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MissionCat
FEEDBACK POLICY
Thank you for your feedback. At MissonCat we respect your rights to your ideas, thus, please do not submit any confidential ideas, information, or suggestions in any form to MissonCat or any of its affiliates. For any ideas, suggestions, information, you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary, and the following terms shall apply to your submissions:
You agree that:
These Terms of Service constitute a legally binding agreement between you and Mission Cat, Inc. (“MissionCat”) governing your use of the MissionCat Platform. MissionCat’s websites (including www.missioncat.com missioncat.org (the “Sites”), mobile applications (the “Apps”), and related services, information and communications are collectively referred to as the “MissionCat Platform.”
The use of all personal data you submit to the MissionCat Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). You acknowledge that by using the MissionCat Platform you have reviewed the Privacy Policy.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE MISSIONCAT PLATFORM.
A few highlights of these Terms of Service include:
The MissionCat Platform is a web- and app-based two-sided marketplace which enables connections between Clients and Missioners. “Clients” are individuals and/or businesses seeking to obtain short-term services (“Missions”) from Missioners and are therefore clients of Missioners, and “Missioners” are businesses seeking to perform missions for Clients. Clients and Missioners together are hereinafter referred to as “Users.” If you agree on the terms of a Missioner with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
MISSIONERS ARE INDEPENDENT BUSINESS OWNERS. MISSIONERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF MISSIONCAT. MISSIONCAT DOES NOT PERFORM MISSIONS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM MISSIONS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, MISSION CAT OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (MISSIONERS) WHO WISH TO PERFORM A VARIETY OF MISSIONS.
USERS HEREBY ACKNOWLEDGE THAT MISSIONCAT DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A MISSIONERS’ WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE MISSIONS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the MissionCat Platform to a Missioner being licensed or credentialed in some manner, or “badged,” “reliable,” “reliability rate,” “elite,” “great value,” “background checked,” “vetted” (or similar language) designations indicates only that the Missioner has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by MissionCat of such Missioner’s skills or qualifications or whether they are licensed, insured, trustworthy, safe, or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Missioners whom they select, interact, or contract with via the MissionCat Platform.
The MissionCat Platform enables connections between Users for the fulfillment of Missions. MissionCat is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Missions, Missioner’s, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. MissionCat makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Missions requested or services provided by, or the communications of or between, Users identified through the MissionCat Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
Missioners may be subject to a review process before they can register for and during their use of the MissionCat Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate (“Background Checks”). Although MissionCat may perform Background Checks, MissionCat cannot confirm that any User is who they claim to be, and MissionCat cannot and does not assume any responsibility or liability for the accuracy or reliability of Background Check information.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. MissionCat will not be liable or responsible for any false or misleading statements made by Users of the MissionCat Platform.
NEITHER MISSIONCAT, NOR ITS PARENT COMPANIES, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MISSIONCAT PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE MISSIONCAT AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MISSIONCAT PLATFORM.
All Users represent and warrant that:
Missioners additionally represent and warrant that:
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Mission. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the MissionCat Platform, and any other contractual terms accepted by both the Missioner and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand MissionCat obligations or restrict MissionCat rights under this Agreement. MissionCat is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between MissionCat and the Missioner, nor will it create an employment relationship between the User and the Missioner. Users do not have authority to enter written or oral — whether implied or express — contracts on behalf of MissionCat.
Where approved in advance by the Client, the Missioner is not obligated to personally perform the Mission. Missioners may engage assistants, helpers, subcontractors, or other personnel (collectively “Missioner Assistants”). For safety reasons, such Missioner Assistants must be registered through the MissionCat Platform. A Missioner’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the MissionCat Platform. The Missioner assumes full and sole responsibility for the acts and omissions of such Missioner Assistants and is fully responsible for the lawful payment of all compensation, benefits, and expenses of Missioner Assistants, if any, and for all required and applicable tax withholding as to such Missioner Assistants. Clients are responsible for confirming with their Missioner that any Missioner Assistants are registered Missioners on the MissionCat Platform.
While using the MissionCat Platform, Clients, in their sole discretion, determine whether they will be present or not when a Mission is performed. Clients agree that if someone other than them books the Mission on their behalf or is present in their stead when the Mission is performed, they are appointing that person as their agent (“Client’s Agent”) and the Missioner may take and follow direction from the Missioners Agent as if such direction was given from the Client him- or herself. If you are a Client’s Agent and accessing and using the MissionCat Platform on behalf of a client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client’s Agent may authorize any applicable waiver of the Client’s scoping, direction, or instruction of the Missioner’s work or performance of the Mission in the Client’s stead. Client agrees that such direction and/or waiver is valid against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents.
