Terms

by cute766

Terms of Service for Users

Last Updated: August 11th, 2020

cute766’S TERMS OF SERVICE ARE CHANGING. THE UPDATED TERMS OF SERVICE WILL BE EFFECTIVE JUNE 28TH, 2018. IF YOU USE OUR SERVICE AFTER THAT DATE, YOU ARE CONFIRMING THAT YOU HAVE READ AND AGREE TO THE UPDATED TERMS.

SEE THE PREVIOUS TERMS HERE.

Consent to Marketing

By accepting these terms as stated above, you hereby consent:

  1. To receive or continue to receive cute766 ApS and cute766 Inc’s e-mail newsletters including news on new features and new or updated publications.
  2. You may opt-out at any time using the opt-out button in the e-mails or by changing your accounts settings when logged in.

Eligibility and Assent to Terms

Welcome to cute766! The following Terms of Service for the cute766.info website, software applications made available by cute766 from the website or via a third party (“Software”), and any application programming interface (“API”) or other technology or services made available by cute766 via the website or Software (collectively, the “cute766 Service”) is a legal contract between you, either an individual of at least 13 years of age or a single legal entity (“You” or, collectively, “Users”), and cute766 regarding your use of the cute766 Service (“Terms”). The cute766 Service is not available to persons under the age of 13 or to any users previously removed from the cute766 Service by cute766. Also, if you are between age 13 and the age of majority in your jurisdiction your legal guardian must review and agree to these Terms.

These Terms provide that all disputes between you and cute766 will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the “Arbitration Agreement” section below for the details regarding your agreement to arbitrate any disputes with cute766.

YOU ACKNOWLEDGE THAT YOU (OR, IF THE USER IS BELOW THE AGE OF MAJORITY, YOU, AS LEGAL GUARDIAN OF THE USER) HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING ANY FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE cute766 SERVICE. IF YOU ARE USING OR OPENING AN ACCOUNT WITH cute766 ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “SUBSCRIBING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS AND AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.

BY CHECKING THE “I ACCEPT THE TERMS OF SERVICE” BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING ANY PORTION OF THE cute766 SERVICE, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS AND REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR JURISDICTION (OR, IF THE USER IS BETWEEN 13 AND THE AGE OF MAJORITY, YOU, ARE THE LEGAL GUARDIAN OF THE USER) AND HAVE NOT BEEN PREVIOUSLY REMOVED FROM THE cute766 SERVICE.

Important Note:These Terms contain a class action waiver, which affects your rights under these Terms and with respect to any dispute you may have with cute766. You may opt out of the class action waiver as provided below.

 Modification

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms on a going-forward basis at any time by posting the amended Terms on our website. Please check these Terms periodically for changes. We may provide additional notice, such as an email message or a message within the cute766 Service, of any material changes. Unless we state otherwise, changes are effective seven (7) days following the date posted on our website. If you continue to use the cute766 Service after the effective date, you agree to the changes. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time the dispute arose.

We may also change or discontinue the cute766 Service in whole or in part at any time, in our sole discretion. Such changes may include, but not be limited to, changes to the amount of storage space you have on the cute766 Service at any time. Your continued use of the cute766 Service indicates your agreement to the changes. If cute766 discontinues a Paid Service (as defined in Section 3(a) below), cute766 may either (a) provide a pro-rata refund of fees you pre-paid for such Paid Service or (b) continue to provide such Paid Service to you until the end of your then-current subscription for such Paid Service.

 Additional Terms

Your use of the cute766 Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the cute766 Service or certain features of the cute766 Service that we may post on or link to on the cute766 Service (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the cute766 Service, subject to Section 1. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

