Terms Of Use

These Terms of Use are effective on September 1, 2020.
By accessing or using the Envy website, the Envy service, or any applications (including mobile applications) made available by Envy (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by Envy, LLC (“Envy”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ENVY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. You must be at least 18 years old to use the Service.
2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Envy prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Envy upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
4. You agree that you will not solicit, collect or use the login credentials of other Envy users.
5. You are responsible for keeping your password secret and secure.
6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
9. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Envy.
10. You must not access Envy’s private API by means other than those permitted by Envy.
11. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Envy users.
12. You must not use domain names or web URLs in your username without prior written consent from Envy.
13. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Envy page is rendered or displayed in a user’s browser or device.
14. You must comply with Envy’s Community Guidelines.
15. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
15. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Envy terms.
17. Violation of these Terms of Use may, in Envy’s sole discretion, result in termination of your Envy account. You understand and agree that Envy cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Envy, we can stop providing all or part of the Service to you.


General Conditions

1. We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Envy account by logging into the Service and completing the form. If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
3. We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
5. We reserve the right to force forfeiture of any username for any reason.
6. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Envy is not responsible or liable for the conduct of any user. Envy reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
8. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Envy does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Envy is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Envy has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Envy Parties (defined below) harmless for activity related to the Application.
9. You agree that you are responsible for all data charges you incur through use of the Service.
10. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Envy’s express consent).


Rights
1. Envy does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Envy a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy, including but not limited to sections 3 (“Sharing of Your Information”), 4 (“How We Store Your Information”), and 5 (“Your Choices About Your Information”). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.
2. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Envy may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
4. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
5. The Service contains content owned or licensed by Envy (“Envy Content”). Envy Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Envy, Envy owns and retains all rights in the Envy Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Envy Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Envy Content.
6. The Envy name and logo are trademarks of Envy, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Envy, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Envy, and may not be copied, imitated or used, in whole or in part, without prior written permission from Envy.
7. Although it is Envy’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Envy reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Envy, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Envy encourages you to maintain your own backup of your Content. In other words, Envy is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Envy will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
8. You agree that Envy is not responsible for, and does not endorse, Content posted within the Service. Envy does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
9. Except as otherwise described in the Service’s Privacy Policy, available at http://Envy.com/legal/privacy/, as between you and Envy, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Envy is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Envy in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Envy, and Envy will not be liable for any use or disclosure of any Content you provide.
10. It is Envy’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Envy does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Envy is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
Reporting Copyright and Other IP Violations

1. We respect other people’s rights, and expect you to do the same.
2. We provide you with tools to help you protect your intellectual property rights. To learn more about how to report claims of intellectual property infringement, email us at info@findyourenvy.com.
3. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
 If you believe your copyrighted material is being infringed the Envy Platform, please contact us immediately atinfo@findyourenvy.com and submit a written notice pursuant to the Digital Millennium Copyright Act (“DCMA”) by providing us the following below:
a)    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b)    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
c)    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
d)      Information reasonably sufficient to permit us to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be concted.
e)      A statement that you have a good faith belief that use of the material in the manner complained of is not authorized.
f)       A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
In the alternative, you may submit a notification of claimed infringement via email to info@findyourenvy.com
Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ENVY CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ENVY NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “ENVY PARTIES”) MA ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE ENVY CONTENT; (C) — USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ENVY OR VIA THE SERVICE. IN ADDITION, THE ENVY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE ENVY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIR– USES. THE ENVY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR — USEFUL. YOU ACKNOWLEDGE THAT YOUR — USE OF THE SERVICE IS AT YOUR SOLE RISK. THE ENVY PARTIES DO NOT WARRANT THAT YOUR — USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ENVY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF — USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR — USE THE SERVICE.
THE ENVY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CA– USE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE ENVY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE ENVY CONTENT; (C) — USER CONTENT; (D) YOUR — USE OF, INABILITY TO — USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ENVY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S — USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY — USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ENVY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CA– USED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE ENVY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE ENVY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CA– USES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ENVY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CA– USED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE ENVY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE ENVY PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
ENVY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Envy’s request), indemnify and hold the Envy Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Envy in the defense of any claim. Envy reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Envy.


Arbitration

Except if you opt-out or for disputes relating to: (1) your or Envy’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 13 or 15 of the Basic Terms, above (“Excluded Disputes”), you agree that all disputes between you and Envy (whether or not such dispute involves a third party) with regard to your relationship with Envy, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Envy hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Envy will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Envy is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Envy or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Envy can require the other to participate in an arbitration proceeding. To opt out, you must notify Envy in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Envy, LLC ATTN: Arbitration Opt-out 6888 Peach Tree Road Carlsbad, CA 92011
You must include your name and residence address, the email address you use for your Envy account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Envy.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Envy must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Envy exclusively in a state or federal court located in Santa Clara, California, and to submit to the personal jurisdiction of the courts located in Santa Clara County for the purpose of litigating all such disputes.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Envy’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Envy reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Envy.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Envy and governs your use of the Service, superseding any prior agreements between you and Envy. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Envy. Any purported assignment or delegation by you without the appropriate prior written consent of Envy will be null and void. Envy may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.


Territorial Restrictions

The information provided within the Service 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 Envy to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Envy provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The effective date of these Terms of Use is January 01, 2017. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.
Envy Privacy and Data Policy

We give you the power to share as part of our mission to make the world more open and connected. This policy describes what information we collect and how it is used and shared. You can find additional tools and information at Privacy Basics.
As you review our policy, keep in mind that it applies to all Envy brands, products and services that do not have a separate privacy policy or that link to this policy, which we call the “Envy Services” or “Services.”


INFORMATION WE COLLECT

Depending on which Services you use, we collect different kinds of information from or about you.

Things you do and information you provide.