The Client shall pay their Missioner’ in full for all Mission services via the MissionCat Platform as indicated on the MissionCat Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance, and completion of a Mission.
Users of the MissionCat Platform contract for Missions directly with other Users. MissionCat will not be a party to any contracts for Missions. Client, and not MissionCat, is responsible for payment in relation to all Mission services through the MissionCat Platform. Such payment must be made via the MissionCat Platform. MissionCat is not obligated to compensate Missioner for Client’s failure to pay for services.
The MissionCat Payment, service charge, and Trust & Support fee must be paid through the MissionCat Platform. Clients on the MCP will be required to provide their payment method details to MissionCat and the MissionCat Platform. Missioners are responsible for accurately invoicing their clients within 24 hours of the work being performed, even if the Mission is not completed in its entirety or is designated as “ongoing”. Clients will be responsible for paying the invoice(s) for each Mission (the “Invoice(s)” ), which will include (a) the pricing terms of the Mission provided by the Missioner and agreed upon by the parties (“Mission Payment” ), (b) any out of pocket expenses agreed upon by the parties and submitted by the Missioner in connection with the Mission, (c) the service charge MissionCat assesses to the Client for access to and information regarding Missioners, and (d) the Trust & Support Fee MissionCat assesses to the Client for customer support, other various services, or (e) cancellation charges, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s), and all such tips or gratuities shall go directly to the Missioner. Clients may also be charged credit card processing fees equal to 3% of the aggregate expense amount if expenses related to a Mission individually, or Missions in the aggregate over a 30-day period, exceed $300 as applicable. Missioners will be responsible for paying (i) registration fees, if applicable, and (ii) repayment of erroneous payments.
Missioners will be required to set up an account with the MCP, which may require any or all the following: registration with the MCP, consent to the terms of service of the MCP, and completion of a vetting process and/or account validation at the request of the MCP. By accepting these Terms of Service, each Missioner agrees that they have downloaded or printed, and reviewed and agreed to, the MCP Services Agreement (the “MCP Services Agreement” ). Please note that MissionCat is not a party to the MCP Services Agreement and that you, the MCP and any other parties listed in the MCP Services Agreement are the parties to the MCP Services Agreement and that MissionCat has no obligations, responsibility or liability to any Missioner, including the Missioner Assistant or other party under the MCP Services Agreement.
To help prevent fraud and safeguard User information from the risk of unauthorized access, MissionCat and/or the MCP may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days. This temporary charge may vary depending on the estimated value of the Mission and expenses.
When a Client receives confirmation through the MissionCat Platform or via email that a Mission has been completed, Client automatically authorizes the MCP to process the Invoice(s). Clients may be billed a one-hour cancellation charge as damages at the Missioners hourly rate through the MCP if you book a Mission, but cancel it before the scheduled time for performance.
MissionCat reserves the right (but not the obligation) upon request from Client or Missioner, or upon notice of any potential fraud, unauthorized charges, or other misuse of the MCP, to place on hold any Mission Payment, out of pocket expenses, and/or tip or gratuity (if applicable), or refund or provide credits, or arrange for the MCP to do so.
Users of the MCP may be liable for any taxes or similar charges (including VAT, if applicable in the country where the Mission is performed) required to be collected and/or paid on the Mission and/or fees provided under the Agreement.
In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that MissionCat may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.
MissionCat may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of MissionCat, and can be implemented, modified, or removed at any time by MissionCat without advance notification. The liability of MissionCat and Affiliates, as well as any of MissionCat corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 17 of these Terms of Service.
MissionCat gift cards (“Gift Cards” ), Coupon codes (“Coupons”) and promotional codes ( “Promo Codes” ) may be available and can be used to pay Mission Payments and the MissionCat service charge and Trust & Support fee in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips or gratuity associated with a Mission provided through the Mission Cat Platform.
Promo Codes are an offer by MissionCat to reduce the amount a Client has to pay in relation to a Mission Payment, service charge, and/or Trust & Support fee. Promo Codes serve as a discount for the Client’s benefit, but will not affect the amount of the Missioner Payment a Missioner ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between MissionCat or the Missioner or Client, or constitute wages, fees or other amounts paid to the Missioner. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once per User, regardless of the email address used during registration. MissionCat reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.
