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AdsYeah.com


TERMS OF USE

TERM of COMMITMENT TO COMPLIANCE AND ACCEPTANCE OF THE CONDITIONS RELATING TO THE ADSYEAH.COM E-COMMERCE AND TEMPLATES e-commerce advertising models CINCO CINCO PRODUÇÕES E ESTRATEGIA LTDA ME, registered in the CNPJ/MF under no. 08,955,672/0001-62, hereinafter referred to as "55 DIGITAL", represented in Portugal by Rodrigo P. Moraes, registered in the tax roll under 280757094, herein the CONTRACTED PARTY, on the one hand, and, on the other hand, as a CONTRACTOR, the natural person or legal entity identified in the electronic register filled in on the www.adsyeah.com site, which appears as annex to this instrument an integral part of this, hereinafter referred to as the USER and when referred to both together (USER and 55 DIGITAL), hereinafter referred to as Parties, have agreed between themselves and each other to accept the present Term of Commitment, under the conditions described below.

For purposes of this agreement, it is understood:
• USER as one who wishes to hire the service of formatting templates; image editing; dpi's conversion and image database; offered on the website in question;
• 55 DIGITAL as a service provider company that provides the templates for formatting. 55 DIGITAL;
• WEBSITE as the electronic page “Adsyeah.com available on the world wide web internet;
• TEMPLATES as the PRODUCTS to be formatted and modified by the USER with data, images and own information;
• CONTENT as any alteration, formatting, image and information added to the templates by the USER;
• PRODUCT as the end-product created by the USER originating from the changes, formatting and insertions of content in templates provided by the 55 DIGITAL system;
• HOSTING as the service to host the website of the company providing services so that it is available on the World Wide Web - the internet;
• SERVER as the external electronic equipment belonging to third parties also known as Cloud, that makes the HOSTING of the site feasible as well as all files of templates, and transactions.


1 - INITIAL CONDITIONS AND PRECEDENTS
1.1 - The www.Adsyeah.com service now available to any USER was developed and is licensed by 55 DIGITAL, and that the conditions established here are unique and replace and incorporate any previously existing agreements in force and should therefore be observed and accepted by all and any USER interested in freely using the benefits that this entails.
1.2 - The confirmation of the use of the services of 55 DIGITAL by the USER will apply after the completion of registration data via www.Adsyeah.com site which implies acceptance of this agreement and forms an integral part of the registration available at www.Adsyeah.com. It is the responsibility of the USER to read fully this agreement, even knowing that, under no circumstances will claims of ignorance or disagreement regarding the clauses herein be accepted. On registration, the USER will be given a personal and nontransferable password and the registration data will be used by 55 DIGITAL exclusively for the provision of services.
1.3 - The tools used in creating the TEMPLATE, the operational of the system, algorithms and their implementation are the exclusive property of 55 DIGITAL, who developed them and may not, under any circumstances, be reproduced or commercialized without the prior written consent.
1.4 - The USER as a legal person declares that it has legally constituted company and has legal capacity, in accordance with the legislation in force, to carry out commercial activity in the National and International Territories, whether real or in virtual scope. Similarly, the individual USER declares he is aware and respects the legislation in force in National Territory, as well as the implications of use of the same in International Territories;
1.5 - Moreover, the USER undertakes, of his own accord and that of his descendants, not to develop any activity constitutes in practice any wrongdoing, as provided for in current legislation, including such restriction not only goods, but also relevant services, specifically regarding preservation and respect of privacy and image of others that will compose his content or clientele.
1.5.1 - Forbidden activities above include content involving child pornography, drugs, transmission or dissemination of threats, material that causes racism or violence, among other unlawful acts.
1.5.2 - The use of backup files of Server TEMPLATES is forbidden as well as those in management systems, email servers and domain HOSTING for images and files for the promotion of products, services or entities, of a commercial nature or not, with or without profit for the use of these images and files in email marketing campaigns , newsletters, ads on auction sites or any other types of sites. The use of the servers is only and exclusively for the operation of the www.Adsyeah.com website and email management system.


