Cute! Terms of Use
The Cute! User Agreement consists of these Terms of Use , our Privacy Policy , the Cute! Rules and Policies, and all associated policies.
Cute! Terms of Use
These Terms of Use (“Terms”) govern your access to and use of our services, including our various current and future websites, SMS, APIs, email notifications, applications, buttons, widgets, advertisements, transaction services, and our other covered services that link to these Terms (collectively, the “Services”), as well as any information, text, links, graphics, photos, sounds, videos or other materials or combinations of materials downloaded from or appearing on the Services (collectively, the “Content”). By using the Services, you agree to be bound by these Terms.
1. Who can use the Services?
You may use the Services only if you agree to enter into a binding contract with Cute! and are not otherwise prohibited from receiving such services under the laws of the country or territory in which you reside. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words "you" and "your" as used in these Terms shall refer to such entity.
2. Confidentiality
Our Privacy Policy describes how we treat information that you provide to us when you use our Services. You acknowledge that by using the Services, you consent to our collection and use (subject to the terms of the Privacy Policy) of such information, including where such information is transferred to other countries for storage, processing or use by Cute! or its affiliates.
3. Content of the Services
You are responsible for your use of the Services and any Content you provide, including compliance with applicable laws, rules and regulations. You should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials displayed through or obtained through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or information posted through the Services, or endorse any opinions expressed through them. You understand that by using the Services, you may be exposed to Content that may be offensive, harmful, inaccurate or inappropriate, or in some cases, messages that may be misdirected or misleading. All Content is the sole responsibility of the person who created it. We do not necessarily monitor or control all Content posted through the Services, and we cannot assume responsibility for it.
We reserve the right to remove any Content that violates our rules or the User Agreement, such as copyright or trademark infringement or other misappropriation of intellectual property rights, impersonation, illegal conduct, or harassment.
Your Rights and Grant of Rights to Content
You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours. You own your Content (which includes your embedded sounds, photos and videos - coming soon).
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (including the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any media and by any distribution method now known or later developed (for clarity, these rights include, for example, the rights to preserve, transform and translate). This license allows us to make your Content available to the rest of the world and allows others to do the same. You agree that this license includes the right for Cute! to provide, promote and improve the Services and to make Content submitted on or through the Services available to other companies, organizations or individuals, for the purposes of syndicating, broadcasting, distributing, re-cutting, promoting or publishing such Content on other media and services, subject to our terms governing use of such Content. Cute!, or such other companies, organizations or individuals, may use the Content that you have submitted, published, transmitted or otherwise made available via the Services without you being able to claim any compensation for this Content, given that it is hereby agreed that your use of the Services constitutes sufficient compensation for the Content and grant of the rights cited in this provision.
Cute! has an evolving set of rules governing how ecosystem partners may interact with your Content on the Services. These rules exist to enable an open ecosystem that respects your rights. You understand that we may modify or adapt your Content as we or our partners distribute, syndicate, publish or broadcast it, and/or make changes to your Content to adapt it to different media.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, authorizations, power and/or authority necessary to grant the rights granted herein for any Content you submit, post or display on or through the Services. You agree that such Content does not contain any material that is subject to copyright or other proprietary rights, unless you have the necessary permission or otherwise have the legal right to post the material and grant Cute! the license described above.
4. Use of the Services
We invite you to read the Rules and Policies of Cute! which are an integral part of the User Agreement and which define what is prohibited within the framework of the Services. You may use the Services only on the condition that you comply with these Terms and all applicable laws, rules and regulations.
Our Services are constantly evolving. As such, the Services may be modified from time to time, at our sole discretion. We may cease (temporarily or permanently) providing the Services or any functionality thereof to you or users generally. We also reserve the right to set usage and storage limits at any time and in our sole discretion. We may also remove or refuse to distribute any Content on the Services, restrict the distribution or visibility of any Content on the service, or suspend or terminate a user and reclaim usernames, without incurring any liability to you. Cute! may offer certain services or features for a fee; by paying for or using any of these services, you agree to the additional terms applicable to that service.
