THE BIG PICTURE MACHINE

ACCEPTABLE USE POLICY (“AUP”)

The Big Picture Machine provides online and mobile web and mobile App based product configurators. You acknowledge that through your use of the above, you have read, understand, and agree to be bound by this Acceptable Use Policy (“AUP”). The Big Picture Machine reserves the right, in its sole discretion, to make changes or updates to this AUP at any time. If any changes or updates are made, we will post a revised version of this AUP here, at which time such changes or updates shall become effective. These updates and changes will not apply to any dispute of which The Big Picture Machine had actual notice prior to the posting of these updates and/or changes. Your continued use of the Services or Products after any such changes or updates, constitutes your acceptances of these changes or updates. If you do not agree to abide by this AUP, do not use or access the Services or Products. Further, you confirm that you have the authority to bind your company to the terms and conditions of this AUP.

ACCEPTABLE USE

You will use the Services in accordance with all applicable laws, rules, regulations, or contract terms and conditions. You are solely responsible for any and all content, material and data that you maintain, transmit, download, view, post, distribute or make available using the Services, and any third party claims arising out of such activities. You shall not use the Services to transmit, distribute or store material: (a) in violation of any applicable law, rule, regulation or judicial order; (b) in violation of this AUP, the terms of any applicable agreement with The Big Picture Machine; (c) that interferes with or adversely affects the Services or use of the Services by others; or (d) in a manner that exposes The Big Picture Machine to criminal or civil liability. You shall cooperate with The Big Picture Machine in investigating and correcting any breach of this AUP.

You will use The Big Picture Machine Services for your internal business purposes in accordance with your Customer Agreement, and will not, or assist anyone else, to:

· Access data on The Big Picture Machine Service that is not intended for you.

· Attempt to log into an account that you are not authorized to access.

· Lease, distribute, license, sub-license, sell or otherwise commercially exploit The Big Picture Machine Service or make the Service available to any third party other than as contemplated in your Customer Agreement.

· Provide The Big Picture Machine Service to any third party for such party’s benefit, or for their evaluation of the Services.

· Publish, transmit, distribute, or store content, material, information or data that: (a) infringes, dilutes, misappropriates, or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets, or other proprietary information; (b) is illegal, obscene, defamatory, libelous, threatening, harassing, abusive or hateful, or that advocates violence or threatens the health of others; or (c) is harmful to or interferes with The Big Picture Machine’s provision of the Services (e.g. viruses, worms, Trojan horses, etc.).

· Attempt to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, accounts, or networks of any party(s) providing or supporting the Services.

· Avoid incurring charges or otherwise being required to pay for the Services.

If you use our Application Programming Interfaces (APIs), developer tools, or associated software, you will comply with our API Terms and Conditions.

THE BIG PICTURE MACHINE TRADEMARKS

Unless you have our express written permission to do so, you may not use any name, logo, tagline or other mark of The Big Picture Machine, or any identifier, including without limitation: (a) as a link to any website or other location (except as provided for or enabled by us); or (b) to imply identification with us as an employee, contractor, agent or other similar representative capacity. You likewise agree not to remove or alter any of the items that we may provide or enable.

OTHER TERMS

We may immediately suspend your access to The Big Picture Machine Service if you breach any part of this AUP, or do not respond to use in a reasonable period of time after we contact you regarding a potential breach. Notwithstanding, any failure to insist upon or enforce performance of any provision of this AUP will not be construed as a waiver or any provision or right. Neither the course of conduct between the parties, nor trade practice will act to modify any provision of this AUP. If any provision of this AUP is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

We may choose, but are not obligated, to remove any prohibited materials and deny access to any person or party that violates this AUP. We further reserve all other rights.

QUESTIONS and CONTACT INFORMATION

If you have any questions about this AUP, you may contact us at feedback@thebigpicturemachine.com .