Gift cards can only be used in connection with Missions performed on the MissionCat Platform, are not replaceable if lost or stolen, and have no expiration date. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Client account; they may not be directly accepted by Missioners as a payment method.
A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or add value/balance) to your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. MissionCat reserves the right to correct the balance of a Gift Card if MissionCat believes that a billing error has occurred. MissionCat reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to this Agreement and use of a Gift Card constitutes acceptance thereof.
You agree to comply with all Gift Card terms and conditions.
The MissionCat Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, mission postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of MCP, you should not share your personal contact information with other Users.
Without limitation, the MissionCat Platform may not be used for any of the following purposes:
While using MissionCat Platform (“MCP”), you may not:
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. MissionCat will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the MCP. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with MissionCat servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.
MissionCat may suspend your right to use MCP pending its investigation of a potential breach by you of this Agreement. MissionCat may deactivate your account or limit your use of the MissionCat Platform upon its determination that you breached a provision of this Agreement (a “User Breach” ). MissionCat will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety. If you wish to appeal this determination, please contact: policies@missioncat.com within 14 days of receipt of such notice with the grounds for your appeal.
If MissionCat suspends or deactivates your account or limits your use of the MCP pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the MCP is suspended, terminated, or limited, this Agreement will remain enforceable against you. MissionCat reserves the right to take appropriate legal action pursuant to the Agreement.
MissionCat reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the MCP at its sole discretion. MissionCat will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, MissionCat shall not be liable to you for any modification or discontinuance of all or any portion of the MCP. MissionCat has the right to restrict anyone from completing registration as a Missioner if such person may threaten the safety and integrity of the MCP, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the MCP and deactivating your account.
You must register with MissionCat and create an account to use MCP. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by MissionCat for accessing the MissionCat Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. MissionCat has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or you suspect any other breach of security, you agree to notify MissionCat immediately.
You acknowledge that telephone calls to or from MissionCat, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to MissionCat, its agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify MissionCat before the change goes into effect by changing your contact information on the MissionCat Platform. If the change regards ownership of your telephone numbers, you may notify MissionCat by texting STOP to any text message sent to the retiring phone number.
“User Generated Content” is defined as any information and materials you provide to MissionCat, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the MissionCat Platform and participation in MissionCat promotional campaigns, including without limitation the information and materials posted or transmitted for use in the Public space. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that MissionCat is not involved in the creation, development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that MissionCat has no obligation to monitor or review User Generated Content but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to MissionCat that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Mission is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libelous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with MissionCat or otherwise purport to act as a representative or agent of MissionCat; and (i) will not create liability for MissionCat or cause MissionCat to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The MissionCat Platform Hosts User Generated Content relating to reviews and ratings of specific Missioners (“Feedback”). Feedback is such User’s opinion and not the opinion of MissionCat and has not been verified or approved by MissionCat. You agree that MissionCat is not responsible or liable for any Feedback or other User Generated Content. MissionCat encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. MissionCat is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Feedback. You may request removal of a review that violates this Agreement.
MissionCat respects the personal and other rights of others and expects Users to do the same. MissionCat is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the MissionCat Platform is objectionable or infringes any of its rights or the rights of others (e.g., counterfeiting, insult, invasion of privacy), the User is encouraged to notify MissionCat. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify MissionCat. Such notification can be made at Mission Cat, Inc., NYCOS 733 3rd avenue mailbox 1012 Manhattan, NY. 10017.
The MissionCat Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by MissionCat or association with those websites, their content, or their operators. Such links (including without limitation external websites that are framed by the MissionCat Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. MissionCat does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that MissionCat is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that MissionCat has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the MissionCat Platform at its sole discretion.
The use of any website controlled, owned, or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access such third-party websites at your own risk. MissionCat expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the MissionCat Platform. You hereby agree to hold MissionCat harmless from any liability that may result from the use of links that may appear on the MissionCat Platform.
MissionCat operates as an online marketplace that connects Clients with service providers (Missioners) who wish to perform a variety of Missions. MissionCat does not perform Missions and does not employ people to perform Missions. Missioners operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the MissionCat Platform. MissionCat does not control or direct the Missioners’ performance of their services or set their work locations, work hours, or terms of work. Missioners provide services under their own name or business name, and not under MissionCat’s name. Missioners provide their own tools and supplies to perform their services; MissionCat does not provide the tools or supplies. Missioners are free to maintain a clientele without any restrictions from MissionCat and are free to offer and provide their services elsewhere, including through competing platforms. Missioners are free to accept or reject Clients and contracts. Missioners are not penalized for rejecting Clients or contracts, though if Missioners accept a Client or contract through the MissionCat Platform, they are expected to fulfill their contractual obligations to their client. Missioners set their own rates for services performed in the MissionCat general marketplace, without deduction by MissionCat.
