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Terms & Conditions
1. AGREEMENT

These Terms of Use (this "Agreement") are made by and between Berkley Networks Corporation, doing business as Cue Connect ("Cue Connect"), and you ("you," "your" or "User," provided that if you are under the Age of Majority, as defined below, such terms also include your parent or legal guardian). This Agreement, along with the Cue Connect Privacy Policy, contains the terms and conditions that govern your use of the CueConnect.com website ("Site"), as well as all related mobile components, software, and services that contain a link or reference to this Agreement (each a "Service" and, together with the Site, collectively the "Services"). This Agreement governs your use of our Services, whether accessed through websites or other services controlled directly by us, or through third parties who integrate our Services into their own service offerings (our "Service Partners") .

BY CHECKING THE "I HAVE READ AND AGREE. . . " BOX OR BY ACCESSING, VISITING, BROWSING, USING OR INTERACTING WITH ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY PART OF THE SERVICES. YOU MUST BE AT LEAST 13 TO USE THE SERVICES, AND IF YOU ARE UNDER 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS OLDER (THE "AGE OF MAJORITY"), YOU MUST MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. CUE CONNECT MAY, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, MAKE CHANGES TO THIS AGREEMENT IN CUE CONNECT'S SOLE DISCRETION. YOUR CONTINUED USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE "TERMS OF USE" HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE OF THE SITE.

2. ACCESS TO THE SERVICES

By entering your mobile phone number, you certify that you are the account holder for that mobile phone number, or that you have the account holder's permission to use that account and incur charges on that account. In order to register to use the Services, you must provide certain information. All information you provide must be correct, current, and complete. If Cue Connect believes the information you provide is not correct, current, or complete, Cue Connect may terminate or suspend your access to the Services at any time. Cue Connect's use of any information you provide in connection with the Services will be governed by the Cue Connect Privacy Policy.

3. RESTRICTIONS ON USE

You may only use the Services for purposes expressly permitted by this Agreement. The Services are for your personal, non-commercial use. You may not use the Services for any other purpose, without Cue Connect's express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Services or any information, content, software, products or services obtained from or otherwise connected to the Services. You may not use the Services for any purpose that is unlawful or prohibited by this Agreement or other conditions or notices posted in the Services. You may not (and may not authorize any party to) (i) co-brand the Services, or (ii) frame any website used by the Services, or (iii) further distribute the Services or any portion of the Services. You may not use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not (and may not attempt to) reverse-engineer, disassemble, decompile, or otherwise derive any source code of or relating to the Services.

The Services are designed for use within the United States. Some aspects of the Services may not be available or permitted to be used outside the United States. If you access or use the Services outside the United States, you are responsible for complying with all applicable U.S. and foreign local, state, federal, national, and provincial statutes, treaties, regulations, rules, and orders, all international treaties, and all other laws, including without limitation all export and re-export laws.

4. INTEROPERABILITY WITH THIRD PARTY SERVICES

The Services interoperate with third party products and services, which may include the social-networking services available at www.facebook.com, www.foursquare.com, www.linkedin.com, www.twitter.com, and www.yahoo.com, retailer sites and services, or other websites and services (all such services and websites, collectively, "Third Party Services"). Cue Connect is not affiliated with or endorsed by the providers of Third Party Services. Your use of Third Party Services through the Services is subject to the terms and conditions, privacy policies, and other policies and agreements applicable to such Third Party Services. You agree not to use the Services in any manner that would violate any such terms, conditions, policies, or agreements.

Cue Connect has no control over any aspect of the Third Party Services, any modification, suspension, or termination of Third Party Services, or the use of any information shared with any Third Party Service. You use or rely on Third Party Services at your own risk. Cue Connect does not guarantee the availability, performance, quality, features, content, or usefulness of, and will have no liability whatsoever for, any Third Party Services.

To allow the Services to interoperate with Third Party Services accounts held by you, you must allow Cue Connect to access your Third Party Services account credentials (such as your user name and password) either by providing them directly to Cue Connect or by giving Cue Connect access through authorization programs made available by the Third Party Services. By giving Cue Connect access to your account credentials for Third Party Services, you authorize Cue Connect to use them to access and use content and information related to your Third Party Service accounts in connection with the Services, in accordance with any applicable policies of the relevant Third Party Services. By giving Cue Connect access to your account credentials for Third Party Services, you also represent and warrant that you are the account holder of each such account, and that you have the authority to allow Cue Connect to access and use the content and information related to your Third Party Service accounts as contemplated by this Agreement.

