C'mon

Terms and Conditions of Use
Welcome to C'mon’s Terms and Conditions of Use (these “Terms”).
This is a contract between you and the C'mon (as defined further
below) and we want you to know your and our rights before you
use the C'mon website or application (“C'mon” or the “App”). Please
take a few moments to read these Terms before enjoying the App,
because once you access, view, or use the App, you are going to be
legally bound by these Terms (so probably best to read them first!).
Please be aware that if you subscribe to services for a term (the
“Initial Term”), then the terms of your subscription will be
automatically renewed for additional periods of the same duration
as the Initial Term at C'mon’s then-current fee for such services,
unless you cancel your subscription following Section 5
below.

1. C'mon RULES
Before you can use the App, you will need to register for an account
(“Account”). To create an Account you must:
1. be at least 15 years old; and
2. be legally permitted to use the App by the laws of your home
country.
You can create an Account via phone registration, or by using your
Google or Apple login details. If you create an Account using your
Google or Apple login details, you authorize us to access, display, and use certain information from your Google or Apple account. For
more information about what information we use and how we use it,
please check out our Privacy Policy.
Unfortunately, we cannot allow you to use another person’s Account
or to share your Account with any other person without permission. You’ll have great fun on C'mon, but if you feel the need to leave, you
can delete your Account at any time by going to the ‘Profile’ page
when you are logged in and clicking on the ‘Terminate account’ link.
Your Account will be deleted immediately as well as Your Content
(defined below) to be completely removed from the App. Your
profile information will be treated in accordance with our Privacy
Policy. If you delete your Account and try to create a new account
within this period using the same credentials, we will re-
activate your Account for you.
We reserve the right at our sole discretion to terminate or suspend
any Account, restrict access to the App or make use of any
operational, technological, legal, or other means available to enforce
the Terms (including without limitation blocking specific IP
addresses), at any time without liability and without the need to give
you prior notice. Without limiting the foregoing in any way, we
expressly reserve the right to terminate or suspend your Account
without notice (1) for violating these terms, (2) due to your conduct
on the App, or your conduct with other users of the App (including
your “offline” conduct), if we, in our sole discretion, determine your
conduct was inappropriate or improper, (3) if we or our affiliates, in
our or their sole discretion, determine your conduct on other apps
operated by our affiliates was inappropriate or improper, or (4) for
any reasons whatsoever that we deem, in our sole discretion,
justifies termination. If your Account is terminated or suspended, you
agree you will not receive a refund for any paid service or features
you have already been charged for.
You may not access, tamper with, or use non-public areas of the
App or our systems. Certain portions of the App may not be
accessible if you have not registered for an Account.

2. TYPES OF CONTENT
There are three types of content that you will be able to access on
the App:1. content that you upload and provide (“Your Content”);
2. content that members provide (“Member Content”); and
3. content that the C'mon provides (including, without limitation,
database(s) and/or software) (“Our Content”).

There is certain content we can’t allow on C'mon
We want our users to be able to express themselves as much as
possible and post all sorts of things on C'mon, but we have to
impose restrictions on certain content which:
• contains language or imagery that could be deemed
offensive or is likely to harass, upset, embarrass, alarm or
annoy any other person (including for example without
limitation, language that could be deemed discriminatory
towards an individual’s race, color, ethnicity, national origin,
religion, disability, sexual orientation, gender expression, gender
identity or physical appearance);
• is obscene, pornographic, violent, or otherwise may offend
human dignity (including for example and without limitation,
language that could be deemed discriminatory toward an
individual’s race, color, ethnicity, national origin, religion,
disability, sexual orientation, gender expression, gender identity
or physical appearance);
• is abusive, insulting or threatening, discriminatory, or which
promotes or encourages racism, sexism, hatred, or bigotry
(including for example and without limitation, language that
could be deemed discriminatory towards an individual’s race,
color, ethnicity, national origin, religion, disability, sexual
orientation, gender expression, gender identity, or physical
appearance);
• encourages any illegal activity including, without limitation,
terrorism, inciting racial hatred, or the submission of which in
itself constitutes committing a criminal offense;
• is defamatory or libelous;• relates to commercial activities (including, without limitation,
sales, competitions and advertising, links to other websites or
premium line telephone numbers);
• involves the transmission of “junk” mail or “spam”;
• contains any spyware, adware, viruses, corrupt files, worm
programs or other malicious code designed to interrupt,
damage or limit the functionality of or disrupt any software,
hardware, telecommunications, networks, servers, or other
equipment, Trojan horse, or any other material designed to
damage, interfere with, wrongly intercept, or expropriate any
data or personal information whether from C'mon or otherwise;
• itself, or the posting of which, infringes any third party’s rights
(including, without limitation, intellectual property rights and
privacy rights);
• shows another person who was created or distributed without
that person’s consent;
• is harmful to minors; or
• impersonates any other person, including falsely stating your
name.
C'mon operates a zero-tolerance policy for this kind of content.

