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CEEYOU TERMS OF SERVICE

Effective Date: November 30, 2023

 

Last updated: November 30, 2023

 

 

1. Acknowledgement and Acceptance of Terms

2. Access and Use of the Cee You Service

3. Conditions of Access and Use

4. Contribution License

Software and Mobile Services:

5. Social Media

6. Advertisers

7. Intellectual Property (IP)

8. Governing Law

9. Arbitration Agreement

10. User Disputes

11. Suspension or Termination

12. Disclaimer

 

Acknowledgement and Acceptance of Terms

 

Welcome to Cee You! Cee You Pty Ltd ('we,' 'us,' or 'our') offers a range of services and content through our mobile applications and associated technologies ('Mobile Apps') and website located at www.ceeyouapp.com (the 'Site') (collectively, the 'Services'). These Terms of Service (the 'Terms') govern your access and use of the Service. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Cee You Pty Limited , concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. These Terms of Service (including the incorporated terms by reference) constitute the complete agreement between you and Cee You governing your access and use of the app and website, replacing any prior agreements between you and Cee You regarding the app and website. Additional terms and conditions may apply when using external services, content, or software.

 

Changes to the Terms: We may, at our sole discretion, modify or update these Terms from time to time. Any changes will be posted on this page, and the date of the last revision will be indicated at the top. You can access the most current version of the Terms by visiting the 'Terms of Service' link in your Mobile App or on the Site. We will also inform you of any material changes through the Service user interface, a pop-up notice, email, or other reasonable means. Your continued use of the Service after such changes become effective constitutes your acceptance of the updated Terms. We recommend regularly reviewing the Terms of Service to stay informed of any revisions. If you disagree with these Terms or any future modifications, please refrain from accessing or using the Service.

 

Important Legal Information: PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO RESOLVE DISPUTES THROUGH ARBITRATION AND OTHER IMPORTANT LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT ANY CLAIMS AGAINST US TO BINDING AND FINAL ARBITRATION. FURTHERMORE: (1) YOU WILL ONLY BE ABLE TO PURSUE CLAIMS AGAINST CEE YOU ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; AND (3) YOU MAY NOT HAVE YOUR CLAIMS AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

 

Respecting Your Privacy: At Cee You, we highly value the privacy of our users. For detailed information on how we collect, use, and disclose personal data and other data, please refer to our Privacy Policy, available on our Mobile App or our website. By using the Service, you consent to our collection, use, and disclosure of personal data and other data as described in the Privacy Policy.

 

Additional Terms: Certain features offered through the Service may be subject to additional terms and conditions, which will be posted on or within the Service. By using such features, you agree to be bound by any additional terms applicable to them. All such additional terms are hereby incorporated into these Terms of Service by reference.

 

Access and Use of the Cee You Service

 

Service Description: The Cee You Service is a dedicated platform designed to facilitate coordination, planning, and engagement among attendees of social events.

 

Our Services: The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

 

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

 

Your Registration Obligations: You may access limited features of Cee You without registration however to access and utilize most features of the Service, registration with Cee You is mandatory. During the registration process, you must provide a valid email. You are responsible for safeguarding your account with Cee You and should not share your password with others. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.All registration data and information provided are subject to our Privacy Policy. The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

 

User Representations: By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorised purpose; and (8) your use of the Services will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

 

Text Messaging: By using the Service, you consent to receive text messages, SMS, and/or MMS messages from Cee You, its affiliates, or partners for marketing, informational, or other purposes. If you no longer wish to receive these messages, you can cancel them by replying 'STOP' for cancellation or 'HELP' for customer support information. Standard message and data rates from your carrier may apply to the text messages, SMS, or MMS messages you send or receive. Certain mobile features may be restricted or incompatible with your carrier or mobile device. Cee You is not liable for any delays, failures to receive, or other issues related to the transmission or compatibility of these messages. For any concerns regarding your mobile data and messaging plan, please contact your mobile carrier.

 

Emails: By using the Service, you consent to receive emails from Cee You, its affiliates, or partners for marketing, informational, or other purposes. If you no longer wish to receive these emails you can cancel them by unsubscribing from the emails or emailing customer support to unsubscribe.

