iOS TOS

Terms & Conditions

Terms & Conditions and EULA agreement

1. ACCEPTANCE OF TERMS

The following terms and conditions are a legal agreement (the

“Agreement”) between you and Serendipity Solutions LLC

(“Serendipity”) with regard to your use of the website located at

www.uniqueteach.com. and any other sites and landing pages

operated by Serendipity (collectively referred to as the “website”).

Please read the Agreement carefully. By using the SERENDIPITY

website, and undertaking any purchase or investment in any product

or program, you understand, acknowledge and agree that you will

abide by this Agreement. The term “Agreement” includes these Terms

and Conditions of Use, together with any other terms posted on the

website, including the SERENDIPITY Privacy Policy, Disclaimer

regarding professional services, and any terms or rules which apply to

your participation in promotions, contests, sweepstakes, etc. (“Rules”).

All of these other documents are hereby incorporated into this

Agreement by this reference. As described in more detail below, this

Agreement does not address the terms applicable to any third-party

content or any websites or links that may direct you to third party

websites or web pages.

2. USER AGE REQUIREMENTS

The SERENDIPITY website is offered and made available only to

users 13 years of age or older, and if you are not at least 13 years old,

or your use of our SERENDIPITY website is prohibited or restricted in

any way by the laws of the jurisdiction from which you are accessing

the website, or if you do not agree to all of the terms of the

Agreement, you must cease using the SERENDIPITY website

immediately because by using or attempting to use the SERENDIPITY

website, you certify that you are at least 13 years of age and meet all

other eligibility requirements for your use of the SERENDIPITY

website. To complete the registration process, you must provide your

true and correct date of birth, and if such date does not establish that

you are at least 13 years of age, you will not be allowed to use the

SERENDIPITY website. Please read the SERENDIPITY Privacy

Policy, as it pertains to children under the age of 13.

3. REGISTRATION

Certain parts of the SERENDIPITY website are available to all users

without the need to register. You may access those pages and

features without registering; provided, however, we reserve the right to

make changes, limit or restrict those pages and features at any time in

our discretion, without notice to you. In order to access and use

certain services, features or functions of the SERENDIPITY website,

such as our Forums, and any interactive feature of the SERENDIPITY

website, you must register. As part of the registration process, you will

need to select and provide us with a unique username and choose a

password which must form a unique combination (a “User ID”), and

we also request that you provide your email address, and may request

that you provide other information as we may require. We may also

provide users with additional codes or passwords necessary to access

and use certain services, features or functions of the SERENDIPITY

website. Please read the SERENDIPITY Privacy Policy, which

describes the non-public, personally identifiable information (“Personal

Information”) we collect, use, disclose, manage and store. Your User

ID is personal to you and you must not allow any others to use your

User ID under any circumstances. SERENDIPITY disclaims any and

all liability for any damages caused by theft or disclosure of your User

ID. Do not disclose or authorize anyone else to use your User ID. You

agree to immediately notify us if you become aware of or believe there

is or may have been any unauthorized use of your User ID or any

other need to cancel your User ID for security reasons.

4. MODIFICATIONS

SERENDIPITY retains the right to change the terms of this Agreement

at any time in its sole discretion. We will post or display notices of

material changes on the SERENDIPITY website. Once posted, such

changes become effective immediately, and if you use the

SERENDIPITY website after they become effective, you thereby

agree to be bound by the changes. You should check back frequently

and review this Agreement regularly so you are aware of the most

current rights and obligations that apply to you. SERENDIPITY retains

the right to change, modify, withdraw, suspend or even permanently

discontinue all or any portions of the SERENDIPITY website at any

time, without any liability or obligation to you, with or without notice.

5. PRIVACY

We respect your privacy and the use and protection of your Personal

Information. Please see our SERENDIPITY Privacy Policy for

important information and disclosures relating to the collection and

use of your Personal Information in connection with your use of the

SERENDIPITY website. If you have any questions regarding

SERENDIPITY ’s privacy practices, you may send your question to us

by e-mail to mia@uniqueteach.com or by mail to Serendipity Solutions LLC d/b/a UniqueTeach, Ostende 1080 (Post Code 1828) Banfield, Lomas de Zamora,

