Welcome to BerryTalk. This End User License Agreement (the "Agreement") governs your use of our mobile application (the "App") and related services (collectively, the "Service"). This Agreement applies to all the information, text, graphics, videos, and other files, materials, data, or content (collectively, "Content") that are created or provided by or through the App or Service. Additionally, this Agreement covers your rights and responsibilities regarding the sale of products on the App and the creation of User Contributed Content, as detailed herein. We encourage you to review our Privacy Policy, which forms an integral part of this Agreement and describes our policies concerning the handling of your personal information.

The App and Service are owned and operated by BerryTalk Inc. ("BerryTalk," "we," or "us"). Your access to and use of the App and Service are conditioned upon your acceptance of and compliance with the terms and conditions set forth in this document (referred to as "Terms of Use," "Terms of Service," or "Agreement"). Before you begin using the App or any part of the Service, please read these Terms of Use thoroughly. By accessing the App or engaging with any part of the Service, you acknowledge that you agree to be bound by these terms and conditions. If you do not accept these terms in full, you are not permitted to access the App or use the Service. This Agreement does not grant any rights or benefits to third parties.

We reserve the right to update or modify these Terms of Use at our discretion, and the most up-to-date version will always be posted on the App. Should there be a change that we consider significant, we may inform you by posting an announcement on the App. It is your responsibility to regularly check the App for any changes and to familiarize yourself with the updated Terms of Use. By continuing to use the App or the Service after any modifications are made, you are expressing your acceptance of the revised terms and conditions.

BerryTalk offers a dynamic platform designed to facilitate real-time online video chats among users. This service includes functionalities such as video chatting, sending text messages, and sharing pictures and videos (collectively referred to as the "Service").

Please be aware that BerryTalk acts solely as a platform connecting users. We do not exercise control over users or their behavior while using the App. BerryTalk does not take responsibility for, nor does it guarantee, the accuracy or legitimacy of any information that users provide through the Service. Additionally, we are not obligated to monitor users or to verify the accuracy or legitimacy of the information and data they provide. Any disputes or claims arising between users of the App or Service are to be resolved among the users themselves, who also agree to absolve and release BerryTalk from any liability or involvement in such disputes.

By engaging with the Service, you agree to refrain from the following actions, each of which constitutes a violation of these Terms of Service: (i) sharing personal contact details with other users via the Service, (ii) participating in any illicit, indecent, or unlawful activities, (iii) engaging in any indecent, pornographic, racist, offensive, defamatory, or incendiary behavior, and (iv) conducting any commercial activities or transactions that involve the exchange of value between users.

User Interactions and Content Disclaimer

You agree to exercise caution in all your interactions with other users, as well as with other individuals you communicate with through the Service. This is particularly important if you decide to meet someone offline or in person.

It is important to understand that by using the Service, you will encounter Content from various sources. BerryTalk does not endorse and is not responsible for the accuracy, utility, safety, or intellectual property rights of or relating to such Content. While the Service is not intended to provide pornographic content or disseminate sexually explicit material, you may still encounter content that you find offensive, indecent, objectionable, or sexually explicit. By using the Service, you agree to waive any legal or equitable rights or remedies you have or may have against BerryTalk with respect to such Content.

You also acknowledge that the Service and the Content made available through it may not comply with the laws of your jurisdiction. It is your responsibility to ensure that your use of the Service and any associated Content does not violate such laws. You agree to indemnify BerryTalk against any legal issues that arise from your use of the Service or Content that violates any law.

Please be aware that while BerryTalk does not monitor every piece of Content that may breach these terms, we reserve the right to remove any such Content and to suspend or terminate your access to the App at any time, particularly if you violate the terms of service through activities such as inappropriate postings to Moments or during Video Chats.

To access and use the BerryTalk App and Service, registration and the creation of a BerryTalk account using a phone number are required. [However, it is possible to visit certain areas of the App as a guest and remain anonymous; please note that not all content and features will be available without registration.] By registering and using the App or Service, you explicitly agree to be bound by this Agreement along with all terms, conditions, and notices contained or mentioned herein.

The App and the Service are intended solely for users who are 18 years of age or older. You must be at least 18 years old to create a BerryTalk account and use the Service, either on your own behalf or as an authorized representative of a corporation or other business entity. By registering, you confirm that you meet this age requirement. BerryTalk is not liable for any inaccuracies in the age information provided by users, as we cannot verify users' ages. If you are under 18 years old, you must not attempt to register for or use the App or Service without the supervision of a parent or guardian. Furthermore, minors should review these terms with a parent or guardian to ensure understanding and agreement.

