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                Mittcute.com is operated by Mittcute LLC, a Texas limited liability company (“Mittcute”). By creating a Mittcute account or by using the Mittcute app (“Mittcute App”), whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by these Terms of Use (this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, you may not use the Service.

Terms and Conditions

Welcome to Mittcute. We are so happy you decided to check us out! Please take a good look at the information below so we are on the same page. Enjoy! 

        1.Acceptance of Terms of Use.  This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. Mittcute may, at any time and for any reason make changes to this Agreement. Mittcute may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on www.mittcute.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you do not agree to these changes, you must end your relationship with us by ceasing to use the Services and leaving Mittcute. 


        2.Eligibility. You must be at least 18 years of age to create an account on Mittcute and use the Service. By creating and account and using the Service, you represent and warrant that you can form a binding contract with Mittcute, you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction, and you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.


        3.Creating an Account on Mittcute. In order to use Mittcute, you must (i) have or create a Facebook account and sign in using your Facebook login, or (ii) provide a valid email address for which to establish an account.  Mittcute may request information about you, including your name, username, email address, gender, date of birth, sexual preference, location, and Facebook login. If you provide your Facebook login, you authorize Mittcute to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other Mittcute users.


         4.Term and Termination. This Agreement will remain in full force and effect while you use the Service and/or have a Mittcute account. You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service. Mittcute may terminate or suspend your account at any time without notice if Mittcute believes that you have breached this Agreement in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees, if any. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply: Section 5, Section 9, Section 10(e), Section 16, and Sections 19-22.


         5.Non-Commercial Use by Users. The Service is for personal use only. Users may not use the Service or any content contained in the Service (including, but not limited to, content of other users, designs, text, graphics, images, video, logos, software, and computer code) in connection with any commercial endeavors, such as advertising or soliciting any user to buy or sell any products or services not offered by Mittcute. Users of the Service may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service for any purpose except with Mittcute’s express consent (such as for promoted profiles or other advertisements), which Mittcute may provide or deny in its sole discretion. Mittcute may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service.


         6.Account Security. You are responsible for maintaining the confidentiality of your Facebook login and Mittcute account credentials you use to sign up for Mittcute, and you are solely responsible for all activities that occur under those credentials. You agree to immediately notify Mittcute of any disclosure or unauthorized use of your login credentials at help@mittcute.com.


         7.Your Interactions with Other Users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT MITTCUTE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. MITTCUTE ALSO DOES NOT VERIFY THE STATEMENTS OF ITS USERS. MITTCUTE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. MITTCUTE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.


        8.Conduct of Users. Mittcute is not responsible for the conduct of any user. In no event shall Mittcute, its affiliates or its members be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. In addition, you agree to review and follow Mittcute’s Safety Tips, located in the Service under Settings, prior to using the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.


        9.Proprietary Rights. Mittcute owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of Mittcute and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of Mittcute or, if such property is not owned by Mittcute, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.


        10.Content Posted by You in the Service. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, “post”) on the Service or transmit to other users, including text messages, chat, videos, photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). 

          a. You may not post as part of the Service, or transmit to Mittcute or any other user (either on or off the Service), any offensive,     inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below. 

           b. You understand and agree that Mittcute may, but is not obligated to, monitor or review any Content you post as part of a Service. Mittcute may delete any Content, in whole or in part, that in the sole judgment of Mittcute violates this Agreement or may harm the reputation of the Service or Mittcute. 

           c. By posting Content as part of the Service, you grant to Mittcute a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Service and researching and developing new ones. You understand and agree that Mittcute may collect your information for compiling “big data” to reveal patterns, trends, and associations, relating to human behavior, interactions, user preferences, and other similar aspects, which data may be used to improve the Service or marketed and sold to third-parties. 

           d. In addition to the types of Content described in Section 10(a) above, the following is a non-exhaustive list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that: 

                i. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 

               ii. advocates harassment or intimidation of another person;

              iii. requests money from, or is intended to defraud, other users of the Service; 

              iv. spams or solicits Mittcute’s users; 

               v. promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or   otherwise objectionable; 

              vi. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs, images, audio or video files or links to them;

             vii. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); 

             viii. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); 

              ix. provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18; 

              x. provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses; 

              xi. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

              xii. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity; 

              xiii. provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information); 

              xiv. disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges; and 

               xv. solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission. 

          e. Mittcute reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators. 

          f. Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Mittcute may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of Mittcute or any other person. 

           g. You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Mittcute users). 