 Fees and Payment

  1. Paid Services. Some portions of the cute766 Service may have fees associated with them (each, a “Paid Service”). You will have the opportunity to review and accept the fees that you will be charged before using a Paid Service. We may change fees for any portion of the cute766 Service at any time. Unless otherwise stated, all fees are quoted in U.S. Dollars. One such Paid Service may be cute766’s Digital Sales Feature, further described in Section 5(f) below.
  2. Free Trial. cute766 may make available a 14-day trial for a Paid Service without charge to you (“Free Trial”). You may be required to enter a Payment Method (defined below) in order to register for a Free Trial. The applicable Paid Service will automatically commence, and your Payment Method will be charged in accordance with Section 3(d), at the end of the Free Trial unless you log into your cute766 account and cancel the Paid Service before the end of the Free Trial.
  3. Payment Information. You are solely responsible for paying all fees and applicable taxes associated with your cute766 Service account in a timely manner with a valid payment method. By electing to purchase or otherwise use a Paid Service, you authorize cute766 or its third party payment processors to charge the credit card or other payment method identified by you (“Payment Method”), which you represent and warrant that you are authorized to use, all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service on the date that you make the purchase.
  4. Subscriptions. For purchases of subscriptions to Paid Services:
    1. Your “Subscription Billing Date” is the date when you purchase your first subscription to a Paid Service. For example, if you purchase your first subscription to a Paid Service on January 10th: (1) your Subscription Billing Date for your first monthly subscription and all other monthly subscriptions you purchase is the 10th of each month, (2) your Subscription Billing Date for your first annual subscription is January 10th of each year, and (3) your Subscription Billing Date for all subsequent purchases of annual subscriptions will be the next soonest 10th monthly calendar day after your date of purchase. Your Payment Method will be charged automatically on the Subscription Billing Date all applicable fees for the next month or year, as applicable.
    2. For any subscription to a Paid Service that you purchase after your Subscription Billing Date is established, your Payment Method will first be charged a pro-rata amount of the subscription fee for the number of days between the purchase date and the applicable Subscription Billing Date. Your Payment Method will then be charged the full periodic subscription fee for the next month or year, as applicable, on each Subscription Billing Date thereafter (or on the last day of the calendar month, if the last day of the calendar month occurs before the Subscription Billing Date for that month).
  5. Termination of Subscriptions. For any subscription to a Paid Service, that subscription 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 of the next period’s (i.e., month’s or year’s) subscription fees to your Payment Method. We will bill the periodic subscription fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
  6. Third Parties and Fee Collection. You acknowledge and agree that any credit card and related billing and payment information that you provide to cute766 may be shared by cute766 with companies who work on cute766’s behalf, such as payment processors or credit agencies, solely for the purpose of checking credit, effecting payment to cute766 and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If your Payment Method for any Paid Service fails or your account is past due, (i) you agree to pay all amounts due on your cute766 account upon demand, (ii) cute766 may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (iii) cute766 reserves the right to either suspend or terminate your access to one or more cute766 Services or your account with cute766. Upon any such termination, you will remain obligated to pay all outstanding fees and charges relating to your account and your use of the cute766 Service before termination.
  7. Refunds. Any fees charged to your account are non-refundable except as expressly stated in these Terms. If you or we cancel your subscription, you are not entitled to a refund of any subscription fees that were already charged for a subscription period that has already begun. You agree to submit any dispute regarding any charge to your account in writing to cute766 within thirty (30) days of the charge, otherwise that dispute will be waived and the charge will be final and not subject to challenge. Refunds (if any) made pursuant to a dispute, are at the discretion of cute766.
  8. Taxes. You are responsible for paying any governmental taxes imposed on your use of the cute766 Services, including sales, use, or value added taxes. If requested, you will promptly furnish to cute766 the applicable receipts or certificates regarding such remittances as soon as reasonably practicable. To the extent that cute766 is obligated to collect such taxes, cute766 will charge your Payment Method or otherwise add the applicable to your billing account.

 User Accounts

You may browse the cute766.info website without creating an account, subject to these Terms. In order to use the full features of the cute766 Service, you must register for an account or log into the cute766 Service using your Facebook login or login to another third party social media platform that we support (“Integrated Service”). Your use of any account with an Integrated Service is subject to any terms, conditions, and policies, including privacy policies, of that Integrated Service. When you use the cute766 Service to upload, download, or purchase content or any products, services, or information from cute766, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to cute766 on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you must immediately notify cute766. You are solely liable for the losses incurred by cute766 or others due to any unauthorized use of your cute766 Service account.