Creating multiple accounts is permissible under certain legitimate circumstances, but creating serial or overlapping accounts may lead to account termination. If you have any questions about managing multiple accounts, please contact us for assistance.

When you use the Service, you may create or upload various types of data and information, including, but not limited to, photos, text, messages, posts, HTML, URLs, pictures, videos, and other forms of content (collectively, "User Contributed Content"). This content, whether made public or transmitted privately, is solely the responsibility of the BerryTalk user who originated it. You alone are responsible for any User Contributed Content that you upload, post, email, transmit, or otherwise make available through the App or Service. While we may choose to monitor User Contributed Content, we are not obligated to do so and do not assume responsibility for such content.

Additionally, any User Contributed Content or other materials you upload through the App or Service will be treated as non-confidential and non-proprietary. We reserve the right to disclose your identity to any third party who claims that any material you have uploaded or posted via the App or Service infringes on their intellectual property rights, privacy rights, or other proprietary rights.

Prohibited Content and Activities

As a user of the App or Service, you agree not to create or upload any User Contributed Content that:

• Is deemed inappropriate or illegal, including but not limited to content that is defamatory, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, hateful, or that promotes violence, discrimination, bigotry, racism, or hatred, as determined by BerryTalk in its sole discretion.
• Contains viruses, time-bombs, worms, cancelbots, Trojan horses, or other harmful or deleterious programming routines.
• Involves reverse looking-up or tracing any information of any other user or visitor, or otherwise using the Service to obtain personal information of any user or visitor.
• Attempts to gain unauthorized access to any portion of the Service, or any systems or networks connected to the Service, through hacking, password mining, or any other illegitimate means.
• Uses any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm, or methodology, or any manual process to access, acquire, copy, or monitor any part of the Service or any data or materials contained therein, or to obtain any materials, documents, or information through any means not purposely made available through the Service.
• Solicits or provides sexually explicit images or engages in any activity harmful to minors.
• Otherwise violates the terms of this Agreement.

BerryTalk does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any User Contributed Content nor the opinions expressed therein. You agree to waive any legal or equitable rights or remedies you have or may have against BerryTalk concerning User Contributed Content. Reliance on any User Contributed Content posted by other users is strictly at your own risk.

Content Management and Liability

We reserve the right at any time to remove or refuse to distribute any User Contributed Content that violates these Terms of Use, although we are not obligated to do so. We also reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to:

• comply with any applicable law, regulation, legal process, or governmental request,
• enforce these Terms of Use, including the investigation of potential violations,
• detect, prevent, or otherwise address fraud, security, or technical issues,
• respond to user support requests, or
• protect the rights, property, or safety of our company, our users, and the public.

We are not responsible or liable for the exercise or non-exercise of these rights under these Terms of Use.

By using or accessing the App or Service, you acknowledge the possibility of exposure to content that might be offensive, harmful, inaccurate, or otherwise inappropriate, or in some instances, content that may be mislabeled or deceptive. Under no circumstances will we be liable for any content, including any errors or omissions in any User Contributed Content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the App or through the Service.

By using our app, you agree to adhere to the provisions outlined in this section regarding the Digital Millennium Copyright Act ("DMCA") and the procedure for making claims of infringement. You acknowledge and agree to only upload, post, submit, or otherwise transmit User Contributed Content that you have the lawful right to use, copy, distribute, transmit, or display, and that does not infringe upon the intellectual property rights or violate the privacy rights of any third party. These rights include, but are not limited to, copyright, trademark, patent, trade secret, moral rights, or rights of publicity.

At BerryTalk, we value and respect the legal rights of others, and we expect our users to do the same. Therefore, it is our policy to respond to notices of alleged copyright or other forms of intellectual property infringement in compliance with applicable laws, particularly the DMCA. In cases of repeated infringement, BerryTalk reserves the right to take appropriate action, including the removal or disabling of user accounts and/or access to the App and the Service, regardless of the status of any specific notification or counter-notification.

If you believe that your intellectual property rights have been infringed, please provide BerryTalk with written notice containing the following information: The full name, mailing address, telephone number, contact email address, and physical or electronic signature of an owner of an exclusive right that is allegedly infringed, or a person or entity specifically authorized to act on that owner's behalf;

Identification of the works claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, along with information reasonably sufficient to permit BerryTalk to locate said material;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights holder, his/her/its agent, or the law;

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Any supporting documentation to help establish the rights at issue, such as copies of a valid and duly executed copyright registration certificate.