 

Modifications to the Service: Cee You reserves the right to modify or discontinue the Service, either temporarily or permanently, with or without notice. You agree that Cee You shall not be held liable to you or any external for any modifications, suspensions, or discontinuations of the Service.

 

General Practices Regarding Use and Storage: Cee You may establish general practices and limitations concerning the use of the Service, including the duration for which data or other content will be retained and the maximum storage space allocated on Cee You's servers or external service providers' servers. Cee You bears no responsibility or liability for the deletion or failure to store any data or content maintained or uploaded through the Service. Accounts that remain inactive for an extended period may be terminated. Cee You also reserves the right to modify these general practices and limitations at its sole discretion, with or without notice.

 

Conditions of Access and Use

 

User Conduct: You are solely responsible for any content you make available to Cee You, including by uploading, posting, publishing, or displaying ('uploading') content through the Service or sharing it with other users via the app, website, email, SMS messaging, or any other means ('User Content'). To maintain a positive user experience, the following examples illustrate prohibited content and uses within the Service. Cee You reserves the right to investigate and take appropriate legal action, including the removal of offending content, suspension or termination of violators' accounts, and reporting violations to law enforcement authorities. 


 

Prohibited Activities: You agree not to use the Service to:

  • Upload or make available any content that infringes or violates intellectual property rights, publicity rights, proprietary rights, or privacy rights of any party.

  • Upload content that you do not have the right to upload under applicable laws or contractual or fiduciary relationships.

  • Sharing content that contains software viruses or any other malicious computer code designed to disrupt or damage computer software, hardware, or telecommunications equipment.

  • Creating or posing a privacy or security risk to any individual.

  • Sending unsolicited or unauthorized advertising, promotional materials, commercial activities, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' 'contests,' 'sweepstakes,' or any other form of solicitation.

  • Sending messages related to prohibited substances or activities based on the applicable jurisdiction

  • Sharing content that is harmful, threatening, false, misleading, fraudulent, abusive, exploitative, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, discriminatory, hateful, or objectionable in any way.

  • Creating content specifically designed to evade filters, including intentionally misspelled words, non-standard opt-out phrases, or 'snowshoeing' (spreading similar messages across multiple phone numbers to evade detection).

  • Interfering with or disrupting the service, servers, or networks connected to the app, or failing to comply with any requirements, procedures, policies, or regulations.

  • Violating any local, state, national, or international laws or regulations.

  • Impersonating any person or entity or misrepresenting your affiliation with others.

  • Soliciting personal information from anyone under the age of 18.

  • Harvesting or collecting contact information from users for unsolicited communications or unauthorized purposes.

  • Advertising or conducting unauthorized business transactions.

  • Promoting criminal activities or providing instructions for illegal actions.

  • Attempting to access or obtain content or information through unauthorized means.

  • Circumventing, removing, altering, deactivating, degrading, or bypassing any content protections or geographic restrictions on the app, including the use of virtual private networks (VPNs).

  • Engaging in data mining, robots, scraping, or similar methods of gathering or extracting information.

  • Implementing measures to bypass any blocking imposed by CeeYou, such as masking IP addresses or using proxy IP addresses or VPNs.

 

 

By using the CeeYou app, you agree to comply with these guidelines and ensure a safe and enjoyable experience for all users.

 

Furthermore, as a user of our event app, please take note of the following terms and conditions regarding user content:

 

  1. You represent and warrant that the creation, distribution, transmission, public display, accessing, downloading, or copying of your User Content does not and will not infringe upon any external proprietary rights, including copyrights, patents, trademarks, trade secrets, or moral rights.

  2. You confirm that you are the rightful creator and owner of the User Content or possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users of the Site to utilize your User Content in line with the Site and these Terms of Service.

  3. You have obtained written consent, release, and/or permission from each identifiable individual person featured in your User Content to use their name or likeness, allowing inclusion and utilization of your User Content in accordance with the Site and these Terms of Service.

  4. Competitor Restrictions: No employee, independent contractor, agent, or affiliate of any competing event planning platform company is allowed to access, view, or use any part of the Service without explicit written permission from Cee You. By accessing, using, or viewing the Service, you confirm and guarantee that you are not a competitor of Cee You, its affiliates, or acting on behalf of a Cee You competitor while using or accessing the Service.

