Terms of Use: This Agreement is between you (including either a Buyer or a Seller, each as defined below) and Did You Catch It, Inc. (“Catch It” or “we” or “us”) concerning your use of the Services. The “Services” means Catch It’s platform and services (including the features, functionalities, interfaces, web and mobile applications, software, tools, and other materials contained therein) that offer an individual the ability to (i) offer for sale (including post, market, promote, display) and sell items (each such item offered, a “Product Listing”) to their followers or other individuals (such individual that posts Product Listings, a “Seller”) or (ii) discover, view descriptions of and purchase certain items offered in a Product Listing by Sellers (such individual, a “Buyer”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Catch It through the Services, or otherwise made available to you by Catch It. By using the services, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. The Services are not intended to be used, and must not be used, by children without involvement and approval of a parent or guardian, and further, if you are under the age of majority in your territory, in no case are you permitted to register with Catch It or provide your personal information to Catch It. This Agreement contains a mandatory arbitration provision that, as further set forth below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.
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Changes: We may change this Agreement from time to time by notifying you of the changes by any reasonable means, including by posting a revised Agreement through the Services. No such change will apply to any dispute between you and us arising before we notified you of the change.Your use of the Services after any changes to this Agreement will constitute your acceptance of the changes. The “
Last Updated” legend above indicates when this Agreement was last changed. The Services may evolve and change over time. We may, at any time and without liability, modify or discontinue all or part of the Services, charge, modify or waive any fees required to use the Services, or offer opportunities to some or all users. We also reserve the right to update, develop, remove or modify elements of the Services, including features, user interfaces and functionalities, for any purpose (including on an experimental basis for some or all users). Catch It will not be liable to you for any modification, suspension, or discontinuance of the Services.
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Information Submitted Through the Services: Your use of the Services is governed by Catch It’s Privacy Policy, located at www.didyoucatchit.com/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Services is and will remain accurate and complete, and that you will maintain and update such information as needed.
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Jurisdictional Issues: The Services are controlled or operated (or both) from the United States, and are not intended to subject Catch It to any non-U.S. jurisdiction or law. The Services may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
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Registration and Accounts: Access to and use of the Services by you will require an individual account. You may register for an account to use the Services via an interface provided through the Services (
e.g., through our websites, applications, integrations or plug-ins or those of our partners). The Services, and your account and any user names or passwords you use to access the Services (“Account Details”), are for your personal use only. You may not transfer your account to any other party, or enable any other party to access or use your account, including by sharing your Account Details. You are responsible for all use of your account and Account Details. You are solely responsible for maintaining the security and confidentiality of your Account Details, and you agree to immediately notify us of any unauthorized use of your Account Details or other security breaches. You must accurately and completely supply all requested information in order to complete the registration process. You represent and warrant that any information you provide in connection with the Services is and will remain accurate and complete, and that you will maintain and update such information as needed. We may also establish additional or different requirements from time to time, by posting such requirements through the Services. Catch It may, from time to time and in its sole discretion, review and determine Buyers or Sellers eligibility to use the Services. You will promptly furnish to Catch It all information reasonably requested by Catch It in connection with Catch It’s evaluation, which may include information about your general business operations, financial information, purchase history and other information as may be reasonably request by Catch It for such verification purposes.
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Access to the Services: Subject to your compliance with the terms and conditions of this Agreement, we grant you a revocable, non-exclusive, non-transferable, royalty free, limited right to access and use the Services solely for your own lawful, personal purposes.
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Product Listings: We may display Product Listings shared by Sellers on the Services, and Buyer may use the Services to purchase the item offered in a Product Listing (a “Transaction”). Each Seller grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate, and create derivative works of the Product Listings and any other content, data, or information shared by Seller or accessed by us in connection with the Services, including photos and videos (together with Product Listings, your “Seller Content”), in connection with the Services.