Notices should be delivered to CamUs Agent for Notices of Infringement Claims:

Email: blackcoffe9845@gmail.com

BerryTalk is committed to promptly addressing properly-formatted notices of infringement. Upon receipt of such a notice, we will act expeditiously to remove the allegedly offending content or disable public access to it. Additionally, we will forward a copy of the infringement notice to the party said to be responsible for the alleged infringement.

If you receive an infringement notice, you have the option to submit a counter-notice, indicating your disagreement with the allegations and requesting the reposting of any material removed or disabled. A counter-notification should contain the following details:

The full name, address, telephone number, contact email address, and physical or electronic signature of the party named in the infringement notice, or an authorized representative;

Identification of the material(s) claimed to have been removed or disabled by BerryTalk, along with sufficient information to enable us to locate its prior location;

A statement asserting that the party submitting the counter-notice has a genuine belief that the use of the material in question does not infringe upon the rights of the complainant, their agent, or the law;

A declaration that the information provided in the counter-notification is accurate, and, under penalty of perjury, that the materials were removed or disabled due to misidentification or wrongful allegations;

An agreement to accept jurisdiction for disputes related to the matter, either in the Federal District Court of the district of your residence or, if you reside outside of the U.S.A., in the District of California;

Any additional documentation that supports the assertions made in your counter-notification.

We respect your ownership rights over any User Contributed Content you share on our App or Service. Unless explicitly stated otherwise in these Terms of Use or elsewhere on the App, we do not claim ownership or control over your content. You retain all trademark rights and copyright to any User Contributed Content you submit, sell, post, or display through the App or the Service, and it is your responsibility to safeguard those rights.

By submitting content to our Services, you grant BerryTalk and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is limited to the purpose of operating, developing, providing, promoting, and enhancing the Services, as well as for researching and developing new features.

While we are not obligated to do so, we reserve the right to access, review, screen, and delete your content at our discretion and for various reasons, including to maintain and improve our Services or if we believe your content violates these Terms of Service. You are responsible for the content you create, upload, post, or store through our Service.

As part of our use of information, we may provide aggregate data, not personally identifiable information, to our partners regarding how our users collectively utilize the App and the Service. By agreeing to these terms, you release and discharge us, as well as our affiliates, licensees, and business partners, from any claims, actions, and demands, including but not limited to claims of libel, infringement of the right of publicity, invasion of privacy, portrayal in a false light, or any other claim.

By granting these licenses to us and our affiliates, licensees, and business partners, you represent and warrant that you own or possess the necessary licenses, rights, consents, power, authority, and permissions to grant these licenses. This includes, but is not limited to, any third-party rights that are required due to the subject matter of your User Contributed Content.

In addition to your own User Contributed Content, we retain all rights, titles, and interests, including all worldwide intellectual property rights, in all content associated with the App and the Service (collectively referred to as the "CamU Content"). The BerryTalk Content, comprising the App and the Service, is safeguarded by copyright, trademark, and other applicable laws of both the United States and foreign countries. Unless expressly permitted in these Terms of Use, you are prohibited from reproducing, modifying, creating derivative works based on, distributing, selling, transferring, publicly displaying, publicly performing, or otherwise utilizing the BerryTalk Content, including the App and the Service. You are not allowed to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices integrated into or accompanying any part of BerryTalk or its associated products and services. Aside from what is explicitly stated herein, you may not engage in any commercial use of the BerryTalk Content, including the App and the Service, without obtaining prior written approval from BerryTalk.

In addition to the prohibitions outlined elsewhere herein, including but not limited to Section 5, you agree not to engage in any of the following activities while using the App and/or the Service:

• Promote violence, sexually explicit materials, illegal content, illegal activities, alcohol, tobacco, pseudo-pharmaceuticals, prescription drugs, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or any other content deemed illegal or offensive at BerryTalk's sole and absolute discretion.
• Include in your User Contributed Content any photos or text containing references to another website, app, or merchant.
• Engage in any unlicensed or unauthorized use of, or otherwise infringe upon, violate, or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity, or other intellectual property or proprietary right of any third parties.
• Defame, bully, or harass any third party.
• Access, tamper with, or use non-public areas of the App, our computer systems, or the technical delivery systems of our providers.
• Attempt to probe, scan, or test the vulnerability of any system or network, or breach any security or authentication measures.
• Attempt to access or search BerryTalk using any engine, software, tool, agent, device, or mechanism other than the software and/or search agents provided or specifically authorized by us, or other generally available third-party web browsers (such as Microsoft Internet Explorer or Netscape Navigator).
• Attempt to alter or modify the App, the Service, the BerryTalk Content, or the User Contributed Content of any other user, or use BerryTalk or any of its services for purposes other than those intended.
• Send unsolicited email, junk mail, "spam," chain letters, or promotions or advertisements for products or services.
• Forge any TCP/IP packet header or any part of the header information in any email or posting, or use BerryTalk to send altered, deceptive, or false source-identifying information.
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the App or the Service.
• Interfere with, or attempt to interfere with, the access of any user, host, or network, including but not limited to sending viruses, overloading, flooding, spamming, or mail-bombing the App.
• Impersonate or misrepresent your affiliation with any person or entity.
• Send illegal material or offensive messages, as determined within BerryTalk's sole discretion, to other BerryTalk users.
• Attempt to circumvent or manipulate our billing process or the fees owed to BerryTalk, if applicable.