Buenos Aires, Argentina

Telephone Number of Designated Agent: 54 9 11 7134 3551

Email Address of Designated Agent: mia@uniqueteach.com

6. USE OF MATERIAL

The SERENDIPITY website, including but not limited to all content,

information, media and materials, website code, design, text, images,

photographs, illustrations, audio and video material, media files, art,

graphics, articles, databases, proprietary information, writings, spoken

statements, music, video recordings, audio-visual works and

recordings, slides, portraits, animated and/or motion pictures,

caricatures, likenesses, vocal or other sounds, sound recordings,

voices, voice reproductions, computer graphics and visual effects, as

well as any associated documentation, and all copyrightable or

otherwise legally protectable elements of the SERENDIPITY website,

including, without limitation, the selection, sequence and ‘look and

feel’ and arrangement of items, and all derivative works, translations,

adaptations or variations of same, regardless of the medium,

broadcast medium, format or form, now known or hereinafter

developed or discovered, and regardless of where produced, on

location, in a studio or elsewhere, characters, real or imaginary, in any

part of the world, are the property of SERENDIPITY and/or its

Affiliates, and their Advertisers, licensors, suppliers, service providers,

promotional partners and/or sponsors (all of the foregoing, individually

and/or collectively, is referred to herein as “SERENDIPITY Materials”).

The SERENDIPITY Materials are legally protected, without limitation,

under U.S. Federal and State, as well as applicable foreign laws,

regulations and treaties.

SERENDIPITY authorizes you to access the SERENDIPITY Materials

and grants you the right to use the SERENDIPITY website solely for

your non-commercial, non-exclusive, non-assignable, non-transferable

and limited personal use and for no other purpose whatsoever. You

must not alter, delete or conceal any copyright or other notices

contained on the SERENDIPITY website, including notices on any

SERENDIPITY materials you download, transmit, display, print or

reproduce from the SERENDIPITY website. Unless we explicitly and

specifically notify you otherwise in writing, you shall not, nor will you

allow any third party to reproduce, modify, create derivative works

from, display, perform, publish, distribute, sell, upload, transmit,

disseminate, broadcast or circulate to any third party (including,

without limitation, on or via a third party website) or otherwise use, any

SERENDIPITY materials without the express prior written consent of

SERENDIPITY. Any unauthorized or prohibited use of any

SERENDIPITY materials, including use in contravention of this

Agreement, may subject you to civil liability, criminal prosecution, or

both.

You may not use any computerized or automatic mechanism,

including without limitation, any web spider or robot, to access, extract

or download any SERENDIPITY Materials from the SERENDIPITY

website. You hereby warrant to SERENDIPITY that you will not use

the SERENDIPITY website for any unlawful purpose or purpose

prohibited by this Agreement. If you violate any term of this

Agreement, your permission to use the SERENDIPITY Materials

automatically terminates and you must immediately cease all use

thereof and destroy any copies you have made of any of the

SERENDIPITY Materials. You are solely responsible for complying

with all import and export laws and regulations and all applicable laws

of any jurisdiction inside and outside of the United States from which

you may access the SERENDIPITY website.

We require users to respect our copyrights, trademarks, and other

intellectual property rights and those of others, including other users.

On notice, we will act expeditiously to remove content on the

SERENDIPITY website that infringes the copyright rights of others and

will disable the access to the SERENDIPITY website and its services

of anyone who uses them to repeatedly to infringe the intellectual

property rights of others. Specific procedures to notify us about

Making Claims of Copyright Infringement, as described in section 9

below.

The various trademarks, service marks, book titles, event or program

names, slogans, logos, and other distinctive identifications (“marks”)

on or of the SERENDIPITY website are the intellectual property of and

proprietary to SERENDIPITY, its Affiliates, its or their Advertisers,

suppliers and others with whom these entities may do business. You

have no right to use any of these marks or any confusingly similar

marks for any purpose without the express prior written consent of

SERENDIPITY.

All materials (whether audio, video, text or otherwise) which you may

purchase through the SERENDIPITY Website are subject to the

standard Purchase Agreement.

7. FORUMS AND POSTINGS

The SERENDIPITY website contains forum services, web

communities, and other message and communication facilities

(“Forums”) that may provide you and other users an opportunity to

submit, upload, post, display, transmit and/or exchange information,

ideas, opinions, information, files, messages, transmissions and

SERENDIPITY Materials with other users and/or with us and these

are referred to in this Agreement as a “Post” or “Posting.”