           11. Your Privacy. This Section 11 describes the information Mittcute collects, how that information may be used, with whom it may be shared, and your choices about such uses and disclosures. In all circumstances, Mittcute may perform these functions directly or use a third party vendor to perform these functions on Mittcute’s behalf who will be obligated to use your personal information only to perform services for Mittcute. Also, if you access the Service from a third party social platform, such as Facebook, Mittcute may share non-personal information with that platform to the extent permitted by your agreement with it and its privacy settings.

         a. Information Mittcute May Collect about You. 

                i. Generally. Mittcute may collect information that can identify you such as your name and email address (“personal information”) and other information that does not identify you, such as gender, location, age, age range preference, activity created, activity matched, activity dates or times, searched keywords or categories, etc. Mittcute may collect this information through a website or a mobile application. By using the Service, you are authorizing Mittcute to gather, parse and retain data related to the provision of the Service. When you provide personal information through our Service, the information may be sent to servers located in the United States and countries around the world. 

                 ii. Information You Provide. If you login with your Facebook account, you authorize us to access certain Facebook account information, such as your public Facebook profile, your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description, friend list, and information about and photos of your Facebook friends who might be common Facebook friends with other Mittcute users. You will also be asked to allow Mittcute to collect your location information from your device when you download or use the Service. In addition, Mittcute may collect and store any personal information you provide while using our Service or in some other manner. This may include identifying information, such as your name, address, email address and telephone number, and, if you transact business with Mittcute, financial information. You may also provide Mittcute photos, a personal description and information about your gender and preferences for recommendations, such as search distance, age range and gender. If you contact Mittcute with a customer service or other inquiry, you provide Mittcute with the content of that communication. 

                iii. Use of Technologies to Collect Information. Mittcute may use various technologies to collect information from your device and about your activities on the Service. 

                iv. Information Collected Automatically. Mittcute automatically collects information from your browser or device when you visit the Service. This information could include your IP address, device ID and type, your browser type and language, the operating system used by your device, access times, your mobile device’s geographic location while Mittcute’s application is actively running, and the referring website address. 

          b. How Mittcute Uses the Information It Collects

                  i. Generally. Mittcute may use information that it collects about you to: deliver and improve products and services, and manage its business; manage your account and provide you with customer support; perform research and analysis about your use of, or interest in, Mittcute’s or others’ products, services, or content; communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from Mittcute or other third parties; develop, display, and track content and advertising tailored to your interests on the Service and other sites; enforce or exercise any rights in this Agreement; compile anonymous data reports and provide such reports to third parties; and perform functions or services as otherwise described to you at the time of collection. 

                  ii. Job Applicants. If your personal information is submitted to Mittcute when applying for a position with Mittcute, the information will be used solely in connection with considering and acting upon your application. Mittcute may retain your personal information, but only for the purpose of considering your application for current or future available positions. This information, which may include your name and contact information, prior education and experience, and other information you provide, may be shared with third-party service providers retained by Mittcute to collect, maintain and analyze candidate submissions for job postings. 

                 iii. Information Shared with Other Users. When you register as a user of Mittcute, your Mittcute profile will be viewable by other users of the Service. Other users (and in the case of any sharing features available on Mittcute, the individuals or apps with whom a Mittcute user may choose to share you with) will be able to view information you have provided to Mittcute directly or through Facebook, such as your Facebook photos, any additional photos you upload, your name, your age, approximate number of miles away, your personal description, and information you have in common with the person viewing your profile, such as common Facebook friends and likes. 