We reserve the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent permitted by law. We may involve and cooperate with law enforcement authorities in prosecuting BerryTalk users who violate these Terms of Use. You acknowledge that we have the right to monitor your access to or use of the App and/or the Service for operational purposes, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

The App may include links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:

(i) The availability or accuracy of such websites or resources;

(ii) The content, products, or services on or available from such websites or resources.

The presence of links to such websites or resources does not imply any endorsement by us of such websites or resources or the content, products, or services available from them. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

We reserve the right to terminate these Terms with you at any time and for any reason, without prior notice. This means that we may cease providing you with any services, or impose new or additional restrictions on your ability to use our services. For instance, we may deactivate your account if it remains inactive for an extended period, and we reserve the right to reclaim your username at any time and for any reason.

If you violate any of these Terms of Use, your permission to access and use the App and the Service may be automatically terminated. In the event of account termination or usage cessation, you are prohibited from creating new accounts or accessing the App or the Service without our prior written consent. We retain the right to revoke your access to and use of the App and the Service at any time, with or without cause. Additionally, we reserve the right to discontinue or modify the App and the Service at any time and without prior notice.

You agree to indemnify and hold harmless BerryTalk, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives, and to defend and protect each of them from any and all claims, liabilities, losses, damages, costs, and other expenses (including attorneys' and expert witnesses' fees and awards) arising from or related to:

(1) Your use of and access to the App or the Service;

(2) Your violation of any laws or any infringement by you, or any third party using your account or BerryTalk User ID, of any intellectual property, property, privacy, or other right of any person or entity;

(3) Any breach of any obligation in this Agreement by you;

(4) Any intentional misconduct or negligence by you in using the App or the Service; or

(5) Any claim that a user's User Contributed Content caused damage of any kind whatsoever to another user or to any other third party.

You acknowledge that you are using the app, the service, and the BerryTalk content at your own risk, and that BerryTalk, and its parents, subsidiaries, affiliates, officers, directors, employees, agents, and representatives (collectively, the "camu parties"), will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the foregoing. The app, the service, and the BerryTalk content are provided on an "as is" basis, and the BerryTalk parties hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose, or any other warranty, condition, guarantee, or representation, whether oral, in writing, or in electronic form. This includes but is not limited to the accuracy or completeness of any information contained therein or provided by the BerryTalk parties. The BerryTalk parties do not represent or warrant that access to the app, the service, or the BerryTalk content will be uninterrupted, or that there will be no failures, errors, omissions, or loss of transmitted information, or that no viruses will be transmitted on the app.

The BerryTalk parties shall not be liable to you or any third parties for any direct, indirect, special, consequential, or punitive damages allegedly sustained arising out of this agreement, the providing of the app, the service, or the BerryTalk content hereunder, the sale or purchase of any products, services, or merchandise via the app or the service, and any injury or damage caused thereby, any misrepresentation or fraud by a user, your access to or inability to access the app, the service, or the BerryTalk content, including for viruses allegedly obtained from the app, your use of or reliance on the app, the service, or the BerryTalk content, or any of the merchandise, information, or materials available on the app, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

You hereby agree to release the BerryTalk parties from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of or in any way connected with your use of the app, the service, or the BerryTalk content. If you are a california resident, you waive california civil code section 1542, which states, in part: "a general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." the total cumulative liability of the BerryTalk parties in connection with this agreement, whether in contract, tort, or otherwise, will not exceed $500.

Governing Law; Venue. Each party to this Agreement irrevocably agrees that the courts of Hong Kong shall have exclusive jurisdiction to hear and decide any suit, action, or proceeding, and/or to settle any disputes that may arise out of or in connection with this Agreement or its formation or validity. For these purposes, each party irrevocably submits to the jurisdiction of the courts of Hong Kong. You further agree that these courts will have exclusive jurisdiction over any suit or action initiated by you against BerryTalk.