2 - OBJECT OF THE SERVICES AND CLARIFICATION OF SERVICES
2.1 - Non-exclusive and transferable licensing, to the USER, with access via the internet to the www.Adsyeah.com service, developed and made available by 55 DIGITAL, performs the formatting, changing and inserting content by the USER, of available components hereinafter TEMPLATES, for sale of goods and services and dissemination of messages of interest to the USER, as well as for the development of his activities, hereinafter referred to as SERVICE, in accordance with the terms of contractual constitution of this instrument.
2.1.1 - The authorization of use of www.Adsyeah.com will be carried out by means of of software installed on servers controlled by 55 DIGITAL for the sole purpose of the USER to change and format and enter data in the TEMPLATES to generate the product, for their own use and disclosure in the media, or, for graphic printing at the choice of the USER, under his sole responsibility.
2.2 - www.Adsyeah.com was developed for access and use by means of WEB browser (browser of internet pages), not committing 55 DIGITAL to give any support to any particular platform.
2.3 - The provision of service via the web server is not and cannot be the responsibility of 55 DIGITAL, because it is an independent service, and hired by a third party. 55 DIGITAL is not responsible for quality of connection nor failures in the


3 - OBLIGATIONS OF THE PARTIES
3.1 – In addition to those already mentioned, the USER’S obligations are as follows:
3.1.1 - Provide and maintain updated true information/documents relating to your personal information and/or your legal entity whenever requested by 55 DIGITAL. False information or the refusal to provide information on request will give 55 DIGITAL the right to cancel or suspend the services provided either partially or
3.1.2 – The parties are responsible for all goods and services provided and information that is entered in the PRODUCT for marketing and serving, as well as all materials and information of any kind or origin, extending also to possible omissions and unlawful acts that occur in the the utilization of the USER’s PRODUCT.
3.1.3- Ensure that your corporate, tax, and labor commitments, among others, are in compliance and observe the applicable legislation to the type of business in development with the pertinent permissions to exhibit and sell their goods and services offered as well as messages disclosed in the USER'S PRODUCT.
3.1.4 – Assume responsibility for the reproduction and display of any intellectual works, images, or information from third parties which are on display for sale and marketing in general, or inserted for message dissemination, in addition to the mandatory messages required for each specific market segment, including but not limited to those required by the laws of each country in the USER’S PRODUCT.
3.1.5 - Complete the delivery of all orders made by its customers within the due delivery times informed for your product, fulfilling this and all other obligations to customers that buy through the PRODUCT for subsequent creation and dissemination.
3.1.6 - Provide means for payment and delivery of goods and services whose operations are included in the PRODUCT.
3.1.7 – Refrain from obtaining or attempting to obtain access to any server controlled by 55 DIGITAL without the written permission.
3.1.8 - Request prior written authorization from 55 DIGITAL to provide any information to the media, written or spoken that relates to this Term of Commitment and any transactions that may take place as a result ofthe present instrument.
3.1.9 – Refrain from using the texts, logos, brands, music, sounds, photographs and any other securable work as content to be made available in the product, without the prior and express authorization of the owner of rights, and respond personally and unlimitedly to possible injury resulting from non-observance of this obligation, including observance of the law that regulates royalties.
3.1.10 - Request previous authorization, and wait for a reply from 55 DIGITAL to transfer responsibilities, rights and obligations from this contract to third parties. Implementation by default gives 55 DIGITAL the right to terminate this agreement, as well as to propose judicial action applicable to the situation.
3.2 - In addition to those already mentioned, 55 DIGITAL’s obligations are as follows:
3.2.1 - Maintain information about the USER and his PRODUCTS on 55 DIGITAL’s servers, including, but not limited to, USER registration, related PRODUCTS and save copies of the most recent alterations for 5 days;
3.2.2 - Ensure that the www.Adsyeah.com license does not constitute copyright infringement and that the USER will not be constrained to suspend its activity as a result of third party claims.
3.2.3 – Ensure only the possibility of preparation of PRODUCTS according to USER information without any responsibility for its content or as to the purpose sought by the USER.