Your Content
As Your Content is unique, you are responsible and liable for Your
Content and will indemnify, defend, release, and hold us harmless
from any claims made in connection with Your Content.
You may not display any personal contact or banking information
on your profile page whether in relation to you or any
other person (for example, names, home addresses, or postcodes,
telephone numbers, email addresses, URLs, credit/debit card or
other banking details). If you do choose to reveal any personal
information about yourself to other users, whether via email or
otherwise, it is at your own risk. We encourage you to use the same
caution in disclosing details about yourself to third parties online as
you would under any other circumstances. As C'mon is a public community, Your Content will be visible to other
users of the App all around the world instantly - so make sure you
are comfortable sharing Your Content before you post. As such, you
agree that Your Content may be viewed by other users and any
a person visiting, participating in, or who is sent a link to the App (e.g.
individuals who receive a link to a user’s profile or shared content
from other C'mon Users). By uploading Your Content on C'mon, you
represent and warrant to us that you have all necessary rights and
licenses to do so, and automatically grant us a non-exclusive,
royalty-free, perpetual, worldwide licence to use Your Content in any
way (including, without limitation, editing, copying, modifying,
adapting, translating, reformatting, creating derivative works from,
incorporating into other works, advertising, distributing and
otherwise made available to the general public such Content,
whether in whole or in part and any format or medium currently
known or developed in the future).
We may assign and/or sub-license the above license to our
affiliates and successors without any further approval by you.
We do not have any obligation to store Your Content - if it’s
important, you should make a copy.
So that we can prevent the unconsented use of Your Content by
other members or third parties outside of C'mon, you authorize us to
act on your behalf with respect to such infringing and/or
unauthorised uses. This expressly includes the authority, but not the
obligation, for us to send takedown notices (including, without
limitation, pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown
Notices)) on your behalf if Your Content is taken and used by a third
parties outside of C’mon.

Member Content
Other members of C'mon will also share content via the App.
Member Content belongs to the user who posted the content and is
stored on our servers and displayed via the App at the direction of
the user providing the Member Content. You do not have any rights in relation to other users’ Member
Content and you may only use other C'mon users’ personal
information to the extent that your use of it matches C'mon’s
purpose of allowing people to meet one another. You may not use
other users’ information for commercial purposes, spam,
harass, stalk, or make unlawful threats. We reserve the right to
terminate your Account if you misuse other users’ information.

Our Content
You may be wondering what happens to the rest of the Content on
C'mon. Well, it belongs to us! Any other text, content, graphics, user
interfaces, trademarks, logos, sounds, artwork, and other intellectual
property appearing on C'mon, as well as the C'mon software and
database(s), are owned, controlled, or licensed by us, and are
protected by copyright, trademark, data, database rights, and/or
other intellectual property law rights. All right, title and interest in and
to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable,
revocable, licence to access and use Our Content, without the right
to sublicense, under the following conditions:
1. you shall not use, sell, modify, or distribute Our Content except
as permitted by the functionality of the App;
2. you shall not use our name in metatags, keywords, and/or
hidden text;
3. you shall not create derivative works from Our Content or
scrape, disable, decompile, analyze, or in any way
commercially exploit Our Content, in whole or in part, in any
way; and
4. you shall use Our Content for lawful purposes only.
We reserve all other rights.

No Obligation to Pre-Screen Content.
Since C'mon is an online community, we generally try to avoid
getting in the way and therefore don’t assume any obligation to pre-
screen any of Your Content or any Member Content. However, there may be times when we need to step in, and we reserve the right to
review, pre-screen, refuse, and/or remove any Member Content and
Your Content, including content exchanged between users indirect
messages.