5. NATURE OF THE SERVICES

The Services allow you to interact with products, services, and brands offered by third parties, and to share information about such products, services and brands with other Cue Connect users. Although the Services may provide a means for you to access Third Party Services in which you can engage in e-commerce transactions, Cue Connect is not involved in any actual transaction between any buyer and seller. Offers and promotions made available through the Services from such third parties are subject to the terms and conditions imposed by such third parties and are subject to change from time to time. Such promotions and offers that are made available through the Services may not remain available through the Services. Because Cue Connect is not the agent of either the buyer or seller in any such transaction, Cue Connect will not act as either party's agent in connection with resolving any disputes related to or arising out of any such transaction.

6. PROPRIETARY INFORMATION

All material and content accessible through any of the Services, including all trademarks, service marks, logos, and copyrighted works appearing in the Services (the "Content") is the sole and exclusive property of Cue Connect or the third party owners of such Content, such as our Service Partners. Cue Connect and such third party owners retain all intellectual property rights embodied in such Content. You may not copy, modify, distribute, republish, upload, post, or transmit the Content in any way other than through the tools provided through the Services. Cue Connect has no control over, does not guarantee the quality, authenticity, safety or legality of, and will have no liability whatsoever for, any items advertised on the Services, and/or the truth or accuracy of any Content.

7. USE OF COMMUNICATION SERVICES

The Services include share features, comment forms, tag forms, blogs, clipping tools, badges, widgets, pads, personal web pages, and/or other message or communication facilities that allow you to communicate with others. When you share information with others using the Services, that information (including any personal information) may be visible to users of the Services or Third Party Services, and you hereby authorize us to publish such personal information. Also, you acknowledge and agree that the Services may transmit your first and last name, mobile number and/or email with the message to your recipient.
When using the Services, you may not post, send, submit, publish, or transmit any material that:
you do not have the right to post, send, submit, publish, and transmit, including proprietary material of any third party;
advocates illegal activity or discusses intent to commit an illegal act;
does not pertain to the Services;
libels, defames, invades privacy, stalks, is vulgar, obscene, profane, pornographic, racist, abusive, harassing, threatening or offensive;
harvests or otherwise collects information about others without their consent (such as through the use of a robot, scraper, spider or other similar means);
violates any law or may be considered to violate any law;
misrepresents your connection to any other entity or person or disguises the origin of the material;
includes programs that contain viruses, spyware, malware, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
interferes with or disrupts the Services;
distributes or posts any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or pyramid schemes; and/or pertains to alcoholic beverages, tobacco use, illegal use of drugs, or any illegal products or services.
Materials uploaded to the Services may be subject to posted limits on use, reproduction, and/or dissemination. You are responsible for abiding by such limitations. Cue Connect reserves the right to edit, delete or modify any materials you may upload through the Services. Cue Connect may remove any materials posted through the Services at its sole discretion. You are solely responsible for any material you submit through the Services. Cue Connect does not control or endorse the content, messages, or information found in any of the Services. Cue Connect specifically disclaims any liability with respect to materials transmitted through the Services and any actions resulting from your participation in any Service. Without limiting the generality of the foregoing, Cue Connect (i) will have no liability whatsoever to you or any third party for any failure to transmit any materials uploaded using the Services and (ii) will have no obligation to retain any such materials on its servers or to return any such materials before deleting them from Cue Connect's servers.

8. SUBMISSIONS

You hereby grant to Cue Connect the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, sublicense, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated by you to Cue Connect or through the Services (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Cue Connect will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Cue Connect operations.
You hereby represent and warrant that you will not post or provide any Submission that infringes someone else's rights or otherwise violates the law.

9. DISCLAIMER

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CUE CONNECT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CUE CONNECT DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SERVICES WILL BE COMPLETE, CURRENT, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUE CONNECT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. CUE CONNECT MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE SERVICES. CUE CONNECT DISCLAIMS ALL RESPONSIBILITY FOR THE CONTENT OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING SERVICE PARTNERS, WHETHER SUCH CONTENT OR SERVICES ARE AVAILABLE THROUGH THE SERVICES OR ON OTHER WEB SITES OR LOCATIONS THAT MAY BE ACCESSED THROUGH THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

10. LIMITATION ON LIABILITY

CUE CONNECT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SERVICE PARTNERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (THE "CUE CONNECT PARTIES") WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF CUE CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE CUE CONNECT PARTIES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO CUE CONNECT FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE, OR $100. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE CUE CONNECT, PARTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11. TERMINATION OR RESTRICTION OF ACCESS

Cue Connect may monitor your compliance with this Agreement. Cue Connect reserves the right, in its sole discretion, to terminate or suspend your access to any or all of the Services, including the Site, or any portion thereof at any time, without notice. You may discontinue your participation in and access to the Services at any time. The terms of Sections 3, 5 through 10, 12, 14, and 18 of this Agreement, as well as any other provisions that by their nature or terms should survive, will remain in full force and effect even after you terminate your use of the Services.

