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CayeNne'S TERMS OF SERVICE

I.Welcome to the (“We”, “Our”, “Us”) mobile device application (“CayeNne”). Users who download software for CayeNne (“the CayeNne Software”) or use, access or purchase tickets for CayeNne ( “You,” “User” or “Users”) can only do so by accepting the following terms and conditions of service and Privacy Policy (please see HERE)

II.Please read the following terms and conditions of service carefully before using CayeNne. By downloading the CayeNne software or using, accessing, or purchasing tickets for CayeNne, you are acknowledging that you have read, understood and agreed to be bound by the following terms and conditions (the “agreement”). This includes accepting any modifications made to these terms and conditions from time to time, without limitation or qualification.

III.If you are not willing to agree to this agreement in full please stop using CayeNne straight away.

LOCATION DATA — AN IMPORTANT DISCLAIMER

The location feature in CayeNne is for personal non-commercial use only. It is not suitable for emergency, navigation, or any mission critical or safety applications whatsoever. it must not be relied upon when operating machinery or vehicles, or in any circumstance where death, serious injury or damage to property may result. CayeNne is not suitable for business use of any description, or for tracking persons or equipment, and must not be used for these purposes.

CHILDREN AND MINORS NOT TO USE CayeNne

CayeNne is not available to and must not be accessed by any person under the age of 18 years in any circumstances. Where the age of majority is 21 years, CayeNne is not available to and must not be accessed by any person under the age of 21 years in any circumstances. Any person under the age of 18 (or the age of 21 where that is the age of majority) must not view or otherwise use CayeNne, whether directly or indirectly. No person over the age of 18 (or 21 where that is the age of majority) may allow or solicit a minor to view or use CayeNne in any circumstances whatsoever.

AFFIRMATION OF ADULT STATUS

You hereby affirm and warrant that you are over the age of 18 (or 21 where that is the age of majority) and that you have the capacity to lawfully enter into and perform all the obligations contained in this agreement.

MODIFICATION OF THIS AGREEMENT

I.We reserve the right at our own discretion to modify, add to, change, or remove parts of this Agreement (including the Acceptability Guidelines) at any time. We will notify you of any such modification, addition, change or removal by sending an e-mail to the last e-mail address provided by you, and/or by posting notice of such alteration on CayeNne, and you hereby agree that this will constitute effective notice of any such alteration. It will be your responsibility to provide us with an up to date email address, and to check from time to time for changes to the Agreement. Should an email dispatched by us to the last email address provided by you not for any reason reach you, our having dispatched that email will nevertheless constitute effective notice of the changes we were trying to inform you about.

II.Your continuing to use CayeNne after we have dispatched an email to you containing notice of alterations to the Agreement, or after we have posted notice of such alterations on CayeNne, will constitute binding acceptance by you of those alterations, and agreement that such alterations shall automatically come into effect 30 days after our email giving notice to you was sent, or 30 days after notice of the changes was posted on CayeNne.

III.For new users of CayeNne, alterations will be effective immediately.

OWNERSHIP OF CayeNne

I.CayeNne is owned and operated by Misterico limited. The CayeNne Software, content, visual interfaces, information, graphics, design, compilation, computer code, products and services including but not limited to the mobile device application and all other elements of CayeNne (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, as well as international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws.

II.All Materials contained in CayeNne are the property of Misterico limited, its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on CayeNne are proprietary to Misterico limited. or its affiliates and/or third-party licensors. Unless you are expressly authorized in writing to do so by Misterico limited, 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.

ACCEPTABILITY GUIDELINES AND PROHIBITED CONDUCT

I.CayeNne’s Acceptability Guidelines located at CayeNne.app/terms (“the Guidelines”) are hereby incorporated into this Agreement. Under this Agreement you have a duty to familiarize yourself with these Guidelines before posting any photo, text, or links to CayeNne.

II.You hereby acknowledge and agree that you will comply with these guidelines.