 

Additionally, please note the following:

  1. Commercial Use: Unless expressly authorized herein or within the Service, you agree not to engage in commercial activities such as displaying, distributing, licensing, performing, publishing, reproducing, duplicating, creating derivative works from, modifying, selling, reselling, granting access to, transferring, or otherwise exploiting any portion of the Service for commercial purposes. The Service is intended for personal use only.


 

User Generated Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

  • You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or rule.

  • Your Contributions do not violate the privacy or publicity rights of any third party.

  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

 

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

 

Contribution License 

 

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.

 

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Software and Mobile Services:

At Cee You, we provide a range of services that can be accessed through your mobile device, known as the 'Mobile Services.' These services include the ability to upload content, browse the app and website, and access features and content through our Mobile App. Please note that your wireless service carrier may apply standard charges, data rates, and additional fees when accessing the Service through a mobile device. Moreover, certain Mobile Services may be restricted or prohibited by your carrier, and compatibility with all carriers and devices cannot be guaranteed.

 

Mobile App License: If you access the Services via the Website or the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Services on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

 

Apple and Android Devices: The following terms apply when you use the Website or App obtained from either the Apple Store or Google Play (each an 'App Distributor') to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a 'terrorist supporting' country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

 

Ownership; Restrictions: The technology and software powering the Service, including the Mobile Apps ('Software'), belong to Cee You, its affiliates, and its licensors. You agree not to copy, modify, create derivative works, reverse engineer, sell, assign, sublicense, or transfer any rights in the Software. Cee You reserves all rights not expressly granted in these terms of service.

 

External Services Distribution Channels: Cee You offers Software that may be available through the Apple App Store, the Google Play Store, or other distribution channels ('Distribution Channels'). If you obtain our Software through a Distribution Channel, additional terms from that Distribution Channel may apply. These terms of service solely apply to your agreement with Cee You and not to any agreements with the Distribution Channel. If you use any external products or services in connection with our Service, you must comply with the applicable terms and agreements for those products or services.

 

Apple-Enabled Software: In addition to the terms and conditions stated in these terms of service, the following terms and conditions apply when using Mobile Apps associated with an Apple-branded product ('Apple-Enabled Software'):

  • Both Cee You and you acknowledge that these Terms of Service are solely between Cee You and you, and not with Apple Inc. ('Apple'). It is understood that Cee You, not Apple, is responsible for the Apple-Enabled Software and its content.

  • You agree to use the Apple-Enabled Software in compliance with the Usage Rules set forth in the Apple Media Services Terms and Conditions. Any use of the Apple-Enabled Software that violates these rules or conflicts with them is strictly prohibited.

  • Your license to use the Apple-Enabled Software is non-transferable and limited to iOS products that you own or control, as permitted by the Usage Rules defined in the Apple Media Services Terms and Conditions. However, the Apple-Enabled Software can be accessed and used by other accounts associated with the purchaser through Apple's Family Sharing or volume purchasing programs.

  • Apple is not obligated to provide any maintenance or support services for the Apple-Enabled Software. Additionally, Apple is not responsible for any product warranties, whether implied or expressed by law. If the Apple-Enabled Software fails to meet any applicable warranty, you may notify Apple for a refund of the purchase price, if any.

  • Apple's warranty obligations are limited to this refund, and Cee You assumes sole responsibility for any other warranty obligations to the extent permitted by applicable law.

  • Cee You and you acknowledge that Cee You, not Apple, is responsible for addressing any claims related to the Apple-Enabled Software, including product liability claims, non-compliance with legal or regulatory requirements, and claims arising from consumer protection, privacy, or similar legislation.

  • In case of any external claim regarding infringement of intellectual property rights by the Apple-Enabled Software or your use of it, Cee You, not Apple, is solely responsible for investigating, defending, settling, and resolving such claims.

  • You confirm and guarantee that you are not located in a country under any U.S. Government embargo or designated as a 'terrorist supporting' country. Furthermore, you are not listed on any Government lists of prohibited or restricted parties.

  • If you have any questions, complaints, or claims regarding the Apple-Enabled Software, please direct them to admin@ceeyouapp.com.

  • When using the Apple-Enabled Software, such as your wireless data service agreement, you are required to comply with applicable external service providers terms of agreement.