3. RESTRICTIONS ON THE APP
You agree to:
• comply with all applicable laws, including without limitation,
privacy laws, intellectual property laws, anti-spam laws, equal
opportunity laws and regulatory requirements;
• use your real name and real age in creating your C'mon
account and on your profile; and
• use the services in a professional manner.
You agree that you will not:
• act in an unlawful or unprofessional manner including being
dishonest, abusive, or discriminatory;
• misrepresent your identity, your age, your current or previous
positions, qualifications, or affiliations with a person or entity;
• disclose information that you do not have consent to
disclose;
• stalk or harass any other user of the App;
• create or operate a pyramid scheme, fraud or other similar
practice, or;
• develop, support or use software, devices, scripts, robots, and other
types of mobile code or any other means or processes
(including crawlers, browser plugins and add-ons or other
technology) to scrape or otherwise exfiltrate from C'mon or its
services, or otherwise copy profiles and other data from the
services.
We don’t like users misbehaving in the C'mon community. You can
report any abuse or complaints about Member Content by contacting
us, outlining the abuse and/or complaint. You can also report a user
directly from a profile or in chat by clicking the ‘Block & Report’ link. We reserve the right to investigate any possible violations of these
Terms, any C'mon user’s rights, or any third party rights and we may,
in our sole discretion, immediately terminate any user’s right to use
of the App without prior notice, as set out further in Section 1 above,
and/or remove any improper, infringing or otherwise unauthorized
Member Content submitted to the App.
We don’t control any of the things our users say or do, so you are
solely responsible for your interactions with other users of the App.
YOU UNDERSTAND THAT C'mon DOES NOT CURRENTLY CONDUCT
CRIMINAL BACKGROUND CHECKS ON ITS USERS. C'mon ALSO DOES
NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO
VERIFY THE STATEMENTS OF ITS USERS. C'mon MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY
USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE
USERS. C'mon RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL
BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX
OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE
AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, release C’mon and its successors from
any claims, demands, losses, damages, rights, and actions of any
kind, including personal injuries, death and property damage, that
either directly or indirectly arises from your interactions with or
conduct of other users of the App. If you are a California resident,
you hereby waive California Civil Code Section 1542, which states, “A
general release does not extend to claims that the creditor or
releasing party does not know or suspect to exist in his or her favor
at the time of executing the release and that, if known by him or her,
would have materially affected his or her settlement with the debtor
or released party.” The foregoing release does not apply to any
claims, demands, or any losses, damages, rights and actions of any
kind, including personal injuries, death or property damage for any
unconscionable commercial practice by C’mon or for such party’s
fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the
App.
Scraping or replicating any part of the App without our prior consent
is expressly prohibited. This includes by any means (automated or
otherwise) other than through our currently available, published
interfaces - unless you have been specifically allowed to do so in a
a separate agreement with us.

4. PRIVACY
For information about how the C'mon collects, uses, and shares your
personal data, please check out our Privacy Policy. By using C'mon,
you acknowledge that we may use such data in accordance with
our Privacy Policy.

5. PAYMENT TERMS
Generally.
C'mon may offer products and services for purchase on the App
(“In-App Purchase”). If you choose to make an In-App Purchase, you
acknowledge and agree that additional terms, disclosed to you at
the point of purchase may apply, and that such additional terms
are incorporated herein by reference.
You may make an In-App Purchase through the following payment
methods (“Payment Method”): (a) purchasing a
third-party platforms such as the Apple App Store and Google Play
Store (“Third Party Store”), or (b) pay with your credit card, debit
card, or PayPal account, which will be processed by a third party
processor. Once you have made an In-App Purchase, you authorize
us to charge your chosen Payment Method. If payment is not
received by us from your chosen Payment Method, you agree to
promptly pay all amounts due upon demand by us.

Subscriptions and Auto-Renewal: C'mon may offer some services
as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription
(“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY
RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE
END OF THE PERIOD, UNLESS YOU CANCEL, AT C'mon’S THEN-
CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a
new subscription period, you must cancel, as described below,
before the end of the then-current subscription period. Deleting your
account or deleting the application from your device does not
cancel your subscription. You will be given notice of changes in the
pricing of the Premium Services to which you have subscribed and
an opportunity to cancel. If C'mon changes these prices and you do
not cancel your subscription, you agree that you will be charged at
C'mon’s then-current pricing for subscription.