III.Specifically, and without prejudice to any other provision contained in the guidelines, you warrant that you will not:

A.Use CayeNne or any location information obtained from CayeNne to “stalk”, harass, intimidate, abuse, defame, threaten or defraud other Users. Nor will you collect or attempt to collect or store location or personal information about other Users;

B.Use CayeNne if you are under the age of 18 years (or 21 years in places where that is the age of majority);

C.Make use of obscene, offensive or pornographic materials, or materials that depict minors or are in any way harmful to minors in your CayeNne profile page;

D.Use CayeNne for any commercial or non-private use, or any use incompatible with its intended purpose of personal, non-commercial use only;

E.Send junk mail to other Users of CayeNne, or make unsolicited offers, advertisements or proposals to them. 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 or requests to sign petitions;

F.Use CayeNne for any illegal purpose, or in violation of any law, whether local, state, national, international or otherwise, including but not limited to laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

G.Access or attempt to access the CayeNne account of any other User;

H.Impersonate any person or entity, or falsely claim a connection with any person or entity;

I.Make any misrepresentation about the source, identity or content of information transmitted via CayeNne;

J.Remove, disable, override, circumvent, interfere with or in any way defeat the purpose of security-related features of CayeNne, or make any attempt to do the same. This includes features that prevent or restrict use or copying of content accessed through CayeNne, or features that enforce limitations on the use of CayeNne;

K.Deliberately interfere with or damage the operation of CayeNne, or any User's enjoyment of CayeNne, by any means, including but not limited to introducing or knowingly allowing the introduction of any virus, worm, Trojan or other malicious code;

L.Gain or attempt to gain unauthorized access to CayeNne, or any part of it, or to other accounts, computer systems or networks connected to CayeNne, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of CayeNne any activities conducted on CayeNne;

M.Use or attempt to use any robot, spider, scraper or other automated means to access CayeNne for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to CayeNne, or modify CayeNne in any manner or form, nor to use modified versions of CayeNne for the purpose of obtaining unauthorized access to CayeNne or any other purpose;

N.Post, store, transmit or in any way disseminate or allow to be transmitted or disseminated any material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

O.Post, store, transmit or in any way disseminate or allow the transmission or dissemination of any material which infringes any patent, trademark, trade secret, copyright, or any other proprietary or intellectual property right;

P.Use CayeNne or attempt to use CayeNne for tracking, locating, navigating or controlling any vehicle or other equipment or machinery, or any person, other than locating another User in the course of the bona fide use of the application in accordance with its intended purpose as set out in this Agreement; or

Q.Use CayeNne or attempt to use CayeNne with any products, systems or applications installed or otherwise connected to or in communication with vehicles of any sort;

R.Use CayeNne in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or of CayeNne could lead directly to death, personal injury, or severe physical or property damage.

USAGE AND TERMINATION OF SERVICE

I.You acknowledge that parts of CayeNne may be accessed by downloading CayeNne to a mobile device without the need to register an account. You are responsible for the security of the mobile device on which CayeNne is installed or used. If you choose to use CayeNne, buy tickets for CayeNne or register for an account with CayeNne, you represent and warrant that: (a) all the registration information you submit is truthful and accurate; and (b) you will keep this information accurate and up to date. You are responsible for maintaining the confidentiality of your CayeNne login information and for the security of your mobile device, and are fully responsible for all activities that occur under your CayeNne account. You agree to notify Misterico limited immediately of any unauthorized use, or suspected unauthorized use of your CayeNne account or any other breach of security. Misterico limited cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

A.Misterico limited reserves the right (but has no obligation) to monitor any user's use of CayeNne, including registration attemps, and a user's use of or access to the location information or profiles of other users.

B.Misterico limited also reserves the right to disable any user’s access to CayeNne, including the location information or requests of other users; or to close any user’s account, for any reason and without any notice.

