OTG PRIVACY POLICY

 

UPDATED AND EFFECTIVE AS OF: JUNE 1, 2018

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY.
Your privacy is important to us and we encourage you to familiarize yourself with our privacy practices set forth herein.

 

This OTG Privacy Policy applies to information collected, used and maintained by OTG in conjunction with United’s Newark Terminal C Concessions Program (the “Concessions Program”).  By accessing or otherwise using the collection of software applications on this device or any website operated by use (collectively, the “Tablet Program”), you agree to be bound contractually by this Privacy Policy.  Your privacy is important to us and we encourage you to familiarize yourself with our privacy practices set forth herein.

 

The Tablet Program is not directed to children under the age of 13.  If you are under the age of 13, please do not provide any personal information while using the Tablet Program. 

1.              OUR COMMITMENT TO YOUR PRIVACY; RIGHT TO MODIFY.

(a)            Our Commitment to Privacy Protection. OTG Experience, LLC, a Delaware limited liability company (together with its affiliates, “OTG” and also referred to herein as “we”, “us”, “our” and similar terms), operates the Tablet Program. We regard the privacy and security of user information as a critical component of the services that we offer to our users in conjunction with the Concessions Program. The following information explains our information gathering and dissemination practices.

(b)           We Reserve the Right to Modify this Privacy Policy. We reserve the right to modify this Privacy Policy at any time by posting amended terms on the Tablet Program or otherwise notifying you of changes to this Privacy Policy. Your continued use after such amendment following the Effective Date indicates your acceptance of the amended Privacy Policy. You should check this Privacy Policy periodically for modifications by referencing the Effective Date posted above.  Unless stated otherwise, our current Privacy Policy applies to all Personally Identifiable Information that we have about you. Any changes that are made to this Privacy Policy will apply to both any Personally Identifiable Information that we hold prior to the Effective Date and any Personally Identifiable Information that we collect on or after such Effective Date.  However, we will not materially change our policies and practices to make them less protective of Personally Identifiable Information collected in the past without the consent of affected users.

(c)            Additional Consents. This Privacy Policy provides our general policies regarding the collection and use of Personally Identifiable Information.  If you wish to take part in certain products and services offered through the Tablet Program, at that time we may request specific permission to collect, use, and disclose Personally Identifiable Information about you in ways that are described in this Privacy Policy.  Typically, your permission is given by clicking a button or an icon to indicate your consent; you may opt out at any time.  If there is any inconsistency between the terms of this Privacy Policy and the consent that you give with respect to the collection, use, and disclosure of Personally Identifiable Information for a particular product or service, the terms of such consent will control.

(d)           By using the Tablet Program, you acknowledge that your information may be transferred to, processed and/or stored in the United States.

2.              COLLECTION AND USE OF INFORMATION.

(a)            Types and Sources of Personally Identifiable Information in General.  In order to place an order on our Tablet Program, you may be required to supply certain personal data, including but not limited to your name, email address phone number and Payment Card information (“Order Data”).  Please keep in mind that while we do not store your Payment Card information, a valid card swipe may be required to complete orders through the Tablet Program.  In addition, if you elect to scan your United Airlines (“United”) boarding pass, voluntarily provide us with your flight information by some other means including but not limited to the use of Bluetooth Low Energy, Near Field Communication or Radio-frequency Identification while using the Tablet Program, or choose to allow the Tablet Program to access your MileagePlus account while using the Tablet Program, we may offer you certain products and services and participation in certain programs based on personal account data associated with your United frequent flyer number (“United Account Data”).  Finally, in order for you to participate in certain programs or offers from this Tablet Program, we may require you to register with OTG and to provide registration data, including your name, country, zip code or postal code (as appropriate) and email address (“Registration Data”).  By providing Registration Data you acknowledge that you are submitting your information directly to OTG.

