TUVU's Terms of Use

Welcome to TUVU!

TUVU TM Terms of Service

Before using the website available at www.tuvu.com (the “Site”) or the TUVU mobile application (“App”), please take the time to carefully read our Terms of Service below (“Terms,” or “Agreement”). The Terms constitute a binding contract between you and TUVU.

1. Acceptance of Terms

By clicking “I agree,” creating an account, downloading the App, or using any of the various services available through the Site or App (the “Services”) offered by Potomac Technologies LLC (“TUVU,” “we,” “us,” and/or “our”), or using the Services, you, the user, acknowledge and agree to these legally binding Terms. You also agree to the TUVU Privacy Policy (“Privacy Policy”) and all supplemental policies and terms of the Services, which are incorporated by reference. If you do not agree to this Agreement, then you are not permitted to use the Services.

You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You hereby represent and warrant that:

1. you are accessing the Services solely within the United States of America and its territories (US),

2. you are at least thirteen (13) years old and you are not accessing the Services or using the Services on behalf of anyone whose age is under 13 years, and

3. you are fully able and competent to enter into a binding contract.

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.

If at any time you are not in full compliance with all foregoing provisions of this Section, you are in material violation of this Agreement and you must immediately cease all use of, and access to the Services.

2. Modification to this Agreement and the Services.

TUVU may, at its sole discretion, change these Terms, including the TUVU Privacy Policy, from time to time. If changes occur, we will notify you by posting the updates on the Site and App, or by email to the email affiliated with your account. Updated versions will never apply retroactively and will give the exact date they go into effect. We recommend that you check the Terms and Privacy Policy periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.

Additionally, TUVU reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that TUVU shall not be liable to you for any modification, suspension, or discontinuation of the Services. Some modifications may require updates to your existing third-party software on your device in order to continue to use the Services. TUVU may also impose limits on certain features and services, restrict your access to parts or all of the Services, suspend or terminate users, and revoke usernames without notice or liability.

3. License Grant

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We grant to you a limited, personal, revocable, worldwide, royalty-free, non-exclusive, and non- transferable right and license to use the Services. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services.

You must provide all equipment and software necessary to connect to the Services, including but not limited to, a mobile device that is suitable to connect with and use the Site or App. You are solely responsible for any fees, including internet connection or mobile fees, that you incur when accessing the Service.

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by TUVU, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4. Rules and Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Services are provided only for your own personal use. You are responsible for all of your activity in connection with the Services.

You understand and agree that you will not use the Services to engage in the prohibited conduct below:

You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

You shall not use the Services in any way to monitor or evaluate the availability, performance or functionality of the Services for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Services;

You shall not violate any separate agreements between you and TUVU;

You shall not attempt to use any method to gain unauthorized access to any features of the Services;

You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction;

You shall not directly or indirectly modify, translate, or otherwise create derivative works of any part of the Services;

You shall not directly or indirectly copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;

You shall not directly or indirectly take any action that imposes or may impose (as determined by TUVU in its sole discretion) an unreasonable or disproportionately large load on TUVU’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or

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automated software, devices, or other processes to scrape any page of the Site;

You shall not create a false identity on the Services, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account;

You shall not disclose information that you do not have the consent to disclose (such as confidential information of others); and

You shall not post content that: is a direct or specific threat of violence to others; is in furtherance of illegal activities; is harassing, hateful, libelous, defamatory, obscene, abusive, or constitutes spam; or is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.

If for any reason, TUVU determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

5. Collection and Use of Your Information.

All information we collect through or in connection with the Services is subject to the TUVU Privacy Policy (“Privacy Policy”). By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

6. Communications

You consent to accept and receive communications from us, including e-mail, text messages, and push notifications to any devices you link your account to. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you, and you are responsible for any charges from your carrier for text messages sent from us. Through the Services, you can control most of the communications sent to you. You may opt-out of receiving communications by following the unsubscribe options we provide to you but some transactional messages are deemed to be part of the Services. You acknowledge that opting out of receiving communications may impact your use of the Services.