C.You are solely responsible for your involvement with other Users, and you agree that Misterico limited will not be responsible for any loss or damage suffered as a result of such involvement.

D.Misterico limited reserves the right (but has no obligation) to monitor disagreements between you and other Users.

E.Misterico limited reserves the right (but has no obligation) to monitor the content of meeting requests and communication for any purpose. However, Misterico limited does not control the content of User meeting requests, and you acknowledge that you are solely responsible for all your content or material in your meeting requests.

II.Please note that Misterico limited reserves the right to refuse access to any user for any reason, without notice.

CONTENT SUBMITTED BY USERS

I.CayeNne hosts content and material which has been submitted by Users (“User submissions”) and allows it to be shared and published. These User submissions and certain other information about you are subject to our privacy policy, which can be viewed at CayeNne.APP/PRIVACY. By using CayeNne you are consenting to our collecting and using such information as is explained in our privacy policy. You are at all times solely responsible for your own User Submissions and for the consequences of posting or publishing them. In regard to such User submissions you affirm, represent, and warrant that;

A.You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize CayeNne to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by CayeNne and this Agreement; and 

B.You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by CayeNne and this Agreement. For clarity, it is confirmed that you all retain all ownership rights in your User Submissions.

C.You understand that when using CayeNne you will be exposed to User Submissions from a variety of sources, and that Misterico limited is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable.

II.Misterico limited assumes no responsibility whatsoever in connection with or arising from User Submissions. Misterico limited assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Misterico limited chooses, in its sole discretion, to monitor User Submissions, Misterico limited nevertheless does not assume any responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Misterico limited does not endorse and has no control over the content of User Submissions submitted by other Users. Misterico limited makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Misterico limited reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

III.User Submissions are owned by the User who submitted them, subject to Misterico limited's license to such User Submissions under this Agreement. User Submissions cannot be shared, displayed or duplicated by any other party other than the submitted User, except as permitted under this Agreement.

IV.You hereby grant, and you represent and warrant that you have the right to grant to Misterico limited an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Submissions, and to grant sublicenses of the foregoing, solely for the purposes of including your User Submissions in CayeNne. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions.

V.If you provide any feedback or suggestions to Misterico limited regarding CayeNne (“Feedback”), you hereby assign to Misterico limited all rights in the Feedback and agree that Misterico limited shall have the right to use such Feedback and related information in any manner it deems appropriate. Misterico limited will treat any Feedback you provide to it as non-confidential and non-proprietary. You agree that you will not submit to Misterico limited any information or ideas that you consider to be confidential or proprietary.

THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

I.CayeNne may, solely as a convenience to Users, include links to other web sites or services (“Third Party Websites”). Misterico limited does not endorse any such linked sites or the information, material, products or services contained on such linked sites or accessible through other linked sites. Furthermore, Misterico limited makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

A.Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through CayeNne are solely between you and such advertiser. You agree that Misterico limited shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on CayeNne.

B.Parties other than Misterico limited may provide services or sell products through CayeNne. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses, nor the content of their product and service offerings. Misterico limited does not assume any responsibility or liability for the actions, product, or content of these or any other third parties. You should carefully review their privacy statements and other terms and conditions of use.

C.By your use of third party applications that connect with CayeNne (“Third Party Applications”), you acknowledge and agree that Misterico limited may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications. Misterico limited is not responsible for the transmission of the User Submissions from CayeNne to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third Party Websites or Third Party Applications. You should review the terms of service and privacy policies of any Third Party Websites or Third Party Applications. Misterico limited is not responsible for and does not endorse any features, content, or other materials on or available from Third Party Sites or Third Party Applications. Misterico limited also does not screen, audit, or endorse Third Party Sites or Third Party Applications. Accordingly, if you decide to access Third Party Sites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Sites or Third Party Applications is on an “as-is” basis without any warranty as to the Third Party Sites or Third Party Applications actions, and that this Agreement does not apply to your use of any Third Party Sites or Third Party Applications.

