property or proprietary  rights; or
  • Material that violates, encourages or furthers conduct that would violate any applicable laws, including any criminal laws, or any third-party rights, including publicity or privacy rights.

Prohibited Uses of the Services and Actions

Client may not use a service to, nor allow its users or any third-party to use a service to:

  • Distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. Such prohibited activity includes, but is not limited to:
    • altering or obscuring mail headers or assuming a sender’s identity without the sender’s explicit permission;
    • sending communications or email in violation of the CAN-SPAM Act or any other applicable anti- spam law or regulation;
    • imitating or impersonating Lingble, another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
    • data mining or harvesting any web property to find email addresses or other user account information;
    • sending unauthorized mail via open, third-party servers;
    • sending email to users who have requested to be removed from a mailing list;
    • selling to, exchanging with, sharing with or distributing to a third party personal information, including the email addresses of any person without such person’s knowing and continued consent to such disclosure; 
    • sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship; or
    • collecting replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
  • Send, upload, distribute or disseminate, or offer to do the same, with respect to unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, excessively profane, hateful, violent, or otherwise objectionable material, or promote, support or facilitate unlawful, hateful, discriminatory, or violent causes;
  • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
  • Conduct or forward multi-level marketing, such as pyramid schemes and the like;
  • Generate or facilitate SMS, MMS, or other text messages or push notifications in violation of any applicable law including anti- spam, telemarketing or telephone consumer protection laws or regulations;
  • Use the services in any manner that violates any applicable industry standards, third party policies or requirements that Lingble may communicate to its users, including all of the applicable guidelines published by generally accepted industry associations, carrier guidelines or other industry standards;
  • Transmit material that may be harmful to  minors;
  • Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
  • Impersonate another person, entity or Lingble (via the use of an email address or otherwise) or otherwise misrepresent themselves or the source of any communication;
  • Violate the rights (such as rights of privacy or publicity) of others;
  • Promote, facilitate or encourage illegal activity;
  • Interfere with other users’ enjoyment of a  service;
  • Mislead people about voting processes or census processes;
  • Engage in activity in connection with illegal peer-to-peer filesharing;
  • Engage in or promote gambling, or run a gambling operation;
  • “Mine” bitcoins and other cryptocurrencies;
  • Sell, distribute or export illegal or prescription drugs or other controlled substances or paraphernalia, hazardous or illegal chemicals, or firearms or firearm parts;
  • Access (including through any interfaces provided with a service or through Third-Party Products), any Lingble product or service, or other service or website, in a manner that violates the terms for use of or access to such service or  website;
  • Operate an “open proxy” or any other form of Internet proxy service that is capable of forwarding requests to any end user or third party-supplied Internet host;
  • Perform significant load or security testing without first obtaining Lingble’s written consent;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on the service or reformat or frame any portion of the web pages that are part of the Administrative Panel;
  • Access a third party web property for the purposes of web scraping, web crawling, web monitoring, or other similar activity through a web client that does not take commercially reasonable efforts to identify itself via a unique User Agent string describing the purpose of the web client and obey the robots exclusion standard (also known as the robots.txt standard), including the crawl-delay directive; or
  • Use a service in any manner that would disparage Lingble.
  • Use any of the Service to automatically profile individuals on the basis of racial or ethnic origin, political opinions, religious or philosophical beliefs, sexual orientation, criminal convictions, disability, or any other automated profiling activity that may violate privacy laws. 
  • Use any of the Services for the purposes of creating or analyzing biometric identifiers, such as face prints or fingerprints or scans of eyes, hands or facial geometry.
  • Use any Services as part of a decision-making process with legal or similarly significant effects, unless client ensures that the final decision is made by a human being. In this case, client must take account of other factors beyond any automated recommendations in making the final decision

Compliance With Laws and Privacy-Related Notices and Disclosure

  • Client agrees and warrants that Client is solely responsible when using its Store and the Services for complying with applicable laws, rules and regulations, including, without limitation, where applicable, the EU General Data Protection Regulation, the EU e-Privacy Directive/Regulation and the California Consumer Privacy Act, including any notice and consent requirements, the Americans with Disabilities Act, and any applicable import/export and international trade laws, including any authorizations and permits required by such laws. 
  • If applicable law requires, Client must provide and make available to its Customers on its Store a legally compliant privacy policy.
  • If applicable law requires, Client must provide and make available to its Customers on its Store a legally compliant cookie policy. Client must capture valid consent, both for Client and Lingble, for any cookies or similar technologies used on or through its Store. 

U.S. Digital Millennium Copyright Act or Similar Statutory Obligations

To the extent a client uses the services for hosting, advertising, sending electronic messages or for the creation and hosting of, or for posting material on, websites, each client must (i) comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act), the European Union Council Directive 2000/31, On Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market, or similar statute in other countries (the “DMCA”), (ii) set up a process to expeditiously respond to notices of alleged infringement that comply with the DMCA and to implement a DMCA-compliant repeat infringers policy, (iii) publicly display a description of its notice and takedown process under the DMCA on its instance of the services, and (iv) comply with such processes, policy(ies), and description.

It is Lingble’s policy to respond expeditiously to valid notices of claimed copyright infringement compliant with the DMCA. In appropriate circumstances, Lingble will terminate the accounts of a Client who Lingble suspects to be repeatedly or blatantly infringing copyrights.

If Lingble receives a notice alleging that material on a client’s instance of a service infringes another party’s

intellectual property, Lingble may disable that client’s instance of the service or remove the allegedly infringing material. If Lingble receives more than one such notice for the same client, Lingble reserves the right to

immediately terminate such client’s subscriptions to the services as deemed necessary by Lingble to ensure continued protection under the safe harbor provisions under the DMCA or to prevent violations of other applicable laws or third parties’ rights.

In case of any conflict between this Acceptable Use Policy and the terms of the Agreement or any applicable Order Form, the terms of the Acceptable Use Policy shall prevail.