 Permission to Use cute766 Service

  1. Definitions. As used in these Terms: (i) “Published Content” means digital assets uploaded and published on the cute766 Service; (ii) “Pre-Publication Assets” means raw editorial content (e.g., text, images, layout information) uploaded to the cute766 Service; and (iii) “User Submissions” means Published Content and Pre-Publication Assets, collectively.
  2. License. Subject to your compliance with the terms and conditions set out in these Terms, cute766 hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to: (i) use the cute766 Service to view, use and access User Submissions and other content made available via the cute766 Service; (ii) participate in any other programs, services, or features of the cute766 Service now or hereafter made available by cute766, including uploading of your User Submissions; (iii) download and install Software on the hardware for which the Software was created solely to exercise the rights granted in these Terms; and (iv) implement any API made available by cute766 solely in accordance with that API’s documentation. Your use of the cute766 Service must be for personal, non-commercial use only, except that Users who are commercial entities, government entities, or non-profit entities may use the cute766 Service to make their Published Content available on the cute766 Service, use the Service to collaborate on Pre-Publication Assets, or to integrate the cute766 Service with the User’s website. For the avoidance of doubt, you are not entitled to any compensation from cute766 for any reason, including but not limited to for User Submissions, unless otherwise specifically agreed in writing by cute766.
  3. Restrictions. You agree not to use or launch any automated system, including without limitation “robots,” “spiders,” and “offline readers,” that accesses the cute766 Service in a manner that sends more request messages to the cute766 Service in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise use the cute766 Service to collect or harvest any personally identifiable information or any data regarding activities on or usage of the cute766 Site.
  4. API. You also agree that for any API made available by cute766: (i) cute766 makes no representations or warranties whatsoever regarding any API or any quality of service available via any API; (ii) cute766 may restrict usage limits; (iii) you will not modify any content accessed via that API; (iv) cute766 may terminate or deprecate any service or functionality available via an API at any time without notice or liability; and (v) use of some APIs may require obtaining an API key from cute766, and cute766 may disable any key at any time without notice or liability.
  5. Privacy. If you are a commercial entity, government entity, or non-profit entity, you must post, and if your network includes third party sites or apps then you will contractually require such third parties to post, a privacy policy on each site, application or service that discloses the collection and use of your users’ data by third parties.
  6. Digital Sales. cute766 may offer a feature that allows a publisher to provide limited access to a select group of readers or subscribers to User Submissions that you submit (the “Digital Sales Feature”).
    1. Publisher terms. If you are a publisher providing such a customer access to your publication(s) via the Digital Sales Feature, in addition to the terms set forth below, you agree (a) the terms of the customer’s access to and use of such publication between the customer and you shall not contradict these Terms or impose any obligations or liability on cute766; and (b) you shall indemnify and hold cute766 harmless from and against any third party claim arising out of or related to the Digital Sales Feature, including but not limited to any claim that your publication infringes the intellectual property rights or other rights of any third party. Without limiting any other of your obligations under these Terms, as a publisher you agree that your use of the Digital Sales Feature will be subject to (a) the terms of Appendix 1 hereto, (b) a valid user agreement between you and such readers and subscribers and (c) all applicable laws and regulations.
    2. Customer terms. If you are a customer of the Digital Sales Feature (i.e., a reader who purchases access to a third party publisher’s publication via cute766), you agree (a) to comply with the publisher’s terms regarding access to and use of such publication; and (b) to not make any claim against cute766 or hold cute766 liable in any way for your access and use of, or inability to access and use, such publication.
  7. Reservation of Rights. cute766 reserves all rights not expressly granted in these Terms. You acknowledge that cute766 may automatically issue upgraded versions of the software and systems comprising the cute766 Service and, accordingly, may upgrade the version of the cute766 Service that you are using. cute766 reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the cute766 Service, including technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

 User Submissions

  1. Pre-Publication Assets. By uploading Pre-Publication Assets to the cute766 Service, you hereby grant to cute766 a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, store, transfer, display, perform, reproduce, and distribute your Pre-Publication Assets on the cute766 Service solely in order to enable you, and other Users specified by you, to work with those Pre-Publication Assets in the manner selected by you. You may invite non-Users to collaborate on Pre-Publication Assets, but in order to access the Pre-Publication Assets on the Service, each individual will be required to accept these Terms.
  2. Published Content. By uploading Published Content to the cute766 Service, you hereby grant to cute766 a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise use your Published Content, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Published Content through the cute766 Service. This license includes, for example, the right of cute766 to engage a partner to distribute Published Content, whether or not such partner identifies cute766 as a partner, to such partner’s customer base on a free or paid basis. This license also includes the right for cute766 to convert your Published Content to cute766’s proprietary format, or such other file formats as may be used by cute766, and to display and make your Published Content available, in whole or in part (including excerpts), on the cute766 Service in association with other Published Content, content or advertising. Subject to the license grant to other Users below, the license granted by you to cute766 in this paragraph terminates as to a specific Published Content once you remove or delete such Published Content from the cute766 Service.
  3. Representations. You are solely responsible for all of your User Submissions and you hereby recognize and affirm that the cute766 Service is merely providing you the means to collaborate on and make available your User Submissions. Accordingly, you shall be solely responsible for each of your User Submissions and the consequences of uploading them. By uploading your User Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize cute766 and cute766’s Users to use and distribute your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by cute766 and these Terms; (2) your User Submissions do 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 (ii) your User Submissions do 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 the cute766 Service. Violators of these third-party rights may be subject to criminal and civil liability. cute766 reserves all rights and remedies against any Users who violate these Terms.
  4. Removal of User Submissions. Although cute766 has no obligation to remove, screen, edit, or monitor any Published Content, cute766 reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Submission at any time and for any reason without notice. In addition, although cute766 has no obligation to remove, screen, edit, or monitor any Pre-Publication Assets, cute766 reserves the right, and has absolute discretion, to remove, screen, edit, or disable any Pre-Publication Asset at any time and for any reason.
  5. No Endorsement. Further, you understand that when using the cute766 Service you will be exposed to Published Content from a variety of sources, and that cute766 is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such Published Content. You further understand and acknowledge that you may be exposed to Published Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against cute766 with respect thereto. cute766 does not endorse any User Submissions or any opinion, recommendation or advice expressed in any User Submission, and cute766 expressly disclaims any and all liability in connection with User Submissions. If notified by a User or a content owner of a User Submission that allegedly does not conform to these Terms, cute766 may investigate the allegation and determine in its sole discretion whether to remove the User Submission, which it reserves the right to in accordance with these Terms. For clarity, cute766 does not permit copyright infringing activities on the cute766 Service.
  6. Referral Partners. cute766 may as part of the cute766 Service allow you to enable certain third parties such as printing houses that have contracted with cute766 (each, a “Referral Partner”) to upload User Submissions on your behalf. If a Referral Partner refers you to cute766, and you wish to allow such Referral Partner to upload your User Submissions, in addition to agreeing to these Terms you will be required to opt-in and agree to additional terms (via a separate sign-in process) to allow cute766 to provide to such Referral Partner certain information which may include but not be limited to your API upload key, your Customer ID and other relevant information. Without limiting any other provision in these Terms, you understand and agree that cute766 shall have no responsibility for the content or quality of any User Submission provided by a Referral Partner. You must provide to cute766 at least thirty (30) days’ prior written notice if you wish to remove a Referral Partner from your account.