ADVERTISING

Misterico limited and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

END USER LICENSES

I.Mobile Device. To use CayeNne you must have a mobile device that is compatible with the CayeNne application. Misterico limited does not warrant that CayeNne will be compatible with your mobile device.

II.License Grant. Subject to the terms of this Agreement, Misterico limited hereby grants you a non-exclusive, non-transferable, revocable license to a compiled code copy of CayeNne for one account on one mobile device owned or leased solely by you, for your personal, noncommercial use.

A.Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer CayeNne, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer CayeNne to any third party or use CayeNne to provide time sharing or similar services for any third party; (iii) make any copies of CayeNne; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of CayeNne, features that prevent or restrict use or copying of any content accessible through CayeNne, or features that enforce limitations on use of CayeNne; or (v) delete the copyright and other proprietary rights notices on CayeNne.

B.Software Upgrades. You acknowledge that Misterico limited may from time to time issue upgraded versions of CayeNne, and may automatically electronically upgrade the version of CayeNne that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that Misterico limited will not be liable to you for any such modifications.

C.Open Source. With respect to any open source or third-party code that may be incorporated in CayeNne, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such open source software that is subject to the terms of the GNU General Public License.

III.Rights Reserved. The foregoing license grant under this Agreement is not a sale of CayeNne or any copy thereof and Misterico limited or its third party partners or suppliers retain all right, title, and interest in CayeNne (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Misterico limited reserves all rights not expressly granted under this Agreement.

IV.Trademarks, Service Marks and Logos. The name of this web site is a service mark of Misterico limited No use of this mark shall be permitted except through the prior written authorization and permission of Misterico limited All rights reserved.

V.Government End Users. If CayeNne is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of CayeNne by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

VI.Export Control. CayeNne originates in the United States, and is subject to United States export laws and regulations. CayeNne may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the CayeNne may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of CayeNne and the CayeNne Software.

VII.App Stores. You acknowledge and agree that the availability of the CayeNne Software is dependent on the third party from which you received the CayeNne Software, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between you and Misterico limited and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the CayeNne Software from it. You agree to comply with, and your license to use the CayeNne Software is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.

VIOLATIONS; TERMINATION

You agree that if Misterico limited believes in good faith belief that you have violated any of the terms and conditions of this Agreement, it may terminate any account you have with CayeNne or your use of CayeNne or any portion thereof, and remove and discard all or any part of your account or any User Submission, at any time. You agree that any termination of your access to CayeNne or any account you may have or portion thereof may be effected without prior notice, and you agree that Misterico limited will not be liable to you or any third-party for any such termination. Misterico limited does not permit copyright infringing activities on CayeNne, and reserves the right to terminate access to CayeNne, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of CayeNne and may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Misterico limited may have at law or in equity.

ALL WARRANTIES DISCLAIMED

I.CayeNne (and any third-party software, services, or applications made available in conjunction with or through the CayeNne) are provided “as is”, “as available”, and without warranties of any kind either express or implied. Misterico limited and its suppliers and partners, disclaim all warranties, express or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

II.Misterico limited and its suppliers and partners do not warrant that the functions contained in CayeNne will be uninterrupted or error-free, that defects will be corrected, or that CayeNne or the server that makes it available are free of viruses or other harmful components.

III.Misterico limited and its suppliers and partners (including third-party wireless carrier partners) do not warrant or make any representations regarding the use or the results of the use of any location information or the CayeNne software in terms of security, safety, correctness, accuracy, reliability, or otherwise. you (and not Misterico limited or its suppliers or partners) assume the entire cost of any necessary services or equipment necessary to access CayeNne. you understand and agree that you download or otherwise obtain material or data through the use of CayeNne at your own discretion and risk.

