Terms of Service for Users

Last Updated: September 2nd, 2021

ISSUU'S TERMS OF SERVICE ARE CHANGING. THE UPDATED TERMS OF SERVICE WILL BE EFFECTIVE SEPTEMBER 9TH, 2021. IF YOU USE OUR SERVICE AFTER THAT DATE, YOU ARE CONFIRMING THAT YOU HAVE READ AND AGREE TO THE UPDATED TERMS.

1. About ISSUU, functionality, right of use, and access

1.1 ISSUU is a web-based platform found on jollytarget.com. ("ISSUU"). ISSUU is a platform for written content ("Publications") but also other kind of content including but not limited to podcasts or video ("Other Content").

1.2 ISSUU is produced and marketed by Issuu Inc. ("Issuu or "we"), a truly modern media company, incorporated in the United States in the state of Delaware. For more information on Issuu please visit www.jollytarget.com/about.

1.3 ISSUU contains Publications and Other Content created and uploaded by external publishers (as defined below).

1.4 If you want to have full access to ISSUU and make use of all features, you need to become a user by creating an account/user profile ("User or you or your").

1.5 If you accept these terms on behalf of a legal entity (becoming the User/Publisher), You hereby undertake and warrant to Issuu that you have the power to bind the legal entity and that the legal entity will be bound by these terms ("Terms"), the Privacy Policy and any other terms regulating the use of ISSUU.

1.6 If a User also uploads Publications or Other Content to ISSUU that User also becomes a "Publisher" and will have to accept separate terms regulating the use of our service as a Publisher, please see section 8.

1.6.1 Full access to ISSUU is currently free, but this may change as we reserve the right to charge payment for the access or access to certain functionality. We may also make access contingent upon you submitting more personal data to us, always subject to our Privacy Policy.

1.7 We will announce any changes in Your access with at least a three-month notice.

1.8 As a User you are only allowed to have one active account. Any excess accounts will be closed by Issuu without notice.

2. Language and professional conduct

2.1 ISSUU is only made available in the English language. These Terms and any other terms and privacy policy regulating your use of ISSUU ("Legal Agreements"), including any use of ISSUU in your capacity as Publisher, are similarly only provided in the English language.

2.2 If your skills in the English language are not sufficient to understand the Legal Agreements or the consequences of the use of ISSUU, or if you are domiciled in a country where ISSUU and the Terms should be translated into your local language, you are not permitted to use ISSUU and, in particular, in your capacity as Publisher.

2.2.1 We urge you to seek professional advice if you are a natural person, contemplating to become a Publisher, as publishing content on ISSUU may impose a professional responsibility and potential a considerable liability on you, that is unknown to you as a consumer. Please also consult our Q&A on copyright. If you want to become a Publisher, you will have to accept our terms for Publishers.

2.2.2 You understand and agree that, by entering into these Terms, you and Issuu are each agreeing to Arbitration and waiving the right to a trial by jury or to participate in a class action, as further regulated in article 20.

3. Creating an account

3.1 When creating an account, you may use an e-mail or a support social media login to create an account. When creating an account, you will be asked to accept the Terms and our Privacy Policy.

3.2 If you decide to use a supported social media login you accept that we from the chosen social media will receive and consequently collect certain personal data and that you by logging into ISSUU using your social media login will continue to allow us to collect person data from the chosen social media until such time where you chose an alternative way of logging in to your account.

3.3 The collection and processing of your personal data is subject to our Privacy Policy.

3.4 If you do not want the exchange of personal data between social media providers and Issuu, please create your account using an e-mail and a chosen password.

3.5 Please always keep your account safe by using a strong and unique password and by keeping your password or other means of login confidential and strictly personal.

3.6 If you have any reason to believe that the safety of your account has been compromised, please immediately notify Issuu at [email protected] and ask for your account to be closed until your password or other means of access has been reset.

3.6.1 This provision is particularly important if you also use your account in your capacity as Publisher to upload content, as you are liable for all content uploaded from your account.

3.7 You are sole liable for the losses incurred by you, Issuu or others due to any unauthorized use of your account,

3.8 You may at anytime close down your account by following the instructions here or contacting [email protected].

3.9 Before creating an account with us you are entitled to some basic information that you may find in our help center.

4. The right to withdrawal

4.1 If you enter into a subscription with us or a Publisher to be able to have access to more content or features or to download content, you will be asked to accept that your right to withdraw is waived as you access/download will commence right after you have paid.