The MissionCat Platform is not an employment agency service or business, and MissionCat is not an employer of any User. Missioners acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Missions and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
The MissionCat trust pledge applicable to North America, where the Mission is performed is part of this Agreement and incorporated by reference. Missioners determine which categories they are qualified to task in, and scope the Mission directly with their Client. MissionCat does not oversee, monitor or direct how a Missioner performs a Mission, does not monitor Missions or chat threads between Users, and does not otherwise assume responsibility for the actions of Users. Clients are advised to confirm with their Missioner that s/he is qualified to perform the Mission prior to the Mission taking place. MissionCat is not liable for the acts or omissions of Users, nor does MissionCat provide insurance against any losses sustained by Users. That said, MissionCat wants Users to be happy about their experience using the MissionCat Platform and the Trust Pledge is in place to encourage continued use of the MissionCat Platform.
Payments made under the Trust Pledge are made at MissionCat sole discretion, and are subject to certain conditions, limitations and exclusions, as described in the Trust Pledge. The Trust Pledge does not supersede any of the terms set forth in these Terms of Service or the Privacy Policy, including any of the limitations on liability set forth in these Terms of Service. In the unlikely event of a conflict with the Trust Pledge, these Terms of Service prevail over any contrary interpretation of the Trust Pledge. The Trust Pledge is not insurance and Missioner is not an insurer, as such terms are generally understood for regulatory purposes.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including MissionCat designs, trademarks, and logos (collectively “Proprietary Material” ) that Users see or read through the MissionCat Platform is owned by MissionCat, excluding User Generated Content, which Users hereby grant MissionCat a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. MissionCat owns all Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the MissionCat Platform without MissionCat’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of MissionCat, including without limitation MissionCat, and associated logos, are service marks owned by MissionCat. Any other trademarks, service marks, logos and/or trade names appearing via the MissionCat Platform are the property of their respective owners. MissionCat proprietary marks and logos are not available for use by Missioners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
MissionCat respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the MissionCat Platform infringe upon your copyright or other intellectual property right, please send the following information to MissionCat’s Copyright Agent at MissionCat, Inc., NYCOS 733 3rd avenue mailbox 1012 Manhattan, NY. 10017
You acknowledge that Confidential Information (as defined below) is a valuable, special, and unique asset of MissionCat and agree that you will not, for the lifetime of your account on MissionCat plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the MissionCat Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents if they are also bound to maintain the confidentiality of such Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. You shall promptly notify MissionCat in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of all materials containing Confidential Information to MissionCat promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean all MissionCat trade secrets, confidential and proprietary information, and all other information and data of MissionCat that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to MissionCat or MissionCat’s business, operations or properties, including information about MissionCat’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
Please note that for Users outside the United States, this Section 17 may be subject to the jurisdiction-specific exemptions set forth in Section 28.
THE TECHNOLOGY OF THE MISSIONCAT PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. MISSIONCAT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE MISSIONCAT PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE MISSIONCAT PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MISSIONCAT PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
MissionCat does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the MissionCat Platform or any hyperlinked website or featured in any banner or other advertising, and MissionCat will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, MissionCat and Affiliates do not warrant that access to the MissionCat Platform will be uninterrupted or that the MissionCat Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the MissionCat Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Mission, service, information or materials provided through or in connection with the use of the MissionCat Platform. MissionCat and Affiliates are not responsible for the conduct, whether online or offline, of any User. MissionCat and Affiliates do not warrant that the MissionCat Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. MissionCat and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature or service that a Client may use to expedite Missioners selection, each Client is responsible for determining the Mission and selecting or otherwise approving their Missioner and MissionCat does not warrant any goods or services purchased by a Client and does not recommend any particular Missioner. MissionCat does not provide any warranties or guarantees regarding any Missioner’s ability, professional accreditation, registration, or licensure.
You acknowledge and agree that MissionCat is only willing to provide the MissionCat Platform as long as you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold MissionCat and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs (collectively, “Liabilities” ) that have arisen or may arise, relating to your or any other party’s use of or inability to use the MissionCat Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by MissionCat and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL MISSIONCAT AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE MISSIONCAT AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY MISSIONCAT THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE MISSIONCAT PLATFORM OR THE MISSION SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.