IV.Certain state laws do not allow limitations on implied warranties. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold Misterico limited (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including legal fees, brought by a third party arising out of or related to (a) your use or misuse of any location information or CayeNne generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of CayeNne to meet another User in-person or to locate and attend any offline place or event. Misterico limited reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

LIMITATION OF LIABILITY AND DAMAGES

I.You acknowledge and agree that under no circumstances, including negligence, will Misterico limited (or its affiliates, contractors, employees, agents, or third-party partners or suppliers) be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages related to or resulting from: (a) the use, disclosure, display, or maintenance of your location information; (b) your use or inability to use CayeNne; (c)CayeNne generally (including the CayeNne software) or systems that make CayeNne available; or (d) any other interactions with CayeNne or any other user of CayeNne, even if Misterico limited or a Misterico limited authorized representative has been advised of the possibility of such damages. you agree that the limitations of liability set forth in this section will survive any termination or expiration of this agreement and will apply even if any limited remedy specified herein is found to have failed in its essential purpose.

II.In no event shall the total liability to you of Misterico limited (or its affiliates, contractors, employees, agents, suppliers, or third-party partners or suppliers) for all damages, losses, and causes of action arising out of or relating to this agreement or your use of CayeNne (whether in contract, tort, warranty, or otherwise, including but not limited to negligence), exceed the amounts paid by you for accessing CayeNne during the twelve (12) months immediately preceding the date of your claim or fifty dollars, whichever is greater.

III.Applicable law in your state 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, you agree that Misterico limited’s liability will be limited to the extent permitted by applicable law in your state.

BENEFIT OF THE BARGAIN

You acknowledge and agree that Misterico limited has offered CayeNne, set its prices, and entered into this agreement in reliance upon the warranty disclaimers and the limitations of liability set forth above. you further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this agreement reflect a reasonable and fair allocation of risk between you and Misterico limited, and that the warranty disclaimers and the limitations of liability set forth in this agreement form an essential basis of the bargain between you and Misterico limited. Misterico limited would not be able to provide CayeNne to you on an economically reasonable basis without these limitations and disclaimers.

RELEASE

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) any interactions with, or act or omission of, or User Submissions provided by, other CayeNne Users or (2) any third party site, products, services, and links included on or accessed through CayeNne. If you are a california resident, you hereby waive california civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

I.It is Misterico limited's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Misterico limited will promptly terminate without notice the accounts of Users that are determined by Misterico limited. to be “repeat infringers”. A repeat infringer is a User who has been notified by Misterico limited of infringing activity violations more than twice and/or who has had a User Submission removed from CayeNne more than twice.

II.If you are a copyright owner or an agent thereof, and you believe that any content hosted on CayeNne infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Misterico limited's Designated Copyright Agent with the following information in writing:

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

B.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on CayeNne are covered by a single notification, a representative list of such works on CayeNne;

C.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Misterico limited to locate the material;

D.Information reasonably sufficient to permit Misterico limited to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

E.A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and

F.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content”).

III.Misterico limited's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agents

IV.Misterico limited

V.Email: [email protected]

VI.For clarity, only DMCA notices should go to the Misterico limited Designated Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

PAYMENTS, CANCELLATION, FINAL SALE

I.Any and all payments made to Misterico limited for use and access to CayeNne are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due. You will not receive a refund for any payment amount, even if payment was made for multiple billing periods. If you have an account set up for reoccurring billing, you may cancel your account at any time. You will continue to have the same access for any billing period or periods for which you have paid. If your profile content or your conduct within CayeNne violates our Terms of Service, your access and account may be immediately terminated and all payments forfeited.

II.We reserve the right at any time to charge fees for access to any portion or portions of CayeNne.

MISCELLANEOUS

I.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without giving effect to any principles of conflicts of law.

II.Jurisdiction. Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Agreement or CayeNne shall be filed only in the state or federal courts in and for County, Delaware and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this Agreement shall prevent Misterico limited from seeking injunctive relief in a court of competent jurisdiction.