4.2 You will however have the possibility to terminate any periodic subscription that you have signed up to with effect at the end of a month. This means that you as a maximum only have to pay the applicable subscription fee for one (1) month.

4.3 You can also at anytime without notice close down your account with us, and thereby stop using ISSUU.

5. Scope of access

5.1 ISSUU can only be accessed via the Internet using a supporting device and an adequate internet access and a supported browser (see more). It is your sole responsibility to ensure adequate access to the Internet and to ensure that you are using a supported browser and have downloaded and installed all necessary third-party software.

5.2 Depending on your payment plan with your supplier you may have to pay a substantial amount for downloading Publications or other content, so please make sure you know the costs prior to download of any content.

5.3 Access includes, unless otherwise agreed, the full standard functionality of ISSUU as access to additional functionality or content may be subject to payment of fees.

5.4 You may be required to use third party software as part of your use of ISSUU, You are sole responsible for your use of third party software. To the extent you access or otherwise use any third party API, such access may be governed by such third party's terms of service for such API. Without limiting the foregoing, to the extent you access or otherwise use the YouTube API, the YouTube Terms of Service shall apply and you agree to be bound by such terms.

6. Signing up for news and advertising

6.1 When you create your account, and during your use of ISSUU, you will be asked whether you want to sign up to our newsletter. This is voluntary and you can always withdraw your consent to receiving our newsletters under your settings or by using the unsubscribe button in our newsletter.

6.2 Our newsletter contains news about and from Issuu, the content on and functionality of ISSUU and news from chose of our Publishers who pay us to place news relevant to our users in our newsletter.

6.3 You accept that your use of ISSUU will subject you to advertisements on ISSUU from Issuu or third-party advertisers.

7. Content and your right of use

7.1 You accept that all Publications and Other Content on ISSUU are created and uploaded by Publishers, both professionals and non-professionals and that the content does not belong to Issuu and that Issuu does not warranty a certain number of Publications or Other Content, the quality of the Publications or Other Content, particular categories of Publications or Other Content as the content including but not limited to the amount of Publications can be changed without notice.

7.2 By visiting ISSUU you only obtain a limited right to access, read and, if permitted, download and read the Publications or Other Content.

7.3 Regardless of whether your access is free or is a Paid Service, you are not granted, and you do not receive, any rights or permissions to make commercial or other non-private use of the content found on ISSUU, including but not limited to any reuse of any part the Publications or Other Content and you accept that you are not allowed to use the content found on ISSUU for any other purpose than your private enjoyment of the content. Any other use, including but not limited to commercial use, is subject to you obtaining prior permission for the intended use from the Publisher.

7.4 You understand that when using ISSUU you will be exposed to published content from a variety of sources, and that Issuu is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such published content.

7.5 You further understand and acknowledge that you may be exposed to published content that is inaccurate, offensive, indecent or objectionable or that may contain advertisements, product placements and advertorials, and you agree to waive to the extent permissible under applicable law. You hereby do waive, any legal or equitable rights or remedies you have or may have against Issuu with respect thereto.

7.6 Issuu does not endorse any uploaded Publications or Other Content or any opinion, recommendation or advice expressed in any uploaded Publications or Other Content.

7.6.1 Issuu expressly disclaims any and all liability in connection with any uploaded Publications or Other Content.

7.7 Prohibited Conduct

7.7.1 You agree not to commit any act of the following prohibited conduct:

7.7.1.1 use ISSUU for any purpose other to access ISSUU as the service is offered from time to time by Issuu;

7.7.1.2 delete the copyright or other proprietary rights markings on ISSUU or in the Publications;

7.7.1.3 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of ISSUU. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

7.7.1.4 in any other way use ISSUU in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions or other content;

7.7.1.5 defame, harass, abuse, threaten or defraud user of ISSUU or upload any content to ISSUU that is unlawful or otherwise inappropriate, or collect, or attempt to collect, personal information about users or third parties without their consent, or use the content on ISSUU for any commercial use, it being understood that the content available on ISSUU is for personal, non-commercial use only;

7.7.1.6 hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of ISSUU or uploaded content/publications, features that prevent or restrict use or copying of any content accessible through ISSUU, or features that enforce limitations on the use of ISSUU or uploaded content/Publications or intentionally interfere with or damage operation of ISSUU or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

7.7.1.7 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of ISSUU or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

7.7.1.8 modify, adapt, translate or create derivative works based upon ISSUU or any uploaded content/Publications except and only to the extent that such activity is expressly permitted by these Terms or applicable law notwithstanding this limitation; or

7.7.1.9 remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), Issuu brand elements, including logos, trademarks, service marks or uploaded content/Publications displayed by Issuu in any manner whatsoever, regardless of your use of the embedding functionality of ISSUU to display authorized content on your or other third party sites.