(b)           Personally Identifiable Information We Collect Directly from You. Personally identifiable information is any information that can be used to identify or contact you (“Personally Identifiable Information”).  Order Data, United Account Data and Registration Data will include Personally Identifiable Information.  We may build and store user profile preferences based on your use of the Tablet Program, including any transactions completed via Tablet Program (see the section below in this Policy called “What Personally Identifiable Information We Collect from United and Third Parties”).  Moreover, if you elect to scan your United boarding pass while using the Tablet Program or otherwise voluntarily provide us with your flight information by some other means including but not limited to the use of Bluetooth Low Energy, Near Field Communication or Radio-frequency Identification or choose to allow the Tablet Program to access your MileagePlus account while using the Tablet Program, we will create a user account for you for the purposes of the Concession Program based on your frequent flyer number and attribute any individually identifiable order behaviors to the account associated with your United frequent flyer number.

(i)             By providing Order Data, United Account Data and/or Registration Data, you agree to the collection and use of such data, including any Personally Identifiable Information contained therein, pursuant to the terms of this Privacy Policy.  Note that we will not collect any Personally Identifiable Information from you unless you voluntarily submit such information to us or allow us to obtain it from United by scanning your United boarding pass, voluntarily provide us with your flight information by some other means including but not limited to the use of Bluetooth Low Energy, Near Field Communication or Radio-frequency Identification while using the Tablet Program, or choose to allow the Tablet Program to access your MileagePlus account while using the Tablet Program.  Therefore, if you do not want us to obtain any Personally Identifiable Information about you, please do not voluntarily submit such information to us, scan your United boarding pass, voluntarily provide us with your flight information by some other means including but not limited to the use of Bluetooth Low Energy, Near Field Communication or Radio-frequency Identification while using the Tablet Program, or choose to allow the Tablet Program to access your MileagePlus account while using the Tablet Program. You do not have to provide us with any Personally Identifiable Information to use our Tablet Program.  However, if you choose to withhold requested information, you may not be able to make purchases, use or view certain sections of the Tablet Program, or receive certain product offers or services.

(ii)           If you place an order for products and services through the Tablet Program, a valid payment card or such other valid electronic payment method as we may permit from time to time (e.g., EMV chip cards and Near Field Communication payments) (as applicable, a “Payment Card”) will be required to complete the order.  While your Payment Card information could be considered Personally Identifiable Information, we do not collect or store Payment Card Data but rather use a third party payment processor. Your Payment Card information will be collected and stored by a third party provider of OTG who is responsible for processing your Payment Card information (e.g. MasterCard, Visa, Discover and American Express) and any other personally identifiable payment information in a secure manner.  The information collected for payment purposes, such as your credit card number and expiration date, are collected and may be stored by the third party payment processor.  OTG is not responsible for the information practices of this third party payment processor, and the third party processor’s use of your Personally Identifiable Information is governed by the payment processor’s own privacy policy, which may or may not contain privacy protections as protective as this Privacy Policy.

(iii)         If you submit Personally Identifiable Information, become a registered user and/or place orders for products and services through the Tablet Program, we may collect information about your use of the Tablet Program. This information may include, without limitation, the websites you visit while using the Tablet Program, items purchased through the Tablet Program, and the items viewed while browsing the Tablet Program.  If you elect to provide us with information regarding your United flight while using and accessing the Tablet Program, we may also build behavioral profiles by collecting aggregated data about the manner in which users travelling to that particular destination interact with the Tablet Program (for example, the types of products such users purchase through the Tablet Program).  Further, in the event you choose to communicate with us through email, text message, via the Tablet Program, via telephone, in writing, or through any other means, we may collect all or a portion of information in or about these communications.  To the extent that any such information gathered from or about these communications is Personally Identifiable Information, we will combine such information with information we receive from the Tablet Program and use all such information in accordance with this Privacy Policy.

(iv)          If you use the Tablet Program to take photos or videos of yourself, or to create or post text using any of the features of the Tablet Program, such images and content may identify you.  Such images and content are considered Personally Identifiable Information and will be used and disclosed by OTG in accordance with this Privacy Policy. 