Even if we host and display your Seller Content on the Services, you are solely responsible for the contents of your Seller Content. You must ensure that all Seller Content is true, accurate and complete at all times, including without limitation the description, price, applicable taxes or fees, shipping information, required legal disclosures and other advertisement, offer or promotional content. Seller is solely responsible for setting the price of products or services it offers.
Seller is responsible for displaying, keeping up to date and honoring any sales, returns and/or privacy policies and all other relevant terms or information or disclosures related to your Product Listings that you want to apply to your interactions with Buyers or that are otherwise required by law. Any such terms, information, or disclosures do not bind Catch It and must not conflict with this Agreement or our other applicable terms and policies.
Even if we host and display your Seller Content on the Services, Seller is the seller of record and Seller agrees to comply with all applicable tax laws and ordinances. Seller is solely responsible for all determinations, calculations, collections, withholdings, reporting, and remittance of applicable taxes, duties, fees, surcharges and additional charges (“Taxes & Fees”) for Transactions that result from use of the Services. Seller is solely liable for all liabilities, including without limitation, any penalties or interest, taxing jurisdictions may assess as a result of the under remittance or non-remittance of any Taxes & Fees imposed on your products or services.
Seller’s products and services, Seller Content and Buyer’s and Seller’s use of the Services must comply at all times with this Agreement, our other applicable terms and policies and applicable laws, rules, and regulations. You agree that you are solely responsible for determining that the Services are suitable for your intended use.
Seller is are prohibited from displaying, promoting, offering, marketing or selling counterfeit or pirated products or services through the Services. You may not use the Services in connection with any activities, individuals or entities that are located in a country or region that is subject to comprehensive U.S. export control or sanctions law or in a manner that would otherwise violate applicable U.S. or non-U.S. export control or sanctions laws.
Seller are responsible for providing, managing, paying for, and fulfilling any sales, warranty and customer service, returns, refunds or accommodations to Buyers in connection with your use of the Services.
You agree that we may offer to fund promotions, discounts or other incentives (“Incentives”) to you to encourage engagement with Product Listings or Seller Content, and that our funding of Incentives does not violate any other agreement you have or alter your obligations under this Agreement.
Seller is responsible for ensuring the integrity and safety of your products and services, including Product Listings. As between Catch It and you, you are solely responsible for any defect or non-conformity in any product or service you offer and for complying with any recall or safety alert, or similar direction or notice, with respect to any product or service related to your Product Listings.
You agree to promptly remove any Product Listing upon issuance of any recall or safety alert, or similar direction or notice, or claim of infringement of intellectual property rights with respect to products or services relating to your Product Listings.We may review your Seller Content to ensure the integrity of our Services, which reviews may include automated or other audits of your Seller Content to verify compliance with this Agreement and applicable laws, rules and regulations, but that does not mean that Catch It assumes any responsibility or liability or otherwise agrees to modify your responsibilities and liabilities under this Agreement and any applicable laws, rules or regulations.
Catch It is not a payment processor. Payments for Transactions will be processed by a third-party payment provider, in accordance with their terms of service, and not by us. As of the date listed at the “Last Updated” legend above, the Services allow you to use
Stripe for payment processing services related to the Services. You acknowledge and agree to be solely responsible for and agree to pay any and all amounts, including but not limited to processing fees, owed to any third-party payment provider in connection with payments services they provide related to the Services.
PRODUCT LISTINGS ARE POSTED BY SELLERS AND NOT BY CATCH IT, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. CATCH IT IS NOT RESPONSIBLE OR LIABLE FOR ANY PRODUCT LISTINGS. TRANSACTIONS ARE SOLELY BETWEEN SELLERS AND BUYERS. CATCH IT IS NOT A BUYER OR SELLER OR OTHERWISE A PARTY TO ANY TRANSACTION. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER BUYERS AND SELLERS. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR INTERACTIONS OR DISPUTES BETWEEN YOU AND ANY OTHER BUYER OR SELLER, AND TO ENFORCE THE TERMS OF THIS AGREEMENT AGAINST YOU. WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR (A) INTERACTIONS OR DISPUTES BETWEEN YOU AND OTHER BUYERS OR SELLERS; (B) PRODUCT LISTINGS; (C) TRANSACTIONS; (D) YOUR OR ANY OTHER BUYER’S OR SELLERS’ ACTION, INACTION OR BREACH OF THIS AGREEMENT; OR (E) OUR ENFORCEMENT OF (OR FAILURE TO ENFORCE) THIS AGREEMENT AGAINST YOU.