8. Becoming a PUBLISHER - upload of Publications - please read carefully

8.1 If User wants to create, upload and distribute User' s own content, becoming a Publisher, then User shall adhere to the Service Terms for Publishers and any other specific Publisher terms that User will be asked to accept before being allowed to upload and publish content in particular if User signs up for a paid publisher plan.

8.2 When becoming a Publisher, you will no longer be regarded as a consumer, but as a professional, if will alter your legal position substantially, so please read the Terms of Service for Publisher carefully and seed at advice before accepting the terms.

8.3 If you are a natural person, you can still use your account for reading Publications as a Consumer, but your Publisher activity will exclusively be governed by the Terms of Service for Publishers.

8.4 By uploading content to ISSUU you hereby grant to:

8.4.1 Issuu a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, change, distribute, and otherwise use your uploaded content to operate ISSUU as it may appear at the time of your upload or at later stage if new functionality or formats are deployed.

8.5 You revoke your license to Issuu with future effect by taking down your uploaded content.

8.6 You are solely responsible for all of your uploaded content be it Publications or Other Content and you hereby recognize and confirm that ISSUU is merely providing you the means to collaborate on and make available your content. Accordingly, you shall be solely responsible for all your uploaded content and the consequences of uploading it.

8.7 By uploading your content (Publications or Other Content), you confirm, represent, and warrant that:

8.7.1 you are the sole creator and owner of all uploaded content; or

8.7.2 you have obtained the necessary licenses, rights, consents, and permissions to use and to authorize Issuu and Issuu's Users to use and distribute your uploaded content as agreed in these Terms.

8.8 Issuu may request you to confirm and document that you hold the aforementioned rights for each upload you, in your capacity as Publisher undertake, in order to comply with EU copyright regulation.

8.9 If we receive notice that your uploaded content (or some of it) infringes third party rights, we will take down your uploaded content, if the notice in our opinion is sufficiently substantiated. If we take your uploaded content down, we will inform you of the take dawn and grant you the opportunity to prove that you have complied with 7.6. If we are satisfied that you have complied with 7.6, we may allow you to upload the content again, but we are not obliged to do so. Any subsequent upload of the content that we have taken down without our permission will be considered a material breach of these Terms.

8.10 We may without notice introduce technologies that are aimed at detecting copyright infringements in connection with uploads if content and other measure to ensure that content is only uploaded in accordance with the requirements in 7.6.

8.11 If you think that your copyright has been infringed by, or you have a complaint in respect of the Publications or Other Content, please report a DMCA copyright infringement claim.

8.12 You further confirm, represent, and warrant that:

8.12.1 your uploaded content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and

8.12.2 your uploaded content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of ISSUU.

8.13 Violators of third-party rights may be subject to criminal and civil liability and to Issuu undertaking a takedown of your uploaded content without notice to you as further detailed in 7.8.

8.14 Issuu reserves the right, and has absolute discretion, to takedown or disable any uploaded content at any time and for any reason without notice. If possible Issuu with give notice to you before we takedown your uploaded content, but we are not obliged to do so.

8.15 Issuu may offer you the possibility of monetizing your content by way of digital sale for which Issuu' s digital sales terms apply.

8.16 If you make use of the possibility of monetizing your content you confirm, represent and warrant that you understand that you then potentially will no longer be subject to the legal protection granted to you in your capacity as a consumer, as you under applicable law will become a professional Publisher and will be handled by Issuu as such to the fullest extent permitted by applicable law.

9. Fees and Payment

9.1 All fees are quoted in USD unless otherwise indicated.

9.2 Some of the functionality or access to some of the Publications or Other Content may have fees associated with them, making them a Paid Service. You will have the opportunity to review and accept the fees that you will be charged before using a Paid Service.

9.3 We will also charge you a proportional subscription fee if you subscribe during a subscription period.

9.4 Any subscription you subscribe to will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing for the next periods (month, quarter or year) subscription fee.

