1.ACCEPTANCE OF TERMS OF USE

By using or accessing the Websites and Services, you are accepting the Terms of Use. Next Day reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the pages of the Websites.

2. LINKS TO THIRD PARTY SITES AND THIRD PARTY ADVERTISERS

The Websites include references and hyperlinks to websites of third parties and provide access to games and services of business partners of Next Day. Although Next Day selects its business partners carefully, Next Day does not provide any warranty and accepts no responsibility regarding the content, use and availability of websites of its business partners or other third parties. You acknowledge and agree that the websites of Next Day's business partners and other third party websites are governed by its own terms and conditions, such as terms of use, privacy statement and cookie statement. Please review these policies prior to using the services of third parties. Any dealings that you have with Next Day's business partners or other third parties (e.g. third party advertisers found on the Website) are between you and the third party. You acknowledge and agree that Next Day is not liable for any loss or claim you may have against such third party.

3. PRIVACY AND PROTECTION OF PERSONAL DATA

Please see the Privacy relating to the collection and use of your personal data. Please review these policies prior to using the Services.

4. PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

5. LIMITATION OF LIABILITY

In no event shall Next Day be liable for any special, indirect or consequential damages or any damages whatsoever, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or provision of or failure to provide the Services, or information available from the Services.

6. NO GUARANTEE AND SUPPORT

All Services are provided “as is”, with all faults and if and as available. Next Day makes no warranties or guarantees in respect of the Services. Next Day is not obligated to provide any support whatsoever. Next Day does not guarantee that the Services will meet your requirements, is error-free, reliable, without interruption or available at all times. Next Day does not guarantee that the results that may be obtained from the use of the Services will be effective, reliable, and accurate or will meet your requirements.

7.NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the Terms of Use. You may not use the Services in any manner that could damage, disable, overburden, or impair any Next Day server, Next Day's business partner's server or the network(s) connected to any of these servers, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Next Day server, Next Day's business partner's server or to any of the Services, through hacking, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

8.USE OF THE SERVICES

By way of example, and not as a limitation, you agree that when using the Services, you will not:

1) use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

2) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

3) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;

4) upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;

5) use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

6) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

7) advertise or offer to sell or buy any goods or services for any business purpose;

8) download any file posted by another user of the Services that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

9) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

10) restrict or inhibit any other user from using and enjoying the Services;

11) violate any code of conduct or other guidelines which may be applicable for (any of) the Services;

12) harvest or otherwise collect and process information about others, including e-mail addresses;

13) violate any applicable laws or regulations;

14) create a false identity for the purpose of misleading others; or

15) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Next Day reserves the right to take technical and legal measures to enforce compliance of the Terms of Use, without notice, for any reason whatsoever.

Next Day reserves the right at all times to disclose any information as Next Day deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Next Day's sole discretion.