We collect the content and other information you provide when you use our Services, including when you sign up for an account, create or share, and message or communicate with others. This can include information in or about the content you provide, such as the location of a photo or the date a file was created. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities.
Things others do and information they provide.

We also collect content and information that other people provide when they use our Services, including information about you, such as when they share a photo of you, send a message to you, or upload, sync or import your contact information.

Your networks and connections.

We collect information about the people and groups you are connected to and how you interact with them, such as the people you communicate with the most or the groups you like to share with. We also collect contact information you provide if you upload, sync or import this information (such as an address book) from a device. 

Information about payments.

If you use our Services for purchases or financial transactions (like when you buy something on Envy, make a purchase in a game, or make a donation), we collect information about the purchase or transaction. This includes your payment information, such as your credit or debit card number and other card information, and other account and authentication information, as well as billing, shipping and contact details.

Device information.

We collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we collect:
        • Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.
        • Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals.
        • Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.

Information from websites and apps that use our Services.

We collect information when you visit or use third-party websites and apps that use our Services (like when they offer our Like button or Envy Log In or use our measurement and advertising services). This includes information about the websites and apps you visit, your use of our Services on those websites and apps, as well as information the developer or publisher of the app or website provides to you or us.

Information from third-party partners.

We receive information about you and your activities on and off Envy from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them.

Envy companies.

We receive information about you from companies that are owned or operated by Envy, in accordance with their terms and policies. Learn more about these companies and their privacy policies.


— USE OF INFORMATION

We are passionate about creating engaging and customized experiences for people. We use all of the information we have to help us provide and support our Services. Here’s how:

Provide, improve and develop Services.

We are able to deliver our Services, personalize content, and make suggestions for you by using this information to understand how you use and interact with our Services and the people or things you’re connected to and interested in on and off our Services.
We also use information we have to provide shortcuts and suggestions to you. For example, we are able to suggest that your friend tag you in a picture by comparing your friend’s pictures to information we’ve put together from your profile pictures and the other photos in which you’ve been tagged. If this feature is enabled for you, you can control whether we suggest that another user tag you in a photo using the “Timeline and Tagging” settings.
When we have location information, we use it to tailor our Services for you and others, like helping you to check-in and find local events or offers in your area or tell your friends that you are nearby.
We conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.

Communicate with you.

We use your information to send you marketing communications, communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us.
Show and measure ads and services.
We use the information we have to improve our advertising and measurement systems so we can show you relevant ads on and off our Services and measure the effectiveness and reach of ads and services. Learn more about advertising on our Services and how you can control how information about you is used to personalize the ads you see.

Promote safety and security.

We use the information we have to help verify accounts and activity, and to promote safety and security on and off of our Services, such as by investigating suspicious activity or violations of our terms or policies. We work hard to protect your account using teams of engineers, automated systems, and advanced technology such as encryption and machine learning. We also offer easy-to-use security tools that add an extra layer of security to your account. For more information about promoting safety on Envy, visit the Envy Security Help Center.
We use cookies and similar technologies to provide and support our Services and each of the uses outlined and described in this section of our policy. Read our Cookie Policy to learn more.


SHARED INFORMATION

People use our Services to connect and share with others. We make this possible by sharing your information in the following ways:

People you share and communicate with.

When you share and communicate using our Services, you choose the audience who can see what you share. For example, when you post on Envy, you select the audience for the post, such as a customized group of individuals, all of your Friends, or members of a Group. Likewise, when you use Messenger, you also choose the people you send photos to or message.
Public information is any information you share with a public audience, as well as information in your Public Profile, or content you share on a Envy Page or another public forum. Public information is available to anyone on or off our Services and can be seen or accessed through online search engines, APIs, and offline media, such as on TV.
In some cases, people you share and communicate with may download or re-share this content with others on and off our Services. When you comment on another person’s post or like their content on Envy, that person decides the audience who can see your comment or like. If their audience is public, your comment will also be public.
People that see content others share about you.
Other people may use our Services to share content about you with the audience they choose. For example, people may share a photo of you, mention or tag you at a location in a post, or share information about you that you shared with them. If you have concerns with someone’s post, social reporting is a way for people to quickly and easily ask for help from someone they trust. Learn More.

Apps, websites and third-party integrations on or using our Services.

When you use third-party apps, websites or other services that use, or are integrated with, our Services, they may receive information about what you post or share. For example, when you play a game with your Envy friends or use the Envy Comment or Share button on a website, the game developer or website may get information about your activities in the game or receive a comment or link that you share from their website on Envy. In addition, when you download or use such third-party services, they can access your Public Profile, which includes your username or user ID, your age range and country/language, your list of friends, as well as any information that you share with them. Information collected by these apps, websites or integrated services is subject to their own terms and policies.
Learn more about how you can control the information about you that you or others share with these apps and websites.

Sharing within Envy companies.

We share information we have about you within the family of companies that are part of Envy. Learn more about our companies.

New owner

If the ownership or control of all or part of our Services or their assets changes, we may transfer your information to the new owner.

Sharing With Third-Party Partners and Customers

We work with third party companies who help us provide and improve our Services or who use advertising or related products, which makes it possible to operate our companies and provide free services to people around the world.

Here are the types of third parties we can share information with about you:

Advertising, Measurement and Analytics Services (Non-Personally Identifiable Information Only).
We want our advertising to be as relevant and interesting as the other information you find on our Services. With this in mind, we use all of the information we have about you to show you relevant ads. We do not share information that personally identifies you (personally identifiable information is information like name or email address that can by itself be used to contact you or identifies who you are) with advertising, measurement or analytics partners unless you give us permission. We may provide these partners with information about the reach and effectiveness of their advertising without providing information that personally identifies you, or if we have aggregated the information so that it does not personally identify you. For example, we may tell an advertiser how its ads performed, or how many people viewed their ads or installed an app after seeing an ad, or provide non-personally identifying demographic information (such as 25 year old female, in Madrid, who likes software engineering) to these partners to help them understand their audience or customers, but only after the advertiser has agreed to abide by our advertiser guidelines.
Please review your advertising preferences to understand why you’re seeing a particular ad on Envy. You can adjust your ad preferences if you want to control and manage your ad experience on Envy.

