TERMS AND CONDITIONS
At Cutieville, we share “cute” and let our Users vote for their favorites.
These Terms and Conditions for Presenters (“Agreement”) are entered into by and between IVA Holding GmbH (“Cutieville,” “we” or “us”) and you (“you”). For purposes of this Agreement, any services provided by Cutieville through the Site to you shall be included in “use” of the Site. You and Cutieville may also be referred to individually as a “Party” and, collectively, as the “Parties.”
IT IS ESSENTIAL THAT YOU READ THESE TERMS AND CONDITIONS
OF SERVICE AS THEY DESCRIBE AND, IN SOME CASES, LIMIT YOUR RIGHTS.
Your use of this Site indicates YOU HAVE READ AND
you accept AND AGREE TO BE BOUND BY this Agreement.
while the subject of the site is minors,
the site is not INTENDED for the use of minors.
Cutieville has developed, owns and operates the platform known as CUTIEVILLE.COM and such other related online and physical sites as Cutieville may create and partner with (collectively, the “Site”) which provides parents and legal guardians the opportunity to submit photos of their children so others can enjoy the cuteness of their children and so all users can vote for their favorites so that the winner of each periodic contest can win cash and other prizes.
The Parties agree as follows:
- 1 DEFINITIONS
In addition to terms defined throughout this Agreement, the following terms shall have the meanings indicated.
“Affiliate” means a person, natural or legal, that (a) is owned or controlled, directly or indirectly, by a Party, (b) owns or controls, directly or indirectly, a Party (c) is under common control as a Party or (d) is a familial relative of a Party.
“Contest” means each period during which Users may vote and from which a winner is selected. Contests may be any length of time, at our sole discretion.
“Intellectual Property Rights” means Cutieville’s sole and exclusive ownership of all trademarks, copyrights, patents, coding and programming and trade secrets created or used in connection with the Site, Cutieville or its business. Intellectual Property Rights do not include any right or claim to the Photos or the names and identities of Parents or Participants.
“Parent” means the parent or legal guardian of a Participant. Parents must be 18 years or older.
“Participant” means a child whose photos are submitted to the Site. Participants may be no older than 12 years old at the time of submission to a Contest.
“Photo” means each picture of a Participant submitted to the Site.
“Prize” means the award given to the winner of a Contest.
“Submit” or “Submitted” means Photos that are uploaded to the Site for entry into a Contest.
“User” means any person who is registered to vote. References to Users include Parents. Users must be 18 years or older.
- 2 REGISTRATION
You must be 18 years or older to register as a Parent or User.
Users may register from anywhere in the world. There is no cost for you to apply for an account as a Parent or User, to post Photos or to vote (subject to your optional purchase of votes in addition to those free votes we provide).
Cutieville reserves the right to review and approve or reject, in its sole and absolute discretion, each application. Upon acceptance of your application by Cutieville, you will be registered as a Presenter on the Site.
- 3 PERSONAL INFORMATION
Your personal and contact information will NEVER be publicly available on or through the site.
- 4 THE CONTEST, IN GENERAL
Each Contest features Photos of Participants. Users may vote for their favorite Photos.
Each Contest will be announced on the Site and such announcement will include the date and time when votes will start to be accepted and the date and time when no more votes will be accepted (the “Contest Termination Date”).
The Photo that receives the most votes as of 11:59 pm Eastern Time (New York, USA) on the Contest Termination Date of the respective Contest (the “Contest Expiration”) will, within 2 weeks after the Contest Expiration, name the winner and award the Prize which was designated for that Contest.
Subject to the Rules of Eligibility, Photos from an expired Contest that do not win are automatically eligible for the succeeding Contest. Once approved by Cutieville, your profile and Presentation will be available on the Site for Participants to browse or search by various criteria.
- 5 RULES OF ELIGIBILITY
Photos may be submitted only by the
Parent of the Participant.
We may request such verification as we deem reasonable and necessary to establish that relationship and in the event you do not provide such verification or we, in our sole discretion, determine that such verification is inadequate or that its authenticity is questionable, the person submitting the Photos as well as all Photos submitted by that person shall be ineligible for the Contest and such person may, in the sole discretion of Cutieville, be temporarily or permanently banned from the Site.