(c)            What Personally Identifiable Information We Collect from United and Third Parties.  If you elect to scan your United boarding pass or otherwise voluntarily provide us with your flight information by some other means including but not limited to the use of Bluetooth Low Energy, Near Field Communication or Radio-frequency Identification or connect your MileagePlus account while using the Tablet Program, we will obtain certain information about you from United and may combine such information with information collected directly from you.  To the extent that you provide information directly to United, please note that their use of your personal information is governed by their privacy policy and not this Privacy Policy.

(d)           Social Media.  We may offer you the opportunity to engage with us through third-party social networking websites, plug-ins and applications. Through these platforms, you may allow us to access information associated with your social media account. We may use this information to confirm your identity and to personalize your experience on the Tablet Program.

(e)            How We May Use Personally Identifiable Information We Collect. In general, we use the Personally Identifiable Information collected through the Tablet Program to help us, other concessionaires participating in the Concession Program (including United), independent contractors, vendors, suppliers and certain other third party businesses which may provide services and products related to the Tablet Program or services and products offered thereon (collectively, “Outside Contactors”), process and/or fulfill orders for products and services placed on the Tablet Program, understand who uses the Tablet Program and how it is used, to personalize the user’s experience, to assist the user in using the Tablet Program and to improve the Tablet Program.  More specifically, we may use the Personally Identifiable Information collected through the Tablet Program for the following  purposes and for other similar purposes:

(i)             to establish and verify the identity of users;

(ii)           to respond to inquiries and fulfill your requests, including fulfilling orders placed on the Tablet Program, communicating with customers or Outside Contractors regarding such orders, and sending users electronic receipts of purchases (e.g., via email or text message);

(iii)         to promote products and services on our behalf and on behalf of Outside Contractors and business partners, including by sending promotional text messages (if you have consented to receive text messages) and emails on our behalf or on behalf of our business partners and Outside Contractors, which promotions may be targeted based on your use of the Tablet Program;

(iv)          to open, maintain, administer and service users’ accounts or memberships;

(v)           for our business purposes, such as data analysis, audits, developing new products, improving the Tablet Program, identifying usage trends, determining the effectiveness of promotional campaigns, and maintaining the security and integrity of our systems; and

(vi)          using information obtained from and after boarding pass scanning (or other means including but not limited to the use of Bluetooth Low Energy, Near Field Communication or Radio-frequency Identification) to personalize users’ experience, including, without limitation, collecting and storing order preferences and user information for future use (e.g., if you elect to scan your boarding pass or otherwise provide your flight information, we may create a user account based on your frequent flyer number and attribute any individually identifiable order behaviors to your particular account).  Further, if you elect to provide us with information regarding your flight while using and accessing the Tablet Program, we may build behavioral profiles by collecting aggregated data about the manner in which users travelling to that particular destination interact with the Tablet Program (for example, the types of products such users purchase through the Tablet Program).

3.              WAYS THAT WE MAY SHARE PERSONALLY IDENTIFIABLE INFORMATION WITH THIRD PARTIES.

(a)            General Overview.  By providing Personally Identifiable Information, you agree to the collection, use and sharing of such data pursuant to the terms of this Privacy Policy.  Your Personally Identifiable Information may be shared with United, other concessionaires participating in the Concessions Program, and Outside Contractors, as described in greater detail below.  

(b)           Disclosure to United.  We may share information obtained from and after boarding pass scanning (or other means including but not limited to the use of Bluetooth Low Energy, Near Field Communication or Radio-frequency Identification) with United, and we may allow United to use such data for use with other applications or services.  The data we share may include the type of Payment Card a user utilizes to pay for food or beverage products purchased through the Tablet Program.

(c)            Disclosure to Our Affiliates.  We may disclose Personally Identifiable Information contained in the Registration Data you provide to OTG to our Affiliates. For the purpose of this Privacy Policy, “Affiliates” means any person or entity which directly or indirectly controls, is controlled by or is under common control with us, whether by ownership or otherwise. Any information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with this Privacy Policy.   