In consideration of Cute!'s right to access and use the Services, you agree that Cute! and its third party providers and partners may serve advertisements on the Services, or in connection with the display of Content or information from the Services submitted by you or others. You also agree not to misuse our Services, such as disrupting them or attempting to access them through any method other than through the interface and instructions we provide. While accessing or using the Services, you may not: (i) access, tamper with, or use non-public areas of the Services, Cute!'s computer systems, or the technical delivery systems used by Cute!'s providers; (ii) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures; (iii) search for, access, or attempt to search or access the Services by any means (whether automated or not) other than through interfaces currently available, developed, and provided by Cute! (subject to the then-current terms and conditions), unless you have been expressly authorized to do so under a separate agreement with Cute! (NOTE: crawling [systematic indexing] of the Services is permitted if done in accordance with the provisions of the robots.txt file; however, scraping [extraction for exploitation] of the Services without the prior consent of Cute! is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or otherwise use the Services to send altered, deceptive, or false source identifiers; (v) interfere with or disrupt (or attempt to do so) any user's, host's, or network's access to the Services, including, without limitation, by means of sending viruses, overloading, flooding, spamming, mailbombing, or executing scripts to create Content in a manner that disrupts or overwhelms the Services. We also reserve the right to access, read, preserve, and disclose any information to the extent we believe it is necessary to: (i) satisfy any applicable legal or regulatory obligation, legal process, or governmental request; (ii) enforce the Terms, including assisting in the investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; and (v) protect the rights, property, or safety of Cute!, its users, and the public. Cute! does not disclose any personal data to third parties, unless permitted by our Privacy Policy .
If you use any developer features of the Services, you agree to the terms of our Developer Agreement and Developer Policy. If you want to reproduce, modify, create derivative works from, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or the Content available on the Services, you must use the interfaces and instructions we provide, except to the extent permitted by the Cute! Services, these Terms.
Your Account
You will need to create an account to use some of our Services. You are responsible for protecting your account, so please use a strong password and limit its use to that account. We will not be liable for any loss or damage that may arise from your failure to comply with the above.
You can control most communications from the Services. We may send you certain information, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not have the option to opt out of receiving them. If you have associated your phone number with your account and then change or deactivate that phone number, you will need to update your account information so that we do not send messages to the new owner of your old number.
Your License to Use the Services
Cute! grants you a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the software provided to you as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the Services provided by Cute! in accordance with these Terms.
The Services are protected by copyright, trademark and other laws in effect in Quebec, Canada and other countries. Nothing in these Terms shall give you any right to use the Cute! name, trademarks, logos, domain names, other distinctive attributes and exclusive rights of the Cute! brand. All right, title and interest in and to the Services (except for User-Provided Content) is and shall remain the exclusive property of Cute! and its licensors. Any comments or suggestions you may make about Cute! or the Services are entirely voluntary, and we shall be free to use such comments or suggestions as we see fit and without any obligation to you.
Termination of these Terms
You may terminate your legal agreement with Cute! at any time by deactivating your accounts and ceasing to use its Services. If you would like to know what happens to your information, please review our Privacy Policy. We may suspend or terminate your account, or stop providing you with all or part of the Services, at any time, for any or no reason, including if we have reason to believe that:
(i) you have violated these Terms or Cute!’s Rules and Policies;
(ii) you create a risk for us or expose us to possible legal action;
(iii) your account must be deleted due to unlawful conduct;
iv) your account must be deleted for prolonged inactivity; or
(v) our provision of the Services to you is no longer commercially viable. We will use reasonable efforts under the circumstances to notify you at the email address associated with your account or when you next attempt to log in to your account. In any event, these Terms will terminate, including, without limitation, your license to use the Services, except that the following provisions will continue to apply: 2, 3, 5 and 6. If you believe that your account was terminated in error, you may appeal. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.