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Your Content: Some content that you share or upload through the Services, including photos or videos, may be protected by intellectual property laws. You retain ownership of the intellectual property rights in any such content that you create and share through the Services. When you share, post, or upload content that is covered by intellectual property rights on or in connection with our Services, and any other content, data, or information accessed by us in connection with the Services, including photos and videos, (“Your Content”), you grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to host, use, distribute, modify, run, copy, publicly perform, make available, display, translate, create derivative works and otherwise exploit Your Content (consistent with our Privacy Policy). In addition, you give us permission to use your name, Account Details and profile picture and information about actions you have taken in connection with the Services next to or in connection with ads, offers, and other sponsored or commercial content that we display across our Services, without any compensation to you. You represent and warrant that you have all necessary rights in Your Content to grant us the licenses and rights set forth in this Agreement.
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Third Party Services: The Services may include (i) functionality to allow you to connect your account to or access third-party services or products, or allow third party services to access your account or Your Content or (ii) information about or offers for third-party services or products, (all of the foregoing, “Third Party Services”). By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Services. When you follow a link to any Third Party Services, we have no obligation to warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. This Agreement does not govern your use of another website or destination. We neither control nor endorse, nor are we responsible for, any Third Party Services, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Services, any intellectual property rights therein, or any products or services in connection therewith. Certain Third Party Services may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Catch It with respect to any Third Party Services or claims made about them, or the actions or inactions of any third party. We have no obligation to monitor Third Party Services, and we may block or disable access to any Third Party Services (in whole or part) through the Services at any time. In addition, the availability of any Third Party Services through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Services, nor does such availability create any legal relationship between you and any such provider. Any dealings you have with third parties while using the Services are between you and the third party, and Catch It is not liable for any loss or claim that you may have against any third party. If you provide any confidential or personal information or engage in any transaction in connection with a Third Party Service, Catch It is not responsible for such information or transaction, and we encourage you to read the terms of use and privacy policy of the provider or other parties collecting such information or engaging in such transaction. Catch It may be compensated by those third parties, which could impact whether, how and where the Third Party Services can be accessed or interacted with in connection with the Services.your access to, use of or interaction with third party services is at your own risk and is subject to any additional terms, conditions and policies applicable to such third party services (such as terms of service or privacy policies of the providers of such third party services). any claim or dispute arising from your access to, use of or interaction with any third party services will be solely between you and the applicable third-party provider. under no circumstances will Catch It be liable in any way for any act or omission of any third-party provider, or for any injury, loss or damage that you may incur as a result of your access to, use of or interaction with third party services.
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Catch It’s Proprietary Rights: We and our suppliers own the Services (excluding Your Content), which are protected by proprietary rights and laws. Any Catch It trade names, trademarks, service marks, graphics, logos, scripts, and sounds are the intellectual property of Catch It. All trade names, trademarks, service marks and logos on the Services not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
10.Fees: Buyer will pay Catch It certain fees for use of the Services, which will be calculated based on the total amount paid by a Buyer for each Transaction (the “Convenience Fee”). For clarity, the Convenience Fees are calculated based on the entire amount of the Transaction (including the total sale price, shipping fees and any other Taxes & Fees). Convenience Fees and all other Taxes & Fees which we agree or are required to collect will be deducted by the applicable third party payment provider from the payouts they make to Seller’s linked payout account, and Buyer hereby authorizes the applicable third party payment provider to make all such relevant deductions. To the extent permitted under applicable laws, rules or regulations, all Convenience Fees are non-refundable. Catch It may, in its sole discretion, amend the Convenience Fee from time to time and will inform Buyer of such amendment by email or through the Services, and any updated Convenience Fee will take effect immediately after posting through the Services (
e.g., once the updated Convenience Fee is shown on the checkout page for an applicable Product Listing). As of the date listed at the “Last Updated” legend above, the Convenience Fee is 3% of the total amount paid by a Buyer for each Transaction. For clarity, the Convenience Fee does not include any fees which the applicable third party payment provider may charge separately (which are subject to their terms and conditions), and Buyer acknowledges that Buyer is solely responsible for paying such fees. The payment information provided by a Buyer must be a current, valid, authorized and accepted method of payment, and Buyer hereby represents and warrants that it has the right to use any payment method submitted in connection with this Agreement. For clarity, Catch It shall have no obligation to provide access to the Services while any fees or charges due and payable to Catch It remain unpaid.