MISSIONCAT AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS MISSIONCAT PLATFORM. MISSIONCAT AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE MISSION CAT PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MISSIONCAT AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO MISSIONCAT (IF YOU ARE A CLIENT) OR TOTAL MISSION PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A MISSIONER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless MissionCat and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the MissionCat Platform; (ii) your participation in Missions, or your ability or inability to perform or obtain the performance of Missions or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the MissionCat Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. MissionCat reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of MissionCat.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the MissionCat Platform, your relationship with MissionCat, Missions, or this Agreement (including previous versions), ( “Dispute” ), you and MissionCat agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement ( such as mediation or arbitration) or court proceeding (except as may be set forth in Section 28). Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Mission Cat. Mission Cat’s address for such notice is info@missioncat.com
Attention: Legal Mission Cat Inc.,
The following applies to any App accessed through or downloaded from the Apple App Store (an “App Store-Sourced Application” ):
You acknowledge and agree that (i) the Agreement is entered into between you and MissionCat only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) MissionCat, not Apple, is solely responsible for the App Store-Sourced Application and content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store-Sourced Application.
In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store-Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store-Sourced Application. As between MissionCat and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of MissionCat, subject at all times to warranty limitations and exclusions set forth in this Agreement.
You and MissionCat acknowledge that, as between MissionCat and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store-Sourced Application or your possession and use of the App Store-Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and MissionCat acknowledge that, in the event of any third party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes that third party’s intellectual property rights, as between MissionCat and Apple, MissionCat (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.
You and MissionCat acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store-Sourced Application against you as a third party beneficiary thereof.
Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store-Sourced Application.
No agency, partnership, joint venture, employer-employee, or franchise relationship is intended or created by this Agreement.
Missioners alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Missions. Indeed, certain types of Missions and services may be prohibited altogether, and it is the responsibility of Missioners to avoid such prohibited Missions and services. Penalties may include fines or other law enforcement measures. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Missions and services on the MissionCat Platform, you should first seek appropriate legal guidance.
MissionCat does not supervise, scope, direct, control, or monitor a Missioner’s work or performance of Missions, Thus, Clients must determine for themselves whether a Missioner has the skills and qualifications necessary to perform the specific Mission at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Missions are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Missionier any specific hazards, obstacles, or impediments in the Mission location (both visible and concealed) that may impact the performance of the Mission.
MissionCat reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy, and Trustworthy Pledge) and review, improve, modify or discontinue, temporarily or permanently, the MissionCat Platform or any content or information through the MissionCat Platform at any time, effective with or without prior notice and without any liability to MissionCat. MissionCat may also impose limits on certain features or restrict your access to part or all the MissionCat Platform without your notice or input, and will not be liable or accountable.
MissionCat will endeavor to notify you of material changes to this Agreement by email but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be following this Agreement, you must deactivate your account, and immediately stop using the MissionCat Platform. Your continued use of the MissionCat Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.
The provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Section 20) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices” ) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the MissionCat Platform, please contact us by email or mail.
By using the MissionCat Platform, you agree to transact electronically through the MissionCat Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
To the extent that there are any discrepancies or inconsistencies between the Global Terms of Service and the following jurisdiction-specific provisions, the jurisdiction-specific provisions shall prevail, govern, and control for Users in those jurisdictions.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND MISSIONCAT CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND MISSIONCAT TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND MISSIONCAT MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
This agreement to arbitrate ( “Arbitration Agreement” ) is governed by the Federal Arbitration Act ( “FAA” ) and survives the termination of this Agreement and your relationship with MissionCat.
To the fullest extent permitted by applicable law, you and MissionCat agree to arbitrate any and all disputes and claims (“collectively,” Claim” or “Claims” ) relating to, arising from or regarding your use of the MissionCat Platform, your relationship with MissionCat, Missions, or this Agreement (including previous versions), including Claims by MissionCat, Claims against MissionCat and Claims against MissionCat’s Affiliates (including its parent company).
To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by MissionCat; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Mission Cat and covered by the Employee Retirement Income Security Act or funded by insurance), and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.
If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and MissionCat agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND MISSIONCAT ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
Except as otherwise required under applicable law, you and MissionCat agree that any arbitration will be limited to the Claim between MissionCat (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MISSIONCAT ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING ( “Class Action Waiver” ). Further, unless both you and MissionCat otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims, which are addressed separately below.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, to the fullest extent allowed by law: (1) you and MissionCat agree not to bring a representative action on behalf of others under the California Private Attorneys General Act (“PAGA” ), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and MissionCat agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver” ).