If any dispute, controversy, or claim arises between the parties under, out of, or in relation to this Agreement, including any dispute concerning the formation, construction, interpretation, or breach of this Agreement or a party's performance of its obligations hereunder (“Dispute”), the parties shall attempt in the first instance to resolve the Dispute through mutual good faith consultation. If the Dispute is not resolved in this manner within forty-five (45) days of a party's notice of a Dispute, then any party may serve a notice on the other party requiring the Dispute to be submitted to arbitration as follows:

Any Dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement where the total amount of the award sought is less than five thousand U.S. Dollars (US$ 5,000.00) may be resolved in a cost-effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with this Agreement. The party demanding arbitration will propose an ADR Provider, and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules:

a) The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;

b) All arbitration proceedings shall be held in English;

c) The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties;

d) Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.

Any other Dispute (including whether the claims asserted can be arbitrated) shall be referred to and finally determined by arbitration in accordance with the Hong Kong Arbitration Ordinance (the “Ordinance”) and shall be administered by the Hong Kong International Arbitration Centre (the “Administrator”). To the extent there is any conflict between the provisions set forth in this section and any procedural or other rules issued by the Administrator, this section will control. The location of the arbitration will be Hong Kong, China.

The Dispute(s) shall be submitted to a single arbitrator (“Arbitrator”) chosen by the parties or selected by the parties from a list of potential arbitrators provided by the Administrator. The Administrator shall provide such a list to the parties 10 days after a request by either party. Should the parties be unable to agree on a choice of arbitrator within 10 days after receipt of the list from the Administrator, then the Administrator will select the Arbitrator.

The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or a true copy thereof. The English language version will control.

Each party shall bear its own attorney's fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Administrator and the Arbitrator; provided, however, the Arbitrator shall be authorized to determine whether a party is the prevailing party, and if so, to award to that prevailing party reimbursement for its reasonable attorney's fees, costs, and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Administrator and the Arbitrator.

The Arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator will not have authority to award damages in excess of any limitations set forth in this Agreement. Judgment on the award of the Arbitrators may be entered by any court of competent jurisdiction.

The Arbitrator also shall be authorized to grant any temporary, preliminary, or permanent equitable remedy or relief it deems just and equitable and within the scope of this Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Hong Kong law.

Notwithstanding the foregoing, BerryTalk may proceed directly to any court of competent jurisdiction to seek protection or enforcement of its intellectual property rights and/or to seek injunctive relief or other equitable relief.

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by any governmental entity, the remaining provisions of this Agreement shall remain in full force and effect, provided that the essential terms and conditions of this Agreement for both parties remain valid, binding, and enforceable. To the extent permitted by law, the parties hereby waive any provision of law that renders any provision hereof prohibited or unenforceable in any respect.

This Agreement and your rights and obligations under this Agreement may not be assigned, delegated, or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without BerryTalk's express prior written consent. Any attempted assignment, delegation, or transfer in violation of the foregoing will be null and void.

BerryTalk may assign this Agreement or any of its rights under this Agreement to any third party without your consent.

BerryTalk may give any notice required by this Agreement by means of a general notice on the App, electronic mail to your email address on record with BerryTalk, or by written communication sent by first-class mail or pre-paid post to your address on record with BerryTalk.

BerryTalk's remedies for any breach of this Agreement by you will include damages, injunctive relief, specific performance, and restitution. You acknowledge that any breach of this Agreement by you would cause irreparable injury to BerryTalk for which monetary damages would not be an adequate remedy and, therefore, BerryTalk will be entitled to injunctive relief (including specific performance).

The rights and remedies provided to each party in this Agreement are cumulative and in addition to any other rights and remedies available to such party at law or in equity.

All waivers must be in writing and signed by the party to be charged. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior or contemporaneous communications and understandings between the parties. BerryTalk reserves the right to make changes to this Agreement, at its sole discretion, pursuant to Section 2 above.

In the event that you provide BerryTalk with any feedback regarding the App or the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the App or the Service (collectively, “Feedback”), you hereby assign to BerryTalk all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate. You recognize that BerryTalk is not responsible for compensating you in any way for your feedback.

BerryTalk reserves the right at any time to modify or discontinue, temporarily or permanently, the App or the Service (or any part thereof) with or without notice. You agree that BerryTalk shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or the Service.