4 - PROTECTION OF INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1- 55 DIGITAL guarantees the provision of the services contracted for the operation of the www.Adsyeah.com system. PRODUCT liability and any and all content produced will be on the part of the USER, who will respond solely to third-party legal action against its product, whatever the reasons, and will bear the onus of incurred expenses as well as lawsuits and attorneys ' fees.
4.2. - 55 DIGITAL, in accordance with items 3.2.3 and 4.1, will not assume joint liability for any damage suffered by the USER and will not offer any guarantee of outcome intended by the USER with the use of the PRODUCTS.
4.3 - The USER guarantees the 55 DIGITAL that all material uploaded and placed on the PRODUCT is properly protected and have the express consent of the respective copyright holders for subsequent image as well as patents and its use does not constitute in violation of rights, and/or unfair competition, in accordance with the applicable legislation.
4.4 - The USER therefore acknowledges that any violation that may occur in this particular contract shall be the sole responsibility of the USER and will respond as a defendant in any court proceedings that may be initiated by a third party, without any doubt remaining with respect to this, bearing all the costs that ensue, including lawyers fees. In the case of non-compliance with the obligations set forth in this item, where 55 DIGITAL suffers and/or is involved in any application, complaint, lawsuit, claim, representation, processing, action, claim, loss, damage, injury, fine or penalty applied by either public authorities, or supervision of any kind, or other judicial or extrajudicial action or expedient, of whatever type, the USER will be responsible for paying any amounts arising from charges and/or applied to 55 DIGITAL, as well as for payment of attorney`s fees and other costs and expenses that may incur.
-In the case of the item above, the USER undertakes to appear before public authorities in order to take responsibility and require the deletion of 55 DIGITAL from processes and/or judicial or extrajudicial documents and corresponding files.
The USER will reimburse 55 DIGITAL and 55 DIGITAL may charge to the USER, regardless of the outcome of the judicial or administrative proceedings, the values that are spent by 55 DIGITAL, including with their representatives or lawyers, in addition to the judicial and administrative expenses and costs incurred, serving as a basis for the claims herein agreed for remuneration of lawyers and other costs advanced by 55 DIGITAL.
• The USER acknowledges that he has a password for access to and use of the resources that are available to him under this instrument, and, as such will keep the password confidential and will change it immediately if there is any suspicion of breach of security.
• By virtue of this instrument, 55 DIGITAL reserves the right of access to information about the user, including but not limited to the respective products, text, images and content uploaded, to meet and develop the demands of the


5 - DURATION AND TERMINATION
5.1- This Term of Commitment starts with the confirmation of acceptance of the PRODUCT by the USER on agreeing to the terms, completing the registration and terminates on the availability of the folder by the www.Adsyeah.com system.
5.2 - For the acquisition of new TEMPLATES to take effect, it is essential that the USER fulfills all the obligations of the previous contract provided for herein.
5.3 - Either party may terminate this agreement immediately, prior to conformation of acceptance of the product and provided that there is failure to comply with any clauses or conditions set forth herein and this practical failure cannot be remedied or the reason for continuation justified on condition that 55 DIGITAL is notified.
5.3.1 - The aforementioned notification shall be deemed to be received by 55 DIGITAL immediately on being sent by one of the corresponding media referred to in section 10.4. USER is committed to maintain its details updated in accordance with item 3.2, and the notification shall be deemed as received if 55 DIGITAL does not receive any confirmation of receipt within 24 (twenty four) hours.
5.4 - If an illicit act has been practiced by the USER, 55 DIGITAL reserves the right to suspend any USER'S access to the purchase of the product or library TEMPLATES, independent of any claim for compensation, of any type.
5.4.1- The item above may equally be applied if the 55DIGITAL, at its own discretion, concludes that the USER is involved in illegal activity of any kind which may prejudice the rights of 55 DIGITAL or third-party independently of any resulting claims on the part of the user, of any type.
5.5 - In any event of termination of the present Term of Commitment, invoked by the user or by fault of 55 DIGITAL, the conditions relating to copyright protection, warranties and liability, confidentiality and secrecy, remain intact and will be observed indefinitely.
5.6 – In the case where an interruption in service occurs because of failure of 55 DIGITAL, with exception to the conditions determined in the Ninth Clause, 55 DIGITAL undertakes to make the TEMPLATE available to the USER for 5 (five) working days.