7. TUVU Account

You may view basic landing page content on the Services without registering for an account, but as a condition of using certain aspects of the Services, you are required to create a TUVU account (an “Account”). You represent that the information in your Account and any other information you otherwise provide to us, is accurate, current, and complete information, and agree to update it and keep it accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/mobile device, and you hereby agree to accept responsibility for all activities, charges, and damages that occur under your account. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to TUVU immediately. You agree that you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. TUVU cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

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8. Subscriptions And Billing

Ongoing Subscription and Fees. While we offer portions of the platform for free, we charge a subscription fee to access the Services. To begin a subscription, you must provide us with one or more Payment Methods (as defined below). We will bill you in advance for your subscription. Your subscription will continue and automatically renew on a monthly or annual basis, as applicable, unless and until you cancel your subscription, or your account is otherwise suspended or terminated pursuant to these Terms. Account charges are fully earned upon payment and there are no refunds or credits for partially used months or years, as applicable. You must cancel your membership before it renews in order to avoid account charges for the next applicable billing cycle. TUVU reserves the right to change the terms of your subscription upon prior notice to you, including price, from time to time, effective as of the beginning of your next billing period following the date of the change.

Payment Method. Unless otherwise indicated, you will be required to provide a credit card or other payment method accepted by TUVU ("Payment Method"). We will charge your Payment Method a subscription fee on monthly basis, and any applicable taxes. You are solely responsible for any and all fees charged to your Payment Method.

Billing Holds. In the event of a failed attempt to charge to your Payment Method, we reserve the right to retry billing your Payment Method. In the event that you update your Payment Method to remedy a change in validity or expiration date, we will automatically resume billing you for your subscription to the Services. We may suspend or cancel your access to the Services if we remain unable to successfully charge a valid Payment Method. We also reserve the right to pursue any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

Billing Period. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. We will automatically bill your Payment Method on the later of the day you start your subscription or the day your free trial ends (if applicable), and on each recurring billing date thereafter. Your “Billing Period” is the interval of time between each recurring billing date and corresponds to the term of your subscription, whether monthly or annually. To see your next recurring billing date, log in to view your account details. You acknowledge that the timing of when you are billed and the amount billed each Billing Period may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would next be billed on February 28).

Cancellation and Refunds. Unless you sign up via a third-party service, you can cancel your subscription by logging into your account and following the instructions on your account page. You must cancel your subscription prior to 11:59 p.m. Eastern time on the day before your next recurring billing date in order to avoid being charged. If you cancel your subscription, you will continue to have access to the Service through the end of your current Billing Period. Payments are nonrefundable. If you cancel, modify your

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subscription, or if your account is otherwise terminated under these Terms, you will not receive a credit, including for partially used periods of Service.

Free Trials. On occasion, we may offer free trials to a particular Service, subject to specific terms explained during your sign-up. You can view details of your free trial on your account page. TUVU reserves the right to determine eligibility for free trials.

If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. Because the Services are offered in multiple time zones, for consistency, a “day” for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern time of that same calendar day. If you cancel your subscription during a free trial or while using a promotional code or other credits, cancellation may be effective immediately.

Promotional Pricing. If we offer you a promotion, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you. We will begin billing your Payment Method for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.

Third-Party Billing. You may choose to be billed for, or receive access to, the Services through a third-party, include the App Store, in which case, your billing relationship will be directly with that third-party, additional terms may apply, and Service offerings may be limited. If you want to cancel or modify your subscription or manage your billing, you may need to do so through your account with such third-party. TUVU will not be liable to you for any claims arising out of or related to your purchase or use of third-party products or services.

9. Termination of Usage

You may cancel your account at any time through your account settings. We may suspend or cancel your account without notice to you for any reason or no reason at all, including but not limited to if you violate this Agreement, you create risk or possible legal exposure for us, your account should be removed due to unlawful conduct, your account should be removed due to inactivity; or our provision of the Services to you is no longer commercially viable. If your account is cancelled, TUVU reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you, subject to the account balance provisions below.

Upon termination of your account. your license to use TUVU’s Services terminates. These Terms survive termination. You acknowledge and understand that our rights regarding any content you submitted to the website before your account was terminated shall survive termination.

10. Third-Party Sites

The Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with TUVU. Your dealings with third parties are solely between you and such third parties. You agree that TUVU will not be responsible or liable for

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any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You use these links at your own risk.

11. Content

Through the Services, or via other users, TUVU may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content through submission of profile photos.

TUVU Content

TUVU Content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content. All other Content viewed through the Services is the property of its respective owner. You have a limited, revocable, non-exclusive, non-transferrable license to use the Services and our Content solely for legally permitted activities related to our Services as outlined in these Terms.