(d)           Disclosure to Our Outside Contractors.  We may employ Outside Contractors to provide specific services and products related to the Tablet Program and services and products offered thereon, such as hosting and maintaining our message boards, developing applications for the Tablet Program, providing e-mail services, or payment processing and order fulfillment services. These Outside Contractors may sometimes have limited access to information collected on the Tablet Program, including your Personally Identifiable Information, in the course of providing products or services to you and/or us.  Access to your Personally Identifiable Information by these Outside Contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function.  We also require that these Outside Contractors (i) protect the privacy of your Personally Identifiable Information in a manner consistent with this Privacy Policy, and (ii) not use or disclose your Personally Identifiable Information for any purpose other than providing you and/or us with the products or services for which they are contracted.

(e)            Sharing of Aggregate Non-Identifiable Information.  Some of your information may be shared on an aggregate basis in non-identifiable form and as a part of a larger set of statistics (e.g., statistics that indicate the percentage of our members that are female), but that information will not be sufficient to permit the recipient to identify you.  For instance, we may provide aggregated information to third parties regarding the number of unique users who use the Tablet Program, the demographic breakdown of the users of the Tablet Program, or the activities that users of the Tablet Program engage in while using the Tablet Program.  The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), United, Outside Contractors, sponsors, licensees, researchers and other similar parties.

(f)            Disclosure in Limited Circumstances.  We may also use and disclose Personally Identifiable Information outside the normal use of the Tablet Program in the following limited circumstances: (i) if we are required to do so, (ii) if we have the good faith belief that such action is necessary (i.e., to comply with legal process served on us (e.g., to comply with a search warrant, subpoena or court order)), (iii) to respond to requests from public or government authorities, (iv) to protect the Tablet Program, such as in the event of an attempted breach of security, (v) to enforce our terms and conditions, or (vi) to protect you or the rights or property of another user of the Tablet Program.

(g)           Acquisition, Sale or Reorganization of Business.  As we continue to develop the Tablet Program and our businesses, we might acquire other business entities or assets or sell, license or transfer business entities or assets to third parties.  In such transactions, customer information generally is one of the assets acquired or transferred.  Also, in the event that all or substantially all of our assets are transferred, a merger, consolidation or reorganization, or a controlling interest in us is acquired, both Personally Identifiable Information and information that is not personally identifiable will be among the transferred assets.

4.              AUTOMATIC COLLECTION OF NON-PERSONALLY IDENTIFIABLE INFORMATION ON THE TABLET PROGRAM. When you use or access the Tablet Program, or become a registered user of the Tablet Program, we may also collect information such as demographic information (e.g., age, profession or gender) that is collected and used on an aggregated, de-identified basis (“Non-Personally Identifiable Information”).  Non-Personally Identifiable Information may also include certain anonymous information about the date and time you used the Tablet Program, the pages you accessed while using the Tablet Program, and the Internet addresses of the websites (e.g. URL, IP address), if any, you visited that were linked to the Tablet Program.

(a)            We use Non-Personally Identifiable Information to help us understand the characteristics of people who use the Tablet Program, and to improve and market the Tablet Program in general.  For instance, we may use Non-Personally Identifiable Information to store anonymous web and order data or associate certain order behaviors to specific flights based on our flight picker, namely, an aspect of the Tablet Program that enables a user to select the flight such user is taking in the near future. 

(b)           We also use the Non-Personally Identifiable Information collected automatically by our servers primarily to help us administer and improve the Tablet Program.  In the event that we link any Non-Personally Identifiable Information with Personally Identifiable Information, we will treat such information as Personally Identifiable Information and only use such information in accordance with this Privacy Policy.