  • Cee You and you acknowledge and agree that Apple, along with its subsidiaries, are external services beneficiaries of these Terms of Service in relation to the Apple-Enabled Software. By accepting the terms and conditions of these Terms of Service, you acknowledge that Apple has the right (and will be considered to have accepted such right) to enforce these Terms of Service against you as an external beneficiary regarding the Apple-Enabled Software.

Social Media

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a 'Third-Party Account') by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the 'Social Network Content') so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

 

Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

 

Intellectual Property (IP)

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').

 

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

 

The Content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

 

Service Content: You acknowledge and agree that the Cee You app may contain content or features ('Service Content') that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Unless expressly authorized by Cee You, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the app or the Service Content, in whole or in part. However, this restriction does not apply to your own User Content (as defined below) that you upload or make available through the Cee You app in accordance with these Terms of Service. Any use of the app or the Service Content other than as specifically authorized herein is strictly prohibited.

 

External Content: Cee You will not be liable in any way for any content or materials provided by external parties, including users of the app. This includes any errors or omissions in such content and any loss or damage incurred as a result of using such content. Cee You does not pre-screen content but reserves the right, at its sole discretion, to refuse or remove any content available via the app. This includes content that violates these Terms of Service or is otherwise deemed objectionable by Cee You. You understand and agree that you must evaluate and assume all risks associated with the use of any content, including relying on its accuracy, completeness, or usefulness.

 

Trademarks: The name and logos of Cee You are trademarks and service marks of Cee You (collectively the 'Cee You Trademarks'). Other company, product, and service names and logos used and displayed via the app may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with Cee You. Nothing in these Terms of Service or the app should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Cee You Trademarks displayed on the app, without our prior written permission in each instance. All goodwill generated from the use of Cee You Trademarks will belong exclusively to Cee You.

 

User Content: You represent and warrant that you own all rights, including copyrights and rights of publicity, to the User Content you upload or provide through the Cee You app. By doing so, you grant Cee You and its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content.  This license is granted for the operation of the app and the promotion, advertising, or marketing of the app in any form, medium, or technology now known or later developed. You are solely responsible for the accuracy, quality, legality, and appropriateness of your User Content and assume all associated risks.You authorize Cee You and its external service providers to collect statistical and usage data relating to your use of the app ('Usage Data'). Usage Data may be used for any purpose in accordance with applicable law and the Cee You Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the app ('Submissions') provided by you to Cee You are non-confidential. Cee You will have the unrestricted right to use and disseminate these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

 

You acknowledge and agree that Cee You may preserve User Content and disclose it if required by law or in good faith belief that such preservation or disclosure is reasonably necessary to:

1.     comply with legal process, applicable laws, or government requests;

2.     respond to claims of content infringement or violation of external rights;

3.     protect the rights, property, or personal safety of Cee You, its users, or the public; or

4.     enforce these Terms of Service

 

You acknowledge that the technical processing and transmission of the app's Service, including your User Content, may involve (i) transmissions over different networks and (ii) modifications to conform and adapt to the technical requirements of connecting networks or devices.

 

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution.

 

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

 

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

 

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

 

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

  • confirm that you have read and agree with our ‘Prohibited Activities’ and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

  • to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;

  • warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and

  • warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

 

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

 

Copyright Infringements: Cee You values the intellectual property rights of others, and we expect our users to do the same. If you believe that your work has been copied in a manner that constitutes copyright infringement or if your intellectual property rights have been otherwise violated, please email us and submit a notification of claimed copyright infringement at admin@ceeyouapp.com with the subject line 'Copyright Infringement Takedown Request'. We will then send you a procedure to follow and we will promptly investigate and address notices of alleged infringement with applicable intellectual property laws.

 

Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice email to admin@ceeyouapp.com with the subject line 'Counter- Notice Infringement' and we will then send you a procedure to follow and the information we require. Once we receive this information, Cee You will provide a copy of the counter-notice to the original complainant, notifying them that Cee You may reinstate the removed content or cease disabling it within ten (10) business days. Unless the owner of the relevant copyrighted work or other intellectual property files a legal action seeking a court order against Cee You or the user, the removed content may be reinstated or access to it restored within seven (7) to seventeen (17) business days or longer after receiving the counter-notice, at our sole discretion.