Participants must be 12 years old or under at the time of submission to a Contest.
Only those Photos for which you have legal ownership should be submitted. For example, if a professional photographer took a Photo, you do not automatically own that Photo. The photographer might own the rights to that Photo. So, please be sure as you could be liable for damages payable to whoever owns that Photo.
Photos of Multiple Participants from the same Parent may be submitted. Multiple Photos of the same Participant may also be submitted.
Photos that have any personal, business or promotional logos, trademarks or brands visible will not be eligible. If a Participant is wearing clothes with logo of the manufacturer, we reserve the right to eliminate such logo from the photo but we shall not be obligated to, and may reject the photo based on the presence of the logo.
Photos that include messages, addresses or contact information that could be used for sales or promotion are not eligible for the Contest.
Photos that include words or images that say, direct or suggest a meaning or message that is hateful, racist, discriminatory, political or religious in nature are not eligible for the Contest.
To give many Participants an opportunity to win, we have the following limitations upon winning:
- If a Participant wins 2 consecutive Contests or 2 Contests within a 2 month period, no Photos of that Participant will be eligible for the next Contest, after which the Participant will be eligible again.
- Photos that have won a Contest or Photos that are substantially similar to Photos that have won a Contest are ineligible for future Contests. However, Photos that are from the same session are eligible so long as they are not substantially similar. For example, a Photo that shows a child sitting and looking to the left would be substantially similar to one in which the child is sitting in the same outfit, in the same position and looking to the right; and such Photo would be ineligible.
Photos may be ruled ineligible and withdrawn by us at any time before, during or after the Contest.
We reserve the right to not post pictures we, in our sole discretion, deem to be inappropriate for the Site.
Upon written notice to us, you may withdraw a Photo from a Contest at any time prior to announcement of the winner of such Contest.
- 6 REVIEW AND VALIDATION OF PHOTOS
When submitting a Photo, you will be asked to provide the legal name of the Participant, the Participant’s relationship to you and the Participant’s birthdate.
Each Photo may be reviewed for compliance with the Rules of Eligibility and you may be asked to provide additional information. This process may delay a Photo’s entry into a Contest (and the Photo may, as a result, not be eligible for a given Contest). , We shall have no liability in the case of any delays or inability to enter a particular Contest as a result of such delay..
As part of the review process, you expressly grant us the right to edit the Photo to improve the quality of the image (for example, improve contrast), make corrections to the Photo (for example, eliminate redeye) or ensure the Photo complies with this Agreement (for example, delete a brand logo on a Participant’s pajamas). Under no circumstances will we make any changes to the Photo that affect the physical characteristics of the Participant or his/her surroundings, except as described above.
If we determine a Photo to be ineligible based on the Rules of Eligibility, we will email the Parent who submitted the ineligible Photo of that decision. We may or may not detail the reason for our decision.
- 7 PUBLICITY
By completing the registration and a submitting a Photo of a Participant, each Parent is expressly granting Cutieville the right to use such Photo for purposes of marketing the Contest.
In the event we desire to use a Photo you submit for the broader purpose of marketing our company and business as a whole, we will obtain your express written consent prior to doing so.
If the Photo you submitted wins a Contest, you expressly grant Cutieville the right to publish, display and use that Photo to promote the Site and the Contests without further compensation. You may, at any time upon sixty (60) days’ notice, revoke such permission.
- 8 VOTING
CUTIEVILLE doES not participate in, add, delete or change votes except in the case of votes that are ineligible, as provided below.
Each User (including Parents) may vote for any Photo. Each User shall be able to vote One (1) time per hour for free. Votes do not accumulate.
Each User may, in addition to the free vote, purchase ______ votes for $_______ which may be used at any time for any Photo. Purchased votes are non-refundable and you agree, if you purchase votes, to not attempt to request any chargeback of the charges for such votes. If you do file a request for a chargeback, we reserve the right to suspend you and any Participant associated with you from the Site and any awards payable to you will be cancelled.
Votes received by way of vote exchange websites, bots, vote farms, fake User accounts or any other means or mechanism which does not reflect the real votes of real people cast in accordance with this Agreement will not be counted. Further, if it is determined that the Parent of the Participant whose Photo received such votes is responsible, the Parent and all children of that Parent may, in the sole discretion of Cutieville, be suspended temporarily or banned permanently from the Site.