5.              OPT-IN OR OPT-OUT OPTIONS.  If you provide contact information in your Registration Data while using the Tablet Program, we may use that information to communicate with you (e.g., send you a receipt or welcome email) in order to provide or offer services or confirm account data, user options and preferences.  We may send you electronic newsletters, information about services, news items that may be of interest to you, and provide you with targeted offers.  If you decide you no longer want to receive these communications from us, we will provide you with an option to “opt-out” and change your preferences.

6.              CONTACT US/REVIEW YOUR INFORMATION.  If you have submitted Personally Identifiable Information through the Tablet Program, or if someone else has submitted your Personally Identifiable Information, and you would like to review, request changes or have that information deleted from our databases, please contact us via e-mail or send a letter to our Privacy Compliance Coordinator at the address indicated below. We will then use reasonable efforts to change or remove your Personally Identifiable Information from our files, unless we are entitled or required to retain it. You may also contact us through either of the above methods to request or review the Personally Identifiable Information that we have collected about you. We will use reasonable efforts to supply you with this information and correct any factual inaccuracies in this information. Our contact information is as follows:

OTG EXPERIENCE, LLC
c/o OTG MANAGEMENT
1501 Lower State Road, Suite 102
North Wales, PA  19454

 

7.              COOKIES AND OTHER TECHNOLOGIES OF WHICH YOU SHOULD BE AWARE WHILE USING THE TABLET PROGRAM.

(a)            Cookies. Cookies are pieces of information that a website transfers to a device or a computer’s hard disk for record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a device or a user’s computer. Most internet browsers are initially set up to accept cookies.  We reserve the right to set up our devices and the Tablet Program to use or to allow the use of cookies.  Advertisers and other Outside Contractors that display ads on the Tablet Program may also use cookies, however, we do not have access to the information obtained from cookies issued from other sites.

(b)           IP Addresses.  IP addresses are used by a device or computer every time it is connected to the Internet.  The IP address is a number that is used by a device or computer on the network to identify that specific device or computer.  The IP addresses of each device we supply as part of the Tablet Program are automatically collected, primarily by third party internet site operators, as part of demographic and profile data known as “traffic data” so that data (such as the web pages you visit while using the Tablet Program) can be viewed by you.  We will not and cannot use our device IP addresses to attempt to identify your personal information.

(c)            Referrers.  A Referrer is information passed along by our web browser that references the Web URL from which you linked when visit websites using the Tablet Program, and it is automatically collected by third party web servers as “traffic data.” Third party internet site operators, including our Outside Contractors, may use this information to identify broad demographic trends and/or to provide information tailored to your interests or in connection with agreements that we may have with such Outside Contractors.  You will not be personally identified from this information.

(d)           System Information.  System information that we collect as part of “traffic data” includes time, the type of web browser being used, the operating system/platform, and CPU speed. This information is sent automatically by your web browser when you are connected to a website. We reserve the right to use this information for purposes of identifying broad demographic trends and may be used to provide information appropriate for your computer system. You will not be personally identified from this information.

8.              OTHER WEBSITES, LINKS, ADVERTISERS AND INTERNET PROVIDERS.  The Tablet Program contains links to other websites. We reserve the right to permit Outside Contractors, including advertisers, and other third parties participating in the Tablet Program to provide links to their websites, to link their websites to the Tablet Program or to offer Internet access. The privacy practices of Outside Contractors, advertisers and such other third parties are not covered by this Privacy Policy, and we are not responsible for the privacy practices or the content of the websites of such Outside Contractors, advertisers and other third parties.  For example, you may choose to use the Tablet Program to browse the Internet and such access may be provided by a third-party Internet provider.  If such Internet access is provided by a third-party Internet provider, we are not responsible for the collection, use, or disclosure of any information about you by such third-party Internet provider.  Additionally, if you make a purchase from a store or merchant listed on or linked to the Tablet Program, any information that you give, such as your Payment Card number and contact information, is provided to those merchants. These merchants and Outside Contractors have separate privacy and data collection practices, and we have no responsibility for these independent policies. You should be careful to review any privacy policies posted on any of these websites before signing up with and using them.