                 iv. Personal Information. Mittcute may share your information with third parties that perform certain services on Mittcute’s behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, ad tracking and analytics, member screenings, supporting our Service functionality, and supporting contests, sweepstakes, surveys and other features offered through our Service. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes. 

                  v. Other Situations. Mittcute may disclose your information, including personal information: 

                             (1) In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise Mittcute’s legal rights; to defend against legal claims; or as otherwise required by law. In such cases, Mittcute may raise or waive any legal objection or right available to Mittcute. 

                             (2) When Mittcute believes disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of Mittcute, its users, its employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce this Agreement or other agreements or policies. 

                              (3) In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the event of bankruptcy. vi. Aggregated and/or Non-Personal Information. Non-personal information collected by Mittcute may be used and shared with third parties. 

           c. Third Party Websites. There are a number of places on the Service where you may click on a link to access other websites that do not operate under this Agreement. For example, if you click on an advertisement on the Service, you may be taken to a website that Mittcute does not control. These third- party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide Mittcute with information about your activities on those websites. Mittcute recommends that you consult the privacy statements of all third-party websites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting. 

            d. How You Can Access Your Information. If you have a Mittcute account, you have the ability to review and update your personal information within the Service by opening your account and going to “Settings”. More information about how to contact Mittcute is provided below. You also may close your account at any time by visiting the “Settings” page for your account. If you close your account, Mittcute will retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, enforce this Agreement, take actions Mittcute deems necessary to protect the integrity of the Service or other users, or take other actions otherwise permitted by law. In addition, if certain information has already been provided to third parties as described in this Agreement, retention of that information will be subject to those third parties’ policies. 

            e. Your Choices about Collection and Use of Your Information. You can choose not to provide Mittcute with certain information, but that may result in you being unable to use certain features of the Service because such information may be required in order for you to register as a user; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions. The Service may also deliver notifications to your phone or mobile device. You can disable these notifications by going into “App Settings” on the app or by changing the settings on your mobile device. 

             f. How Mittcute Protects Your Personal Information. Mittcute take security measures to help safeguard your personal information from unauthorized access and disclosure. However, no system can be completely secure. Therefore, although Mittcute takes steps to secure your information, Mittcute does not promise, and you should not expect, that your personal information, chats, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft. 

             g. Information You Provide about Yourself While Using the Service. Whenever you voluntarily disclose personal information on publicly-viewable pages, that information will be publicly available and can be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. Mittcute cannot control who reads your posting or what other users may do with the information you voluntarily post, so Mittcute encourages you to exercise discretion and caution with respect to your personal information. Mittcute does not recommend that you put email addresses, URLs, instant messaging details, phone numbers, full names or addresses, credit card details, national identity numbers, drivers’ license details and other sensitive information on your profile which is open to abuse and misuse. Please be careful about posting sensitive details about yourself on your profile such as your religious denomination and health details. While you may voluntarily provide this information when you create your profile, including your sexual preferences, there is no requirement to do so. Please remember that photographs that you post on Mittcute may reveal information about yourself as well, including your location. Where you do upload and choose to tell Mittcute sensitive information about yourself, you are explicitly consenting to Mittcute’s processing of your information and making this public to other users. When you post information about yourself or use the messaging function, the amount of personal information you share is at your own risk. 

               h. Children’s Privacy. Although the Service is a general audience Service, Mittcute restricts the use of the Service to individuals age 18 and above. Mittcute does not knowingly collect, maintain, or use personal information from children under the age of 18.

                i. Visiting the Service from Outside the United States. If you are visiting the Service from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where Mittcute’s servers are located and Mittcute’s central database is operated. By using the Service, you understand and agree that your information may be transferred to Mittcute facilities and those third parties with whom Mittcute shares it as described in this Agreement.  