III.Arbitration. If a dispute arises between you and Misterico limited, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Misterico limited regarding CayeNne by emailing us at [email protected].

A.You and Misterico limited agree that we will resolve any claim or controversy at law or equity that arises out of or relates to this Agreement or CayeNne (a “claim”) in accordance with this Section 23.III)1. Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (A) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (B) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (C) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (D) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

B.All claims between you and Misterico limited must be resolved in accordance with this Section. All claims filed or brought contrry to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Misterico limited may recover legal fees and costs up to $1,000, provided that Misterico limited has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. Similarly, should Misterico limited file a claim contrary to this Section, you may recover legal fees and costs up to $1,000, provided that you have notified Misterico limited in writing of the improperly filed claim, and Misterico limited fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.

IV.Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

V.Notices. Misterico limited may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on CayeNne.

VI.Assignment. This Agreement (including the Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Misterico limited without restriction.

VII.Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of this Agreement or any termination of your use of or subscription to CayeNne.

VIII.Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word including means including without limitation. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement or Guidelines made by Misterico limited as set forth above.

IX.Claims. You and Misterico limited agree that any cause of action arising out of or related to CayeNne must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.

X.Disclosures. The services hereunder are offered by Misterico limited General Inquiries: [email protected].

XI.Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using CayeNne Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to CayeNne Software from the Apple App Store.

XII.Acknowledgement: Misterico limited and you acknowledge that this Agreement is concluded between Misterico limited and you only, and not with Apple, and that Misterico limited, not Apple, is solely responsible for CayeNne Software and the content thereof. To the extent this Agreement provides for usage rules for CayeNne Software that are less restrictive than the Usage Rules set forth for CayeNne Software in the App Store Terms of Service, or are otherwise in conflict with those Usage Rules, the more restrictive Apple term applies.

XII.Scope of License: The license granted to you for CayeNne is limited to a non-transferable license to use CayeNne on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

XIV.Maintenance and Support: Misterico limited is solely responsible for providing any maintenance and support services with respect to CayeNne, as specified in this Agreement (if any), or as required under applicable law. Misterico limited and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to CayeNne.

XV.Warranty: Misterico limited is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of CayeNne Software to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for CayeNne to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to CayeNne , and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole Misterico limited's responsibility.

XVI.Product Claims: Misterico limited and you acknowledge that Misterico limited, not Apple, is responsible for addressing any claims by you or any third party relating to CayeNne or your possession and/or use of the CayeNne Software, including, but not limited to: (I) product liability claims; (II) any claim that the CayeNne Software fails to conform to any applicable legal or regulatory requirement; and (III) claims arising under consumer protection or similar legislation. This Agreement does not limit Misterico limited's liability to you beyond what is permitted by applicable law.

XVII.Intellectual Property Rights: Misterico limited and you acknowledge that, in the event of any third party claim that the CayeNne Software or your possession and use of the CayeNne Software infringes that third party’s intellectual property rights, Misterico limited, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

XVIII.Legal Compliance: You represent and warrant that (I) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (II) you are not listed on any U.S. Government list of prohibited or restricted parties.

IXX.Developer Name and Address: Misterico limited's contact information for any end-user questions, complaints or claims with respect to the CayeNne Software is set forth above.

XX.Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the CayeNne Software.

XXI.Third Party Beneficiary: Misterico limited and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.

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canynee-blog · 4 years

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We care deeply about protecting your privacy and are committed to making CayeNne a product that people love and trust. This document outlines how we use and the circumstances in which we may disclose the personally identifiable information (which we call “Personal Information”) and other information that we collect.

CayeNne is the Data Controller and is committed to protecting the rights of individuals in line with the Data Protection Act 1998 (DPA) and the new General Data Protection Regulation (GDPR).