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
In order to initiate arbitration, a claim must be filed with the American Arbitration Association ( “AAA” ) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ( “AAA Consumer Rules” ), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and MissionCat agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.
As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:
(i) If MissionCat initiates arbitration under this Arbitration Agreement, MissionCat will pay all AAA filing and arbitration fees.
(ii) If a Client or Missioner files a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD $10,000, MissionCat will pay all AAA filing and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous, vexatious or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
(iii) If a Client or Missioner files a Claim in accordance with this Arbitration Agreement and the associated claim for damages exceeds USD $10,000, MissionCat shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses, and the Client or Missioner shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which the Missioner was performed, unless a lower fee amount would be owed by you as required by law or the applicable AAA Rules. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. If the arbitrator finds that the substance of your claim or the relief sought is frivolous, vexatious, or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), however, then the allocation of fees will be governed by the applicable AAA Rules.
(iv) Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
(v) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.
Unless you and MissionCat agree otherwise, any arbitration hearings with a Missioner will take place in the county of the Missioner’s billing address, and any arbitration hearings with a Client will take place in the county in which the Client received Missioner services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.
The Arbitration Agreement shall not require arbitration of the following types of claims:
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.
In addition to the severability provisions in subsections (b) and (c), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
For Missioners, you may opt out of the requirement to arbitrate if you have not previously agreed to an arbitration provision in Missioners’ Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this version of the arbitration agreement in the manner specified below, but opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with MissionCat.
Except as specified in this arbitration agreement, if you are a Missioner, you may opt out of the Arbitration Agreement by notifying MissionCat in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to Mission Cat, Inc., NYCOS 733 3rd avenue mailbox 1012 Manhattan, NY. 10017 Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you wish to opt out of the Arbitration Agreement.
If you are a member of a putative class in a wage and hour class action lawsuit against MissionCat that is pending as of the effective date of these Terms of Service (a “Pending Class Action” ), then this Arbitration Agreement shall not apply to your claims in that particular class action. Instead, your claims in that Pending Class Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from MissionCat and Affiliates, or from independent contractors (including Missioners) related to promotions, your account, registration, onboarding, upcoming or scheduled Missions, changes and updates, service outages, follow ups to any push notifications delivered through our mobile application, any transaction with MissionCat, and/or your relationship with MissionCat . You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that MissionCat may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from MissionCat and Affiliates, or from independent contractors (including Missioners) even if you cancel your account or terminate your relationship with MissionCat, except if you opt-out. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Message frequency varies. Carriers are not liable for delayed or undelivered messages. To opt-out, please see the Opt-Out Instructions below.
Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages , text STOP to any text message you receive or email opt-out-texts@missioncat.com and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages) , you must provide MissionCat with written notice info@missioncat.com revoking your consent to receiving automated calls; in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls. It is your sole responsibility to notify MissionCat if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt-out of automated calls or text messages, we reserve the right to make non-automated calls to you.
There is no fee to receive automated telephone calls or text messages from MissionCat, our agents, affiliates, and independent contractors (including Missioners). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that MissionCat and its agents, affiliates, and independent contractors (including Missioners) are not responsible for such charges.
You must notify MissionCat immediately of any breach of security or unauthorized use of your telephone device. Although MissionCat and Affiliates, and independent contractors (including Missioners) will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
You agree to indemnify MissionCat and Affiliates, and independent contractors (including Missioners) for any privacy, tort, contractual or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify MissionCat of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold MissionCat and its Affiliates harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). MissionCat shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service providers, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section 28A will survive termination of these Terms of Service.
MissionCat does not employ Missioners. MissionCat is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the MissionCat Platform. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
To the extent permitted by law, you hereby grant MissionCat a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sub-licensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound affects you provide to MissionCat (collectively, “Media” ) in exchange for use of the MissionCat Platform, in any media now known or not currently known in order to market, operate, and improve upon the MissionCat Platform, including but not limited to the right to the following:
Further, you hereby waive all moral rights in connection with the Media (to the extent allowable by law in the country where the Mission is performed). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third-party rights.
Each User acknowledges that MissionCat shall not owe any financial or other remuneration for using the User Generated Content, Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.