We are not responsible if you cast a vote for the wrong Photo. Votes may not be withdrawn or changed once cast. No refunds, discounts or allowances will be granted for purchased votes that were miscast.
- 9 COMMENTS
Users may make comments about a Photo.
Please be considerate and respectful in making comments. Every Photo is of a child that is very much loved by his or her family – and people take very personally negative or critical comments about their children. The purpose of Cutieville is to give people reasons to be happy.
Comments, once made, become the property of Cutieville and we may use them, publish them or broadcast them without the consent of the User who wrote the comment provided, however, such User’s personally identifiable information will not be publicly disclosed. Comments shall not include anything that we, in our sole discretion, is deemed hateful, racist, discriminatory, bullying, political or religious.
While we are not responsible for comments and disclaim any liability for their contents, if a comment is reported to us as having violated this Agreement, we reserve the right to remove such comment.
If you see a Photo or comment that you feel, in good faith, violates this Agreement by being hateful, racist, discriminatory, bullying, political or religious in nature, please write to us at [email protected].
Users who post comments that violate this Agreement will be subject to a temporary suspension or permanent ban from the Site, at Cutieville’s sole discretion.
- 10 WINNERS
The Photo that receives the most votes as of the Contest Expiration will be declared the winner of the Prize indicated for the respective Contest.
We reserve the right to request and confirm your relationship as Parent of the Participant prior to delivery of any award. Failure to provide such validating information or documentation as requested by Cutieville will render the award null and void, and we shall have no liability thereafter.
If the Photo you submitted wins a Contest, you expressly grant Cutieville the right to publish, display and use that Photo to promote the Site and the Contests without further compensation. You may, at any time upon sixty (60) days’ notice, revoke such permission.
Winners must have a PayPal® account to receive any cash Prizes.
Final results of all contests might take up to 24 hours to be calculated correctly. All payments made on time, might take up to 24 hours to be submitted to Cutieville by our payment providers. Prizes will typically be awarded within 3 weeks after the Contest Expiration; provided, however, we may extend that period in the event we feel there are questions as to the eligibility of the winning Photo to enable us to properly investigate and resolve the matter. All decisions by us are final and not appealable.
- 11 RELATIONSHIP WITH CUTIEVILLE
Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, contractor, franchisor/franchisee or employer-employee relationship between you and Cutieville.
You shall not, in any manner or respect, represent, suggest or convey the impression that you are an employee or agent of Cutieville. If any person has or reasonably appears to believe or be under the impression that you are an employee, contractor or agent of Cutieville, it is your responsibility to communicate to such person that you are not.
Cutieville will not, except as required by law, withhold any portion of the Prize for application toward income taxes payable by you in any jurisdiction. You are solely and exclusively responsible for all taxes payable with respect to income earned through the Site.
- 12 STANDARDS OF CONDUCT
At no time will any User ever use the Site to display, upload, communicate or in any way transmit anything that is lewd, offensive, racist, bullying, hateful or threatening, or that encourages or condones any of the foregoing.
Any violation of this policy shall be immediately reported and, whether or not reported, such violation shall, in the sole discretion of Cutieville, be grounds for immediate suspension from the Site or termination of this Agreement.
- 13 REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- if you are registering to submit a Photo,
- you are the parent or legal guardian of the child whose photographs you are submitting to the Contest; and
- you are eighteen (18) years of age or older and legally capable of entering into this Agreement on behalf of yourself and your child;
- if you are registering to vote as a User not submitting a Photo, you are eighteen (18) years of age or older and legally capable of entering into this Agreement on behalf of yourself;
- the information provided in establishing your account with Cutieville is true and accurate in all respects, and that you will immediately update your account should any account information change;
- you know of no circumstances in which this Agreement and your association with Cutieville would tend to have a materially adverse effect on the reputation and image of Cutieville and/or the Site; and
- you have no ownership interest in or claims to any of the Intellectual Property Rights of Cutieville.