         12.Prohibited Activities. Mittcute reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way Mittcute regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. The following is a non-exhaustive list of the type of actions that you may not engage in with respect to the Service. You will not:

                a. impersonate any person or entity; 

                b. solicit money from any users; 

                c. post any Content that is prohibited by Section 10; 

                d. “stalk” or otherwise harass any person; 

                e. express or imply that any statements you make are endorsed by Mittcute without our specific prior written consent; 

                f. use the Service in an illegal manner or to commit an illegal act; 

                g. access the Service in a jurisdiction in which it is illegal or unauthorized; 

                h. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

                i. collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service; 

                j. interfere with or disrupt the Service or the servers or networks connected to the Service; 

               k. transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

                l. forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software); 

              m. “frame” or “mirror” any part of the Service, without Mittcute’s prior written authorization; 

               n. use meta tags or code or other devices containing any reference to Mittcute or the Service (or any trademark, trade name, service mark, logo or slogan of Mittcute) to direct any person to any other website for any purpose; 

               o. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service, or cause others to do so; or  

               p. post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media, any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement. 


          13. Customer Service. Mittcute provides assistance and guidance through its customer care representatives. When communicating with Mittcute’s customer care representatives, you agree to be respectful and kind. If Mittcute feel that your behavior towards any of Mittcute’s customer care representatives or other employees is at any time threatening or offensive, Mittcute reserve the right to immediately terminate your account.


          14.Modifications to Service. Mittcute reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Mittcute shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, Mittcute reserves the right, at any time in its sole discretion, to block users from certain IP addresses from accessing the Service.


           15. Links. The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that Mittcute is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service are solely between you and such third party. You further acknowledge and agree that Mittcute shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource. Mittcute may keep track of how you interact with links available on the Service.


           16.Safety. Please report anyone who violates our terms of use. Examples of terms of use violations include: anyone that looks like they could be under the age of 18; users behaving inappropriately after meeting in person; fraudulent profiles; spam or solicitation, such as attempts to sell products or services.


           17. Suggestions and Improvements. By sending Mittcute any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) Mittcute is under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) Mittcute may have something similar to the Feedback already under consideration or in development, and (iv) you grant Mittcute an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Mittcute and its users any claims and assertions of any moral rights contained in such Feedback.


           18.Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Mittcute may terminate the account(s) of repeat infringers. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide Mittcute with the following information: 

                 a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

                 b. a description of the copyrighted work that you claim has been infringed; 

                 c. a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable Mittcute to find the alleged infringing material, such as a url); 

                 d. your address, telephone number and email address; 

                 e. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 

                 f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

 Notice of claims of copyright infringement should be provided to Mittcute at copyright@mittcute.com or the following address: Mittcute Legal, 121 N Post Oak Lane, Houston, Texas 77024.


            19. Disclaimers. You acknowledge and agree that neither Mittcute nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, MITTCUTE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MITTCUTE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE. From time to time, Mittcute may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors of such content. MITTCUTE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL MITTCUTE OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.


            20. Limitation on Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL MITTCUTE, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF MITTCUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MITTCUTE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MITTCUTE FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.


            21. Arbitration and Governing Law. Except as prohibited by applicable law:

                 a. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association.

                 b. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Mittcute. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. 

               c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Mittcute may be commenced only in the federal or state courts located in Harris County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

               d. This Agreement, and any dispute between you and Mittcute, shall be governed by the laws of the state of Texas without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.


           22. Indemnity by You. You agree to indemnify and hold Mittcute, its subsidiaries, and affiliates, and its and their officers, agents, members and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. Mittcute reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mittcute in connection therewith.


           23. Notice. Mittcute may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.


          24. Entire Agreement; Other. This Agreement, with any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and Mittcute regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Mittcute to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Mittcute account is non-transferable and all of your rights to your profile or contents within your Mittcute account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Mittcute in any manner.



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