Canceling Subscriptions. If you purchased a subscription directly
from C'mon, you may cancel or change your Payment Method via
the payment settings option under your profile. If you purchased a
subscription through a Third Party Store, such as the Apple App Store
or the Google Play Store, you will need to access your account with
that Third Party Store and follow instructions to change or cancel
your subscription. If you cancel your subscription, you may use your
subscription until the end of the period you last paid for, but (i) you
will not (except as set forth in the subsection entitled “Refunds”
below) be eligible for a prorated refund, (ii) your subscription will not
be renewed when that period expires and (iii) you will then no longer
be able to use the Premium Services or In-App Purchases enabled
by your subscription.

Free Trials. If you sign up for a free trial and do not cancel, your trial
may convert into a paid subscription and your Payment Method will
be charged at the then-current price for such subscription. Once
your free trial converts to a paid subscription, your paid subscription
will continue to automatically renew at the end of each period, and
your Payment Method will be charged, until you cancel. To avoid
charges for a new subscription period, you must cancel before the
end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application
from your device does not cancel your free trial. If you have signed
up for a free trial on C'mon through the Apple Store or Google Play
Store previously, you will not be eligible for another free trial and you
will then be automatically signed up to a subscription and charged
as described in this paragraph.

Refunds. Generally, all charges for purchases are nonrefundable,
and there are no refunds or credits for partially used periods.
For subscribers residing in Arizona, California, Connecticut, Illinois,
Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and
Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at
any time before midnight of the third business day following the
the date you subscribed. If you die before the end of your
subscription period, your estate shall be entitled to a refund of that
a portion of any payment you had made for your subscription which is
allocable to the period after your death. In the event that you
become disabled (such that you are unable to use C'mon) before
the end of your subscription period, you shall be entitled to a refund
of that portion of any payment you had made for your subscription
which is allocable to the period after your disability by providing the
company notice in the same manner as you request a refund as
described below.
To request a refund:
In addition to canceling, you must request a refund to receive one. If
you subscribed using your Apple ID, refunds are handled by Apple,
not C'mon. To request a refund, go to iTunes, click on your Apple ID,
select “Purchase history,” find the transaction and hit “Report
Problem”. You can also submit a request at https://
getsupport.apple.com.
For all other purchases: please contact customer support with your
order number (you can find the order number in the order
confirmation email, or if you purchased from the Google Play Store
by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are
canceling this agreement, or words of similar effect. Please also
include the email address or mobile number associated with your
account along with your order number.

6. VIRTUAL ITEMS
At times, you may be able to purchase a limited, personal, non-
a transferable, non-sublicensable, revocable license to access special
limited-use features from C'mon, referred to here as “Virtual Items.”
You can only purchase Virtual Items through C'mon or C'mon’s
partners. Virtual Items represent a limited license right governed by
this Agreement, and, except as otherwise prohibited by applicable
law, no title or ownership in or to Virtual Items is being transferred or
assigned to you. This Agreement, and your purchase of Virtual Items,
do not constitute the sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute
a real-world balance or reflect any stored value, but instead shows
the extent of your license to access Virtual Items. Virtual Items do
not incur fees for non-use. Your license in Virtual Items will terminate
on the earlier of C'mon ceasing provision of services or your account
closing or terminating. C'mon may also at times provide Virtual
Items as bonuses to, or parts of, paid subscriptions for its services.
Your ability to use Virtual Items you have access to in this manner
may terminate at the end of each of your subscription periods and
your access to Virtual Items may not “roll over” or accumulate
through additional subscription periods. Your access to Virtual Items
gained through subscriptions may also end if you cancel your
subscription.
C'mon, in its sole discretion, reserves the right to charge fees for the
right to access or use Virtual Items and/or may distribute Virtual
Items with or without charge. C'mon may manage, regulate, control,
modify, or eliminate Virtual Items at any time, including taking
actions that may impact the perceived value or purchase price, ifapplicable, of any Virtual Items and C'mon shall have no liability to
you for doing so. You shall not sell, redeem, or otherwise transfer
Virtual Items to any person or entity. Virtual Items may only be
redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH
OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE
THAT C'mon IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON,
AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION
FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER
SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