 Prohibited Conduct

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

  1. use the cute766 Service for any purpose other than to disseminate or receive original or appropriately licensed content and to access the cute766 Service as such services are offered by cute766;
  2. delete the copyright or other proprietary rights markings on the cute766 Service or other Users’ User Submissions;
  3. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the cute766 Service. 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;
  4. use the cute766 Service 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;
  5. defame, harass, abuse, threaten or defraud Users of the cute766 Service, or post, upload, or distribute any content 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 the cute766 Service for any commercial use, it being understood that the content available on the cute766 Service is for personal, non-commercial use only;
  6. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in these Terms or any Materials (as defined below);
  7. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the cute766 Service accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the cute766 Service, or perform any other similar fraudulent activity;
  8. hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the cute766 Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the cute766 Service, or features that enforce limitations on the use of the cute766 Service or User Submissions, or intentionally interfere with or damage operation of the cute766 Service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
  9. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the cute766 Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
  10. modify, adapt, translate or create derivative works based upon the cute766 Service or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or applicable law notwithstanding this limitation; or
  11. remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), cute766 brand elements, including logos, trademarks, service marks or other Materials displayed by cute766 in connection with the cute766 Service in any manner whatsoever, regardless of your use of the embedding functionality of the cute766 Service to display authorized content on your or other third party sites.

 Digital Millennium Copyright Act

It is cute766’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to cute766’s DMCA Guidelines. cute766 may terminate without notice any User’s access to the cute766 Service if that User is determined by cute766 to be a “repeat infringer.” A repeat infringer is a User who has been notified by cute766 of infringing activity violations more than twice or who has had a User Submission or any other user-submitted content removed from the cute766 Service more than twice.