6 – REMUNERATION AND COMMERCIAL CONDITIONS
6.1.- Payments will be made by the user in specific safe, reliable, external environment (https), and will be the responsibility of known, specialized companies consonant/according to the conditions chosen such as credit or debit card, or direct electronic payment (Multibanco).
• The price of the services provided by 55 DIGITAL is contained in the following
• Pack 1 - Free Promotional - Generates 1 (one) advertisement or high definition image, 1 remission of an ad/product by e-mail, right to use the image bank, Image Editor and DPI converter.
• Pack 2 - 6 Euros – Generates 2 (two) advertisement /pieces in high definition, 2 remissions of ad/product by email, right to use image bank, Image Editor and DPI converter.
• Pack 3 - 10 Euros - Generates 5 (five) advertisements/pieces in high definition, 5 ad/product remissions by email, reprint, right to use image bank, Image Editor and DPI converter.
6.2 - In case of cancellation by the USER at the end of the insertion of the content, by not agreeing to acquire the TEMPLATE, on its own initiative, or by disconnection from the system or due to any technical problem, 55 DIGITAL is exempt of obligation to deliver the product.


7 - WARRANTY AND RESPONSIBILITY
7.1 - The services provided by 55 DIGITAL and www.Adsyeah.com are provided in compliance with the conditions laid down herein, without any other express or implied warranties of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement. This agreement and its annexes do not guarantee that the USER'S online services will be uninterrupted and free of errors for an indeterminate period. The security mechanisms incorporated into www.Adsyeah.com have limitations and the USER must determine if www.Adsyeah.com meets its requirements properly, without claim of the contracted party to any other rights and guarantees other than those mentioned herein.
7.2 - 55 DIGITAL is responsible for the integrity of the www.Adsyeah.com in the terms laid down herein, and any defect, will simply imply the replacement or correction of the same within an undetermined period of reckoning;
7.3 - The USER agrees to protect and exempt 55 DIGITAL, and to compensate 55 DIGITAL, its controlling shareholders, subsidiaries, affiliates, officers, shareholders, employees and agents, for any moral or material damage suffered, but not limited to any complaint, claim or third-party intervention, of any judicial or extra judicial nature, including but not limited to any goods or services and their brands that are backed by legal protection in relation to intellectual and industrial property, and violation of privacy and images of people, data, and documents relating to the product, paying all expenses necessary for the defense of the interests of 55 DIGITAL including attorney fees.


8 – SECRECY AND CONFIDENTIALITY
8.1 - The parties agree to keep confidential any and all information received, necessary for the development of the service and may not give the same knowledge to third parties under any reason or argument unless previously authorized by the party which provided the information.
8.2 - 55 DIGITAL will keep information about the USER and the USER`S product on its servers, including but not limited to, that concerning registration of the account, and shall maintain secrecy of the same and will demand identical procedures from their employees, representatives and employees.
8.3 The terms and conditions contained in this instrument are strictly confidential and must not be revealed to third parties not directly involved in the operation described herein without the express prior written consent of the PARTIES, except in the case of a request from a competent authority.
8.4 Any and all information that deals with trade issues and research, know-how, products and technical specifications, financial and statistical data, terms of contracts, customer relationship and sales forecasting as well as any information arising from activities or brought to the attention of 55 DIGITAL during operation in process should be treated as confidential
8.5 55 DIGITAL should make use of the know-how and of the information available with the same degree of care and zeal with which it deals with its own confidential information, and shall take all the measures and precautions deemed necessary to protect and preserve the status of confidentiality referred to.
8.6 55 DIGITAL will be responsible for unauthorized disclosure of confidential information, whether on its own account or on behalf of any third parties who have access to such information.


9 - SERVICE LEVEL AGREEMENT
9.1 - From the premise that in providing services in the area of information technology there is no full guarantee (100%) of service level, the service level agreement or SLA (Service Level Agreement) for the purposes of this agreement refers to the level of technical performance of the service proposed by the 55 DIGITAL and ensures that such an agreement does not represent diminished responsibility of 55 DIGITAL but rather an indicator of technical excellence.
9.2 - Provided that the USER complies with the obligations and provisions in this agreement, 55 DIGITAL has technical resources to offer and maintain the operation of the services, subject to the following conditions:
a. Failure in the Connection (“LINK”) in the service provided by the telephone company is without fault;
b. Necessary interruptions for technical adjustments or maintenance will not be announced in advance and shall be undertaken preferably in nocturnal hours with low traffic in the virtual store.
c. Daily interruptions required for technical adjustments or maintenance, which will not be announced, may be carried out between the 10:00 pm and the 6:00 am.
d. Emergency measures will be undertaken to preserve the security of the site avoiding and ending the practice of "hackers" or to implement security fixes
e. Suspension of provision of the contracted services by determination of the competent authorities or by non-compliance with provisions of this agreement.
9.2.1 The temporary suspension of services due to any of the conditions listed in sub-clauses "a" through "e" above does not require 55 DIGITAL to provide the USER with the TEMPLATE and/ or MODEL. IMAGE BANK


