3.1 Use of Software Underlying Service. Customer will not, directly or indirectly: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover source code underlying the Service; (b) modify, translate, or create derivative works based on the Service or any Software (except to the extent expressly permitted by BluePallet in writing or authorized within the Service); (c) frame, mirror or use the Service or use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (d) remove any proprietary notices or labels from the Service.
3.2 Appropriate Use of Service. Customer will not, and will not permit its users to:
(a) Post, upload, forward, or otherwise transmit any file or software code that contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or
(b) Attempt to access any other BluePallet systems that are not part of the Service.
(c) Use the Service to upload, post, process, distribute, link to, publish, reproduce, or transmit any of the following, including but not limited to:
(i) Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
(ii) Content or data that would impersonate someone else or falsely represent an individual’s identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
(iii)Any information, software or content Customer does not have the legal right to process or transmit.
3.3 Account Security. Customer is responsible for managing passwords and account security for its users of the Service. Customer must notify BluePallet immediately on discovery or suspicion that an account has been compromised or is no longer secure.
3.4 Personal Data Use; Spam Compliance.
(a) When using the Service, Customer is solely responsible for compliance with all laws, regulations, and rules that may be applicable in the jurisdictions from which, and to which, Customer may send communications using the Service, including without limitation the US CAN-SPAM Act of 2003 and Canada’s Anti-Spam Legislation, the EU-US Privacy Shield Principles, EU Directive 2002/58/EC (the ePrivacy Directive), the General Data Protection Regulation 2016/679 (together “European Data Privacy Law”), and comparable laws in other applicable jurisdictions.
(b) If Customer uploads Personal Data of residents of a country in the EEA or Switzerland, Customer will: (i) comply with European Data Privacy Law with respect to use, storage, transfer and other processing of such Personal Data, and (ii) notify BluePallet if it determines that it can no longer comply with its obligations under European Data Privacy Law with respect to such Personal Data. If BluePallet notifies Customer that an individual has opted-out of marketing communications from Customer, Customer must have a mechanism in place to effectuate that opt-out.
(c) Customer represents, warrants and covenants to BluePallet that it: (i) has the right to provide such Personal Data to BluePallet for the Service requested; (ii) has independently from BluePallet obtained email recipients’ express consent to receive marketing communications to the extent required by law, and (iii) will provide an opt out or unsubscribe mechanism in all communications sent through the Service, and will promptly comply with such requests.
3.5 No Transfers. The Service and all licenses granted to Customer may not be transferred or redistributed to any third party.
3.6 Compliance. Although BluePallet has no obligation to monitor Customer’s use of the Service, BluePallet may do so and may prohibit any use of the Service it believes may be in violation of the foregoing.
3.8 Platform Terms and Conditions. For information about the operation of the BluePallet platform, please review the Terms and Conditions at https://www.bluepallet.io/terms-conditions. By accessing or using the Services identified in the Order Form, Customer agrees to all provisions in the Terms and Conditions, as amended from time to time, which is incorporated into and made a part of this SAAS License Agreement. Should any provision contained within the aforementioned Terms and Conditions conflict with any provision herein, the Terms and Conditions shall control except as it relates to Section 2.3 concerning renewal.