- 14 INTELLECTUAL PROPERTY
Cutieville is the sole and exclusive owner of all Intellectual Property Rights. You promise and agree to not, directly or indirectly, take any action or assist any other person in taking any action to challenge Cutieville’s exclusive ownership of the Intellectual Property Rights or to register any trademarks, copyrights or patents that may infringe on Cutieville’s Intellectual Property Rights.
Cutieville grants you the limited license to use Cutieville’s name and trademark(s) to indicate in social media and other channels that a Photo you submitted is in a Contest on the Site for purposes of soliciting and motivating people to become Users and vote for the Photo(s) you Submitted. In fact, we encourage you to do this.
- 15 SECURITY
You are solely and exclusively responsible for the security of your username and password. Cutieville shall be entitled to rely on the authority of any person using the username and password in providing information to and taking all actions that the authorized user would be entitled to take or direct.
- 16 WARRANTY DISCLAIMER
Cutieville makes no representations or warranties as to the Site. To the maximum extent of the law, Cutieville disclaims all representations, warranties and conditions, express and implied, including the warranties of merchantability, fitness for particular purpose, title and non-infringement. The Site is provided “as is.” Further, Cutieville makes no representations or warranties that you will receive any Participants from the Site or generate any revenues from the Site and/or Cutieville.
- 17 WAIVER
You expressly and unconditionally waive any and all claims against Cutieville, regardless the bases upon which such claim(s) may be made, that may be based on, arise in connection with or be related to any of the following acts, circumstances or conditions:
- any unauthorized person uses your username and password to the Site for any purpose and with any result, including but not limited to obtaining or changing personal information;
- the Site is partially or totally inoperative or inaccessible;
- your use of the Site;
- any act or action that would constitute Cause by you, as such term is defined hereunder;
- viruses or other malicious software are transferred to your computer by using the Site;
- there are bugs, errors or inaccuracies in the Site;
- third-party content, actions or inactions on or with respect to the Site;
- claims related to the manner or outcome of Cutieville’s resolution of any matter within the discretion of Cutieville;
- claims that other Participants or Photos are getting more votes than yours;
- a suspension or other action taken with respect to your account or Photos by Cutieville;
- any claim relating to a change in this Agreement by Cutieville;
- withholdings, deductions or offset in connection with payment of Prizes due to applicable tax or currency control restrictions; or
- inaccurate or mistaken casting of a vote by you.
For purposes of this section, any reference to “Cutieville” shall include Cutieville’s Affiliates and the owners, officers, employees, agents and contractors of each.
No waiver by Cutieville of any breach by you of any condition or provision of this Agreement shall be deemed a waiver of any similar or dissimilar provision or condition at the same or any prior or subsequent time, nor shall the failure of or delay by Cutieville in exercising any right, power, or privilege under this Agreement operate as a waiver to preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
- 18 INDEMNIFICATION
Cutieville and its affiliates, owners, principals, officers, employees and agents shall be referred to, collectively, as “Cutieville Indemnitees.”
- Your Obligation to Indemnify
You agree to and shall indemnify, defend (with legal counsel reasonably acceptable to Cutieville Indemnitees) and hold Cutieville Indemnitees harmless from and against any and all actions, suits, claims, demands, debts, liabilities, obligations, losses, damages, costs, expenses, penalties or injury (including reasonable attorneys’ fees and costs of any suit related thereto) suffered or incurred by any of them arising from:
- any misrepresentation by, or breach of any covenant or warranty or representation contained in this Agreement or any exhibit, certificate, or other agreement or instrument furnished or to be furnished by you hereunder including but not limited to your relationship with the Participant;
- any non-fulfillment of any agreement on your part under this Agreement;
- any suit, action, proceeding, claim or investigation against Cutieville Indemnitees which arises from or which is based upon or pertaining to your acts or omissions including but not limited to use of the Site, violation of Standards of Conduct or any matter that constitutes Cause;
- any Photos Submitted by you for which you do not have the legal right to Submit;
- any injury to person or property caused, all or in part, by you including but not limited to emotional or psychological injury or distress;
- failure to comply with the terms of this Agreement;
- failure to comply with applicable law;
- negligence, willful misconduct, harassment, indecent exposure or fraud;
- defamation, libel, violation of privacy rights, unfair competition, or infringement of intellectual property rights or allegations thereof to the extent caused by you;
- failure to pay appropriate taxes for yourself (including but not limited to withholding taxes, if any); and
- any claim for violation of any applicable rule or code of conduct or ethics other than those include in this Agreement; and
- your withholding of information regarding or your misrepresentation of your status in regard to your representations and warranties.