 Document Promotion

  1. cute766 may provide you the opportunity to promote your Published Content (“Promoted Documents”). A “Promotion” is Published Content consisting of information about a Promoted Document created in part by you and in part by automated means. Each Promotion consists of a title, body text, and a thumbnail. The thumbnail is automatically created from the Promoted Document. The title and body text is entered by you. cute766 reserves the right to change how Promotions are created without notice.
  2. Your Promotion will automatically be placed based upon the targeting parameters and maximum auction bid price specified by you, but cute766 does not make any representation, warranty, or other commitment of any kind regarding Promotions, including placement or bid price.
  3. In addition to the representations and warranties you make above with respect to your Promoted Documents as User Submissions, you also represent and warrant with respect to each of your Promotions that:
    1. your Promotions adhere to community standards of decency and good taste, and comply with the United States Federal Trade Commission’s “Guidelines Concerning the Use of Endorsements and Testimonials in Advertising,” 16 CFR Part 255 or equivalent legislation in effect;
    2. all statements contained in your Promotions are true, accurate and non-misleading;
    3. you will disclose clearly and conspicuously that you have been paid or provided benefits with your Promotions and Promoted Documents if that is the case;
    4. your Promotions and Promoted Documents do not include any personally identifiable information of third parties without such party’s permission;
    5. neither the title nor body text in any Promotion contain a URL;
    6. the title and body text in your Promotions accurately describe or indicate the content in the Promoted Document;
    7. your Promotions do not contain content that infringes upon the rights of any third party, including its copyrights, trademarks, privacy, or publicity rights;
    8. the title and body text in your Promotions do not reference cute766 and do not utilize any logos or trademarks of cute766;
    9. the title and body text in your Promotions do not contain false, misleading, fraudulent, deceptive, inaccurate or unsubstantiated claims;
    10. your Promotions comply with any and all codes, laws, and regulations regarding advertising or promotion in your locality or otherwise applicable to your Promotions;
    11. your Promotions do not insult, threaten or harass any person; and
    12. your Promotions do not contain: (A) offensive, profane, obscene, vulgar or inappropriate language, including language describing in a negative way or attacking persons (either as a group or individually) on the basis of their race, nationality, religion, gender, or sexual orientation or any other hate speech or terroristic speech; (B) obscene, defamatory or libelous content; (C) unlawful content, including content that encourages unlawful activity; (D) sexually explicit or sexually suggestive content, including pornographic material, “adult friend finders” or dating sites with a sexual emphasis, “adult” toys or sexually explicit videos; or (E) advertisements for any of the following: alcoholic beverages, contests, raffles, or sweepstakes (please obtain written permission from cute766 before promoting contents, raffles, or sweepstakes on cute766), firearms (including “bb” guns and paintball guns) or related products, including ammunition for such firearms, gambling websites, including online casinos and sports “books”, surveillance equipment, including “spy” cameras and “bugging” devices, tobacco products, or weapons of any kind.
  4. cute766 may reject, refuse to publish, or remove from the cute766 Service any Promotion or Promoted Document at any time for any reason, including failure to comply with these Terms or if, in cute766’s sole discretion, cute766 determines that the business model, business practice, or service promoted by the Promotion or the Promoted Document is inappropriate or contrary to the letter or spirit of these Terms. Such prohibited business practices include chain letters, fraudulent or bad-faith “get-rich-quick” or “work from home” schemes, fraudulent or bad-faith web-based colleges or universities, fraudulent or misleading subscription services, pharmaceutical products, pyramid schemes, and sites that install malware, spyware or other software on users’ computers without their permission.

 Third Party Software; Integrated Services and Linked Sites

  1. Third party software may be required to use some portions of the Service (e.g., Adobe Acrobat, Adobe InDesign). You are solely responsible for obtaining licenses to any third party software that may be required to use the Service, and your installation and use of any third party software is solely at your own risk. In addition, you are solely responsible for all fees charged by any third party in connection with your use of the Service (e.g., charges by mobile carriers).
  2. cute766 may provide tools through the cute766 Service that enable you to export information to Integrated Services, including through features that allow you to link your cute766 account with an account on the Integrated Service, such as Facebook or Twitter, or through implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer that information to the applicable Integrated Service. In addition, the cute766 Service may include links or references to other web sites or services solely as a convenience to Users (“Linked Sites”). cute766 does not endorse any such Integrated Services or Linked Sites or the information, materials, products, or services contained on or accessible through any of them. Such third party sites and services are not under cute766’s control, and cute766 is not responsible for their use of exported information. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the cute766 Service are also solely between you and such advertiser. Access and use of Integrated Services and Linked Sites, including the information, materials, products, and services on or available through them, is solely at your own risk.

 Special Terms Regarding Apple

If you download Software from Apple, Inc.’s App Store, you acknowledge and agree that: (a) if any third party claims that your possession or use of the Software infringes a third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim; (b) Apple has no responsibility for addressing any claims relating to the Software, including: (i) product liability claims; (ii) maintenance and support; (iii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iv) any claim arising under consumer protection or similar legislation; and (c) Apple and its subsidiaries are intended third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

 Termination; Violations

  1. Except as expressly provided otherwise in these Terms, you agree that cute766, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the cute766 Service and remove and discard all or any part of your account, User profile, and any User Submission, for any reason at any time. cute766 may also in its sole discretion and at any time discontinue providing access to the cute766 Service, or any part thereof, with or without notice. You agree that any termination of your access to the cute766 Service or any account you may have or portion thereof may be effected without prior notice except as expressly provided otherwise in these Terms, and you agree that cute766 will not be liable to you or any third party for any such termination, including any loss of your User Submissions. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies cute766 may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the cute766 Service, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with: (i) the cute766 Service; (ii) any term of these Terms; (iii) any policy or practice of cute766 in operating the cute766 Service; or (iv) any content or information transmitted through the cute766 Service, is to terminate these Terms and your account.
  2. You may cancel a Paid Service at any time by navigating to your account settings within the cute766 Service and selecting the option to cancel that Paid Service. Unused fees are non-refundable and cute766 reserves the right to charge you subscription fees through the end of the subscription term that you elected. If cute766 charges you fees for the full subscription term, you will continue to have access to the cancelled Paid Service through the end of your subscription term, and these Terms will continue to apply to your use of that Paid Service.
  3. You may terminate your cute766 Service account and these Terms at any time by navigating to your account settings within the cute766 Service and selecting the option to terminate your account. If cute766 terminates your account for your breach of these Terms, cute766 reserves the right to charge you fees through the end of your subscription term for any Paid Service you purchased prior to termination. If cute766 terminates your use of any part or all of the cute766 Service prior to the completion of your subscription period (except if such termination is a result of your breach of these Terms, in which case cute766 may terminate without liability as described in the paragraph above), your sole remedy is a pro-rata refund of the purchase price paid for any terminated Paid Service.