9.              INTERNET AND INFORMATION SECURITY ISSUES OF WHICH YOU SHOULD BE AWARE WHILE USING THE TABLET PROGRAM.

(a)            Information collected by the Tablet Program is stored in secure operating environments that are not available to the public. Our employees or Outside Contractors are required by us to maintain and uphold your privacy and security and are aware of our privacy and security policies and are required to abide by such policies in order to safeguard your information. We will also use reasonable efforts to safeguard the confidentiality of your Personally Identifiable Information (including Payment Card information).  Unfortunately, data transmissions made by means of the Internet cannot be made absolutely secure.  Please keep in mind that if you give out Personally Identifiable Information online, such information may be collected and used by unauthorized third parties.

(b)           ALTHOUGH WE STRIVE TO PROTECT YOUR PRIVACY, WE CANNOT GUARANTEE THE SECURITY OF INFORMATION YOU PROVIDE TO US. YOU DISCLOSE SUCH INFORMATION AT YOUR OWN RISK.  AS A RESULT, WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US, AND YOU DO SO AT YOUR OWN RISK.  FURTHER, WE WILL HAVE NO RESPONSIBILITY FOR DISCLOSURE OF INFORMATION DUE TO ERRORS IN TRANSMISSION OR UNAUTHORIZED ACTS OF THIRD PARTIES.

10.           PROTECTION OF CHILDREN’S PRIVACY RIGHTS.  The Tablet Program is directed toward and designed for use by persons aged thirteen (13) years or older.  IF YOU ARE UNDER THE AGE OF THIRTEEN (13), YOU CANNOT USE THE TABLET PROGRAM WITHOUT THE PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN.  Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors under 13 years of age.

11.           USE IN THE UNITED STATES AND CANADA.  The Tablet Program is controlled, operated and intended to be used from within the United States and Canada only. We make no representation that the Tablet Program is appropriate for use outside the United States or Canada, or that access to and use of the Tablet Program in accordance with this Privacy Policy complies with the laws of any other jurisdiction.  Those who choose to access or interact with the Tablet Program from outside the United States or Canada do so on their own will and are fully responsible for compliance with applicable laws.

12.           CONDITIONS OF USE.  If you choose to use the Tablet Program, your use and any dispute over privacy is subject to this Privacy Policy and our Terms and Conditions, including limitations on damages, resolution of disputes, and application of the law of the State of New York.


DMCA Notice

 

If you have a copyright infringement claim regarding any materials posted on the Tablet Program, you are directed to file a copyright infringement notice with us by sending a written communication that includes substantially the following information (please consult your attorney or review § 512(c)(3) of the United States Copyright Act to confirm the accuracy of these requirements):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.

 

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

 

(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

 

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Such written notice should be sent to our designated agent as follows:

 

DMCA Complaints

OTG EXPERIENCE, LLC
c/o OTG MANAGEMENT
1501 Lower State Road, Suite 102
North Wales, PA  19454

 

Please also note that under § 512(f) of the United States Copyright Act, any person who knowingly makes a material misrepresentation that activities or materials are infringing a copyright may be subject to liability.

 

 

 

 

 

Counter-Notification.

 

If you elect to send us a counter-notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your attorney or review § 512(g)(3) of the United States Copyright Act to confirm the accuracy of these requirements):

 

(A) A physical or electronic signature of the user.

 

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

 

(C) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

 

(D) The user’s name, address, and telephone number, and a statement that the user consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which we may be found, and that the user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

 

Such written notice should be sent to our designated agent as follows:

 

OTG EXPERIENCE, LLC
c/o OTG MANAGEMENT
1501 Lower State Road, Suite 102
North Wales, PA  19454

 

Please note that under Section 512(f) of the Copyright Act, any person who knowingly makes a material misrepresentation that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

 

Please also be advised that it is our policy to terminate users’ access to and use of the Tablet Program in appropriate circumstances, where such users are repeat copyright infringers.