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PRIVACY NOTICE

Last updated January 26, 2023

This privacy notice for DISPLY sp. z o. o. ("Company," "we," "us," or "our"), describes how and why we might collect, store, use, and/or share ("process") your information when you use our services ("Services"), such as when you: Visit our website at http://www.brandaround.com, or any website of ours that links to this privacy notice Engage with us in other related ways, including any sales, marketing, or events Questions or concerns? Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at info@brandaround.com.

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, What personal information do we process? When you visit, use, or navigate our Services, we may process personal information depending on how you interact with brandaround.com and the Services, the choices you make, and the products and features you use. Do we process any sensitive personal information? We do not process sensitive personal information. Do we receive any information from third parties? We do not receive any information from third parties. How do we process your information? We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. In what situations and with which parties do we share personal information? We may share information in specific situations and with specific third parties. How do we keep your information safe? We have organizational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. What are your rights? Depending on where you are located geographically, theapplicable privacy law may mean you have certain rights regarding your personalinformation. to learn more. How do you exercise your rights? The easiest way to exercise your rights is by contacting us. We willconsider and act upon any request in accordance with applicable data protectionlaws. Want to learn more about what DISPLY sp. z o. o. does with any information we collect? Contact us.

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us In Short: We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you expressan interest in obtaining information about us or our products and Services, when youparticipate in activities on the Services, or otherwise when you contact us. Personal Information Provided by You. The personal information that we collectdepends on the context of your interactions with us and the Services, the choices youmake, and the products and features you use. The personal information we collectmay include the following: names, phone numbers, email addresses, website address, Sensitive Information. We do not process sensitive information. All personal information that you provide to us must be true, complete, and accurate,and you must notify us of any changes to such personal information. Information automatically collected. In Short: Some information — such as your Internet Protocol (IP) address and/orbrowser and device characteristics — is collected automatically when you visit ourServices. We automatically collect. we collect includes: Log and Usage Data. Log and usage data is service-related, diagnostic,usage, and performance information our servers automatically collect whenyou access or use our Services and which we record in log files. Depending onhow you interact with us, this log data may include your IP address, deviceinformation, browser type, and settings and information about your activity inthe Services (such as the date/time stamps associated with your usage, pagesand files viewed, searches, and other actions you take such as which featuresyou use), device event information (such as system activity, error reports(sometimes called "crash dumps" ), and hardware settings). Device Data. We collect device data such as information about your computer,phone, tablet, or other device you use to access the Services. Depending onthe device used, this device data may include information such as your IPaddress (or proxy server), device and application identification numbers,location, browser type, hardware model, Internet service provider and/ormobile carrier, operating system, and system configuration information.

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer ourServices, communicate with you, for security and fraud prevention, and to complywith law. We may also process your information for other purposes with your consent. We process your personal information for a variety of reasons, depending onhow you interact with our Services, including: To respond to user inquiries/offer support to users. We may process yourinformation to respond to your inquiries and solve any potential issues youmight have with the requested service. To request feedback. We may process your information when necessary torequest feedback and to contact you about your use of our Services. To send you marketing and promotional communications. We mayprocess the personal information you send to us for our marketing purposes, ifthis is in accordance with your marketing preferences. You can opt out of ourmarketing emails at any time.

3. WHEN AND WITH WHOM DO WE SHARE YOURPERSONAL INFORMATION?

In Short: We may share information in specific situations described in this sectionand/or with the following third parties. We may need to share your personal information in the following situations: Business Transfers. We may share or transfer your information in connectionwith, or during negotiations of, any merger, sale of company assets, financing,or acquisition of all or a portion of our business to another company.

4. DO WE USE COOKIES AND OTHER TRACKINGTECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and storeyour information. We may use cookies and similar tracking technologies (like web beacons and pixels)to access or store information. Specific information about how we use suchtechnologies and how you can refuse certain cookies is set out in our Cookie Notice.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposesoutlined in this privacy notice unless otherwise required by law. We will only keep your personal information for as long as it is necessary for thepurposes set out in this privacy notice, unless a longer retention period is required orpermitted by law (such as tax, accounting, or other legal requirements). When we have no ongoing legitimate business need to process your personalinformation, we will either delete or anonymize such information, or, if this is notpossible (for example, because your personal information has been stored in backuparchives), then we will securely store your personal information and isolate it fromany further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures. We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information weprocess. However, despite our safeguards and efforts to secure your information, noelectronic transmission over the Internet or information storage technology can beguaranteed to be 100% secure, so we cannot promise or guarantee that hackers,cybercriminals, or other unauthorized third parties will not be able to defeat oursecurity and improperly collect, access, steal, or modify your information. Althoughwe will do our best to protect your personal information, transmission of personalinformation to and from our Services is at your own risk. You should only access theServices within a secure environment.

7. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time. If you are located in the EEA or UK and you believe we are unlawfully processingyour personal information, you also have the right to complain to your local dataprotection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm . If you are located in Switzerland, the contact details for the data protection authoritiesare available here: https://www.edoeb.admin.ch/edoeb/en/home.html . Withdrawing your consent: If we are relying on your consent to process yourpersonal information, which may be express and/or implied consent depending onthe applicable law, you have the right to withdraw your consent at any time. You canwithdraw your consent at any time by contacting us by using the contact detailsprovided in the section " HOW CAN YOU CONTACT US ABOUT THIS NOTICE? " below . However, please note that this will not affect the lawfulness of the processing beforeits withdrawal nor, when applicable law allows, will it affect the processing of yourpersonal information conducted in reliance on lawful processing grounds other thanconsent. Cookies and similar technologies: Most Web browsers are set to accept cookiesby default. If you prefer, you can usually choose to set your browser to removecookies and to reject cookies. If you choose to remove cookies or reject cookies, thiscould affect certain features or services of our Services. To opt out of interest-basedadvertising by advertisers on our Services visit http://www.aboutads.info/choices/ . If you have questions or comments about your privacy rights, you may email us at info@brandaround.com .

8. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applicationsinclude a Do-Not-Track ( "DNT" ) feature or setting you can activate to signal yourprivacy preference not to have data about your online browsing activities monitoredand collected. At this stage no uniform technology standard for recognizing andimplementing DNT signals has been finalized . As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicatesyour choice not to be tracked online. If a standard for online tracking is adopted thatwe must follow in the future, we will inform you about that practice in a revisedversion of this privacy notice.

9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACYRIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rightsregarding access to your personal information. California Civil Code Section 1798.83, also known as the "Shine The Light" law,permits our users who are California residents to request and obtain from us, once ayear and free of charge, information about categories of personal information (if any)we disclosed to third parties for direct marketing purposes and the names andaddresses of all third parties with which we shared personal information in theimmediately preceding calendar year. If you are a California resident and would liketo make such a request, please submit your request in writing to us using the contactinformation provided below. If you are under 18 years of age, reside in California, and have a registered accountwith Services, you have the right to request removal of unwanted data that youpublicly post on the Services. To request removal of such data, please contact ususing the contact information provided below and include the email addressassociated with your account and a statement that you reside in California. We willmake sure the data is not publicly displayed on the Services, but please be awarethat the data may not be completely or comprehensively removed from all oursystems (e.g. , backups, etc.).

10. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevantlaws. We may update this privacy notice from time to time. The updated version will beindicated by an updated "Revised" date and the updated version will be effective assoon as it is accessible. If we make material changes to this privacy notice, we maynotify you either by prominently posting a notice of such changes or by directlysending you a notification. We encourage you to review this privacy notice frequentlyto be informed of how we are protecting your information.

11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at info@brandaround.com or by post to: DISPLY sp. z o. o., Warsaw, Poland

12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THEDATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to requestaccess to the personal information we collect from you, change that information, ordelete it. To request to review, update, or delete your personal information, please contact us via email address: info@brandaround.com.

1. AGREEMENT TO TERMS

TERMS OF USE These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and DISPLY sp. z o. o. ("Company", “we”, “us”, or “our”), concerning your access to and use of the www.brandaround.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons whochoose to access the Site from other locations do so on their own initiative and aresolely responsible for compliance with local laws, if and to the extent local laws areapplicable.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code,databases, functionality, software, website designs, audio, video, text, photographs,and graphics on the Site (collectively, the “Content”) and the trademarks, servicemarks, and logos contained therein (the “Marks”) are owned or controlled by us orlicensed to us, and are protected by copyright and trademark laws and various otherintellectual property rights and unfair competition laws of the United States,international copyright laws, and international conventions. The Content and theMarks are provided on the Site “AS IS” for your information and personal use only.Except as expressly provided in these Terms of Use , no part of the Site and noContent or Marks may be copied, reproduced, aggregated, republished, uploaded,posted, publicly displayed, encoded, translated, transmitted, distributed, sold,licensed, or otherwise exploited for any commercial purpose whatsoever, without ourexpress prior written permission. Provided that you are eligible to use the Site, you are granted a limited license toaccess and use the Site and to download or print a copy of any portion of the Contentto which you have properly gained access solely for your personal, non-commercialuse. We reserve all rights not expressly granted to you in and to the Site, the Contentand the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: ( 1 ) you have the legal capacity andyou agree to comply with these Terms of Use ; ( 2 ) you are not a minor in thejurisdiction in which you reside ; ( 3 ) you will not access the Site through automated ornon-human means, whether through a bot, script or otherwise; ( 4 ) you will not usethe Site for any illegal or unauthorized purpose; and ( 5 ) your use of the Site will notviolate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Site (or any portion thereof).

