You must be at least 18 years of age to create an account on Cucu and use the Service. By creating an account and using the Service, you represent and warrant that:
- – you can form a binding contract with Cucu,
- – you are not a person who is barred from using the Service under the laws of South Africa or any other applicable jurisdiction,
- – you will comply with this Agreement and all applicable national and international laws,rules and regulations, and
- – you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
- Your Account.
In order to use Cucu, you may sign in using your email or Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Cucu users.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Cucu, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact help@Cucu.xyz.
- Service and Termination.
You may terminate your account at any time, for any reason,by following the instructions in “Settings” in the Service, however you will need to manage your in-app purchases through your mobile device platform (e.g.Google Play) to avoid additional billing.
Cucu may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination,you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Cucu: Section 5, Section 6, and Sections 13 through 20.
- Safety; Your Interactions with Other Users.
Though Cucu strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT CUKU DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. CUKU MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. CUKU RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT CUKU MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES)AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
- Rights Cucu Grants You.
Cucu grants you a personal, worldwide, royalty-free,non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting youuse and enjoy the Service’s benefits as intended by Cucu and permitted by this Agreement. Therefore, you agree not to:
- – use the Service or any content contained in the Service for any commercial purposes without our written consent.
- – copy,modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Cucu’s prior written consent.
- – express or imply that any statements you make are endorsed by Cucu.
- – use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve,index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- – use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- – upload viruses or other malicious code or otherwise compromise the security of the Service.
- – forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- – “frame”or “mirror” any part of the Service without Cucu’s prior written authorization.
- – use meta tags or code or other devices containing any reference to Cucu or the Service(or any trademark, trade name, service mark, logo or slogan of Cucu) to direct any person to any other website for any purpose.
- – modify,adapt, sub-license, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- – use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
- – use,access, or publish the Cucu application programming interface without our written consent.
- – probe,scan or test the vulnerability of our Service or any system or network.
- – encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service,including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
- Rights you Grant Cucu.
By creating an account, you grant to Cucu a worldwide,transferable, sub-licensable, royalty-free, right and license to host, store,use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available(collectively, “post”) on the Service or transmit to other users (collectively,“Content”). Cucu’s license to your Content shall be non-exclusive, except that Cucu’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Cucu would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Cucu can prevent the use of your Content outside of the Service, you authorize Cucu to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. §512(c)(3) (i.e., DMCA Take down Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to 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 Cucu users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Serviceand grant the license to Cucu above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives,you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for Cucu allowing you to use the Service,you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Cucu regarding our Service, you agree that Cucu may use and share such feedback for any purpose without compensating you.
You agree that Cucu 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 (v) protect the rights,property or personal safety of the Company or any other person.
- Community Rules.
By using the Service, you agree that you will not:
- – use the Service for any purpose that is illegal or prohibited by this Agreement.
- – use the Service for any harmful or nefarious purpose.
- – use the Service in order to damage Cucu.
- – spam,solicit money from or defraud any users.
- – impersonate any person or entity or post any images of another person without his or her permission.
- – bully,“stalk,” intimidate, assault, harass, mistreat or defame any person.
- – post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- – post any Content that is hate speech, threatening, sexually explicit or pornographic;incites violence; or contains nudity or graphic or gratuitous violence.
- – post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- – solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- – use another user’s account.
- – create another account if we have already terminated your account, unless you have our permission.
Cucu reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Cucu regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
- Other Users’ Content.
Although Cucu reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Cucu cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via help@Cucu.xyz.
In App Purchases. From time to time, Cucu may offer product sand services for purchase (“in app purchases”) through Google Play or other application platforms authorized by Cucu (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for inapp purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period,your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Cucu application from your device. Deleting your account on Cucu or deleting the Cucu application from your device does not cancel your subscription; Cucu will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
Cucu Online Purchases.
If you choose to make a purchase through Cucu Online, you agree to pay Cucu all charges at the prices displayed to you for the service(s)you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Cucu to charge your chosen payment provider (your“Payment Method”). Cucu may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Cucu may terminate your account immediately in its sole discretion.
If you purchase a subscription through Cucu Online, your subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to “My Profile”on Cucu Online and follow the instructions. If you cancel your subscription,you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
You may edit your Payment Method information by visiting Cucu Online and going to “My Profile.” If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided byyour credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to Cucu will be through MTCH Technology Services Limited.
Super Likes and Other Virtual Items. From time to time, you may be able to purchase, with “real world” money, a limited, personal,non-transferable, non-sublicensable, revocable license to use “virtual items,”including but not limited to Super Likes (collectively, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value,but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement,when Cucu ceases providing the Service or your account is otherwise closed or terminated. Cucu, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Cucu may manage, regulate, control, modify or eliminate Virtual Items at any time. Cucu shall have no liability to you or any third party inthe event that Cucu exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTION’S OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by Cucu that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT CUKU ISN’T REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED,WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
- Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- – an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- – a description of the copyrighted work that you claim has been infringed;
- – 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 us to find the alleged infringing material);
- – your contact information, including address, telephone number and email address;
- – 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
- – 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.
CUKU PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE”BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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, MERCHANT ABILITY,FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CUKU DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE,(B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
CUKU TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
CUKU DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.
- Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Cucu is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Cucu is not responsible or liable for such third parties’ terms or actions.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUKU, ITS AFFILIATES, EMPLOYEES, LICENCORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS,WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III)UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF CUKU HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL CUKU’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO CUKU DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST CUKU, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED(WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 15 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
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.
- Governing Law.
Except where our arbitration agreement is prohibited by law,the laws of South Africa, without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with Cucu. Notwithstanding the foregoing, the Arbitration Agreement in Section 16 above shall be governed by the Federal Arbitration Act.
- Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Cucu, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in anyway to your access to or use of the Service, your Content, or your breach of this Agreement.
- Entire Agreement; Other.