SERENDIPITY reserves the right at all times, but does not have the

obligation, to edit, refuse to post, or to remove any Posting, in whole

or part, that SERENDIPITY deems inappropriate for inclusion in the

Forums, for any reason or for no reason. Forums are public and not

private and you should assume your Postings may be read by others,

with or without your knowledge or permission. Although a particular

Forum may have a policy of limited membership or access,

SERENDIPITY disclaims all liability if unauthorized persons obtain

access to the Forum. You acknowledge that you use the

SERENDIPITY Forums is at your own risk and you should not

disclose or make available your personal information in any Posting or

in any Forum.

You use the Forums solely at your own risk and SERENDIPITY

neither endorses nor controls user Postings in the Forums, and

SERENDIPITY assumes no duty to monitor or endorse Postings

within the Forums, nor does SERENDIPITY represent or guarantee

the truthfulness, accuracy or reliability thereof or that any Posting

complies with the terms or conditions of this Agreement, and you

should not assume that any Posting is true, accurate or reliable.

You understand, acknowledge and agree that Postings originating

from any User ID are the sole responsibility of the individual

associated with that User ID. This means that you, and not

SERENDIPITY, are entirely responsible for the consequences of all

your Postings on the Forums or otherwise on the SERENDIPITY

website. Postings do not reflect the views of SERENDIPITY or any

Affiliates or advertisers. In no event shall SERENDIPITY or any

Affiliates or advertisers have or be construed to have any

responsibility or liability for or in connection with any Posting

whatsoever; provided, however, if we determine, in our sole discretion

and judgment, that any Posting does or may violate any of the terms

of this Agreement, violates any law or is otherwise objectionable, we

reserve the right, at any time and without limiting any and all other

rights we may have under this Agreement, at law or in equity, to: (a)

refuse to allow you to Post; (b) remove and delete Postings; (c) revoke

your right to use the Forums and the SERENDIPITY website; and/or

(d) use any technological, legal, operational or other means available

to us to enforce the provisions of this Agreement, including, without

limitation, blocking specific IP addresses or deactivating your

registration on SERENDIPITY and/or the Forums.

If a Posting originates from you or your User ID, you hereby agree

that:

(a) you are placing the Posting in the public domain without

reservation of any rights or further control over the Posting or its use

and you specifically authorize the SERENDIPITY website and

Affiliates to use such Posting in whole or in part, throughout the

universe, and you are granting SERENDIPITY and its Affiliates a

royalty-free, perpetual, irrevocable, unrestricted, unconditional,

non-exclusive license to use, reproduce, modify, publish, edit, adapt,

create derivative works from, translate, distribute, perform, display and

otherwise exploit such Posting and all elements thereof alone or as

part of other works in any form, media, or technology, whether now

known or hereafter developed or discovered, and to license and

sublicense such rights through multiple tiers of sub-licenses, all

without any notification or obligation to you, of compensation,

attribution or otherwise;

(b) you represent and warrant that (i) the Posting is original to you or

fully cleared for use as contemplated herein, (ii) the Posting does and

will not, in any way, violate or breach any of the terms of this

Agreement, (iii) the Posting does not contain libelous, tortious, or

otherwise unlawful information, infringe or violate any copyright or

other right, or contain any matter the publication or sale of which will

violate any law, regulation or other governmental requirement or

restriction, (iv) the Posting is not obscene or in any other manner

unlawful, (v) the Posting shall not be damaging or injurious to

SERENDIPITY, any Affiliates or any user, and (vi) we shall not be

required to pay or incur any sums to any person or entity as a result of

our use or exploitation of the Posting;

trademark, voice, likeness or image of any person, firm or enterprise,

you specifically represent and warrant that you have the right to place

such Posting in the public domain and grant SERENDIPITY and

Affiliates the right to use such Posting as described above; and

(d) we have the right to delete, re-format and/or change your Posting

in any manner that we may determine (although you will not be

responsible for any such changes made).

Your Posting may incorporate links to your content on third party sites,

such as your Facebook user page or a YouTube video, provided that

all such links comply with (i) the SERENDIPITY terms of use; and (ii)

the terms of use of the applicable third party site.

