Welcome to TooTChat!

Terms and Conditions of Use

Unless we indicate otherwise, these Terms & Conditions apply to your use of any and all applications that are owned or operated by TooT LLC, including, without limitation, TooTChat and any other web applications or mobile applications that we may own or operate currently or in the future (collectively, "the Application").

1.SCOPE OF TERMS & CONDITIONS

2.TERMS & CONDITIONS - IN GENERAL

By using the Application, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your access to this Application (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Application, including, but not limited to, (i) restricting the time the Application is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Application. You agree that any termination or cancellation of your access to, or use of, the Application may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Application. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Applications. From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Application to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.

3.RESTRICTIONS ON USE OF MATERIALS

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Application and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that the Application contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Application are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Application. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer or phone, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other Application or networked computer environment is strictly prohibited unless you receive our prior written consent.

4.BECOMING A REGISTERED USER

There is no cost to become a user of the Application. If you elect to use the application, you agree to use provide us with true, accurate and complete information about yourself (via your Facebook credentials and account). Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of the Application (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Application. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Application.

5.PRIVACY

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

6.LINKS

These Terms & Conditions apply only to the Application, and not to applications of any other person or entity. We may provide, or third parties may provide, links to other applications, sites, or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such applications or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other application (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other application to that application's administrator or webmaster.

7.COPYRIGHT COMPLAINTS

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use the Application (or any part thereof) who infringes the intellectual property rights of others. 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 that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner; b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this Application are covered by a single notification, a representative list of such works); c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Application; d) your name, mailing address, telephone number and email address; e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this Application should be sent to our designated agent for notice of claims of copyright infringement: Seth Gottleib at Sgottleib@cooley.com

8.PASSWORD AND USER SECURITY

If you are a user of the Application (and thereby have connected via Facebook Connect), you are entirely responsible for maintaining the confidentiality of your Facebook password and user account information. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify Facebook to resolve any known breach of security.

11.USER CONDUCT

Restrictions on Use You agree that you will not: use the Application to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with anyone else's use of the Application; use the Application to: transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not; use the Application for promotional or commercial purposes; use the Application for keyword spamming or to otherwise attempt to manipulate search results; use the Application to promote bigotry or discrimination against protected classes; use the Application to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; use the Application to transmit or post prohibited content. Prohibited content includes content that: (i) contains pornography, nudity, or sexually suggestive text or images; (ii) promotes racism, bigotry or hatred; (iii) harasses or promotes the harassment of another person; (iv) depicts or promotes violence; (v) solicits personal information from anyone under 18 years of age; (vi) violates the privacy or security of another person; (vii) violates the copyrights, trademark rights or other intellectual property rights of another person; (viii) constitutes or promotes illegal activity, including defamation, libel or obscenity; (ix) constitutes junk mail, chain letters, spam, advertisements, or unsolicited commercial mailings; (x) includes images of another person that you have uploaded without that person's consent. use the Application in violation of any applicable law; modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Application or the content of others (including of other Registered Participants); reverse engineer any portion of the Application, except as may be permitted under the law; remove or modify any copyright, trademark or other proprietary rights notice on the Application or on any materials printed or copied off of the Application; record, process, or mine information about other users; use any robot, spider, application search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Application or any Application content; reformat or frame any portion of the Application; take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure; attempt to gain unauthorized access to the Application, user accounts, computer systems or networks connected to the Application through hacking, password mining or any other means; use the Application or any Application content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Application, or otherwise attempt to interfere with the proper working of the Application; make excessive traffic demands; use the Application to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Application or Application content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Application, features that prevent or restrict the use or copying of Application content, or features that enforce limitations on the use of the Application. You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any content that is submitted to the Application. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that we shall have the right to terminate your access to the Application for violations of any of these rules, including repeat infringement of copyrights. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Application in a manner that sends more request messages to the Application’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. You furthermore specifically agree not to use any automated method to alter the training values of decision results in order to unduly bias the Application’s machine learning algorithm in favor of or against specific results or groups of results. You agree not to collect or harvest any personally identifiable information nor to use the community portions of the Application for any commercial solicitation purposes. You agree that any information that you disclose to the Application via Facebook including, but not limited to, personal and sensitive information about you, is done so at your own risk. You agree and acknowledge that all privacy settings that you select does not ensure the security of any such information that you enter at the Application and that the use of such privacy settings is done so at your own risk. Your use of the Application and any content must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software.

12.USER SUBMISSIONS & THIRD-PARTY APPLICATIONS

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material posted by you on the Application. The Application may contain links to third party applications, including applications with whom we may have a business relationship. The Application has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party applications. In addition, the Application will not and cannot censor or edit the content of any third party application. By using the Application, you expressly relieve the Application from any and all liability arising from your use of any third party application. Accordingly, we encourage you to be aware when you leave the Application and to read the terms and conditions and privacy policy of each other application that you visit.

13.ACCOUNT TERMINATION POLICY

The Application may terminate your account and your access to the Application if it determines in its sole discretion that you have breached these Terms & Conditions. Upon termination of your account, your right to use the services and access the Application and any content will immediately cease. All provisions of these Terms & Conditions, which by their nature should survive termination, shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnifications and limitations of liability.

3.RESTRICTIONS ON USE OF MATERIALS

14.CHANGES IN TERMS & CONDITIONS

We may modify or terminate our services from time to time, for any reason, and without notice and without liability to you. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. We reserve the right to modify, delete from or terminate these Terms & Conditions, the Awards Program and its rules, processes, and regulations from time to time and with or without notice.

