FUSE TERMS OF USE AGREEMENT

Please read these Terms of Use carefully, which include and hereby incorporate the Fuse Privacy Policy and Acceptable Use Policy (collectively, the "Terms"). This Terms of Use Agreement governs and applies to your access and use of the Fuse mobile application (the "Service" or "Fuse"). Fuse allows its users to share photos and thoughts with a select group of friends.

This document constitutes a legally binding agreement between you and Skout, Inc. ("Skout") The Service(s) are not intended for use by children under 13 years of age.

Agreement to Terms

By accessing or using our Service, you agree that (1) you are age 13 or older, (2) you understand and agree to these Terms, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms.

IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Changes to Terms of Services

We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the application or through other notifications. It's important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Site, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you can't use the Service anymore. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT SKOUT SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS. Except as may be expressly specified otherwise by Skout with respect to paid portions of the Service, we reserve the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.

Who May Use the Service

You may use the Service only if you are 13 years or older and are not prohibited from using the Service under applicable law or under any provision of these Terms. Additional eligibility requirements are as follows.

Privacy Policy

Please refer to the Fuse Privacy Policy for information on how we collect, use and disclose information, including personal information, from our users.

Creating a Fuse Account

To access and use the Services, you will need to register and create an account (your "Account"). You can do this by providing your first and last name, and mobile phone number.

It's important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. Your profile may be deleted, and your Account may be terminated without warning, if we believe that you are under 13 years of age, if you represent yourself as under the age of 18 and we believe that you have misrepresented your age, or if we believe you are over 18 and represent yourself as under 18.

Content and Content Rights

For purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service; and "User Content" means any Content that Account holders (including you) provide to be made available through the Service. Accordingly, Content includes but is not limited to User Content.

Content Ownership, Responsibility and Removal

Skout does not claim any ownership rights in any Content that you make available through the Service and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Skout and its licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content.

Rights in User Content Granted by You

By making any User Content available through Service you hereby grant to Skout a perpetual, non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Service and Content to you and to other Account holders.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Service, nor any use of your User Content by Skout on or through the Service will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or any other rights or result in the violation of any applicable law or regulation.

Rights in Content Granted by Skout

Subject to your compliance with these Terms, Skout grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Service and solely for your personal and non-commercial purposes.

Acceptable Use Policy, Rules and Restrictions and Our Enforcement Rights

Acceptable Use Policy

We ask that you respect our community of users and our desire for such users to feel safe when using the Services, including any Content. Accordingly, you agree that you'll only use the Services for lawful purposes and in a manner that is consistent with our Acceptable Use Policy. If you use the Services in a manner that is inconsistent with our Acceptable Use Policy we may suspend or terminate your Account.

Rules and Restrictions

As a condition of your use of the Services, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules set forth in the Services.

The Services are for your personal and noncommercial use only. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to the Services, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.

You also agree not to:

You further agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

This provision is not meant to be exhaustive, and Skout reserves the right to determine what conduct it considers to be in violation of this provision or otherwise outside the spirit of the Services and to take action, which may include termination of your Account and exclusion from further participation in the Services.

Skout's Enforcement Rights

Although we are not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so including, but not limited to, for the purpose of operating the Service, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, in our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

DMCA/Copyright Policy

Skout respects copyright law and expects its users to do the same. It is Skout's policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Skout's Copyright Policy, for further information. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.

Feedback

You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service ("Feedback") will be the sole and exclusive property of Skout and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. You agree that unless otherwise prohibited by law, Skout may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.

Termination

We may terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you. You may deactivate your Account at any time by uninstalling the application. When you deactivate your account, your profile and Account will not be viewable by other members of the Service. If you do not reactivate your account within 60 days, your Account may be terminated and closed. Upon any termination, discontinuation or cancellation of Service or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

THE SERVICE AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES OR ANY CONTENT.

Limitation of Liability

NEITHER SKOUT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES (REGARDLESS OF HOW SUCH DAMAGES ARE CHARACTERIZED) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT, OR BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKOUT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THESES EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE TOTAL LIABILITY OF SKOUT OR ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, CONSULTANTS OR AGENTS (COLLECTIVELY, THE "SKOUT PARTIES") ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID TO SKOUT FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SKOUT AND YOU.

General Provisions

These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements we might have between us regarding the Service. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Skout's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Skout may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Skout under these Terms, including those regarding modifications to these Terms, will be given: (i) by Skout via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Skout's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Skout. As used in these Terms, the word "including" means "including but not limited to." Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & Contact Information

Please contact us if you have any questions about our Terms.

Last Updated June 5th, 2014

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