10 – DISCLOSURE OF IMAGE IN THE IMAGE BANK
10.1 - Obligations of the Parties
For the purpose of definition, IMAGE refers to all forms of graphical projection, illustrative or simple photomechanical registration in painting, drawing, engraving or any visual way of expression of the idea and representation of something; that the DISCLOSING USER refers to all that you desire to send and make available such as photographic images and/or artistic works of his own authorship, among which are drawings and art of all visual forms offered on the website in question; and that the remaining images are already duly qualified in accordance with the initial terms of this contract.
The obligations of the DISCLOSING USER are as follows:
10.1.1 - Provide and maintain updated true information /documents of your personal data and/or your legal entity whenever requested by 55 DIGITAL. False information or the refusal to provide information on request gives 55 DIGITAL the right to cancel or suspend the services either partially or totally.
10.1.2 – Assume responsibility for the authorship of the image provided and information that you enter in this registration for use and disclosure by third parties, as well as all materials and information of any kind or origin, also extends to possible unlawful acts and omissions that occur relating to your image.
10.1.3 – Request the insertion of IMAGE, as well as its removal, observing in the latter case the minimum term of 5 (five) days for the implementation of this operation, in view of the time zones and internal procedures necessary to this end.
10.1.4- Be the responsible, real and true party for the production, reproduction and display of any intellectual works, images, own information or that from third parties which are on display as requested by the DISCLOSING USER. Insertion in this database requires mandatory messages in addition to, but is not limited to, those messages require d by the laws of each country in IMAGES and registry.
10.2 - In addition to others already mentioned, the obligations 55 DIGITAL are as follows:
10.2.1 - Maintain information about the DISCLOSING USER and their images on their servers, including but not limited to, references to the registry of the DISCLOSING USER, as well as those images on display and available to the entire network of computers through this site www.Adsyeah.com.
10.2.3 – Guarantee that only the insertion of the image and other information is in accordance with the information submitted by the DISCLOSING USER, without any responsibility for its content or as to the purpose sought by the DISCLOSING USER.
10.3 - Protection of Intellectual Rights
10.3.1 - 55 DIGITAL guarantees the provision of the services contracted for the operation of the www.Adsyeah.com system and that is the DISCLOSING USER is responsible for the image and any and all content produced by the DISCLOSING USER who will respond individually to third party judicial proceedings against the image submitted, whatever the reason, paying expenses incurred as well as lawsuits, attorneys and lawyers.
10.3.2 - 55 DIGITAL, in accordance with items 3.2.3 and 4.1, is not jointly responsible for any damages suffered by the DISCLOSING USER and will not offer any guarantee of outcome intended by the DISCLOSING USER in relation to the use and disclosure of the IMAGES produced.
10.3.3 - The DISCLOSING USER guarantees 55 DIGITAL that any image submitted, posted and made available to third parties is duly protected and has the express consent of the respective copyright holders and the use of the resulting image, as well as patents, does not constitute violation of rights and/or unfair competition in accordance with the applicable legal standard.
10.3.4 - The DISCLOSING USER, therefore, recognizes that any breach that may occur in this private contract shall be the sole responsibility DISCLOSING USER, who will assume the position of defendant in any court proceedings that may be initiated by a third party, without any question or doubt or digression regarding the payment of all the costs that ensue including the lawyers’s fees.
10.3.4.1 In the case of non-compliance with the obligations laid down in this item where 55 DIGITAL suffers and/or is involved in any application, complaint, lawsuit, claim, representation, process, action, claim, loss, damage, injury, fine or penalty applied by either public authorities, or supervision of any kind, or other judicial or extrajudicial action or expedient of any type whatsoever, the USER will be responsible for paying any amounts arising charged/applied to 55DIGITAL, as well as payment of attorney`s fees and other costs and expenses that may be incurred.
10.3.4.2 - In the case of the item above, the DISCLOSING USER undertakes to appear before the public authority in order to assume the relevant responsibility and require the deletion of 55 DIGITAL from processes and/or judicial or extrajudicial documents and corresponding files.
10.3.4.3 - The DISCLOSING USER will reimburse 55 DIGITAL and 55 DIGITAL may charge DISCLOSING USER, regardless of the outcome of the judicial or administrative proceedings, the values that are spent, including lawyers and agents, as well as judicial and administrative expenses and costs incurred, serving as a basis for the claims, herein agreed, for the remuneration of lawyers and representatives of 55 DIGITAL.
10.3.4.4 - The DISCLOSING USER acknowledges that he has a password for access to and use of the resources that are made available under this instrument, and thus should be kept confidential, and must change it immediately if you have any suspicion of breach of security.
10.4 - Duration, Maintenance and Removal of the Image
10.4.1 - This Term of Commitment has commences with confirmation of acceptance of remittance of an IMAGE by the DISCLOSING USER, after agreement of the terms and completion the registration.
10.4.2 – For a new IMAGE to be effectively accepted by the system, it is mandatory that the DISCLOSING USER fulfills the contractual conditions laid out previously herein.
10.4.3 - Either PARTIES may terminate this agreement immediately if there is failure to comply with any clause or condition set forth herein and this practical failure cannot be remedied or the reason for continuation justified on condition that 55 DIGITAL is notified.
10.4.3.1 - The aforementioned notification shall be deemed to be received by 55 DIGITAL immediately on being sent by one of the corresponding digitally certified media requesting the removal of the image from the image data base. The USER is committed to maintain its details updated in accordance with item 3.2, and the notification shall be deemed as received if 55 DIGITAL does not receive any confirmation of receipt within 24 (twenty four) hours.