- Indemnification Process
If any lawsuit, enforcement action or any attempt to collect on an alleged liability is filed against Cutieville Indemnitees, written notice thereof shall be given to you within ten (10) business days after receipt of notice or other date by which action must be taken; provided, however, that the failure of Cutieville Indemnitees to give timely notice shall not affect its rights to indemnification hereunder except to the extent that you demonstrate damage caused by such failure. After such notice, you shall be entitled, if it so elects, to take control of the defense and investigation of such lawsuit or action and to employ and engage attorneys of its own choice (subject to the reasonable approval of Cutieville) to handle and defend the same, at your reasonable cost and expense. Cutieville Indemnitees shall cooperate in all reasonable respects, at your cost and expense, with you and such attorneys in the investigation, trial and defense of such lawsuit or action and any appeal arising therefrom. you shall not, without the prior written consent of Cutieville Indemnitees, effect any settlement of any proceeding in respect of which Cutieville Indemnitees is/are a party and indemnity has been sought hereunder unless such settlement of a claim, investigation, suit, or other proceeding only involves a remedy for the payment of money by you and includes an unconditional release of Cutieville Indemnitees from all liability on claims that are the subject matter of such proceeding.
If you shall have an indemnification, defense and hold harmless obligation, as above provided, and shall fail to assume such obligation, then Cutieville Indemnitees shall have the right, but not the obligation, to assume and maintain such defense (including reasonable counsel fees and costs of any suit related thereto) and to make any settlement or pay any judgment or verdict as Cutieville Indemnitees, in its/their sole and absolute discretion, deem necessary or appropriate; such costs of settlement, payment, expense and costs, including reasonable attorneys’ fees, to be reimbursed by you upon demand by Cutieville Indemnitees.
Cutieville may deduct or offset or withhold any Prizes if Cutieville, in its sole and absolute discretion, determines that you have committed some act that is likely to result in disputes, chargebacks or damages to Cutieville to which Cutieville would be entitled to indemnification by you.
- 18 TERMINATION
You may terminate this Agreement upon written notice to Cutieville at any time without Cause.
Cutieville may terminate this Agreement upon written notice to you at any time without Cause; such termination to be effective on the effective date stated in such writing and such termination to result in automatic withdrawal of any Photos you have in a Contest at the time of termination.
Failure to abide by the terms of this Agreement may, in the sole discretion of Cutieville, result in suspension or termination of your account.
Except in the event of termination by Cutieville for Cause, your right to receive your Prize(s) for Contests prior to the effective date of termination shall not be affected, subject to the provisions of this Agreement relating to disputes and indemnification.
Except as otherwise required by law, you will not have access to the Site, other than such elements of the Site not requiring prior registration, after termination of this Agreement.
- Disputes Between You and Cutieville
If and to the extent any dispute or claim as between you and Cutieville relating to this Agreement cannot be resolved through good faith negotiations, such dispute or claim shall be resolved exclusively by arbitration in New York, New York, USA, under and pursuant to the rules of the American Arbitration Association for New York City, in accordance with the laws of the State of New York, without regard to its conflict of law provisions. The prevailing Party shall be entitled to recover its cost and reasonable attorneys’ fees incurred in connection with such action from the other party.
You agree that any dispute you may bring to arbitration shall be as an individual only, not as a class or with or behalf of anyone else. You expressly waive any right to bring a class or collective action, or be a member in a class or collective proceeding. This arbitration may be forced under the Federal Arbitration Act and Cutieville may take any and all actions necessary to dismiss a class or collective actions or claims thereunder.
Notwithstanding the foregoing, in the event that monetary damages are not a sufficient remedy for any threatened or actual breach of this Agreement, in addition to monetary damages, either Party shall be entitled to seek other remedies at law, injunctive or other equitable relief and/or specific performance to remedy or prevent any threatened or actual breach of this Agreement in any court of competent jurisdiction without the requirement of a bond.