Vendors, service providers and other partners.

We transfer information to vendors, service providers, and other partners who globally support our business, such as providing technical infrastructure services, analyzing how our Services are used, measuring the effectiveness of ads and services, providing customer service, facilitating payments, or conducting academic research and surveys. These partners must adhere to strict confidentiality obligations in a way that is consistent with this Data Policy and the agreements we enter into with them


INFORMATION MANAGEMENT

You can manage the content and information you share when you use Envy through the Activity Log tool. You can also download information associated with your Envy account through our Download Your Information tool.
We store data for as long as it is necessary to provide products and services to you and others, including those described above. Information associated with your account will be kept until your account is deleted, unless we no longer need the data to provide products and services.
You can delete your account any time. When you delete your account, we delete things you have posted, such as your photos and status updates. If you do not want to delete your account, but want to temporarily stop using Envy, you may deactivate your account instead. Keep in mind that information that others have shared about you is not part of your account and will not be deleted when you delete your account.

LEGAL REQUESTS

We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of our Services. Information we receive about you, including financial transaction data related to purchases made with Envy, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.


GLOBAL REQUESTS

Envy may share information internally within our family of companies or with third parties for purposes described in this policy. Information collected within the European Economic Area (“EEA”) may, for example, be transferred to countries outside of the EEA for the purposes as described in this policy. We utilize standard contract clauses approved by the European Commission, adopt other means under European Union law, and obtain your consent to legitimize data transfers from the EEA to the United States and other countries.
You can contact us using the information provided below with questions or concerns. We also may resolve disputes you have with us in connection with our privacy policies and practices through TRUSTe. You can contact TRUSTe through their website.


POLICY CHANGES

We’ll notify you before we make changes to this policy and give you the opportunity to review and comment on the revised policy before continuing to use our Services.



LICENSED APPLICATION END — USER LICENSE AGREEMENT
The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (“Application Provider”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”
a. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT — USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR — USE OR INABILITY TO — USE THE LICENSED APPLICATION, HOWEVER CA– USED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.


Envy Community Guidelines

Our mission is to give people the power to share and make the world more open and connected. Every day, people come to Envy to share their stories, see the world through the eyes of others and connect with friends and causes. The conversations that happen on Envy reflect the diversity of a community of more than one billion people.
We want people to feel safe when using Envy. For that reason, we’ve developed a set of Community Standards, outlined below. These policies will help you understand what type of sharing is allowed on Envy, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our Community Standards.
Helping to Keep you Safe

We remove content, disable accounts, and work with law enforcement when we believe there is a genuine risk of physical harm or direct threats to public safety. Learn more about how Envy handles abusive content.
Direct Threats: How we help people who feel threatened by others on Envy.

We carefully review reports of threatening language to identify serious threats of harm to public and personal safety. We remove credible threats of physical harm to individuals. We also remove specific threats of theft, vandalism, or other financial harm.
We may consider things like a person’s physical location or public visibility in determining whether a threat is credible. We may assume credibility of any threats to people living in violent and unstable regions.
Self-Injury: How we work to help prevent self-injury and suicide.

We don’t allow the promotion of self-injury or suicide. We work with organizations around the world to provide assistance for people in distress. We prohibit content that promotes or encourages suicide or any other type of self-injury, including self-mutilation and eating disorders. We don’t consider body modification to be self-injury. We also remove any content that identifies victims or survivors of self-injury or suicide and targets them for attack, either seriously or humorously. People can, however, share information about self-injury and suicide that does not promote these things.

Dangerous Organizations: What types of organizations we prohibit on Envy.

We don’t allow any organizations that are engaged in the following to have a presence on Envy:
        • Terrorist activity, or
        • Organized criminal activity.
We also remove content that expresses support for groups that are involved in the violent or criminal behavior mentioned above. Supporting or praising leaders of those same organizations, or condoning their violent activities, is not allowed.
We welcome broad discussion and social commentary on these general subjects, but ask that people show sensitivity towards victims of violence and discrimination.

Bullying and Harassment: How we respond to bullying and harassment.

We don’t tolerate bullying or harassment. We allow you to speak freely on matters and people of public interest, but remove content that appears to purposefully target private individuals with the intention of degrading or shaming them. This content includes, but is not limited to:
        • Pages that identify and shame private individuals,
        • Images altered to degrade private individuals,
        • Photos or videos of physical bullying posted to shame the victim,
        • Sharing personal information to blackmail or harass people, and
        • Repeatedly targeting other people with unwanted friend requests or messages.
We define private individuals as people who have neither gained news attention nor the interest of the public, by way of their actions or public profession.

Attacks on Public Figures: What protection public figures receive on Envy.

We permit open and critical discussion of people who are featured in the news or have a large public audience based on their profession or chosen activities. We remove credible threats to public figures, as well as hate speech directed at them – just as we do for private individuals.

Criminal Activity: How we handle reports of criminal activity on Envy.

We prohibit the use of Envy to facilitate or organize criminal activity that causes physical harm to people, businesses or animals, or financial damage to people or businesses. We work with law enforcement when we believe there is a genuine risk of physical harm or direct threats to public safety.
We also prohibit you from celebrating any crimes you’ve committed. We do, however, allow people to debate or advocate for the legality of criminal activities, as well as address them in a humorous or satirical way.

Sexual Violence and Exploitation: How we fight sexual violence and exploitation on Envy.