The amount of storage space on the SERENDIPITY website per user

is limited and some Postings may not be processed due to space

constraints or outbound message limitations. You understand,

acknowledge and agree we assume no responsibility for deletion of

Postings or any failure to store, receive or deliver Postings in a timely

manner or at all or as to any other matter relating to Postings. Posting

is for noncommercial purposes only and you may not Post in any

manner which does or is intended to promote or generate revenue for

any business enterprise or commercial activity.

8. RULES OF CONDUCT

It is a condition of your use of the SERENDIPITY website that you

abide by all applicable local, state, national laws and regulations and,

in some cases, international treaties. You are solely responsible for all

activities, acts and omissions that occur in, from, through or under

your User ID. You shall not use, allow, or enable others to use the

SERENDIPITY website, or knowingly condone use of the

SERENDIPITY website by others, in any manner that is, attempts to,

or might affect SERENDIPITY adversely or reflect negatively on us,

the SERENDIPITY website, our goodwill, name or reputation or cause

duress, distress or discomfort to us or anyone else, or discourage any

person, firm or enterprise from using all or any portion, features or

functions of the SERENDIPITY website, or from advertising, linking or

becoming a supplier to us in connection with the SERENDIPITY

website;be defamatory, libelous, indecent, vulgar or obscene,

pornographic, sexually explicit, racially, culturally, or ethnically

offensive, harmful, harassing, intimidating, threatening, hateful,

discriminatory, or abusive, or which may or may appear to

impersonate anyone other than yourself; send or result in the

transmission of spam, junk e-mail, chain letters, duplicative or

unsolicited messages, or so-called “spamming” and “phishing”; be

used for commercial or business purposes, including, without

limitation, advertising, marketing or offering goods or services,

whether or not for financial or any other form of compensation or

through linking with any other website or web pages; transmit,

distribute or upload programs or material that contain malicious code,

such as viruses, time bombs, cancel-bots, worms, Trojan horses,

spyware, or other potentially harmful programs or other material or

information; forge any TCP/IP packet header or part of the header

information in any e-mail or newsgroup posting for any reason;

violate any laws, regulations (including, without limitation, laws

regarding the transmission of technical data or software exported from

the United States), judicial or governmental order, any treaties or

violate or infringe upon any intellectual property rights, rights of

publicity or privacy, or any other rights of ours or of any other person,

firm or enterprise; gain unauthorized access to the SERENDIPITY

website, other users’ accounts, names, User IDs, personally

identifiable information or other computers, websites or pages,

connected or linked to the SERENDIPITY website or to use the

SERENDIPITY website in any manner which violates or is inconsistent

with the terms and conditions of this Agreement; modify, disrupt,

impair, alter or interfere with the use, features, functions, operation or

maintenance of the SERENDIPITY website or the rights or use and

enjoyment of the SERENDIPITY website by any other person, firm or

enterprise; or collect, obtain, compile, gather, transmit, reproduce,

delete, revise, view or display any material or information, whether

personally identifiable or not, posted by or concerning any other

person, firm or enterprise, in connection with their or your use of the

SERENDIPITY website, unless you have obtained the express, prior

permission of such other person, firm or enterprise to do so.

9. VIOLATIONS OF TERMS AND COPYRIGHT INFRINGEMENT

CLAIMS

If you believe that any SERENDIPITY Materials on the SERENDIPITY

website (including, without limitation, any Posting) violates any of the

terms or conditions of this Agreement, please send us a message

about it at mia@uniqueteach.com. We cannot guarantee that we will

respond to your message, and we reserve the right to take or refrain

from taking any or all steps available to us once we receive any such

message.

If you believe the SERENDIPITY website contains elements that

infringe your copyrights in your work, please follow these instructions:

Notice and Procedure for Making Claims of Copyright Infringement.

Pursuant to Title 17, United States Code, Section 512(c)(2), all

notifications of claimed copyright infringement on the SERENDIPITY

website should be sent ONLY to our Designated Agent. The following

information is provided solely for notifying SERENDIPITY that your

copyrighted material may have been infringed.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT

INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE

OR CUSTOMER SERVICE, REPORTS OR EMAIL ABUSE, etc.) TO

THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A

RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU

KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS

INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL

PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT

COSTS, AND ATTORNEY’S FEES INCURRED BY US, BY ANY

LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING

UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE

SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated

Agent: Website Administrator Serendipity Solutions LLC d/b/a Unique

Teach, Ostende 1080 (Post Code 1828) Banfield, Lomas de Zamora,

Buenos Aires, Argentina

Telephone Number of Designated Agent: 54 9 11 7134 3551

Email Address of Designated Agent: mia@uniqueteach.com

Under Title 17, United States Code, Section 512(c)(3)(A), the

Notification of Claimed Infringement must include the following:

(1) An electronic or physical signature of the owner or of the person

authorized to act on behalf of the owner of the copyright interest;

(2) Identification of the copyrighted work (or works) that you claim has

been infringed;

(3) A description of the material that you claim is infringing, and the

location where the original or an authorized copy of the copyrighted

work exists (for example, the URL of the page of the website where it

is lawfully posted; the name, edition and pages of a book from which

an excerpt was copied, etc.);

(4) A clear description of where the infringing material is located on

our website, including as applicable its URL, so that we can locate the

material;

(5) Your name, address, telephone number, and e-mail address;

(6) A statement that you have a good-faith belief that the disputed use

is not authorized by the copyright owner, its agent, or the law; and

(7) A statement by you, made under penalty of perjury, that the above

information in your notice is accurate and that you are the copyright

owner or authorized to act on the copyright owner’s behalf.

10. ADVERTISING

The SERENDIPITY website may contain various forms of

advertisements from our sponsors. As a result of this, you may choose

to communicate with, receive communications from, be redirected to,

interact with, or participate in or use the services or obtain goods and

services of or from, third parties such as our advertisers, sponsors, or

promotional partners (“Advertisers”). All such interaction is strictly and

solely between you and the Advertiser involved and SERENDIPITY is

not be responsible or liable to you in any way in connection with these

activities or transactions (including, without limitation, any

representations, warranties,

covenants, contracts or other terms or conditions that may exist

between you and the Advertiser or any goods or services you may

obtain from any Advertiser).

11. REPRESENTATIONS AND WARRANTIES

SERENDIPITY makes no representations or warranties of any kind

with respect to any of its products or programs.

12. SALES, FEES AND REFUND POLICY

Unless otherwise stated, all sales are final and there are NO

REFUNDS for any SERENDIPITY product or program. Any

agreement for periodic payments is for the sole convenience of the

client/customer and shall not obviate the requirement that the

client/customer is obligated for the total cost of the product or program

purchased and that payment in full is required for all products and

programs sold through or referenced on the website.

13. CREDIT CARDS ON FILE

Any credit card on file with SERENDIPITY is authorized and may be

charged for a SERENDIPITY product or program purchased through

or referenced on the website whether or not the card charged was

initially used for the purchase of the product or program.

14. LINKS TO OTHER SITES

The appearance, availability, or your use of URLs or hyperlinks

referenced or included anywhere on the SERENDIPITY website or

any other form of link or re-direction of your connection to, with or

through the SERENDIPITY website, does not constitute an

endorsement by, nor does it incur any obligation, responsibility or

liability on the part of SERENDIPITY, its Affiliates or any of its or their

respective officers, directors, employees, agents, representatives,

licensors, suppliers, and service providers, successors and permitted

assigns. We do not verify, endorse, or have any responsibility for, any

such third party sites, their business practices (including the

SERENDIPITY Privacy Policy above), or any goods or services

associated with or obtained in connection with any such site, whether

SERENDIPITY ’s or any Affiliates’ logo or sponsorship identification is

on the third party site as part of a co-branding or promotional

arrangement. If any third party site obtains or collects Personal

Information from you, in no event shall we assume or have any

responsibility or liability. Please read our

SERENDIPITY Privacy Policy which describes how SERENDIPITY

collects and uses your Personal Information and co-branding

relationships.

15. TERMINATION OF YOUR REGISTRATION

You may cancel your registration and User ID at any time and for any

reason by sending an email to mia@uniqueteach.com with your

username, password, and e-mail address and requesting termination

of your registration. SERENDIPITY may terminate your use of and

registration on the SERENDIPITY website, at any time and for any

reason, with or without cause, without prior notice to you and without

any liability or further obligation of any kind whatsoever to you or any

other party.

16. DISCLAIMERS

THE SERENDIPITY WEBSITE(S) AND ALL SERVICES, FEATURES,

FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE

MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS,

WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL

WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A

PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN

ADDITION, SERENDIPITY MAKES AND PROVIDES NO

GUARANTY OR ASSURANCE THE SERENDIPITY WEBSITE OR

ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR

THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS,

PRODUCTS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR

PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR

TIMES.