User Content

You retain your rights to any Content you submit, post or display on or through the Services (“User Content”). By submitting, posting or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, perpetual, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods now known or later developed. This license authorizes us to make User Content available to the rest of the world and to let others do the same.

To the extent that you decide to post any User Content, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant TUVU all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not TUVU, have full responsibility for the User Content, including its legality, reliability, appropriateness, originality, and copyright. TUVU may refuse to accept or transmit User Content. Additionally, TUVU shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that, by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases content that has been mislabeled or is otherwise deceptive, objectionable or difficult to view. Under no circumstances will TUVU be liable in any way for any User Content not modified by TUVU, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Services or distributed elsewhere.

12. Copyright and Trademark Notices

Copyright Policy

TUVU complies with the Digital Millennium Copyright Act (“DMCA”). TUVU will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please

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notify TUVU’s Copyright Agent by email at DMCA@TUVU.com. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Copyright Agent. Your email must contain the following information:

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

information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

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 Services, sufficient for TUVU to locate the material; your address, telephone number, and email address;

a 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 that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

In accordance with the DMCA, TUVU has adopted a policy of, in appropriate circumstances, terminating accounts that are repeat infringers of the intellectual property rights of others. TUVU also may terminate accounts even based on a single infringement.

Counter-Notice

If you believe that your 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 post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Tarrant County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, TUVU may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at TUVU’s sole discretion.

13. Warranty and Disclaimer

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT ANY INFORMATION THAT YOU CHOOSE TO SHARE VIA THE SERVICES IS AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE APPLICATION, AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY US. YOU AGREE THAT YOUR ACCESS TO, AND USE OF THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY

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REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE AVAILABILITY, USE, OR RESULTS OF SERVICES IN THE EVENT OF AN EMERGENCY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. TUVU makes no warranties or representations of any kind, express, statutory or implied as to:

the availability of telecommunication services from your or any other telecommunications services provider and access by you or any other user to the Services at any time or from any location;

any loss, damage, or other security intrusion of the telecommunication Services; compatibility between our Services and your mobile device; and/or

any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the Services.

14. Limitation of Liability

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL TUVU, NOR ITS DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF THE TOTAL AMOUNT PAID IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS LESS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, TUVU’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to defend, indemnify, and to hold harmless TUVU, together with its officers, directors, and managers from any and all liabilities, penalties, claims, causes of action, and demands brought by third-parties (including the costs, expenses and attorneys’ fees on account thereof ) arising, resulting from or relating to: (a) your use of the Services or your inability to use the Services; (b) an allegation that you violated any representation, warranty, covenant or condition in this Agreement; (c) your intentional or negligent misrepresentation or misuse of confidential or protected information; and (d) your Content. Your agreement to defend, to indemnify, and to hold TUVU harmless applies whether any claim against TUVU is based in allegations of violation(s) of law or contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third-party rights, a claim that the Services caused damage to you or

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to any third party and/or your use and access to the Services. This indemnification section shall survive your termination of or cessation of use of the Services.

16. Export Regulation

The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable US federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.

17. Governing Law

The laws of the State of Texas, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and TUVU. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Tarrant County, Texas, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

18. Assignment

The Terms are personal to you, and are not assignable, transferable, or sublicensable by you. Any assignment in violation of this section shall be null and void. TUVU may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

19. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

20. Notice Policy and Your Consent

Under these Terms you are contracting with Potomac Technologies LLC, Delaware limited liability company with its operations in Texas. All notices should be addressed to TUVU at the email address in the Contact section below.

You acknowledge and agree that we may give you notice by means of a general notice on the Services, electronic mail to your email address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre- paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time to the address set forth in the Contact section or at such other address as we may advise from time to time, pursuant to this provision.

21. Geographic Limits of Service

TUVU makes no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States or that these Terms comply with the laws of any other country. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. TUVU reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.

22. Integration and Severability

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These Terms and other referenced material constitute the entire agreement between you and TUVU with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and TUVU with respect to the Services and govern the future relationship. If a court in any Qinal, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.

23. No Waiver

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

24. Terms for iOS App

You acknowledge and agree that (i) these Terms are binding between you and TUVU only, and Apple is not a party hereto, and (ii) as between TUVU and Apple, it is TUVU that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and TUVU, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TUVU’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit TUVU’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

25. Contact

If you have any questions regarding these Terms please contact us at support@tuvu.com.

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