We remove content that threatens or promotes sexual violence or exploitation. This includes the sexual exploitation of minors, and sexual assault. To protect victims and survivors, we also remove photographs or videos depicting incidents of sexual violence and images shared in revenge or without permissions from the people in the images.
Our definition of sexual exploitation includes solicitation of sexual material, any sexual content involving minors, threats to share intimate images, and offers of sexual services. Where appropriate, we refer this content to law enforcement. Offers of sexual services include prostitution, escort services, sexual massages, and filmed sexual activity.

Regulated Goods

We prohibit any attempts by private individuals to purchase, sell, or trade prescription drugs, marijuana, firearms or ammunition. If you post an offer to purchase or sell alcohol, tobacco, or adult products, we expect you to comply with all applicable laws and carefully consider the audience for that content. We do not allow you to use Envy’s payment tools to sell or purchase regulated goods on our platform.

Encouraging respectful behavior

People use Envy to share their experiences and to raise awareness about issues that are important to them. This means that you may encounter opinions that are different from yours, which we believe can lead to important conversations about difficult topics. To help balance the needs, safety, and interests of a diverse community, however, we may remove certain kinds of sensitive content or limit the audience that sees it. Learn more about how we do that here.

Nudity

People sometimes share content containing nudity for reasons like awareness campaigns or artistic projects. We restrict the display of nudity because some audiences within our global community may be sensitive to this type of content – particularly because of their cultural background or age. In order to treat people fairly and respond to reports quickly, it is essential that we have policies in place that our global teams can apply uniformly and easily when reviewing content. As a result, our policies can sometimes be more blunt than we would like and restrict content shared for legitimate purposes. We are always working to get better at evaluating this content and enforcing our standards.
We remove photographs of people displaying genitals or focusing in on fully exposed buttocks. We also restrict some images of female breasts if they include the nipple, but we always allow photos of women actively engaged in breastfeeding or showing breasts with post-mastectomy scarring. We also allow photographs of paintings, sculptures, and other art that depicts nude figures. Restrictions on the display of both nudity and sexual activity also apply to digitally created content unless the content is posted for educational, humorous, or satirical purposes. Explicit images of sexual intercourse are prohibited. Descriptions of sexual acts that go into vivid detail may also be removed.

Hate Speech

Envy removes hate speech, which includes content that directly attacks people based on their:
        • Race,
        • Ethnicity,
        • National origin,
        • Religious affiliation,
        • Sexual orientation,
        • Sex, gender, or gender identity, or
        • Serious disabilities or diseases.
Organizations and people dedicated to promoting hatred against these protected groups are not allowed a presence on Envy. As with all of our standards, we rely on our community to report this content to us.
People can use Envy to challenge ideas, institutions, and practices. Such discussion can promote debate and greater understanding. Sometimes people share content containing someone else’s hate speech for the purpose of raising awareness or educating others about that hate speech. When this is the case, we expect people to clearly indicate their purpose, which helps us better understand why they shared that content.
We allow humor, satire, or social commentary related to these topics, and we believe that when people use their authentic identity, they are more responsible when they share this kind of commentary. For that reason, we ask that Page owners associate their name and Envy Profile with any content that is insensitive, even if that content does not violate our policies. As always, we urge people to be conscious of their audience when sharing this type of content.
While we work hard to remove hate speech, we also give you tools to avoid distasteful or offensive content. Learn more about the tools we offer to control what you see. You can also use Envy to speak up and educate the community around you. Counter-speech in the form of accurate information and alternative viewpoints can help create a safer and more respectful environment.

Violence and Graphic Content

Envy has long been a place where people share their experiences and raise awareness about important issues. Sometimes, those experiences and issues involve violence and graphic images of public interest or concern, such as human rights abuses or acts of terrorism. In many instances, when people share this type of content, they are condemning it or raising awareness about it. We remove graphic images when they are shared for sadistic pleasure or to celebrate or glorify violence.
When people share anything on Envy, we expect that they will share it responsibly, including carefully choosing who will see that content. We also ask that people warn their audience about what they are about to see if it includes graphic violence.
We work hard to help keep your account secure and protect your personal information. By joining Envy, you agree to use your authentic name and identity. You may not publish the personal information of others without their consent. Learn more about how we work to keep your information safe.

Using Your Authentic Identity: How Envy’s real name requirement creates a safer environment.

People connect on Envy using their authentic identities. When people stand behind their opinions and actions with their authentic name and reputation, our community is more accountable. If we discover that you have multiple personal profiles, we may ask you to close the additional profiles. We also remove any profiles that impersonate other people.
If you want to create a presence on Envy for your pet, organization, favorite movie, games character, or another purpose, please create a Profile. Pages can help you conduct business, reach out to fans, or promote a cause you care about.

Fraud and Spam: How we protect you from fraud and spam.

We work hard to help ensure that the information you share is secure. We investigate any suspected breach of security. Any attempt to compromise the security of a Profile, including fraud, may be referred to law enforcement. Using misleading or inaccurate information to artificially collect likes, followers, or shares is not allowed. We also ask that you respect people by not contacting them for commercial purposes without their consent.

Accounts of Friends or Family Who Have Passed Away: How you can create a place to remember lost loved ones on Envy.

Envy is a place where people come to share their stories and reminisce about friends and family who have passed away. Once we receive proof of death, we secure and memorialize accounts. We do this once we receive sufficient proof of death. Learn more about what happens when we memorialize an account.
Immediate family members can also request that we remove and delete a loved one’s profile.

Protecting your intellectual property

Envy is a place for you to share the things that are important to you. You own all of the content and information you post on Envy, and you can control how it is shared through your privacy and application settings. However, before sharing content on Envy, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights. Learn more about intellectual property rights.