9.5 You accept that content may be turned into a paid service without notice, as this is decided solely by the Publishers. You also accept that content may be taken down or otherwise restriction without notice.

10. Terms of payment

10.1 All fees are paid in advance and are drawn from your selected payment method upon your acceptance of the Paid Service.

11. Ownership; Proprietary Rights

11.1.1 ISSUU is owned and operated by Issuu.

11.1.2 ISSUU consists of the visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of ISSUU as provided by Issuu and all these elements are protected by United States and EU copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.

11.2 Except for any user submissions (Publications and Other Content) that are provided and owned by Publisher, all parts of ISSUU are the property of Issuu or its subsidiaries or affiliated companies or third-party licensors. All trademarks, service marks, and trade names are proprietary to Issuu or its affiliates or third-party licensors.

11.3 If you act in your capacity as Publisher you hereby grant to Issuu, for as long as the content/publications are accessible on ISSUU, a transferable, worldwide, non-exclusive, royalty free right to grant to users the user rights contained in these Terms and any other right necessary to operate ISSUU.

11.4 Except as expressly authorized by Issuu, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any part of ISSUU. Issuu reserves all rights not expressly granted in these Terms.

12. Liability and waiver

12.1 User shall be solely liable for any and all use of ISSUU, including access to ISSUU and any handling of any uploaded content from the User' s account.

12.2 Issuu does not assume any kind of responsibility for any use of ISSUU for which ISSUU is not intended or does not support.

12.3 Issuu shall not be liable for any inability to access ISSUU caused by:

12.3.1 User' s lack of internet access regardless of the reason;

12.3.2 Telecommunication problems, i.e. cable breakdown, unusual heavy traffic etc. that makes it impossible to access ISSUU;

12.3.3 Updates and other required maintenance of ISSUU or the underlying it-infrastructure; and

12.3.4 such extraordinary circumstances which are outside the control of Issuu or its suppliers or sub-contractors, and which could not or should not reasonably have been foreseen and should not have been avoided or overcome when entering into these Terms.

12.4 If not otherwise provided for in these Terms, Issuu shall be liable pursuant to the ordinary rules on contractual liability in Danish law.

12.5 Issuu, however, waives any and all liability for indirect loss and consequential damage, including loss of profits and other loss caused by lack of accessibility to ISSUU and/or loss of data unless caused by wilful misconduct or gross negligence.

12.6 Issuu' s liability for damages shall under all circumstances be limited to the total consideration received from User in the most recent twelve (12) months before the claim is made, however, with an absolute maximum of USD 5,000 during the entire term of the Users use of ISSUU.

13. User's Indemnification - PLEASE READ CAREFULLY

13.1 By accepting these Terms, you agree to indemnify Issuu, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of ISSUU, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you, in particular in your capacity as Publisher, in these Terms.

13.2 Issuu reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Issuu, and you agree to cooperate with Issuu's defense of these claims. Upon notice of any impending claim, action or proceeding, Issuu will use reasonable efforts to notify of any indemnification obligation.

14. Security, backup and local storage of data

14.1 ISSUU has in accordance with present industry standards been secured against unauthorized access.

14.2 Before closing an account, User shall ensure that all relevant data including Publications or other content, have been copied/ downloaded locally to Users own systems. User acknowledges that it is not possible to retrieve data after its account has been closed.

15. Virus, spyware and malware etc.

15.1 Publisher must implement recognized anti-malware software and procedures to ensure that all content uploaded to ISSUU have been scanned for all known viruses, spyware and malware etc.

15.2 If Publisher fails to scan data prior to uploading in accordance with section. 15.1, Publisher shall be responsible and liable for any damages and losses suffered by Issuu and other users/publishers, should any of Publishers uploaded Publications/other content be infected with viruses, spyware and/or malware etc.

16. Duty of confidentiality

16.1 Issuu, its employees, sub-suppliers and their employees shall observe strict confidentiality as regards any information concerning User' s business affairs and other confidential information coming into their possession in connection with the set-up, operation and performance of ISSUU.

17. Termination, and disablement of access

17.1 The full access to and use of ISSUU may be terminated by User as follows:

17.2 If a Publisher does not want to use ISSUU anymore, the Publisher shall takedown all its Publications and Other Content.

17.3 A User may simply close its user account. Closing an account does not entitle User to a proportional refund of any prepaid access fee or subscription fee.