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Use Restrictions; Rules of Conduct: You may not use the Services in violation of any applicable laws, rules or regulations. Without limiting the generality of the foregoing, in connection with your use of the Services, you must not, either directly or indirectly (e.g., through the use of any device, software, Internet site, web-based or app-based service or other means): remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices included with the Services, or any digital rights management mechanism, device, or other content protection or access control measure associated with the Services.except as expressly authorized under this Agreement and permitted by the functionality of the Services as made available to you, copy, record, download, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, or exhibit, transmit or retransmit any portion of the Services.post, transmit or otherwise make available through or in connection with the Services any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or that otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.post, transmit or otherwise make available through or in connection with the Services any virus, worm, trojan horse, easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).Use the Services for any commercial purpose, including any use of the Services to advertise or promote any product or service.Use the Services for any purpose that is fraudulent or otherwise tortious or unlawful, or that would further any fraudulent activity, including identity theft, or encourage conduct that would constitute a criminal offense or give rise to civil liability.Harvest or collect information in violation of this Agreement or Catch It’s Privacy Policy or otherwise harvest or collect information about users of the Services.Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services; or violate any requirement, procedure or policy of such servers or networks.Restrict or inhibit any other person from using the Services, or otherwise interfere with any other person’s use and enjoyment of the Services.Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Services, except as expressly authorized herein, without Catch It’s express prior written consent.Reverse engineer, disassemble, decompile, decode, modify, adapt, or otherwise attempt to derive, discover, learn or study the structure or organization, underlying algorithms or other internals, protocols, data structures or other externals, or the source code of, or gain access to or create any derivatives of, any component of any portion of the Services, or to acquire any technical specifications or gain any competitive advantage.Use technology or other means to access, index, frame or link to any portion of the Services, including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Services, or otherwise incorporate any portion of the Services into any product or service, without Catch It’s express prior written consent.Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather or access the Services, or reproduce or circumvent the navigational structure or presentation of the Services, without Catch It’s express prior written consent.Use any portion of the Services in connection with any machine learning or artificial intelligence technologies.engage in any other conduct in connection with the Services that may harm or otherwise expose Catch It or any third party to liability.You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Services.
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Feedback: Catch It may use any comments, information, ideas, concepts, reviews, or techniques or any other material you may send to us or make available in connection with the Services (“Feedback”) worldwide and in perpetuity, without further compensation or acknowledgement, for any purpose whatsoever, including developing aggregate ratings, personalizing interfaces and views, and developing, improving, marketing and making available the Services and other products and services. You agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable laws, rules and regulations.
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Analytics Data: Catch It may monitor use of the Services and will have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including information and data derived therefrom), but excluding Your Content (“Analytics Data”), and Catch It will be free (during and after the term) to use, disclose, and otherwise exploit the Analytics Data so long as any disclosure does not directly or indirectly identify you.