Without limiting the foregoing, we are not responsible or liable for any

malicious code, delays, inaccuracies, errors, or omissions arising out

of your use of the SERENDIPITY website. You acknowledge and

agree that you are assuming the entire risk of using the

SERENDIPITY website and the services, features and functions of

and/or associated with the SERENDIPITY website.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST

EXTENT PERMISSIBLE BY LAW, NEITHER SERENDIPITY, ITS

AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND

ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS,

DIRECTORS, EMPLOYEES, AGENTS, LICENSORS,

REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR

SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF

ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR

ARISING FROM USE OF THE SERENDIPITY WEBSITE OR

RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED

TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT,

SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM

OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some

jurisdictions do not allow for the exclusion of certain warranties or

certain limitations on damages and remedies, accordingly some of the

exclusions and limitations described in this Agreement may not apply

to you.

THE WEBSITE IS MAINTAINED ON SERVERS IN THE UNITED

STATES INTENDED FOR USERS AND USE OF THE WEBSITE

THAT IS NOT RESTRICTED OR PROHIBITED BY LAW OR

REGULATION. SERENDIPITY DISCLAIMS ALL LIABILITY FOR ANY

USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION

OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT

MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY.

17. INDEMNIFICATION

You agree to indemnify, defend (at our election) and hold harmless

SERENDIPITY, its Affiliates and its and their respective officers,

directors, employees, agents, licensors, representatives, Advertisers,

service providers and suppliers from and against any and all claims,

actions, losses, expenses, damages and costs (including, without

limitation, reasonable attorneys’ fees), resulting from any breach or

violation of this Agreement by you, or resulting from your Postings or

any SERENDIPITY Materials you provide, submit or make available

on or through the SERENDIPITY website or your unauthorized use of

any SERENDIPITY Materials. SERENDIPITY reserves the right to

assume, at its expense, the exclusive defense and control of any such

claim or action and all negotiations for settlement or compromise, and

you agree to fully cooperate with SERENDIPITY in the defense of any

such claim, action, settlement or compromise negotiations, as

requested by SERENDIPITY.

18. APPLICABLE LAW AND OTHER TERMS

This Agreement, including, without limitation, the SERENDIPITY

apply to your use of any specific services, features and functions, as

well as any other documents, policies and provisions we refer to in

any of the foregoing, all of which are hereby incorporated by this

reference, contains the entire understanding and agreement between

you and SERENDIPITY and supersedes any and all prior, inconsistent

or other understandings relating to the SERENDIPITY website and

your use of the SERENDIPITY website. This Agreement cannot be

modified, changed or terminated, except as specifically described in

Section 4 above.

If any provision of this Agreement is held to be illegal, invalid or

unenforceable, this will not affect any other provisions and this

Agreement will be deemed amended to the extent necessary to make

it legal, valid and enforceable. Any provision which must survive in

order to allow us to enforce its meaning shall survive termination of

this Agreement; provided, however, no action arising out of this

Agreement or your use of the SERENDIPITYwebsite, regardless of

form or the basis of the claim, may be brought by you more than one

year after the cause of action has arisen (or if multiple causes, from

the date the first such cause arose).

You agree that the SERENDIPITY website shall be deemed solely

based in Texas and that the SERENDIPITY website shall be deemed

a passive website that does not give rise to personal jurisdiction over

SERENDIPITY, either specific or general, in jurisdictions other than

Texas. This Agreement and your use of the SERENDIPITY website

shall be governed by, construed and enforced in accordance with the

substantive laws of the United States of America and the State of

Texas applicable to contracts made, executed and wholly performed in

that State, and, for the purposes of any and all legal or equitable

actions, you specifically agree and submit to the exclusive jurisdiction

and venue of the State and Federal Courts situated in the State of

Texas and County of Harris and agree you will not object to such

jurisdiction or venue on the grounds of lack of personal jurisdiction,

forum non conveniens or otherwise; provided, however, that

notwithstanding the foregoing, you agree that SERENDIPITY has the

right to commence and prosecute an action against you in connection

with this Agreement, in your home jurisdiction. Either SERENDIPITY

or you may demand that any dispute between the SERENDIPITY

website and you about or involving the SERENDIPITY website must

be settled by arbitration utilizing the dispute resolution procedures of

the American Arbitration Association (AAA) in Harris County, Texas,

USA, provided that the foregoing shall not prevent SERENDIPITY

from seeking injunctive relief in a court of competent jurisdiction. To

the extent it may be applicable, you agree to opt out from and

expressly exclude any applicability of the Uniform Computer

Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE

ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS

AGREEMENT, YOUR USE OF THE SERENDIPITY WEBSITE(s) OR

WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU

HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR

HEREAFTER POSSESS TO A TRIAL BY JURY.