7. PUSH NOTIFICATIONS
LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications,
alerts and other messages related to the App and/or the C'mon
services, such as enhancements, offers, products, events, and other
promotions. After downloading the App, you will be asked to accept
or deny push notifications/alerts. If you deny it, you will not receive any
push notifications/alerts. If you accept, push notifications/alerts will
be automatically sent to you. If you no longer wish to receive push
notifications/alerts from the App, you may opt-out by changing your
notification settings on your mobile device. With respect to other
types of messaging or communications, such as emails, text
messages, etc., you can unsubscribe or opt-out by either following
the specific instructions included in such communications, or by
emailing us with your request at arturstaranda@gmail.com
The App may allow access to or make available opportunities for
you to view certain content and receive other products, services
and/or other materials based on your location. To make these
opportunities available to you, the App will determine your location
using one or more reference points, such as GPS, Bluetooth and/or
software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location-determining
software or do not authorize the App to access your location data,
you will not be able to access such location-specific content,
products, services and materials. For more about how the App uses
and retains your information, please read the Privacy Policy.

8. DISCLAIMER
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED
TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY
OF ANY MATCHES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF
EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM
EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR
THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT YOUR
USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE
APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION
THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP
OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR
INTERACTIONS WITH OTHER MEMBERS. THE C'mon IS NOT RESPONSIBLE
FOR THE CONDUCT OF ANY USER. C'mon DOES NOT CONDUCT
CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

9. LIMITATION OF LIABILITY
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR
GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD
PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE,
OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED,
WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY
OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY
WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
STOP YOUR USE OF THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF
THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO
YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE
INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE
LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE
BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE
APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS
AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY,
DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE
EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE
FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR
FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT
CANNOT BE LIMITED BY APPLICABLE LAW.

10. INDEMNITY
All the actions you make and information you post on C'mon remain
your responsibility. Therefore, you agree to indemnify, defend,
release, and hold us, and our partners, licensors, affiliates,
contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages
(actual and/or consequential), actions, proceedings, demands,
losses, liabilities, costs, and expenses (including reasonable legal
fees) suffered or reasonably incurred by us arising as a result of, or
in connection with:
1. any negligent acts, omissions or wilful misconduct by you;
2. your access to and use of the App;
3. the uploading or submission of Content to the App by you;
4. any breach of these Terms by you; and/or
5. your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and
all claims or causes of action which are brought against us without
your prior consent. If we ask, you will co-operate fully and
reasonably as required by us in the defence of any relevant claim.
The foregoing provision does not require you to indemnify C'mon for
any unconscionable commercial practice or any fraud, deception,
false promise, misrepresentation or concealment, suppression or
omission of any material fact in connection with the App.

11. THIRD-PARTY APP STORE
The following additional terms and conditions apply to you if you
download the App from a Third Party Store. To the extent that the
other terms and conditions of these Terms are less restrictive than,
or otherwise conflict with, the terms and conditions of this Section,
the more restrictive or conflicting terms and conditions in this
The section will apply, but solely with respect to the App and the Third
Party Store. You acknowledge and agree that:
1. These Terms are concluded solely between you and the C'mon
and not with the providers of the Third Party Store and the
C'mon (and not the Third Party Store providers) is solely
responsible for the App and the content thereof. To the extent
that these Terms provide for usage rules for the App which are
less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the
more restrictive or conflicting terms of the Third Party Store will
take precedence and will apply.
2. The Third Party Store provider has no obligation whatsoever to
provide any maintenance and support services with respect to
the App. The C'mon is solely responsible for any product
warranties, whether express or implied by law, to the extent not
effectively disclaimed. The Third Party Store provider will have
no warranty obligation whatsoever with respect to the App, and
any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be
the sole responsibility of the C'mon.
3. The C'mon, not the Third Party Store provider, is responsible for
addressing any claims you or any third party may have relating
to the App or your possession and/or use of the App, including,
but not limited to (i) product liability claims; (ii) any claim that
the app fails to conform to any applicable legal or regulatory
requirement; (iii) claims arising under consumer protection or
similar legislation; and/or (iv) intellectual property infringement
claims.
4. The Third Party Store provider and its subsidiaries are third
party beneficiaries of these Terms, and, upon your acceptance
of these Terms, the Third Party Store provider from whom you
obtained the App will have the right (and will be deemed to
have accepted the right) to enforce these Terms against you
as a third-party beneficiary thereof.
In the event of a conflict between a Third Party Store’s or mobile
carrier’s applicable terms and conditions and these Terms, the
terms and conditions of the Third Party Store or mobile carrier shall
govern and control. We are not responsible and have no liability
whatsoever for third-party goods or services you obtain through a
Third Party Store or mobile carrier. We encourage you to make
whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third
parties.