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Disclaimers: While we try to maintain the timeliness, integrity and security of the Services, we do not guarantee that the Services are or will remain updated, complete, correct or secure, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. You are aware of and accept the risk of operational challenges. Catch It may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to the Services. You understand that the Services may experience operational issues that lead to delays. You agree to accept the risk of any issues resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You agree not to hold Catch It accountable for any related losses.To the fullest extent permitted under applicable laws, rules or regulations: (a) the Services and any Third Party Services are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; and (b) Catch It disclaims all warranties with respect to the Services and any Third Party services, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of
both Catch It and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”), and their respective successors and assigns.
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Compliance: You will comply with all federal, state, local and international laws, statutes, and regulations, and all applicable orders, judgments, decisions, rules, policies, opinions, attorney general opinions, or guidelines passed or issued by any regulatory authority or any competent court, in each case related to your access and use of the Services.
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Limitation of Liability: To the fullest extent permitted under applicable laws, rules or regulations: (a) Catch It will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, loss of security of Feedback (including unauthorized interception by third parties of any Feedback), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Catch It will not be liable for damages of any kind resulting from your use of or inability to use the Services or any Third Party Materials, including from any Virus that may be transmitted in connection therewith; (c) Catch It will not be subject to any injunction or other equitable relief restricting the availability of, or any person’s ability to access, any portion of the services, and you acknowledge and agree that any damages you incur in connection with the services or any act or omission by Catch It or any of the Affiliated Entities are not irreparable, and are insufficient to entitle you to an injunction or other equitable relief; (d) your sole and exclusive remedy for dissatisfaction with the Services or any Third Party Materials is to stop using the Services; and (e) the maximum aggregate liability of Catch It for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, will be the greater of (i) the total amount, if any, paid by you to Catch It in the previous six (6) months solely for the right to use the Services and (ii) twenty U.S. Dollars ($20.00). All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both Catch It and the Affiliated Entities, and their respective successors and assigns.
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Indemnity: To the fullest extent permitted under applicable laws, rules or regulations, you agree to defend, indemnify and hold harmless Catch It and the Affiliated Entities (including our and their respective successors and assigns) from and against all claims, causes of action, demands, suits, proceedings, judgments, orders, damages, liabilities, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use (including any misuse) of, or activities in connection with, the Services (including all Feedback); and (b) any violation or alleged violation of this Agreement or any applicable laws, rules or regulations by you.
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Termination: This Agreement is effective until terminated. Catch It may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if Catch It believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and Catch It may, without liability to you or any third party, immediately deactivate or delete your account, if any, and all associated materials, without any obligation to provide any further access to such materials. Sections 1-4 and 6-25 will survive any expiration or termination of this Agreement.
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Governing Law:The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A.,
without regard to its principles of conflicts of law, and regardless of your location.
20.Arbitration: Except for disputes that qualify for small claims court, and except for Catch It’s option to bring a claim in a court of competent jurisdiction seeking only injunctive relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights, all disputes arising out of or related to this Agreement or any aspect of the relationship between you and Catch It, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Catch It and you are each waiving the right to trial by a jury. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters will be decided by an arbitrator and not by a court or judge. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
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Information or Complaints: If you have a question or complaint regarding the Services, please send an e-mail to
support@didyoucatchit.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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Copyright Infringement Claims: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available in connection with the Services infringe your copyright, you (or your agent) may send to Catch It a written notice by mail or e-mail, requesting that Catch It remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Catch It a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Catch It as follows: By e-mail to
support@didyoucatchit.com. The applicable contact number is +1 934-200-8196
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Export Controls: You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users. You agree not to export, re-export, or transfer, directly or indirectly, any of the Services, or any U.S. technical data acquired from any of the Services, or any products utilizing such data, in violation of the U.S. export laws or regulations.
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Miscellaneous: This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Catch It. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Catch It relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Catch It relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form will 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. Catch It will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
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Apple-Specific Terms: In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the Services compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the Services. Apple is not providing any warranty for the Services except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Services and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Services, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Services, including those pertaining to intellectual property rights, must be directed to Catch It in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the Services on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, except that the Services may also be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Services, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Catch It’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.© 2024 Did You Catch It, Inc. unless otherwise noted. All rights reserved.