4. FEES AND PAYMENT

We accept the following forms of payment: You may be required to purchase or pay a fee to access some of our services. Youagree to provide current, complete, and accurate purchase and account informationfor all purchases made via the Site. You further agree to promptly update accountand payment information, including email address, payment method, and paymentcard expiration date, so that we can complete your transactions and contact you asneeded. We bill you through an online billing account for purchases made via theSite. Sales tax will be added to the price of purchases as deemed required by us. Wemay change prices at any time. All payments shall be in dollars . You agree to pay all charges or fees at the prices then in effect for your purchases,and you authorize us to charge your chosen payment provider for any such amountsupon making your purchase. We reserve the right to correct any errors or mistakes in pricing, even if we havealready requested or received payment. We also reserve the right to refuse any orderplaced through the Site.

5. CANCELLATION

You can cancel your subscription at any time by contacting us at info@brandaround.com . Your cancellation will takeeffect at the end of the current paid term. If you are unsatisfied with our services, please email us at info@brandaround.com .

6. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which wemake the Site available. The Site may not be used in connection with any commercialendeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: Systematically retrieve data or other content from the Site to create or compile,directly or indirectly, a collection, compilation, database, or directory withoutwritten permission from us. Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords. Circumvent, disable, or otherwise interfere with security-related features of theSite, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Site and/or the Contentcontained therein. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use any information obtained from the Site in order to harass, abuse, or harmanother person. Make improper use of our support services or submit false reports of abuse ormisconduct. Use the Site in a manner inconsistent with any applicable laws or regulations. Engage in unauthorized framing of or linking to the Site. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenanceof the Site. Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools. Delete the copyright or other proprietary rights notice from any Content. Attempt to impersonate another user or person or use the username ofanother user. Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”). Interfere with, disrupt, or create an undue burden on the Site or the networksor services connected to the Site. Harass, annoy, intimidate, or threaten any of our employees or agentsengaged in providing any portion of the Site to you. Attempt to bypass any measures of the Site designed to prevent or restrictaccess to the Site, or any portion of the Site. Copy or adapt the Site’s software, including but not limited to Flash, PHP,HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up apart of the Site. Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or othersoftware. Use a buying agent or purchasing agent to make purchases on the Site. Make any unauthorized use of the Site, including collecting usernames and/oremail addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated means orunder false pretenses. Use the Site as part of any effort to compete with us or otherwise use the Siteand/or the Content for any revenue-generating endeavor or commercialenterprise.

7. USER GENERATED CONTRIBUTIONS

The Site does not offer users to submit or post content. We may provide you with theopportunity to create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Site, including but not limited to text,writings, video, audio, photographs, graphics, comments, suggestions, or personalinformation or other material (collectively, "Contributions"). Contributions may beviewable by other users of the Site and through third-party websites. As such, anyContributions you transmit may be treated in accordance with the Site Privacy Policy.When you create or make available any Contributions, you thereby represent andwarrant that:

8. CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, and use any informationand personal data that you provide following the terms of the Privacy Policy and yourchoices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that wecan use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site. Youare solely responsible for your Contributions to the Site and you expressly agree toexonerate us from any and all responsibility and to refrain from any legal actionagainst us regarding your Contributions.

9. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Site ("Submissions") provided by you tous are non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled to the unrestricteduse and dissemination of these Submissions for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you. You hereby waive allmoral rights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in your Submissions.

10. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations ofthese Terms of Use ; (2) take appropriate legal action against anyone who, in our solediscretion, violates the law or these Terms of Use , including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof; (4) inour sole discretion and without limitation, notice, or liability, to remove from the Site orotherwise disable all files and content that are excessive in size or are in any wayburdensome to our systems; and (5) otherwise manage the Site in a mannerdesigned to protect our rights and property and to facilitate the proper functioning ofthe Site.

11. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE , WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICEOR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDINGBLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON ORFOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMSOF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT ORINFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OURSOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowed name,or the name of any third party, even if you may be acting on behalf of the third party.In addition to terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.

12. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Site. We also reserve the right to modifyor discontinue all or part of the Site without notice at any time. We will not be liable toyou or any third party for any modification, price change, suspension, ordiscontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related to theSite, resulting in interruptions, delays, or errors. We reserve the right to change,revise, update, suspend, discontinue, or otherwise modify the Site at any time or forany reason without notice to you. You agree that we have no liability whatsoever forany loss, damage, or inconvenience caused by your inability to access or use theSite during any downtime or discontinuance of the Site. Nothing in these Terms ofUse will be construed to obligate us to maintain and support the Site or to supply anycorrections, updates, or releases in connection therewith.

13. GOVERNING LAW

These Terms shall be governed by and defined following the laws of Poland shallhave exclusive jurisdiction to resolve any dispute which may arise in connection withthese terms.

14. DISPUTE RESOLUTION

Informal Negotiations To expedite r esolution and control the cost of any dispute, controversy, or claimrelated to these Terms of Use (each "Dispute" and collectively, the “Disputes”)brought by either you or us (individually, a “Party” and collectively, the “Parties”), theParties agree to first attempt to negotiate any Dispute (except those Disputesexpressly provided below) informally for at least 14 days before initiatingarbitration Any dispute arising out of or in connection with this contract, including any questionregarding its existence, validity, or termination, shall be referred to and finallyresolved by the International Commercial Arbitration Court under the EuropeanArbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rulesof this ICAC, which, as a result of referring to it, is considered as the part of thisclause. Restrictions The Parties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for any Dispute tobe arbitrated on a class-action basis or to utilize class action procedures; and (c)there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations and binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competent jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.

15. CORRECTIONS

There may be information on the Site that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, and variousother information. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Site at any time, withoutprior notice.

16. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREETHAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLERISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALLWARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE ANDYOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITEAND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATIONSTORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OFTRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJANHORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANYCONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KINDINCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOTWARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTYTHROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE ORMOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF APRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEREAPPROPRIATE.

17. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THELESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR INFO@BRANDAROUND.COM . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOWLIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONOF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OFTHE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, ANDYOU MAY HAVE ADDITIONAL RIGHTS.

18. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, and employees, fromand against any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of: (1)use of the Site; (2) breach of these Terms of Use ; (3) any breach of yourrepresentations and warranties set forth in these Terms of Use ; (4) your violation ofthe rights of a third party, including but not limited to intellectual property rights; or (5)any overt harmful act toward any other user of the Site with whom you connected viathe Site. Notwithstanding the foregoing, we reserve the right, at your expense, toassume the exclusive defense and control of any matter for which you are required toindemnify us, and you agree to cooperate, at your expense, with our defense of suchclaims. We will use reasonable efforts to notify you of any such claim, action, orproceeding which is subject to this indemnification upon becoming aware of it.

19. USER DATA

We will maintain certain data that you transmit to the Site for the purpose ofmanaging the performance of the Site, as well as data relating to your use of the Site.Although we perform regular routine backups of data, you are solely responsible forall data that you transmit or that relates to any activity you have undertaken using theSite. You agree that we shall have no liability to you for any loss or corruption of anysuch data, and you hereby waive any right of action against us arising from any suchloss or corruption of such data.

20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agreethat all agreements, notices, disclosures, and other communications we provide toyou electronically, via email and on the Site, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TOELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an original signature ordelivery or retention of non-electronic records, or to payments or the granting ofcredits by any means other than electronic means.

21. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or inrespect to the Site constitute the entire agreement and understanding between youand us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operateto the fullest extent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable for any loss,damage, delay, or failure to act caused by any cause beyond our reasonable control.If any provision or part of a provision of these Terms of Use is determined to beunlawful, void, or unenforceable, that provision or part of the provision is deemedseverable from these Terms of Use and does not affect the validity and enforceabilityof any remaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and us as a result of these Terms of Use oruse of the Site. You agree that these Terms of Use will not be construed against usby virtue of having drafted them. You hereby waive any and all defenses you mayhave based on the electronic form of these Terms of Use and the lack of signing bythe parties hereto to execute these Terms of Use .

22. CONTACT US

In order to resolve a complaint regarding the Site or to receive further informationregarding use of the Site, please contact us at: info@brandaround.com