Reporting Abuse

Our global community is growing every day and we strive to welcome people to an environment free from abusive content. To do this, we rely on people like you. If you see something on Envy that you believe violates our terms, please report it to us. We have dedicated teams working around the world to review things you report to help make sure Envy remains safe.
Governments also sometimes ask us to remove content that violates local laws, but does not violate our Community Standards. If after careful legal review, we find that the content is illegal under local law, then we may make it unavailable only in the relevant country or territory.
Please keep the following in mind:

        • We may take action any time something violates the Community Standards outlined here.
        • We may ask Page owners to associate their name and Envy Profile with a Page that contains cruel and insensitive content, even if that content does not violate our policies.
        • Reporting something doesn’t guarantee that it will be removed because it may not violate our policies.
        • Our content reviewers will look to you for information about why a post may violate our policies. If you report content, please tell us why the content should be removed (e.g., is it nudity or hate speech?) so that we can send it to the right person for review.
        • Our review decisions may occasionally change after receiving additional context about specific posts or after seeing new, violating content appearing on a Page or Envy Profile.
        • The number of reports does not impact whether something will be removed. We never remove content simply because it has been reported a number of times.
        • The consequences for violating our Community Standards vary depending on the severity of the violation and the person’s history on Envy. For instance, we may warn someone for a first violation, but if we continue to see further violations we may restrict a person’s ability to post on Envy or ban the person from Envy.

Not all disagreeable or disturbing content violates our Community Standards. For this reason, we offer you the ability to customize and control what you see by unfollowing, blocking, and hiding the posts, people, Pages, and applications you don’t want to see – and we encourage you to use these controls to better personalize your experience. Learn more. People also often resolve issues they have about a piece of content by simply reaching out to the person who posted it. We’ve created tools for you to communicate directly with other people when you’re unhappy with posts, photos, or other content you see on Envy.



Envy Business Profile Policy

The following terms, as well as our Data Policy and Statement of Rights and Responsibilities, apply to all Business Profile on Envy. Additionally, all content on Business Profile must comply with our Community Standards. You are responsible for ensuring that your Business Profile complies with all applicable laws, statutes, and regulations.


GENERAL

1. A Business Profile for a brand, entity (place or organization), or public figure may be administered only by an authorized representative of that brand, entity (place or organization) or public figure (an “official Business Profile”).
2. Any user may create a Business Profile to express support for or interest in a brand, entity (place or organization), or public figure, provided that it does not mislead others into thinking it is an official Business Profile, or violate someone’s rights. If your Business Profile is not the official Business Profile of a brand, entity (place or organization) or public figure, you must:
        • not speak in the voice of, or post content as though it was coming from, the authorized representative of the Business Profile’s subject matter; and
        • make clear that the Business Profile is not the official Business Profile of the brand, entity (place or organization) or public figure.
3. Content posted to a Business Profile is public and viewable by everyone who can see the Business Profile.
4. You are required to restrict access to Business Profile (through our gating functionality) as necessary to comply with applicable laws and Envy policies, including our Community Standards.
5. You may not establish terms for your Business Profile that conflict with our Statement of Rights and Responsibilities, Data Policyor these terms.



Business Profile Management

Business Profile Names and Envy Web Addresses
Business Profile names and Envy Web Addresses must accurately reflect Business Profile content. We may remove administrative rights or require you to change the Business Profile name and Envy Web Address for any Business Profile that fails to meet this requirement.
Business Profile names must:
        • not consist solely of generic terms (e.g., “beer” or “pizza”);
        • use proper, grammatically correct capitalization and may not include all capitals, except for acronyms;
        • not include character symbols, such as excessive punctuation and trademark designations;
        • not include superfluous descriptions or unnecessary qualifiers;
        • not mislead others into thinking it is an official Business Profile of the Business Profile’s subject matter or is authorized by an authorized representative of the Business Profile’s subject matter; and
        • not violate someone’s rights.


Name Changes and Merges

Name changes and merges must not result in a misleading or unintended connection and must not substantially change the Business Profile’s subject matter. Additionally, you must not request a name change or merge that would result in re-categorizing a product Business Profile to a brand Business Profile, a generic or opinion Business Profile to a brand Business Profile, or a Group to a Business Profil


Collection of Data

If you collect content and information directly from users, you will make it clear that you (and not Envy) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information.
You will not collect users’ content or information, or otherwise access Envy, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
Don’t use information obtained from a person’s interaction with your call-to-action for any purpose other than to provide the service associated with the call-to-action. If you want to use this information for any other purpose, first obtain a person’s explicit consent.


Tagging

You must not inaccurately tag content or encourage users to inaccurately tag content (ex: don’t encourage people to tag themselves in photos if they aren’t in the photo).

Business Profile Features

Branded Content on Business Profile

1. Branded content must comply with our Branded Content Policies.
2. You must comply with all applicable laws and regulations, including by ensuring that you provide all necessary disclosures to people using Envy, such as any disclosures needed to indicate the commercial nature of content posted by you.
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Cover

All covers are public. This means that anyone who visits your Business Profile will be able to see your cover. Covers can’t be deceptive, misleading, or infringe on anyone else’s copyright. You may not encourage people to upload your cover to their personal timelines.


Applications on Business Profile

Apps on your Business Profile must comply with the Envy Platform Policies.


Offers

If you create an offer using Envy’s offer creation tool, the following policies apply:
1. Envy offers must be available for a limited time.
2. You may only run an offer if you are the merchant for or the manufacturer of the product or service you are promoting.
3. You must clearly and prominently disclose any restrictions on your offer (such as expiration date or limitations on redemption).
4. You are solely responsible for improper redemption, fraud, disputes or other issues that arise from the distribution and/or redemption of your offer.
5. If your offer may be redeemed at a merchant not operated by you, it is your sole responsibility to communicate with the merchant and ensure they honor your offer.
6. You must only use the offer creation tool for its intended functionality and not to promote your website or other contact information, or to offer the equivalent of a gift card, gift certificate or stored value card.
7. You are responsible for ensuring that your offer complies with these terms and all applicable laws, rules and regulations. Offers are subject to many regulations (such as alcohol discounts and offers marketed to minors) and if you are not certain that your offer complies with applicable law, consult with an expert.