In this Privacy Policy, we use the terms “CayeNne”, “we”, “us” and “our” to refer Misterico limited, 28 Oktovriou, 367 Mediterranean Court, 1st floor, office A5, 3107, Limassol, Cyprus (the company that makes CayeNne). “Service” includes any websites or applications we operate, including this “SITE” and the CayeNne mobile app. “You” or “your” refers to users (data subject) of our Service.

WHAT INFORMATION DO WE COLLECT?

When you use our Service we may collect Personal Information and other information from you, as described below:

PERSONAL INFORMATION. We collect Personal Information from you when you voluntarily provide such information, such as when you create an account, add information to you user profile, or contact us with inquiries. By voluntarily providing us with Personal Information, you are consenting to our use of it in accordance with this Privacy Policy and agreeing that it may be transferred to the offices and servers of CayeNne and the authorized third parties referred to herein, located in the United States.

NON-IDENTIFIABLE OR AGGREGATED INFORMATION. When you use our Service, we also receive and store certain non-identifiable personal information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. CayeNne may store such information itself or such information may be included in databases owned and maintained by CayeNne affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to our Service, the number of visitors to each page of our Site, the domain names of our visitors' Internet service providers, and how our users use and interact with the Service. At times, CayeNne also conducts research on its customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research will be compiled and analyzed on an aggregate basis. CayeNne may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. CayeNne may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.

In operating our Service, we may use a technology called “cookies” to help provide additional functionality and analyze Site usage more accurately. If you are interested, your Web browser should contain a Help section that explains how to receive notifications when you receive a new cookie and how to turn cookies off.

A NOTE ABOUT LOCATION: Our Service is designed to help you learn more about other people nearby, and we use your location information (e.g., by using the GPS on your mobile device) to provide the functionality of our Service. Please keep in mind that when you use the service other users can see this information about you, and they may use it or disclose it to other individuals or entities outside of our control and without your knowledge. Your information may be subject to abuse, misuse, and monitoring by others, and you share this information at your own risk.

HOW DO WE USE YOUR INFORMATION?

We use the Personal Information you provide in a manner that is consistent with this Privacy Policy. For example, we may use it:

to provide the core functionality of the Service (e.g., displaying your request to people nearby);

to monitor your use of the Service and improve the user experience;

to respond to your comments and inquiries;

to communicate with you regarding the Service;

and for any other purpose for which the information was provided.

WHAT INFORMATION DO WE SHARE WITH THIRD PARTIES?

CayeNne cares deeply about your privacy and, without your prior consent, we will not share your Personal Information except as outlined in our Privacy Policy. The following, however, are certain circumstances in which we may share your Personal Information with certain third parties without further notice to you: in the event of a corporate sale, merger, reorganization, dissolution or similar event; with service providers we work with in connection with the operation of the Service, such as email or database providers; with our corporate affiliates or subsidiaries for purposes consistent with this Privacy Policy; to enforce our Privacy Policy or other terms of service; and if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend the rights or property of CayeNne, protect the personal safety of users of the site or the public, or protect against legal liability.

YOUR CONTROL

You can use the Site without providing any Personal Information. If you choose not to provide any Personal Information, you may not be able to use certain parts of the Service.

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

YOUR RIGHTS

CayeNne will respect your legal rights to your data. We shall, to the extent legally permitted, promptly notify You if We receive any requests from You to exercise the following your rights:

THE RIGHT TO BE INFORMED

We are publishing this Privacy Policy to keep you informed as to what we do with your personal information. We strive to be transparent about how we use your data

THE RIGHT TO ACCESS

You have the right to access your information. Please contact Our Data Protection Officer if you wish to access the personal information We holds about you

THE RIGHT TO RECTIFICATION

If the information CayeNne holds about you is inaccurate or not complete, you have the right to ask us to rectify it. If that data has been passed to a third party with your consent or for legal reasons, then we must also ask them to rectify the data. Please contact our Data Protection Officer if you need us to rectify your information.

