THE WEBSITE AND THE MOBILE APPS TERMS OF USE

The Terms and Conditions of Use (the “Terms of Use”) apply to the Mercuri Move Media web site located at www.mercurimove.com, and all associated sites and mobile apps developed by Mercuri Move Media Sp. z o.o. The Site and the mobile apps are the property of Mercuri Move Media Sp. z o.o.. By using the site, you agree to these terms of use; if you do not agree, do not use the apps and the site.

These Terms of Use (“Terms”) govern your access to and use of the Mercuri Move Media’s website, applications and services (“Products”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Applications, you agree to be bound by these Terms and by our Privacy Policy. You also confirm you have read and agreed to our Cookies Policy.

You may use our Products only in compliance with these Terms and all applicable laws. When you create your account in our mobile applications, you must provide us with accurate and complete information. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products. All text, graphics, user interfaces, photographs, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site and on the mobile applications is owned by Mercuri Move Media Sp. z o.o., and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Mercuri Move Media Sp. z o.o. written permission.

We grant our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Mercuri Move Media apps and websites solely for the purposes of operating, developing, providing, and using the Mercuri Move Media Products. Nothing in these Terms shall restrict other legal rights, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. Copies of content shared with others may remain even after you delete the content from your account.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Mercuri Move Media’s systems or applications, or any systems or networks connected to the

Mercuri Move Media’s websites or to Mercuri Move Media’s applications. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Mercuri Move Media’s websites or any transaction being conducted on the Mercuri Move Media’s websites, or with any other person’s use of the the Mercuri Move Media’s websites or Mercuri Move Media’s applications.

Following termination or deactivation of your account, or if you remove any User Content from Mercuri Move Media website or application, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Mercuri Move Media and its users may retain and continue to use, store, display, reproduce, re-work, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Mercuri Move Media websites or apps.

Mercuri Move Media has adopted and implemented the Mercuri Move Media Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please read our Copyright Policy.

While we work to protect the security of your content and account, Mercuri Move Media cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep your password secure.

Please notify us immediately of any compromise or unauthorized use of your account.

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Mercuri Move Media. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Mercuri Move Media, you do so at your own risk and you agree that Mercuri Move Media will have no liability arising from your use of or access to any third-party website, service, or content.

We reserve the right to refuse service to anyone.

The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.

Mercuri Move Media specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

Mercuri Move Media takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. To the maximum extent permitted by law, Mercuri Move Media shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the products; (b) any conduct or content of any third party on the products, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of your transmissions or content. in no event shall Mercuri Move Media’s aggregate liability for all claims relating to the products exceed one hundred U.S. dollars ($100.00).

For any dispute you have with Mercuri Move Media, you agree to first contact us and attempt to resolve the dispute with us informally. If Mercuri Move Media has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Mercuri Move Media agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Mercuri Move Media will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $15,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into these terms, you and Mercuri Move Media are each waiving the right to a trial by jury or to participate in a class action. To the extent any claim, dispute or controversy regarding Mercuri Move Media or our Products isn’t arbitrable under applicable laws or otherwise: you and Mercuri Move Media both agree that any claim or dispute regarding Mercuri Move Media will be resolved exclusively in accordance with these Terms. These Terms shall be governed by the laws of the Republic of Poland and the laws of the United States of America, without respect to its conflict of laws principles. Mercuri Move Media reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mercuri Move Media without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Mercuri Move Media in connection with the Products, shall constitute the entire agreement between you and Mercuri Move Media concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mercuri Move Media’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

PRIVACY POLICY

Thank you for using Mercuri Move Media websites and applications! We wrote this policy to help you understand what information we collect, how we use it, and what choices you have.

What information do we collect?

We collect information in a few different ways:

1. When you give it to us or give us permission to obtain it. When you sign up for or use our products, you voluntarily give us certain information. This can include your name, profile photo, graphic works, photos, comments, likes, the email address or phone number you used to sign up, and any other information you provide us. If you’re using Mercuri Move Media website or app on your mobile device, you can also choose to provide us with location data. And if you choose to buy something on Mercuri Move Media application, you provide us with payment information, contact information (ex., address and phone number), and what you purchased.

You also may give us permission to access your information in other services. For example, you may link your Facebook or Twitter account to Mercuri Move Media, which allows us to obtain information from those accounts (like your friends or contacts). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.

2. We also get technical information when you use our products. There’s certain information that almost always gets created and recorded automatically. Here are some of the types of information we collect:

• Log data. When you use Mercuri Move Media application or website, our servers automatically record information (“log data”), including information that your browser sends whenever you visit a website or your mobile app sends when you’re using it. This log data may include your Internet Protocol address, the address of the web pages you visited that had Mercuri Move Media features, browser type and settings, the date and time of your request, how you used Mercuri Move Media, and cookie data.

• Cookie data. Depending on how you’re accessing our products, we may use “cookies” (small text files sent by your computer each time you visit our website, unique to your Mercuri Move Media account or your browser) or similar technologies to record log data. When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser delete them). For example, we may use cookies to store your language preferences or other Mercuri Move Media settings so you don‘t have to set them up every time you visit Mercuri Move Media. Some of the cookies we use are associated with your Mercuri Move Media account (including personal information about you, such as the email address you gave us), and other cookies are not. For more detailed information about how we use cookies, please review our Cookies Policy.

• Device information. In addition to log data, we may also collect information about the device you’re using Mercuri Move Media on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and its settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.

3. Our partners and advertisers may share information with us. We may get information about you and your activity off Mercuri Move Media from our affiliates, advertisers, partners and other third parties we work with. For example:

• Online advertisers typically share information with the websites or apps where they run ads to measure and/or improve those ads. We also receive this information, which may include information like whether clicks on ads led to purchases or a list of criteria to use in targeting ads.