 Privacy; Consent to Electronic Communications

  1. Your privacy is important to cute766. cute766’s Privacy Policy is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to cute766’s collection, use, and disclosure of your personal information.
  2. By registering for an cute766 Service account, you consent to receiving certain electronic communications regarding the cute766 Service from us as further described in our Privacy Policy. In addition, when you register for an account, you are automatically opted-in to receive commercial email from cute766, which may include newsletters, announcements, and recommendations. You may opt-out of commercial email (but not system administration communications) at any time by following the instructions contained within the email, or by changing the notification settings from the “Account Settings” menu in your account. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 Ownership; Proprietary Rights

The cute766 Service is owned and operated by cute766. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the cute766 Service provided by cute766 (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Submissions that are provided and owned by Users, all Materials contained on the cute766 Service are the property of cute766 or its subsidiaries or affiliated companies or third-party licensors. All trademarks, service marks, and trade names are proprietary to cute766 or its affiliates or third-party licensors. Except as expressly authorized by cute766, 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 the Materials. cute766 reserves all rights not expressly granted in these Terms.

 Indemnification

You agree to indemnify cute766, 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 the cute766 Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you in these Terms. cute766 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify cute766, and you agree to cooperate with cute766’s defense of these claims. Upon notice of any impending claim, action or proceeding, cute766 will use reasonable efforts to notify of any indemnification obligation.

 Disclaimer of Warranties

cute766, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM cute766 OR THROUGH THE cute766 SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES cute766’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE cute766 SERVICE IS AT YOUR SOLE RISK. THE cute766 SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER SUBMISSIONS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE cute766 SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. cute766, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER SUBMISSIONS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE cute766 SERVICE OR ANY LINKED SITES WILL BE SECURE, UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. cute766, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE cute766 SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE cute766 SERVICE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE A RESIDENT OF NEW JERSEY, SUCH LAWS MAY INCLUDE NEW JERSEY’S TRUTH AND CONSUMER CONTRACT WARRANTY AND NOTICE ACT.

 Limitation of Liability and Damages

  1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL cute766 OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE cute766 SERVICE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH cute766 OR OTHER cute766 SERVICE USERS, EVEN IF cute766 OR AN cute766 AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, cute766’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL cute766 OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE cute766 SERVICE OR YOUR INTERACTIONS WITH cute766 OR OTHER cute766 SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE cute766 SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN cute766 AND RECEIVED THROUGH OR ADVERTISED ON THE cute766 SERVICE OR RECEIVED THROUGH ANY LINKED SITES.

  2. YOU ACKNOWLEDGE AND AGREE THAT cute766 HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND cute766, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND cute766. cute766 WOULD NOT BE ABLE TO PROVIDE THE cute766 SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

  3. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

 United States Export Controls

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms are contingent on your compliance with this provision.

 Arbitration Agreement; Class Action Waiver; Governing Law

  1. Generally. In the interest of resolving disputes between you and cute766 in the most expedient and cost effective manner, you and cute766 agree that any and all disputes arising in connection with this Agreement will be resolved by binding arbitration. 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. 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. You understand and agree that, by entering into these Terms, you and cute766 are each waiving the right to a trial by jury or to participate in a class action.
  2. Exceptions. You and cute766 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.
  3. Arbitration. Any arbitration between you and cute766 will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting cute766.
  4. Arbitration Notice; Process. If you elect to seek arbitration, you must first send to cute766, by certified mail or FedEx (signature required), a written notice of your claim addressed to: Legal Dept., cute766, 131 Lytton Ave, Palo Alto, CA 94301, USA. If cute766 elects to seek arbitration, it will send a written notice to the email address you provided to cute766 for your account. An arbitration notice, whether sent by you or by cute766, must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. You and cute766 each agree to use good faith efforts to directly resolve any claim, but if we do not reach an agreement to resolve the claim within 30 days after the notice is received, you or cute766 may commence an arbitration proceeding or file a claim in small claims court. During any arbitration, the amount of any settlement offer made by cute766 or you must not be disclosed to the arbitrator. You may download or copy a form notice and a form to initiate arbitration at www.adr.org. If our dispute is finally resolved through arbitration in your favor, cute766 will pay you: (A) the amount awarded by the arbitrator, if any; (B) the last written settlement amount offered by cute766 in settlement of the dispute prior to the arbitrator’s award; or (C) $1,000, whichever is highest.
  5. Fees. If you commence arbitration in accordance with these Terms, cute766 will reimburse you for your payment of the filing fee unless your claim is for greater than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in the city of your billing address provided to cute766 as part of your account registration, or, if no city was provided, in the AAA office nearest to you, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse cute766 for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
  6. Modifications. If cute766 makes any future change to this arbitration provision (other than a change to cute766’s address for notice), you may reject the change by sending us written notice within 30 days of cute766’s notice to you of the change, in which case your account with cute766 will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
  7. No Class Actions. YOU AND cute766 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. Further, unless both you and cute766 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 cute766 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 cute766. Any opt-out request received after the Opt-Out Deadline will not be valid. Neither you, nor any other user of the cute766 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.
  8. Enforceability. If any or all of this arbitration agreement provision is found to be unenforceable, then the entirety of this arbitration agreement provision will be void and, in that case, you and cute766 both agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Terms.
  9. Governing Law; Venue. These Terms and any action arising out of these Terms or your use of the Service, 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. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and cute766 agree to the personal and exclusive jurisdiction in the state and federal courts in San Francisco, California.