Promotions

1. If you use Envy to communicate or administer a promotion (ex: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:
        • The official rules;
        • Offer terms and eligibility requirements (ex: age and residency restrictions); and
        • Compliance with applicable rules and regulations governing the promotion and all prizes offered (ex: registration and obtaining necessary regulatory approvals)
2. Promotions on Envy must include the following:
        • A complete release of Envy by each entrant or participant.
        • Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Envy.
3. Promotions may be administered on Business Profile or within apps on Envy. Personal Timelines and friend connections must not be used to administer promotions (ex: “share on your Timeline to enter” or “share on your friend’s Timeline to get additional entries”, and “tag your friends in this post to enter” are not permitted).
4. We will not assist you in the administration of your promotion, and you agree that if you use our service to administer your promotion, you do so at your own risk.


Business Profile Content

1. Business Profile promoting the private sale of regulated goods or services (including firearms, alcohol, tobacco, or adult products) must restrict access to a minimum age of 18.
2. Business Profile that promote or facilitate online gambling, games of skill or lotteries, including online casino, sports books, bingo, or poker, are only allowed in specific countries with prior authorization from Envy.
3. Business Profile must not promote the sale of prescription pharmaceuticals. Business Profile for online pharmacies may be permitted with prior approval from Envy.
4. Business Profile must not contain false, misleading, fraudulent, or deceptive claims or content.
Amended Business Profile Terms for State and Local Governments in the United States


Envy Advertising Policy

OVERVIEW

Understanding Our Policies
Our Advertising Policies provide guidance on what types of ad content are allowed. When advertisers place an order, each ad is reviewed against these policies. If you think your ad was mistakenly disapproved, please let us know.


THE AD REVIEW PROCESS

Before ads show up on Envy, they’re reviewed to make sure they meet our Advertising Policies. Typically most ads are reviewed within 24 hours, although in some cases it may take longer.

What We Consider

During the ad review process, we’ll check your ad’s images, text, targeting, and positioning, in addition to the content on your ad’s landing page. Your ad may not be approved if the landing page content isn’t fully functional, doesn’t match the product/service promoted in your ad or doesn’t fully comply with our Advertising Policies.

What Happens After an Ad is Reviewed?

After your ad is reviewed, you’ll receive a notification letting you know if your ad is approved. If it’s approved, we’ll start running your ad and you can see your results in the Ads Manager.



STEPS TO TAKE IF DISAPPROVED

Edit Your Ad

If your ad isn’t approved for not fully complying with our policies, you can edit it and resubmit for review. To edit your ad:
        • Check the email address associated with your advertising account. If your ad doesn’t get approved, we’ll send you an email with details that explain why.
        • Using the information in your disapproval email, you can edit your ad and create a compliant one. Check this page forediting steps.
        • Save your edited changes. Once you save your changes, your ad will be resubmitted for review.

Appeal the Decision

If you can’t edit your ad or feel it was a mistake that it wasn’t approved, you can appeal the decision using this form.



PROHIBITED CONTENT

        • Community Standards
Ads must not violate our Community Standards.
        • Illegal Products or Services
Ads must not constitute, facilitate, or promote illegal products, services or activities. Ads targeted to minors must not promote products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted.
        • Discriminatory Practices
Ads must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.
Learn more
        • Tobacco Products
Ads must not promote the sale or use of tobacco products and related paraphernalia.
Learn more
        • Drugs & Drug-Related Products
Ads must not promote the sale or use of illegal, prescription, or recreational drugs.
Learn more
        • Unsafe Supplements
Ads must not promote the sale or use of unsafe supplements, as determined by Envy in its sole discretion.
Learn more
        • Weapons, Ammunition, or Explosives
Ads must not promote the sale or use of weapons, ammunition, or explosives.
Learn more
        • Adult Products or Services
Ads must not promote the sale or use of adult products or services, except for ads for family planning and contraception. Ads for contraceptives must focus on the contraceptive features of the product, and not on sexual pleasure or sexual enhancement, and must be targeted to people 18 years or older.
Learn more
        • Adult Content
Ads must not contain adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
Learn more
        • Third-Party Infringement
Ads must not contain content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. To report content that you feel may infringe upon or violate your rights, please check these details.
        • Sensational Content
Ads must not contain shocking, sensational, disrespectful or excessively violent content.
Learn more
        • Personal Attributes
Ads must not contain content that asserts or implies personal attributes. This includes direct or indirect assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, membership in a trade union, criminal record, or name.
Learn more
        • Misleading or False Content
Ads must not contain deceptive, false, or misleading content, including deceptive claims, offers, or business practices.
Learn more
        • Controversial Content
Ads must not contain content that exploits controversial political or social issues for commercial purposes.
        • Non-Functional Landing Page
Ads must not direct people to non-functional landing pages. This includes landing page content that interferes with a person’s ability to navigate away from the page.
Learn more
        • Surveillance Equipment
Ads may not promote the sale of spy cams, mobile phone trackers or other hidden surveillance equipment.
        • Grammar & Profanity
Ads must not contain profanity or bad grammar and punctuation. Symbols, numbers, and letters must be used properly.
Learn more
        • Nonexistent Functionality
Ads must not contain images that portray nonexistent functionality.
Learn more
        • Personal Health
Ads must not contain “before-and-after” images or images that contain unexpected or unlikely results. Ad content must not imply or attempt to generate negative self-perception in order to promote diet, weight loss, or other health related products. Ads for health, fitness or weight loss products must be targeted to people 18 years or older.
Learn more
        • Payday or Cash Advance Loans
Ads must not promote payday loans, paycheck advances or any other short-term loan intended to cover someone’s expenses until their next payday.
        • Multilevel Marketing
Ads promoting income opportunities must fully describe the associated product or business model, and must not promote business models offering quick compensation for little investment, including multilevel marketing opportunities.
Learn more
        • Penny Auctions
Ads may not promote penny auctions, bidding fee auctions or other similar business models.
        • Counterfeit Documents
Ads may not promote fake documents, such as counterfeit degrees, passports or immigration papers.
        • Low Quality or Disruptive Content
Ads must not contain content leading to external landing pages that provide an unexpected or disruptive experience. This includes misleading ad positioning, such as overly sensationalized headlines, and leading people to landing pages that contain minimal original content and a majority of unrelated or low quality ad content.
Learn more
        • Spyware or Malware
Ads must not contain spyware, malware, or any software that results in an unexpected or deceptive experience. This includes links to sites containing these products.
        • Automatic Animation
Ads must not contain audio or flash animation that plays automatically without a person’s interaction or expands within Envy after someone clicks on the ad.