Each User hereby waives all rights and releases MissionCat and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, User Generated Content, Physical Likeness, Media, or Voice in connection with the MissionCat Platform.
If given the position of Missioner, you agree to promptly disclose to MissionCat in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the MissionCat Platform.
In jurisdictions where MissionCat facilitates the collection and/or remittance of sales tax on behalf of Missioners, you instruct and authorize MissionCat to collect taxes on your behalf, and/or to remit such Taxes to the relevant tax authority. You acknowledge and agree that we retain the right to cease the collection and remittance of sales taxes in a particular jurisdiction as permitted by law. You should consult with your own tax advisor to ensure your compliance with all applicable tax reporting requirements.
Further, in consideration of the services provided by MissionCat, you hereby release MissionCat from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
MissionCat and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed, or used by others.
BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
By providing your mobile phone number and using the MissionCat Platform, you hereby affirmatively consent to use of your mobile phone number for calls and recurring text messages, (including with an autodialer and/or prerecorded voice) by MissionCat and Affiliates, or from independent contractors (including Missioner’s) in order to (a) perform and improve upon the MissionCat Platform, (b) facilitate the carrying out of Missions through the MissionCat Platform, and (c) provide you with information and reminders regarding your registration, orientation, upcoming Missions, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Missions and/or in follow up to any push notifications delivered through our mobile application. Message frequency varies. Carriers are not liable for delayed or undelivered messages. Mission Cat will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from MissionCat by modifying your account settings on the Sites or Apps, texting “STOP” in response to any texts, or by emailing opt-out-texts@missoncat.com and specifying you want to opt-out of texts. You may opt-out of receiving calls from MissionCat by stating that you no longer wish to receive calls during any call with us, or by emailing opt-out-texts@missioncat.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
MissionCat does not employ Missioners. MissionCat is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, HST/QST/GST/PST, unemployment or employment insurance, Canada Pension Plan, social security, disability insurance or any other applicable federal or provincial withholdings in connection with a User’s use of the MissionCat Platform. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
To the extent permitted by law, you hereby grant MissionCat a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Mission Cat (collectively, “Media” ) in exchange for use of the MissionCat Platform, in any media now known or not currently known in order to market, operate, and improve upon the MissionCat Platform, including but not limited to the right to the following:
Further, you hereby waive all moral rights in connection with the Media (to the extent allowable by law). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.
Each User acknowledges that MissionCat shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.
Each User hereby waives all rights and releases MissionCat and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with the MissionCat Platform.
If a Missioner, you will promptly disclose to MissionCat in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses) that arise during your use of the MissionCat Platform.
MissionCat does not employ Missioners. MissionCat is not responsible for and will not be liable for any tax payment or withholding, including but not limited to applicable VAT, National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a User’s use of the MissionCat Platform. The Missioner assumes full and sole responsibility for all required and applicable income tax and National Insurance Contributions withholdings as to the Missioner and all persons engaged by the Missioner in the performance of the Mission Services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
To the extent permitted by law, you hereby grant MissionCat a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Mission Cat (collectively, “Media” ) in exchange for use of the MissionCat Platform, in any media now known or not currently known in order to market, operate, and improve upon the Mission Cat Platform, including but not limited to the right to the following:
Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.
Each User acknowledges that MissionCat shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.
Each User hereby waives all rights and releases MissionCat and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with the MissionCat Platform.
MissionCat and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
You will promptly disclose to MissionCat in writing if you have any potentially relevant unspent convictions or cautions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the MissionCat Platform.
Regardless of any other provision in this Agreement, nothing in these Terms of Service excludes or limits liability for: (i) death or personal injury caused by MissionCat’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that, by law, may not be limited or excluded.
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights). No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
VAT relating to the Missions performed by the Missioner for the benefit of the Client.
MissionCat shall not be held responsible for any breach of the Missioner’s tax obligations, it being specified that MissionCat shall not be held jointly and severally liable for VAT, interest on overdue VAT, or for any penalties or fines that would be owed by the Missioner.
This Agreement and your use of the MissionCat Platform shall be governed by English law, and any dispute regarding this Agreement or the use of the MissionCat Platform will only be dealt with by the English courts. Nothing shall prevent MissionCat from bringing proceedings to protect our intellectual property rights before any competent court.