A printed version of this Agreement and of any notice given in

electronic form shall be admissible in judicial or administrative

proceedings based upon or relating to this Agreement to the same

extent and subject to the same conditions as other business

documents and records originally generated and maintained in printed

form.

2. Serendipity LLC End-User License Agreement

This End-User License Agreement ("EULA") is a legal agreement

between Serendipity LLC ("Developer") and you, the end-user

("End-User"), governing your use of the Licensed Application. By

installing, accessing, or using the Licensed Application, you agree to

be bound by the terms of this EULA. If you do not agree to the terms

of this EULA, do not use the Licensed Application.

2.1. Acknowledgment

You and the End-User acknowledge that this EULA is concluded

solely between Developer and the End-User, and not with Apple Inc.

("Apple"). Developer is solely responsible for the Licensed Application

and its content. This EULA shall not conflict with the Apple Media

Services Terms and Conditions as of the Effective Date.

2.2. Scope of License

Developer grants the End-User a non-transferable license to use the

Licensed Application on any Apple-branded Products owned or

controlled by the End-User, in accordance with the Usage Rules set

forth in the Apple Media Services Terms and Conditions. This License

Application may also be accessed and used by other accounts

associated with the purchaser via Family Sharing or volume

purchasing.

2.3. Maintenance and Support

Developer is solely responsible for providing any maintenance and

support services for the Licensed Application, as specified in this

EULA or as required by applicable law. Apple has no obligation to

provide any maintenance or support services for the Licensed

Application.

2.4. Warranty

Developer is solely responsible for any product warranties, whether

express or implied by law, to the extent not effectively disclaimed. In

the event of any failure of the Licensed Application to conform to any

applicable warranty, the End-User may notify Apple, and Apple may

refund the purchase price for the Licensed Application. To the

maximum extent permitted by applicable law, Apple has no other

warranty obligation regarding the Licensed Application, and any other

claims, losses, liabilities, damages, costs, or expenses related to

warranty issues will be the sole responsibility of Developer.

2.5. Product Claims

Developer acknowledges that it is responsible for addressing any

claims from the End-User or any third party related to the Licensed

Application or its possession and use, including product liability

claims, compliance with legal or regulatory requirements, and claims

arising under consumer protection, privacy, or similar legislation. This

includes claims related to the use of HealthKit and HomeKit

frameworks. The EULA may not limit Developer's liability beyond what

is permitted by applicable law.

2.6. Intellectual Property Rights

In the event of any third-party claim that the Licensed Application or its

use infringes on third-party intellectual property rights, Developer will

be solely responsible for investigating, defending, settling, and

discharging such intellectual property infringement claims. Apple

bears no responsibility in this regard.

2.7. Legal Compliance

End-User represents and warrants that they are not located in a

country subject to a U.S. Government embargo or designated as a

"terrorist supporting" country, and they are not listed on any U.S.

Government list of prohibited or restricted parties.

2.8. Developer Name and Address

Developer's name and address, as well as contact information

(telephone number and email address), for End-User questions,

complaints, or claims regarding the Licensed Application, should be

directed to Developer.

2.9. Third-Party Terms of Agreement

End-User must comply with applicable third-party terms of agreement

when using the Licensed Application. For example, if the Licensed

Application is a VoIP application, End-User must not violate their

wireless data service agreement while using the application.

2.10. Third-Party Beneficiary

Both Developer and the End-User acknowledge and agree that Apple,

and its subsidiaries, are third-party beneficiaries of this EULA. Upon

the End-User's acceptance of the terms and conditions of this EULA,

Apple has the right to enforce this EULA against the End-User as a

third-party beneficiary.

By accepting this EULA, you and the End-User agree to comply with

its terms and conditions. If you have any questions or concerns about

this EULA, please contact Serendipity LLC using the contact

information provided in Section 8.