- a violation by you of the Standards of Conduct;
- conduct or words that could be perceived as inflammatory, disrespectful, racist, sexist or discriminatory, or promoting any political, religious or sexual view or preference; or
- conduct or words that are particularly inappropriate for minors; or
- any circumstance in which this Agreement and your association with Cutieville would tend to have a materially adverse effect on the reputation and image of Cutieville and/or the Site.
- 19 LIMITATION OF LIABILITY
IN NO EVENT WILL Cutieville BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS OR BUSINESS OPPORTUNITY, EVEN IF WE HAD BEEN ADVISED OF SUCH POSSIBILITY.
IN NO EVENT SHALL THE LIABILITY OF Cutieville ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THIS LIMITATION APPLIES TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY INDEMNIFICATION OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
For purposes of this section, any reference to “Cutieville” shall include Cutieville’s Affiliates and their respective owners, officers, employees, agents and contractors.
- 20 ASSIGNABILITY
Due to the uniqueness of the Photos, you may not assign this Agreement or delegate the duties hereunder. Any attempted assignment, transfer or delegation in violation of this subsection will be null and void. Cutieville may assign this Agreement upon written notice to you.
- 21 BINDING AGREEMENT
Subject to Section 22, this Agreement shall be binding upon and inure to the benefit the Parties and their respective successors and assigns. Subject to the foregoing sentence, this Agreement is for the exclusive benefit of you and Cutieville, and there shall be no third-party beneficiary to any of the provisions of this Agreement.
- 22 FORCE MAJEURE
Neither Party shall be responsible or liable for any delay or failure to fulfill any provision of this Agreement if such a delay or failure results directly or indirectly from any act of God, war, riot, insurrection, embargoes, acts of civil or military authorities, fires, floods, explosions, accidents, epidemics, pandemics, quarantines, stay-at-home orders or any other cause beyond the reasonable control of Cutieville.
- 23 MODIFICATIONS
Cutieville may amend this Agreement at any time, in its sole and absolute discretion by posting such changes on the Site. Your continued use of the Site after the effective date of any such modification shall be conclusive evidence of your consent to be bound by such modification.
No amendment, modification or waiver of any of the terms of this Agreement will be binding upon Cutieville except by a written instrument signed by a duly authorized representative of Cutieville or posted on the Site by Cutieville.
- 24 INTERPRETATION
You acknowledge and agree that you had sufficient time and opportunity to have this Agreement reviewed by your legal counsel. If this Agreement is ever construed, whether by a court or arbitrator, such court or arbitrator will not construe this Agreement, or any provision hereof, against any party as drafter.
This Agreement is written in English and, notwithstanding the translation or translatability into other languages, the English language version of this Agreement shall be controlling.
The headings used herein are for convenience only and shall not be deemed to define, limit or construe the contents of any provision of this Agreement. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
- 25 SEVERABILITY
If any provision of this Agreement is unenforceable under any applicable law or is held invalid, such holding shall not affect any other provision hereof, and the defective provision shall, if applicable law permits, be modified and interpreted in a manner that it is enforceable. Otherwise, the offending term or provision shall be omitted and not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- 26 SURVIVAL
Notwithstanding anything to the contrary contained herein, the terms of this Agreement that expressly or by their nature contemplate performance after this Agreement terminates will survive and continue in full force and effect.
Specifically, Sections 7, 9-11, 14 and 16-27 shall survive termination of this Agreement.
- 27 NOTICES
Any notices or other communications required or permitted hereunder shall be sufficiently given if by email addressed as follows, or to such other address as such Party may notify to the other Parties in writing:
Email To Cutieville: [email protected]
To You: At such address and email as you indicate in your application.
Each such notice, demand or request shall be deemed to have been received upon the earlier of (i) actual receipt if evidenced by a read receipt, or (ii) the date and time of a response by the receiving Party, or (iii) Two (2) business days after the date and time sent. The Parties shall notify the other of any change in address, which notification must be at least two business days in advance of it being effective. Notices may be given on behalf of any Party by such Party's legal counsel.
- 28 ENTIRE AGREEMENT
This Agreement, including the recitals, sets forth the entire agreement and understanding between you and Cutieville relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties and other communications between you and Cutieville, written or oral, to the extent they relate in any way to the subject matter hereof.