 Government Terms

If you use the cute766 Service in an official capacity for a federal, state or local government or government agency in the United States, the following modifications of these Terms apply solely to that official use:

  1. Indemnification. The terms of Section 15 will apply to you only to the extent expressly permitted by your jurisdiction’s laws.
  2. Arbitration. The terms of Section 19(a) – (h) do not apply to your official use of the Service.
  3. Governing Law. The terms of Section 19(i) will apply only to the extent expressly permitted by your jurisdiction’s laws.

 Miscellaneous

  1. The failure of cute766 to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by cute766. If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by cute766 without restriction. Any assignment attempted to be made in violation of these Terms shall be void. The use of the word “included” is intended to mean “included but not limited to” unless expressly stated otherwise. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including Sections 1 through 3 and 11 through 20. Heading references are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. These Terms, together with the Privacy Policy and any other agreements incorporated by reference, are the entire agreement between you and cute766 relating to the subject matter described in these Terms and will not be modified except in writing, signed by both parties, or by a change to these Terms made by cute766 as set forth above.
  2. YOU AND cute766 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE cute766 SERVICE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Contact information:

cute766, Inc. 131 Lytton Ave Palo Alto, CA 94301 USA

[email protected]

Appendix 1 – cute766 Digital Sales Terms

cute766’s Digital Sales service (“Digital Sales”) is intended for publishers who wish to charge a fee to consumers of their User Submissions (also referred to herein as “Publications”) via the cute766 Service (“End Users”). Your use of Digital Sales is subject to these cute766 Digital Sales Terms (the “Digital Sales Terms”) any and all additional terms, policies, rules, or guidelines applicable to Digital Sales or certain features of Digital Sales that we may post on or link to on the cute766 Service. These Digital Sales Terms are Additional Terms as defined in cute766’s Terms of Service, currently located at https://cute766.info/legal/terms (the “Terms of Service” or “TOS”). All capitalized terms used in these Digital Sales Terms and not defined herein shall have the definition set forth in the TOS.

 Paid Purchases

Access to your Publications for which you charge End Users a fee is referred to in these Digital Sales Terms as a “Paid Purchase.” A Paid Purchase may be a purchase of a single edition of a Publication or a subscription to a Publication (a “Paid Subscription”). It is your responsibility to set the terms of Paid Purchases, such as duration, price, etc., and to contract directly with End Users regarding such terms via an enforceable agreement (“End User Agreement”). You understand and agree that all End Users must have an active and valid account to use the cute766 Service; your agreement with End Users shall require the End User to confirm that and shall not modify or effect in any way the End User’s account with cute766.

 Pricing, Delivery and Updates

You are solely responsible for setting the price of a Paid Purchase. You will be required to permit End Users to access a free preview of your Publications. After a Paid Purchase for a Publication is purchased by an End User, you may delete the preview and suspend the Paid Purchase, however, cute766 may, in its discretion, continue to serve the content of the Paid Purchase for up to one (1) year and following such time may provide such content to the End User in pdf or other static format. You may re-upload a Publication that has been removed or update an existing Publication (such re-load or update is referred to as an “Update”). Any Update you provide may be provided without notice to End Users with existing Paid Purchases. If you do not want End Users with existing Paid Purchases to receive an Update, you must to upload the Update as a new, separate and distinct file and not as an update to a file for an existing Publication.

 cute766 Fee

You shall pay to cute766 a fee for each Paid Purchase as set forth in these Digital Sales Terms (the “cute766 Fee”). As Digital Sales is currently structured, the cute766 Fee will be paid via the process described in Section 4 below.

cute766 may in its discretion allow you to participate in a free trial of Digital Sales The time period of such free trial is referred to as the “Trial Period.” During the Trial Period, you may sell Paid Subscriptions. If at the end of the Trial Period you do not continue the paid Digital Sales service in standard (paying) mode, cute766 will: (a) convert any of your subscriptions to Publications to single edition purchases of the Publications; (b) revert all of your Paid Subscriptions to free; and (c) keep the cute766 Fee from your sales of Paid Subscriptions during the Trial Period.