15.HEALTH DISCLAIMER

TooT LLC is not a medical organization, and the Application does not provide medical advice or diagnosis or weight-loss advice or guidance. Nothing contained in this Application should be construed as such advice or diagnosis. The information and reports generated by the Application should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any medical or eating effort or regimen, including weight loss, and you acknowledge that the Application has advised you of the necessity for obtaining such consultations. The Application is intended for use only by healthy adult individuals. The Application is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of health or eating regimen. In no event shall TooT LLC, the Application, its officers, directors, employees, and agents be liable for any death or personal injury that you suffer, or that you cause to any third party, in connection with your use of the Application or any other activity you undertake in connection with your use of the Application.

16.WARRANTY DISCLAIMER

You acknowledge that TooT LLC has no control over, and no duty to take any action regarding: which users gain access to the Application; what content you access via the Application; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release TooT LLC from all liability for your having acquired or not acquired content through the Application. The Application may contain, or direct you to applications containing, information that some people may find offensive or inappropriate. The Application makes no representations concerning any content contained in or accessed through the Application, and the Application will not be responsible or liable for the accuracy, copyright compliance, legality or decency of content contained in or accessed through the Application. THE SERVICES, CONTENT, APPLICATION AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE APPLICATION SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TOOT LLC, THE APPLICATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF. TOOT LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION'S CONTENT OR THE CONTENT OF ANY APPLICATIONS LINKED TO THE APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APPLICATION, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APPLICATION, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THE APPLICATION. THE APPLICATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE THE APPLICATION OR ANY HYPERLINKED WEBAPPLICATION OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE APPLICATION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. FURTHER, WITHOUT LIMITING THE FOREGOING, THE APPLICATION MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THIS APPLICATION OR ANY PRIZES, PRODUCTS OR SERVICES OBTAINED THROUGH THE AWARDS PROGRAM OR FROM ANY AWARD PARTNER AND/OR PROVIDER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT ANY SUCH PRODUCT OR SERVICE WILL MEET THE REGISTERED PARTICIPANT'S REQUIREMENTS, THAT ANY SUCH PRODUCT OR SERVICE WILL BE TIMELY, FREE OF ERRORS OR WITHOUT DEFECTS, OR PROVIDED ON AN UNINTERRUPTED BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

17.LIMITATION OF LIABILITY

N NO EVENT SHALL TBACON,INC., THE APPLICATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APPLICATION (INCLUDING WITHOUT LIMITATION ANY INFORMATION OR ADVICE WITH RESPECT TO ANY FOOD PRODUCT); (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APPLICATION, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION BY ANY THIRD PARTY, (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, OR (VI) DIRECT DAMAGES IN EXCESS OF $100; WHETHER OR NOT TOOT LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE APPLICATION SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Application does not assume responsibility or liability for injury caused by the actions, products, or services of any Award Partner, and will not be liable or responsible for those performances, guarantees, warranties and representations, if any, offered by the US Postal Service, any third party service provider, or any Award Partner. The Application is not responsible if a Participant defaces damages or otherwise renders unsuitable for redemption a prize gift certificate. The Application is controlled and offered by TooT LLC from its facilities in the United States. The Application makes no representations that the Application is appropriate or available for use in other locations. Those who access or use the Application from other jurisdictions do so at their own volition and are responsible for compliance with local law.

18.INDEMNITY

You agree to defend, indemnify and hold harmless TooT LLC, the Application, its officers, directors, employees, agents, affiliates, parents and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Application; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Application. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

19.ABILITY TO ACCEPT TERMS & CONDITIONS

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions. In any case, you affirm that you are over the age of 13, as the Application is not intended for children under 13. If you are under 13 years of age, please do not use the Application. These Terms & Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TooT LLC without restriction.

20.GENERAL

The Application will be responsible for utilizing commercially reasonable efforts to accurately account for accrual and redemption of Coins. Without limiting the foregoing: the Account reserves the right to (a) audit the Account at any time for compliance with these Terms & Conditions, without notice to the Participant, and (b) to change accrued Coins and Points totals without notification if such audit reveals errors, inaccuracies or miscalculations. If the Participant becomes aware of any discrepancy in their Coins and/or Points balances, accruals, redemptions or calculations, the Participant must notify the Application promptly, but in no event more than thirty (30) days after the account balance of a transaction changes occurs. Otherwise, the Application’s calculations will be deemed accurate and the Participant waives any claim for future adjustment or adjudication. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Application’s failure to assert any right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. The Application reserves the right to amend these Terms & Conditions at any time and without notice, and it is your responsibility to review these Terms & Conditions for any changes. Your use of the Application following any amendment of these Terms & Conditions will signify your assent to and acceptance of its revised terms. No agency, partnership, joint venture, or employment is created as a result of these Terms & Conditions and you do not have any authority of any kind to bind the Application in any respect whatsoever. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to the Terms & Conditions or the Application exclusively in a state or federal court located in California. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara, California, for the purpose of litigating all such claims. If you have questions regarding use, or if you have comments or suggestions regarding the Terms & Conditions, please email us at: info@tootchat.com

21.NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

22.APPLE-ENABLED SOFTWARE APPLICATIONS

The Application is intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to the Application that is made available for your use in connection with an Apple-branded product (“Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Use, the following terms and conditions apply: § The Application and you acknowledge that these Terms of Use are concluded between the Application and you only, and not with Apple, and that as between the Application and Apple, the Application, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. § You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service. § Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iPhone OS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. § Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software. § Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be The Application’s sole responsibility, to the extent it cannot be disclaimed under applicable law. § The Application and you acknowledge that The Application, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. § In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between The Application and Apple, The Application, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. § You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. § If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to The Application by email to the following address: info@tootchat.com. The Application and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you with respect to the Apple-Enable Software as a third party beneficiary thereof.

Revised on December, 2011

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