12. TERMINATION AND REMEDIES
These Terms commence on the date you accept them (as
described in the preamble) and continue until terminated in
accordance with the terms herein.
If you want to terminate these Terms, you may do so by (a) notifying
C'mon at any time, and (b) closing your Account. Your notice should
be sent to C'mon’s address below. Please note that if you terminate
these Terms, your subscription will continue until the end of the
subscription period for which applicable fees have been paid, and
you will not be entitled to a refund except as stated in Section 5.
C'mon may terminate or suspend these Terms, including your
Account, if you breach these Terms or if C'mon is required to do so
by applicable law. You agree that all terminations for cause shall be
made in C'mon’s sole discretion and that C'mon shall not be liable to
you or any third party for any termination of your Account.
In the event that C'mon determines, in its sole discretion, that you
have breached any portion of these Terms, or have otherwise
demonstrated conducted inappropriate for the App, C'mon reserves
the right to: (a) warn you via email (to any email addresses you
have provided to C'mon) that you have violated the Terms; (b)
delete your User Content; (c) discontinue your Account; (d)
discontinue your subscription(s); (e) notify and/or send your User
Content to and/or fully cooperate with the proper law enforcement
authorities for further action; and/or (f) pursue to any other action
which C'mon deems to be appropriate.
Termination of these Terms or your Account includes the removal of
access to your Account, and all related information and content
associated with or inside your Account.
All provisions of these Terms, which by their nature should survive,
shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty
disclaimers and limitation of liability.

13. MISCELLANEOUS
There are a few more things we need to mention before you can use
C'mon.
These Terms, which we may amend from time to time, constitute the
entire agreement between you and the C'mon. The Terms supersede
all previous agreements, representations, and arrangements
between us (written or oral), excluding the Privacy Policy. Nothing in
this clause shall limit or exclude any liability for fraudulent
misrepresentation.
The C'mon has taken reasonable steps to ensure the currency,
availability, correctness and completeness of the information
contained on C'mon and provides that information on an "as is", and "as
available" basis. The C'mon does not give or make any warranty or
representation of any kind about the information contained on
C'mon, whether express or implied. Use of C'mon and the materials
available on it is at your sole risk. The C'mon is not responsible for
any loss arising from the transmission, use of data, or inaccurate
Member Content.
You are responsible for taking all necessary precautions to ensure
that any material you may obtain from C'mon is free of viruses or
other harmful components. You accept that C'mon will not be
provided uninterrupted or error-free, that defects may not be
corrected or that The C'mon, or the server that makes it available,
are free of viruses or bugs, spyware, Trojan horses or any similar
malicious software. The C'mon is not responsible for any damage to
your computer hardware, computer software, or other equipment or
technology including, but without limited damage from any
security breach or from any virus, bugs, tampering, fraud, error,
omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other
malfunction.
The communications between you and C'mon may take place via
electronic means, whether you use the App or send C'mon emails, or
whether C'mon posts notices in the App or communicates with you
via email. For contractual purposes, you (a) consent to receive
communications from C'mon in electronic form; and (b) agree that
all terms and conditions, agreements, notices, disclosures, and other
communications that C'mon provides to you electronically satisfy if
it were to be in writing.
As C'mon grows, we might have to make changes to these Terms so
we reserve the right to modify, amend or change the Terms at any
time (a “Change”). If we do this then the Changes will be posted on
this page and we will indicate the Effective Date of the updates at
the bottom of the Terms. In certain circumstances, we may send an
email to you notifying you of a Change. It’s also possible that we
might ask you to agree to our Changes, but we’ll let you know. You
should regularly check this page for notice of any Changes – we
want our users to be as informed as possible.
Your continued use of C'mon following any Change constitutes your
acceptance of the Change and you will be legally bound by the new
updated Terms. If you do not accept any Changes to the Terms, you
should stop using C'mon immediately.