RESTRICTED CONTENT

        • Alcohol
Ads that promote or reference alcohol must comply with all applicable local laws, required or established industry codes, guidelines, licenses and approvals, and include age and country targeting criteria consistent with Envy’s targeting guidelines and applicable local laws. Note that ads promoting or referencing alcohol are prohibited in some countries, including but not limited to: Afghanistan, Brunei, Bangladesh, Egypt, Gambia, Kuwait, Libya, Norway, Pakistan, Russia, Saudi Arabia, Turkey, United Arab Emirates and Yemen.
Learn more
        • Dating
Ads for online dating services are only allowed with prior written permission. These must adhere to the dating targeting requirements and our dating quality guidelines found here. In order to be a registered dating partner, please fill out this form to begin your application process.
Learn more
        • Real Money Gambling
Ads that promote or facilitate online real money gambling, real money games of skill or real money lotteries, including online real money casino, sports books, bingo, or poker, are only allowed with prior written permission. Authorized gambling, games of skill or lottery ads must target people 18 years or older who are in jurisdictions for which permission has been granted.
Learn more
        • State Lotteries
Lotteries run by government entities may advertise on Envy, provided the ads are targeted in accordance with applicable law in the jurisdiction in which the ads will be served and only target people in the jurisdiction in which the lottery is available.
Learn more
        • Online Pharmacies
Ads must not promote the sale of prescription pharmaceuticals. Ads for online and offline pharmacies are only permitted with prior written permission.
        • Supplements
Ads that promote acceptable dietary and herbal supplements may only target people who are at least 18 years of age.
Learn more
        • Subscription Services
Ads for subscription services, or that promote products or services that include negative options, automatic renewal, free-to-pay conversion billing products, or mobile marketing are subject to our subscription services requirements.
Learn more
        • Financial Services
Ads promoting credit card applications or financial services with accredited institutions must clearly provide sufficient disclosure regarding associated fees, including APR percentages transaction fees, within the ad’s landing page. Ads promoting loans or insurance services must not directly request the input of a person’s financial information, including credit card information.
        • Branded Content
Ads from Verified Pages (with the blue badge) promoting branded content must tag the featured third party product, brand, or sponsor using the branded content tool. Branded content within ads is defined as content where the content’s editorial voice has been influenced by and features a third party product, brand, or sponsor (e.g. product placement, sponsorship’s, sponsor logos, etc.). When promoting branded content integrations, advertisers must use the Branded Content tool (please learn more here on how to tag the featured third party product, brand, or sponsor).
        • Student Loan Services
Ads promoting student loan services must be targeted to people 18 years or older. Ads must not promote misleading or deceptive services related to student loan consolidation, forgiveness, or refinancing.

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VIDEO ADS

Video ads and other dynamic ad types must comply the all of the rules listed in these Advertising Policies, including the Community Standards, as well as the policies below:
        • Disruptive Content
Videos and other similar ad types must not use overly disruptive tactics, such as flashing screens.
        • Entertainment Related Restrictions
Ads for movie trailers, TV shows, video game trailers, and other similar content intended for mature audiences are only allowed with prior written permission from Envy and must target people who are 18 years or older. Excessive depictions of the following content within these ads are not allowed:
        • Drugs and alcohol use
        • Adult content
        • Profanity
        • Violence and gore


TARGETING

        • You must not use targeting options to discriminate against, harass, provoke, or disparage users or to engage in predatory advertising practices.

        • If you target your ads to custom audiences, you must comply with theapplicable termswhen creating an audience.


POSITIONING

        • Relevance
All ad components, including any text, images or other media, must be relevant and appropriate to the product or service being offered and the audience viewing the ad.
        • Accuracy
Ads must clearly represent the company, product, service, or brand that is being advertised.
        • Related Landing Pages
The products and services promoted in an ad’s text must match those promoted on the landing page, and the destination site must not offer or link to any prohibited product or service.

TEXT IN IMAGES

Our policies previously prohibited ads with text that covered more than 20% of an ad’s image. We’ve recently implemented a new solution that allows ads with greater than 20% text to run, but with less or no delivery. To find out more about this change and how it impacts your ads, visit the Advertiser Help Center.


LEAD ADS

Advertisers must not create Lead Ads questions to request the following types of information without our prior written permission.