We use the information we collect to provide our products to you and make them better, develop new products, and protect Mercuri Move Media and our users. For example, we may log how often people use two different versions of a product, which can help us understand which version is better. If you make a purchase on Mercuri Move Media, we’ll save your payment information and contact information so that you can use them the next time you want to buy something on Mercuri Move Media.

We also use the information we collect to offer you customized content, including:

• Showing you ads you might be interested in.

We also use the information we collect to:

• Send you updates (such as when certain activity, like reworks or comments, happens on Mercuri Move Media websites and apps), newsletters, marketing materials and other information that may be of interest to you. For example, depending on your email notification settings, we may send you weekly updates that include Works you may like. You can decide to stop getting these updates by updating your account settings (or through other settings we may provide).

• Help your friends and contacts find you on Mercuri Move Media websites and apps. For example, if you sign up using a Facebook account, we may help your Facebook friends find your account on the Mercuri Move Media app when they first sign up for the Mercuri Move Media application or website. Or, we may allow people to search for your account on the Mercuri Move Media app using your email address.

• Respond to your questions or comments.

Transferring your information

Mercuri Move Media applications and websites are worldwide services. By using our products or services, you authorize us to transfer and store your information outside of your home country, including in the United States, for the purposes described in this policy. The privacy protections and the rights of authorities to access your personal information in such countries may not be equivalent to those in your home country.

What choices do you have about your information?

Our goal is to give you simple and meaningful choices over your information. If you have a Mercuri Move Media app account, many of the choices you have on Mercuri Move Media application are built directly into the product or your account settings. For example, you can:

• Access and change information in your profile page at any time, choose whether your profile page is available to search engines, or choose whether others can find your Mercuri Move Media app account using your email address.

• Link or unlink your Mercuri Move Media account from an account on another service (e.g., Facebook or Twitter). For some services (like Facebook), you can also choose whether or not to publish your activity on Mercuri Move Media application to that service.

• Choose whether Mercuri Move Media will be customized for you using information from off-Mercuri Move Media websites or apps. If you have a Mercuri Move Media app account and want to control how your off-Mercuri Move Media data is used to tailor your experience, you can visit your account settings and update your preferences. If you don’t have a Mercuri Move Media account, or don’t want us to customize Mercuri Move Media for you when you’re signed out, you can opt out here.

• Choose whether your purchases on Mercuri Move Media websites and applications will be used to customize recommendations and ads for you.

• Close your account at any time. When you close your account, we’ll deactivate it and remove your works from Mercuri Move Media. We may retain archived copies of your information as required by law or for legitimate business purposes (including to help address fraud and spam). You may have choices available to you through the device or software you use to access the Mercuri Move Media website or application:

• The browser you use may provide you with the ability to control cookies or other types of local data storage.

• Your mobile device may provide you with choices around how and whether location or other data is shared with us. How and when do we share information?

• When we have your consent. This includes sharing information with other services (like Facebook or Twitter) when you’ve chosen to link to your Mercuri Move Media app account to those services or publish your activity on Mercuri Move Media app to them. For example, you can choose to publish your works to Facebook or Twitter.

• When you buy something on the Mercuri Move Media application or website using your credit card, we may share your credit card information, contact information, and other information about the transaction with the merchant you’re buying from. The merchants treat this information just as if you had made a purchase from their website directly, which means their privacy policies and marketing policies apply to the information we share with them.

• If you buy something on the Mercuri Move Media website or application using Apple Pay, your credit card number is not shared with the merchant, but contact and transaction information is still shared.

• Online advertisers typically use third party companies to audit the delivery and performance of their ads on websites and apps. We also allow these companies to collect this information on the Mercuri Move Media application or website.

• We may employ third party companies or individuals to process personal information on our behalf based on our instructions and in compliance with this Privacy Policy. For example, we share credit card information with the payment companies we use to store your payment information. Or, we may share data with a security consultant to help us get better at identifying spam. In addition, some of the information we request may be collected by third party providers on our behalf.

• If we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Mercuri Move Media; or to detect, prevent, or otherwise address fraud, security or technical issues. We may share the information described in this Policy with our wholly-owned subsidiaries and affiliates. We may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy. We may also share aggregated or non-personally identifiable information with our partners, advertisers or others. For example, we may tell an advertiser on Mercuri Move Media application how many people saved something they shared, or the percentage of people who click on a piece of work after viewing it.

How do we make changes to this policy?
We may change this policy from time to time, and if we do we’ll post any changes on this page. If you continue to use Mercuri Move Media after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or get your consent as required by law.

How can you contact us?
The best way to contact us is online through the mail: support@mercurimove.com.

COOKIES POLICY AND OTHER TECHNOLOGIES

Mercuri Move Media’s websites, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our websites people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non‐personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.

Ads that are delivered by Mercuri Move Media may appear in Mercuri Move Media’s apps and websites. Mercuri Move Media and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with Mercuri Move Media more convenient and personal. For example, knowing your first name lets us welcome you the next time you visit the Mercuri Move Media Online Store. Knowing someone using your computer or device has shopped for a certain product or used a particular service helps us make our advertising and email communications more relevant to your interests. And knowing your contact information, hardware identifiers, and information about your computer or device helps us personalize your operating system, and provide you with better customer service.

If you want to disable cookies and you’re using a web browser, check with your provider to find out how to disable cookies. On your Mercuri Move Media mobile device, go to Settings to manage your preferences. Please note that certain features of the Mercuri Move Media website will not be available once cookies are disabled. As is true of most internet services, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data. We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. Mercuri Move Media may use this information in our marketing and advertising services.

In some of our email messages, we use a “click-through URL” linked to content on the Mercuri Move Media website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.