Clauses (a) – (c) above are referred to as the “Downgrade Process.” cute766 may, in its discretion, apply the Downgrade Process to a Publication in the event that you choose to end Digital Sales with respect to that Publication.

 Billing and Payment Process

cute766 will use a third party billing provider such as Stripe (the “Third Party Billing Platform” or the “Platform”) to facilitate the payment flow for Digital Sales. Accordingly, cute766 will have a “parent” Platform account with connected “child” Platform accounts for each publisher using Digital Sales, including you. You will create your own Platform “child” account, which will enable you to receive money, and you will be required to grant access to cute766 to permit cute766 to charge End Users fees for the Paid Purchases on your behalf. End User billing information will be stored on both the cute766 “parent” account and your “child” account. However, no confidential credit card information will be made available to cute766. A Paid Purchase transaction will be processed via the following steps:

Step 1: End User purchases a Paid Purchase via a web page on the cute766 Service that is connected to the Platform

Step 2: The Platform processes the order by sending the appropriate amounts (the “Publisher Proceeds”) to you after (a) transferring the cute766 Fee to cute766’s Platform account and (b) deducting the Platform’s fee for the transaction.

 End User Agreement Requirements

You agree that cute766 shall have no responsibility for billing End Users and that cute766 shall have no liability to you or to any End User for any error in billing or failure to bill for Paid Purchases. You shall be responsible for, and shall appropriately document in the End User Agreement, the billing relationship between you and End Users for Paid Purchases. Without limiting the foregoing, you shall ensure that the End User Agreement expressly states that cute766 will not be the merchant of record for Paid Purchases. Your End User Agreement and your treatment of End Users (including but not limited to the collection, use and disclosure of their information) shall comply will all applicable laws and regulations. Without limiting the foregoing, you shall ensure that you publish and comply with a privacy policy that clearly informs End Users of how their information, including but not limited to billing information, will be collected, used and disclosed and complies with all applicable laws and regulations.

 Taxes

If the End User is located in a jurisdiction for which sales tax, value added tax or other tax (each a “Tax”) is required to be levied on such End User’s Paid Purchase, you are responsible for adding the appropriate amount of Tax to the price that you set for such Paid Purchase. You are also responsible for all other taxes, including taxes on your net income. In addition to your indemnification obligations in the TOS, you shall fully indemnify cute766 for any failure to correctly charge and collect the appropriate applicable Tax or for any tax liability of cute766 resulting from your negligence or intentional misconduct or from your breach of these Digital Sales Terms.

 Refunds

cute766 will forward to you requests by End Users for exchanges, refunds and similar requests. You are responsible for determining the appropriate resolution of each such request. You will not receive Publisher Proceeds for orders for which refunds are issued.

 Access Codes

  1. For Publishers
    1. As a publisher you may choose to generate free or discounted access codes (“Access Codes”) for use by customers.
    2. Access Codes may grant Users free access or discounted access to the applicable content.
    3. Each Access Code must (a) have an expiry date (to the extent permitted by law) and (b) state whether or not the Access Code can be used only once or an unlimited number of times.
    4. Publisher may distribute the Access Codes as you choose, for example, to your print subscribers or via email to selected individuals.
    5. Without limiting any obligations under the cute766 Terms of Service, publishers must comply with all applicable laws related to the creation, use, distribution, and redemption of Access Codes, including all applicable privacy and gift certificate laws and regulations.
  2. For Users
    1. Users of the cute766 Service who receive an Access Code may redeem them via:
      1. https://cute766.info/store/code, which subsequently redirects the user to the publication and the option to access it for free or at the discounted price, or
      2. a URL provided by the publisher, which will send the User directly to the publication.
    2. For Access Codes entitling the User to free access, instead of inputting credit card details or other appropriate Payment Method, Users must enter the Access Code.
    3. For Access Codes entitling the User to discounted access, Users must enter the Access Code in addition to credit card details or other appropriate Payment Method.
    4. In the event that a User inputting an Access Code does not have an account for the Paid Service, cute766 will create such an account for that User as part of this process of redeeming such Access Code.
    5. Please note that Access Codes have no cash value and cannot be exchanged for cash or other currency.

 General Provisions

These Digital Sales Terms, together with the TOS into which they are incorporated, are the complete agreement between you and cute766 with respect to Digital Sales. If a provision of these Digital Sales Terms conflicts with a provision of the TOS, such provision of these Digital Sales Terms shall control, but only with respect to Digital Sales.