        • Account Numbers
Ads must not request account numbers, including frequent flyer numbers, loyalty card numbers, or cable or telephone account numbers without our prior permission.
        • Criminal History
Ads must not request information regarding criminal or arrest history without our prior permission.
Learn more
        • Financial Information
Ads must not request financial information, including bank account numbers, bank routing numbers, credit or debit card numbers, credit scores, income, net worth or how much debt someone has without our prior permission.
Learn more
        • Government Issued Identifiers
Ads must not request government-issued identifiers, including Social Security numbers, passport numbers or driver’s license numbers without our prior permission.
        • Health Information
Ads must not request health information, including physical health, mental health, medical treatments, medical conditions or disabilities without our prior permission.
Learn more
        • Insurance Information
Ads must not request insurance information, including current insurance policy numbers, without our prior permission.
Learn more
        • Political Affiliation
Ads must not request information regarding political affiliation without our prior permission.
Learn more
        • Race or Ethnicity
Ads must not request information regarding race or ethnicity without our prior permission.
Learn more
        • Religion
Ads must not request information regarding religion or philosophical beliefs without our prior permission.
Learn more
        • Sexual Orientation
Ads must not request information regarding sexual orientation or information about the sexual life of the individual, including what gender(s) the person prefers to date, without our prior permission.
Learn more
        • Template Questions
Ads must not request the same or substantially similar information that you could use a Template Question to request.
Learn more
        • Trade Union Membership
Ads must not request information regarding trade Union membership status without our prior permission.
Learn more
        • Usernames or Passwords
Ads must not request usernames or passwords, including usernames and passwords for existing and new accounts, without our prior permission. If you want to direct people to sign up for an account with your site or service, you should use the Clicks to Website or Website Conversions objective when you run your ads.
Learn more


— USE OF OUR BRANDED ASSETS

        • Brand Endorsement
Ads must not imply an Envy endorsement or partnership of any kind, or an endorsement by any other Envy Company.
        • Envy’s Brands
Ads linking to Envy branded content (including Pages, groups, events, or sites that use Envy Login) may make limited reference to “Envy” in ad text for the purpose of clarifying the destination of the ad.
Learn more
        • Copyrights & Trademarks
All other ads and landing pages must not use our copyrights, Trademarks, or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines  or with our prior written permission.


DATA — USE RESTRICTIONS

        • Ensure any ad data collected, received or derived from your Envy (“Envy advertising data”) is only shared with someone acting on your behalf, such as your service provider. You are responsible for ensuring your service providers protect any Envy advertising data or any other information obtained from us, limit their use of all of that information, and keep it confidential and secure.

        • Don’t use Envy advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Envy) and only to assess the performance and effectiveness of your Envy advertising campaigns.

        • Don’t use Envy advertising data, including the targeting criteria for your ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.

        • Don’t transfer any Envy advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.


THINGS YOU SHOULD KNOW

        • The Advertising Policies apply to (1) ads and commercial content served by or purchased through Envy, on or off the Envy services, including ads purchased under AAAA/IAB Standard Terms and Conditions and (2) ads appearing within apps on Envy. Your use of Envy’s advertising products and services is part of “Envy” under Envy’s Statement of Rights and Responsibilities and is subject to the SRR. You may be subject to additional terms or guidelines if you use certain Envy advertising-related products or services.

        • Advertisers are responsible for understanding and complying with all applicable laws and regulations. Failure to comply may result in a variety of consequences, including the cancellation of ads you have placed and termination of your account.

        • We do not use sensitive personal data for ad targeting. Topics you choose for targeting your ad don’t reflect the personal beliefs, characteristics or values of the people who use Envy.

        • If you are managing ads on behalf of other advertisers, each advertiser or client must be managed through separate ad accounts. You must not change the advertiser or client associated with an established ad account; set up a new account. You are responsible for ensuring that each advertiser complies with these Advertising Policies.

        • We reserve the right to reject, approve or remove any ad for any reason, in our sole discretion, including ads that negatively affect our relationship with our users or that promote content, services, or activities, contrary to our competitive position, interests, or advertising philosophy.

        • For policies that require prior written permission, Envy or aEnvy Companymay grant these permissions.

        • These policies are subject to change at any time without notice.



ENVY SELF SERVE ADVERTISING POLICY

The following terms (the “Self-Serve Ad Terms”) apply to your use of the self-service advertising interfaces and APIs for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”) and any order you place through the Self-Serve Ad Interfaces (“Order”).

You can target your desired audience by buying ads to be delivered on Envy or our publisher network.

1. When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.

2. In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.

3. You will pay for your Orders in accordance with our Community Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.

4. Your ads will comply with ourAdvertising Policies.

5. We will determine the size, placement, and positioning of your ads.

6. We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get.

7. We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads.

8. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for all ads that run.

9. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.

10. We can use your ads and related content and information for marketing or promotional purposes.

11. You will not issue any press release or make public statements about your relationship with Envy or the Envy Services without our prior written permission.

12. We may reject or remove any ad for any reason.

13. If you are placing ads on someone else’s behalf, you must have permission to place those ads, including the following:
        • You warrant that you have the legal authority to bind the advertiser to these Self-Serve Ad Terms and the SRR.
        • You agree that if the advertiser you represent violates these Self-Serve Ad Terms or the SRR, we may hold you responsible for that violation.

The Self-Serve Ad Interfaces are part of “Envy” under Envy’s Statement of Rights and Responsibilities (the “SRR”), and the SRR continues to apply to your use of the Self-Serve Ad Interfaces and any other use of Envy. In the event of any conflict between these Self-Serve Ad Terms and the SRR, these Self-Serve Ad Terms shall govern with respect to your use of the Self-Serve Ad Interfaces to the extent of the conflict. We may ask you to review and accept supplemental terms that apply to your use of a specific feature or functionality made available through the Self-Serve Ad Interfaces. To the extent those supplemental terms conflict with these Self-Serve Ad Terms, the supplemental terms will govern with respect to your use of the specific feature or functionality to the extent of the conflict. We may change or update these Self-Serve Ad Terms from time to time and your continued use of the Self-Serve Ad Interfaces constitutes acceptance of those changes. These Self-Serve Ad Terms will terminate in the event of any termination of the SRR, but the following provisions will still apply: the lead-in paragraph, Sections 2, 5, 7, 9, 15 and this paragraph.