17.4 If User, after being given at least ten (10) days written notice, has not paid any outstanding fees or other amounts due to Issuu, Issuu is entitled to disable the User' s access to ISSUU.

17.5 The access to ISSUU cannot be restored until User has paid all amounts due, including all costs.

17.6 In addition, either party may terminate the access to use ISSUU without notice if the other party has not remedied a material breach at the latest ten (10) working days after having received a written demand thereof.

18. Communication

18.1 Issuu may use User' s e-mail for all types of communication, including service messages, demands, and reminder letters and notices concerning news in ISSUU or other services provided by Issuu.

18.2 All enquiries to Issuu in addition to support enquiries, must be sent by e-mail or via a web-based form provided by Issuu.

19. Assignment

19.1 Issuu is free to assign rights and/or liabilities in connection with the delivery of ISSUU to a third party without prior written consent from User. Furthermore, Issuu may use sub-suppliers to fulfil all of or parts of its obligations.

20. Applicable law, Venue and Arbitration

20.1 Governing Law; Venue.

20.1.1 These Terms and any action arising out of these Terms or your use of ISSUU, whether interpreted in a court of law or in arbitration, will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles but without depriving you of the preceptive protection you enjoy in the country where you live or usually resides.

20.2 Enforceability

20.3 If any or all of the below arbitration agreement provision is found to be unenforceable, then the entirety of the below arbitration agreement provision will be void and, in that case, you and Issuu agree to the personal and exclusive jurisdiction in the state and federal courts in San Francisco, California will govern any action arising out of or related to these Terms.

20.4 Internal dispute resolution

20.4.1 Issuu has established an internal dispute resolution board ("Resolution Board") that will hear your complaint free of charge. The Resolution Board is comprised by an Issuu executive and an external expert, normally our local lawyer.

20.4.2 You may submit your complaint to the Resolution Board using the e-mail [email protected].

20.4.3 The Resolution Board will normally within 30 days after having received your complaint and all relevant information decide your complaint. The Resolution Board' s decision is binding upon Issuu. The Resolution Board may meet your complaint in whole or in part or it may reject it.

20.4.4 When deciding your complaint the Resolution Board will take into account the consumers rights that you may hold but it will primarily use the principle of bono and equity to reach a decision.

20.4.5 You will receive the decision from the external member of the Resolution Board. If your complaint is not meet, you will receive an explanation of why it is not meet and a guide to who will hear your complaint and the implications of submitting your complaint to either the below mentioned arbitration or the competent court.

20.5 Arbitration

20.5.1 In the interest of resolving disputes between you and Issuu in the most expedient and cost-effective manner, you and Issuu agree that any and all disputes arising in connection with these Terms and the use of ISSUU will be resolved by binding arbitration if you decide to refer the matter to arbitration.

20.5.2 Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.

20.5.3 Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

20.5.4 You understand and agree that, by entering into these Terms, you and Issuu are each waiving the right to a trial by jury or to to participate in a class action

20.5.5 You and Issuu agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit either of our rights to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.

20.5.6 Any arbitration between you and Issuu will be governed by the American Arbitration Association ("AAA") Consumer Arbitration Rules in their entirety.

20.5.6.1 You may find the rules here (the AAA Rules):

20.5.6.2 You can find the forms you need to demand arbitration proceedings on www.adr.org.

20.5.7 If you commence arbitration in accordance with these Terms, and provided that you first have submitted your complaint/claim to our Resolution Board for resolution, Issuu will reimburse you for your payment of the filing fee unless your claim is for greater than $ 25,000, in which case the payment of any fees will be decided by the AAA Rules.

20.5.8 Modifications

20.5.8.1 Issuu will not make any future change to this arbitration provision (other than a change to Issuu's address for notice), unless required to do so by a change to the AAA rules or changes to the applicable regulation.

20.5.9 No Class Actions. YOU AND ISSUU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20.5.10 Opt-out Deadline

20.5.10 Further, unless both you and Issuu agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. YOU MAY OPT-OUT OF THE CLASS ACTION WAIVER ABOVE WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Opt- Out Deadline"). You may opt out of the waiver by mailing written notification to Issuu at the address stated at the end of these Terms. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not agree to the class action waiver. Your decision to opt-out will have no adverse effect on your relationship with Issuu. Any opt-out request received after the Opt-Out Deadline will not be valid. Neither you, nor any other user of the Issuu Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.