 

Continuous Infringement: Cee You has implemented a continuous infringement Policy in compliance with relevant laws. At Cee You’s sole discretion, we may terminate the accounts of users who are identified as repeat infringers. Additionally, Cee You reserves the right, at its sole discretion, to restrict access to the Service and/or terminate the accounts of any users who infringe upon the intellectual property rights of others, regardless of whether it constitutes repeat infringement.

 

External service providers and online platforms: Cee You acknowledges that the Service may offer links or other means of accessing services, websites, technologies, and resources provided by external service providers (referred to as 'External Services') Your use of these external services may be subject to additional terms and conditions, privacy policies, or other agreements with the respective external service providers or external parties. To utilise these, you may need to authenticate or create separate accounts on the websites or platforms provided by these external service providers. Some External Services may grant us access to certain information you have shared with them, including through those services. We will handle, store, and disclose such information in accordance with our Privacy Policy. For a comprehensive understanding of the implications of activating external service providers and our use, storage, and disclosure of your information in connection with these services within Cee You, please refer to our Privacy Policy. Cee You exercises no control over, and assumes no responsibility for, External Services. This includes the accuracy, availability, reliability, or completeness of information shared or available through such External Services, as well as the privacy practices of these services. We strongly advise you to review the privacy policies of the external parties providing the External Services before using them. It is your sole responsibility to bear any costs and charges associated with your use of any External Services. Cee You offers the integration or inclusion of these External Services solely as a convenience and does not imply endorsement or recommendation. Any interactions or transactions you have with external parties while using the Service are strictly between you and the external party. Cee You will not be held responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any External Services.

 

Indemnification: Subject to the extent allowed by applicable law, you hereby agree to protect, compensate, and release Cee You, its affiliates, as well as its and their respective officers, employees, directors, service providers, licensors, and agents (collectively referred to as the 'Cee You Parties'), from any and all damages, liabilities, costs (including reasonable legal fees), rights, claims, lawsuits, actions, and injuries (including death) arising from or connected to your utilization of the Cee You application (including events or gatherings organized through the application), any User Content, your association with the application, your violation of these Terms of Service, or your infringement upon the rights of others. Cee You will provide you with prior notification regarding any such claims, lawsuits, or legal proceedings. Cee You reserves the exclusive right to assume the defense and control of any matter subject to indemnification under this provision, and you agree to cooperate with any reasonable requests made by Cee You to support its defense in such matters. Settlement or compromise of any claim against the Cee You Parties requires the prior written consent of Cee You and cannot be undertaken without it.

 

 

Warranties: Your utilisation of the Cee You app or website is solely at your own risk. The website and app is provided on an 'as is' and 'as available' basis. The Cee You Parties explicitly disclaim all warranties of any kind, whether expressed, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Cee You Parties provide no guarantee that: (a) the app or website will meet your specific requirements; (b) the app or website will operate without interruptions, be timely, secure, or error-free; (c) the outcomes derived from using the app or website will be accurate or reliable; or (d) the quality of any products, services, information, or other materials obtained through the app or website will meet your expectations.

 

Limitations of Liability: IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO 100. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. You explicitly comprehend and agree that the Cee You Parties shall not be held liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits, including damages for loss of goodwill, use, data, or other intangible losses (even if the Cee You Parties have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, arising from: (A) unauthorized access to or alteration of your transmissions or data; (B) the use or inability to use the Cee You app or website; (C) the cost of procuring substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the app or website; (E) personal injury or property damage of any nature whatsoever resulting from your access to and use of the services; (F) any other matter relating to the app or website (D) statements or conduct of any external party on the app or website. In no event shall the total liability of the Cee You Parties to you for all damages, losses, or causes of action exceed the amount you have paid Cee You in the last six (6) months, or, if greater, two hundred dollars ($100).

 

Some jurisdictions do not permit the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the aforementioned limitations may not apply to you or may not be enforceable in your case. If you are dissatisfied with any portion of the app or website or these Terms of Service, your sole and exclusive remedy is to discontinue the use of the app or website.