11 - FINAL TERMS
11.1 – In contracting the services of 55 DIGITAL, you agree fully with the terms of this instrument and, furthermore, that the relationship started and access to www.Adsyeah.com is made in the character of test.
11.2 - 55 DIGITAL reserves the right to make modifications, additions or deletions, in whole or in part, and may at any time without the need for communication to the user make changes to the site at the address www.Adsyeah.com under the conditions laid down in this Term of Commitment.
11.3 - Any alterations to the conditions mentioned herein will be regarded as an act of mere tolerance and liberality, not entailing or being considered as a new obligation or amendment thereof, since such providence only has validity and will have permanent effects on the parties if it is sought through a specific instrument.
11.4 - All communications sent to the email address listed on the website www.Adsyeah.com will be considered received by the 55 DIGITAL. 55 DIGITAL will maintain contact with the USER only through the information informed in the register.
11.5 - Notwithstanding the conditions and penalties set forth in this instrument, neither party shall be deemed in default where the lack of well-defined requirements are not met for reasons arising from unforeseeable circumstances or events of force majeure as defined in Portuguese law, if the mentioned events do not exceed the period of 5 (five) days, in which this, by right, will be terminated and the parties who should bear the onus of their obligations until that moment.
11.6 – In the event of any case above mentioned, the wronged party shall inform each other within 5 (five) days of the occurrence of the event, stating the measures and the period needed for restoration and relevant normalization.
11.7 – This agreement is governed by and shall be construed in accordance with the laws of the city of Braga to resolve any question relating to this instrument with express waiver to any other.
11.8 - This Term of Commitment reflects the will of the PARTIES, superseding all other existing proposals that oblige the parties over time. The USER declares his agreement with present contract and agrees to proceed to the next step in the formation of the PRODUCT.


Acceptance of present agreement is manifested clearly, simply press the button "I agree to the terms of the contract", for the USER to proceed and perform the tasks necessary to acquire the desired formatted PRODUCT. PRIVACY POLICY PRIVACY AND DATA SECURITY POLICY OF adsyeah.com
This document is part of a set of actions that 55 DIGITAL established for the purpose of preserving the right to secrecy of identity of customers/users of adsyeah.com.
This privacy and data security policy of the adsyeah.com contains guidelines and information pertinent to how Cinco Cinco Web handles and protects the information registered by users, and 55 DIGITAL responsibility for the custody, protection and disclosure of such information which shall be governed by the conditions below.