5. Warnings and Limitation of Liability
The Services are provided to you “AS IS”
If you reside outside the European Union, the EFTA States or the United Kingdom, including if you reside in the United States or Canada, you agree that Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. “Cute! Entities” means Cute!, its parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, partners and licensors. Without limiting the foregoing and to the fullest extent permitted by applicable law, THE CUTE! ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. The Cute! Entities make no warranty or representation, and hereby disclaim all liability and responsibility for:
- the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;
- any damage to your computer system, loss of data or other harm arising from your access to and use of the Services or any Content;
- the deletion of any Content or other communications stored by the Services or the failure to store or transmit them; and
- the suitability of the Services for your needs or their availability to be uninterrupted, secure or error-free. No advice or information, whether oral or written, obtained from the Cute! Entities or through the Services shall create any warranty or representation not expressly made herein.
Limitation of Liability
If you reside outside the European Union, the EFTA States or the United Kingdom, including if you reside in the United States or Canada YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CUTE! ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH (i) YOUR USE OF OR INABILITY TO USE THE CUTE! ENTITIES; OR (ii) YOUR USE OF OR INABILITY TO USE THE CUTE! ENTITIES; OR (iii) YOUR USE OF OR INABILITY TO USE THE CUTE! ENTITIES; OR (iv) YOUR USE OF OR INABILITY TO USE THE CUTE! ENTITIES; OR (v) YOUR USE OF OR INABILITY TO USE THE CUTE! ENTITIES; OR (vi) YOUR USE OF OR INABILITY TO USE THE CUTE! ENTITIES; OR (vii) YOUR USE OF OR INABILITY TO USE THE CUTE! ENTITIES; OR (viii) YOUR USE OF OR INABILITY TO USE THE CUTE! ENTITIES; OR (ix ... USE, OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF A THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) ACC IF UNAUTHORIZED, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF THE CUTE! ENTITIES EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID CUTE!, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER. THE LIMITATIONS IN THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CUTE! ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. HAVE BEEN ADVISED OR NOT OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF IT HAPPENS ERA THAT A REMEDY PROVIDED HEREIN HAS FAILED OF ITS ESSENTIAL PURPOSE.
If you reside in the European Union, EFTA States or the United Kingdom, you agree that by using the Services, the liability of Cute!, its parents, affiliates, associated companies, officers, directors, employees, agents, representatives, partners and licensors is limited to the maximum extent permitted in your country of residence.
6. General provisions
We may modify these Terms at any time. Such modifications will not be retroactive and our relationship with you will in any event be governed by the most recent version of these Terms, which you can review at any time at beta.cute-app.com . Except for changes related to new features or made for legal reasons, we will notify you 30 days before any changes are made to these Terms that affect the rights or obligations of any party to these Terms. This will be done, for example, by a notification in the Service or by email to the email address associated with your account. By continuing to access or use the Services after such changes become effective, you agree to be bound by these Terms.
If you reside outside the European Union, the EFTA States or the United Kingdom, including if you reside in Canada, the laws of Quebec will govern these Terms and any dispute between you and Cute!. All disputes relating to these Terms or the Services will be brought exclusively before the courts of Quebec or Canada, and you agree to submit to personal jurisdiction and waive any objection based on inconvenient forum.
If you are a Canadian federal, state or local government entity using the Services in your official capacity and are legally unable to agree to the above provisions regarding applicable law, jurisdiction or forum, these provisions do not apply to you. For such federal government entities, these Terms and any action related thereto will be governed by the laws of Canada (without reference to conflicts of law provisions) and, in the absence of federal law and to the extent permitted by federal law, by the laws of the Province of Quebec (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. The failure of Cute! to enforce any provision or right under these Terms will not be construed as a waiver of that provision or right.
These Terms constitute an agreement between you and Cute! L'application Inc., 10 Réal-Trépanier, St-Jean-sur-Richelieu, Qc, J2W 2A8. If you have any questions about these Terms, please feel free to contact us .
Effective date: January 1 , 2020
© 2022 Cute! The App, Inc.