Governing Law 

 

These Legal Terms shall be governed by and defined following the laws of Australia. Cee You Pty Limited and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.The failure of Cee You to enforce any right or provision in these Terms of Service does not constitute a waiver of that right or provision. If any provision of these Terms of Service is found invalid by a court of competent jurisdiction, the parties agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that any claim or cause of action arising from the use of the app or website or these Terms of Service must be filed within twelve (12) months after the claim or cause of action arises, or it will be forever barred. A printed version of these Terms of Service and any electronically provided notices will be admissible in judicial or administrative proceedings to the same extent as other business documents and records in printed form. You may not assign these Terms of Service without prior written consent from Cee You, but Cee You may assign or transfer these Terms of Service, in whole or in part, without any restrictions. The section titles in these Terms of Service are for convenience only and do not have any legal or contractual effect. The words 'include' and 'including' and their variations should not be considered as terms of limitation but rather followed by the words 'without limitation.' Notices to you may be sent via email, SMS, or regular mail. The website or app may also provide notices of changes to these Terms of Service or other matters by displaying notices or links on the app. Cee You will not be in default under these Terms of Service due to any failure or delay in performance caused by circumstances beyond its reasonable control, such as civil disturbances, epidemics, hostilities, natural disasters, acts of God, power or network access issues, or any other events or causes beyond Cee You's control.

 

Arbitration Agreement

 

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

 

1.    Agreement to Resolve Disputes

This Dispute Resolution by Binding Arbitration section, referred to as the 'Arbitration Agreement,' applies to any disputes or claims that have arisen or may arise between you and Cee You. These disputes may relate to these Terms of Service, the Cee You app or website, any advertising, or any aspect of the relationship or transactions between us. You agree that these disputes will be resolved exclusively through final and binding arbitration, except for individual claims that qualify for small claims court. You and Cee You waive the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs this Arbitration Agreement.

 

2.    Prior Resolution of Disputes

We encourage resolving disputes amicably, and most concerns can be addressed by contacting customer support. If unsuccessful, the party seeking arbitration must send a written Notice of Dispute to the other party. If the claim remains unresolved after thirty (30) days, either party may commence

 

3.    Individual Claims and Non-Class Relief

Both you and Cee You agree to bring claims against each other only on an individual basis and not as part of any class or representative action or proceeding. The arbitrator may not consolidate or join multiple claims or parties, and may only award relief to the individual party seeking it.

arbitration.

 

4.    Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the relevant Arbitration rules and procedures of the applicable jurisdiction. The jurisdiction of the arbitration will be chosen at the sole discretion of Cee You. The arbitrator's written decision will explain the findings and conclusions on which the award is based and the arbitrator's decisions and awards are enforceable in court.

 

5.    Arbitration Costs

Arbitration fees will be governed by the applicable jurisdiction Rules, with costs shared equally. Cee You may also cover fees to prevent the arbitration from being cost-prohibitive.

 

6.    Severability

If any term or provision of this Arbitration Agreement (excluding subsection (b)) is deemed invalid or unenforceable, it will be replaced with a valid provision that best reflects the original intention. If subsection (b) is found invalid or unenforceable, the entire Arbitration Agreement will be null and void.

 

7.    Confidentiality

All arbitration proceedings, rulings, decisions, and awards will be strictly confidential.

 

8.    Future Changes to Arbitration Agreement

If Cee You makes any future changes to this Arbitration Agreement, you have the right to reject such changes by providing written notice within thirty (20) days. By rejecting changes, disputes between us will be resolved according to the Arbitration Agreement at the time of your initial acceptance of these Terms of Service.

 

User Disputes

 

You agree that you are solely responsible for your interactions with other users in connection with the Cee You app or website, and Cee You shall have no liability or responsibility in relation to such interactions. Cee You reserves the right, but is not obligated, to get involved in any disputes between you and other users of the app or website.

 

 
Suspension or Termination

 

You acknowledge that Cee You, at its sole discretion, has the right to suspend or terminate your account (or any part thereof) or your use of the Cee You app or website. This includes the removal and deletion of any content within the app or website, for any reason, including lack of use or if Cee You believes that you have violated or acted inconsistently with these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination may be reported to the appropriate authorities. Cee You may also discontinue providing the app or website, or any part thereof, at its sole discretion and without prior notice. You agree that termination of your access to the app or website under any provision of these Terms of Service may be done without prior notice. You acknowledge and agree that Cee You may immediately deactivate or delete your account, as well as all related information and files, and may bar any further access to such files or the app or website. Furthermore, you agree that Cee You shall not be liable to you or any external for any termination of your access to the app or website.

 

Disclaimer 

 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

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