By providing your mobile phone number and using the MissionCat Platform, you hereby affirmatively consent to use of your mobile phone number for calls and recurring text messages, (including with an autodialer and/or prerecorded voice) by MissionCat and Affiliates, or from independent contractors (including Missioners) in order to (a) perform and improve upon the MissionCat Platform, (b) facilitate the carrying out of Missioners through the MissionCat Platform, and (c) provide you with information and reminders regarding your registration, orientation, upcoming Missioner’s, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Missioners and/or in follow up to any push notifications delivered through our mobile application. Message frequency varies. Carriers are not liable for delayed or undelivered messages. MissionCat will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from MissionCat by modifying your account settings on the Sites or Apps, texting “STOP” in response to any texts, or by emailing opt-out-texts@missioncat.com and specifying you want to opt-out of texts. You may opt-out of receiving calls from MissionCat by stating that you no longer wish to receive calls during any call with us, or by emailing opt-out-texts@missioncat.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
MissionCat does not employ Missioners. MissionCat is not responsible for and will not be liable for any tax payment or withholding, including but not limited to applicable VAT, social security, or other payroll withholding tax in connection with a Missioner’s use of the MissionCat Platform. The Missioner assumes full and sole responsibility for all required and applicable income tax and contributions to Social Security as to the Missioner and all persons engaged by the Missioner in the performance of the Mission Services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
III. Media and User Generated Content
To the extent permitted by law, you hereby grant MissionCat for the duration of the intellectual property rights, including any legal extension thereof, a non-exclusive, worldwide, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) content, such as any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to MissionCat (collectively, “Media” ) in exchange for use of the MissionCat Platform, in any media now known or not currently known in order to market, operate, and improve upon the MissionCat Platform, including but not limited to the right to the following, to the extent permissible by law in the country where the Mission is performed:
Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.
Each User acknowledges that MissionCat shall not owe any financial or other remuneration for using the Media provided hereunder by such User, either for initial or subsequent transmission or playback.
Regardless of any other provision in this Agreement excluding or limiting MissionCat liability, nothing in these Terms of Service excludes or limits Mission Cat’s warranties and liability for: (i) death or personal injury caused by MissionCat; (ii) in case of MissionCat’s gross negligence or willful misconduct; (iii) any other liability or warranty that, by law, may not be limited or excluded by MissionCat.
You will promptly disclose to MissionCat in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that
The MissionCat websites and mobile apps are owned and operated by MissionCat, Inc.,
MissionCat does not employ Missioners. MissionCat is not responsible for and will not be liable for any tax payment or withholding, including but not limited to applicable VAT, employer’s liability, social security, or other payroll withholding tax in connection with a User’s use of the MissionCat Platform. The Missioner assumes full and sole responsibility for all required and applicable income tax and contributions to Social Security as to the Missioners and all persons engaged by the Mission in the performance of the Mission Services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
III.Media and User Generated Content
To the extent permitted by law, you hereby grant for the duration of the intellectual property rights, including any legal extension thereof, a non-exclusive, worldwide, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) content, such as any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Mission Cat (collectively, “Media” ) in exchange for use of the MissionCat Platform, in any media now known or not currently known in order to market, operate, and improve upon the MissionCat Platform, including but not limited to the right to the following, to the extent permissible by law in the country where the Mission is performed:
Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third party rights.
Each User acknowledges that MissionCat shall not owe any financial or other remuneration for using the Media provided hereunder by such User, either for initial or subsequent transmission or playback.
Notwithstanding anything to the contrary in Section 4 above, a Client who proves that actual damages (especially lost profit) have either not occurred or are substantially less than the cancellation charge may have their cancellation charge adjusted accordingly.
Notwithstanding anything to the contrary in Section 24 above, MissionCat will notify you of material changes to this Agreement by email within a reasonable time. Changes will be deemed approved if the User does not terminate this Agreement in accordance with Section 8 within a reasonable time after notification of the changes.
VII. Warranties and liability
Notwithstanding anything to the contrary in Section 17 above, MissionCat is only liable for breach caused by willful misconduct or gross negligence of its cardinal, material contractual obligations. In the event of initial impossibility, MissionCat may only be liable if it was aware of the impediment to performance prior to entering this Agreement, was unwilling due to gross negligence to remedy that impediment, and a cardinal obligation was breached as a result of that initial impossibility.
MissionCat shall not be held responsible for any breach of the Missioner’s tax obligations, it being specified that MissionCat shall not be held jointly and severally liable for VAT, interest on overdue VAT or for any penalties or fines that would be owed by the Missioner.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY AND TRUSTWORTHY PLEDGE, AND AGREE THAT MY USE OF THE MISSIONCAT PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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