12. INDEMNITY

Cue Connect may monitor your compliance with this Agreement. Cue Connect reserves the right, in its sole discretion, to terminate or suspend your access to any or all of the Services, including the Site, or any portion thereof at any time, without notice. You may discontinue your participation in and access to the Services at any time. The terms of Sections 3, 5 through 10, 12, 14, and 18 of this Agreement, as well as any other provisions that by their nature or terms should survive, will remain in full force and effect even after you terminate your use of the Services.

13. DIGITAL MILLENNIUM COPYRIGHT ACT

If you believe any Content on the Services violates your copyrights, please notify Cue Connect's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Cue Connect's Designated Agent for the receipt of any Notification of Claimed Infringement that may be given under the Digital Millennium Copyright Act is as follows:
Berkley Networks Corporation
dba Cue Connect
Attn: President
85 Broad Street
New York, NY 10004
Phone: 1.800.280.9604
Facsimile: 1-631-723-2495
E-mail: dmca@CueConnect.com
Your notice must include (i) a description of the copyrighted work that has been infringed and the specific location on our Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

14. SECURITY

Your password(s) for the Services is for your individual use only. You are responsible for the security of your password, and for all use of the Services made under your password. Cue Connect may, at its discretion, require you to change your password. You may not take any actions intended to compromise or tamper with the security of the Services or tamper with system resources and/or accounts. Cue Connect reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Cue Connect to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE, AND HOLD HARMLESS THE CUE CONNECT PARTIES FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY CUE CONNECT PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE CUE CONNECT PARTIES OR LAW ENFORCEMENT AUTHORITIES.

15. MOBILE USE

Your use of the Services through wireless or mobile devices (each a "Mobile Device") is subject to your continued acceptance of the terms and conditions of your wireless carrier or service provider. SMS (text), MMS, and other forms of mobile communication ("Messages") sent or received from or through the Services are subject to the fees applied by your carrier according to your rate plan ("Fees"). For more information about using the Services through Mobile Devices, text HELP to 627548. Subscription is active until user opts-out. Send STOP to 627548 to cancel service. Standard/other charges may apply. Charges will appear on your wireless bill. Once opt-in is completed, you will receive alerts as often as you query. You must be authorized by the Mobile Device account holder to opt-in. You warrant to Cue Connect that you are authorized to approve and accept Fees for the Mobile Device through which you register and/or access or use the Services. In no event shall Cue Connect be responsible for Fees incurred by you, or any user of your Mobile Device, or by any recipient of your Messages. Message and data rates may apply.

16. MODIFICATIONS TO THE SERVICES

Cue Connect reserves the right, at any time and its sole discretion, to modify suspend, or discontinue the Services or any part thereof with or without notice. You agree that Cue Connect will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

17. ELECTRONIC COMMUNICATIONS NOTICE.

You agree to send any notices that are required or permitted to be given by this Agreement to Cue Connect only in the manner specified for such purposes on the Site or the other Services. When you use the Services or send emails to Cue Connect, you are communicating with Cue Connect electronically. You consent to receiving communications from Cue Connect electronically. Cue Connect may communicate with you by email, text, or posting notices on the applicable page of the Site. You may update your information for notice purposes by logging in to the Site and accessing your profile information by clicking on the "profile" tab and updating your profile information. You agree that all agreements, notices, disclosures, and other communications that Cue Connect provides to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. In addition, you hereby consent to Cue Connect sending you email, texts, or other communications related to the Services and other Cue Connect products and services from time to time. If you wish to withdraw your consent for Cue Connect to communicate with you electronically, you must terminate your Cue Connect account and you may not use the Services.

18. MISCELLANEOUS

This Agreement will be governed and interpreted pursuant to the laws of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and Cue Connect arising out of this Agreement or pertaining to the subject matter hereof. You and Cue Connect each agrees that the exclusive venue for any dispute between the parties arising out of this Agreement will be in the state and federal courts in New York City, New York and each submits to the exclusive personal jurisdiction of such courts for such purpose and waives objection to such courts on any basis, including without limitation venue or inconvenience of the forum. If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between you and Cue Connect relating to the subject matter of this Agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Cue Connect with respect to the Services. Notwithstanding the foregoing, any additional terms and conditions posted by Cue Connect on or through the Services will govern the items to which they pertain. The failure of Cue Connect to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
This Agreement is effective as of August 14, 2015.