THE RIGHT TO ERASURE

This is sometimes called ‘the right to be forgotten’. If you want Us to erase all your personal data and we do not have a legal reason to continue to process and hold it, please contact our Data Protection Officer

THE RIGHT TO RESTRICT PROCESSING

You have the right to ask Us to restrict how we process your data. This means We are permitted to store the data but not further process it. We keep just enough data to make sure we respect your request in the future. If you want Us to restrict processing of your data, please contact our Data Protection Officer

THE RIGHT TO DATA PORTABILITY

CayeNne must allow you to obtain and reuse your personal data for your own purposes across services in a safe and secure way without this effecting the usability of your data. Please contact our Data Protection Officer if you want information how to port your data elsewhere/ This right only applies to personal data that you have provided to Us as the Data Controller

THE RIGHT TO OBJECT

You have the right to object to CayeNne processing your data even if it is based on Our legitimate interests, the exercise of official authority, direct marketing (including data aggregation), and processing for the purposeless of statistics. If you wish to object please contact our Data Protection Officer

THE RIGHT TO WITHDRAW CONSENT

If you have given Us your consent to process your data but change your mind later, you have the right to withdraw your consent at any time, and we will stop processing your data. If you want to withdraw your consent, please contact our Data Protection Officer

CHILDREN’S INFORMATION

CayeNne does not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through the Service. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Information on this Service. If you have reason to believe that a child under the age of 13 has provided Personal Information to CayeNne through this Service, please contact us and we will endeavor to delete that information from our databases.

LINKS TO OTHER WEBSITES

This Service may contain links to other websites not operated or controlled by CayeNne. The policies and procedures we describe here do not apply to these third party sites, nor do the links from this Service imply that CayeNne endorses or has reviewed these third party sites. We suggest contacting those sites directly for information on their privacy policies.

WE CAN DISCLOSE YOUR PERSONAL INFORMATION

We may engage and contract with third party companies (e.g., service providers) to provide services that help us with our business activities such as cloud hosting services. These third party service providers are limited to only using information as instructed to provide contracted services to us.

We may also disclose your personal information:

As required by law such as to comply with a subpoena or similar legal process. To the extent we are legally permitted to do so, we will take commercially reasonable step to notify you in the event that we are required to provide your personal information to third parties as part of a legal process. We also may be required to disclose personal information in response to lawful requests by public authorities, including requests from national security or law enforcement authorities.

When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a written government request.

If we become involved in a merger, acquisition, or any form of sale of some or all of its assets. In the event of a merger, acquisition, or any form of sale of some or all of Our assets, we will ensure that the acquiring organization agrees to protect personal information in accordance with the commitments we have made in this Privacy Policy and that the acquiring organization will provide notice before personal information, customer information, or business information becomes subject to a different privacy notice.

We will share your personal information with third parties only in the ways that are described in this Privacy Policy. We do not otherwise sell your personal information to third parties.

STEPS WE TAKE TO PROTECT YOUR PRIVACY

CayeNne takes reasonable steps to protect the Personal Information provided via the Service from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.

TRANSFERRING PROTECT OUTSIDE OF EUROPE

As part of the services offered to you through this website, the information which you provide to us may be transferred to countries outside the European Union (“EU”). By way of example, this may happen if any of our servers are from time to time located in a country outside of the EU. These countries may not have similar data protection laws. By submitting your personal data, you’re agreeing to this transfer, storing or processing. If we transfer your information outside of the EU in this way, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this Policy.

If you use our services while you are outside the EU, your information may be transferred outside the EU in order to provide you with those services.

CHANGES TO PRIVACY POLICY

We may occasionally modify this Privacy Policy. When we do, we will let you know by changing the “last updated” date within this Privacy Policy, and your continued use of the Service shall indicate your agreement with the terms of the revised Privacy Policy.

QUESTIONS

Again, if you have feedback, comments, or questions about this Privacy Policy you can contact us anytime at [email protected].

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