Terms and Conditions

Terms of Service

Introduction

This MiiScan User Agreement, the MiiScan Privacy Policy, the MiiScan Community Guidelines, the MiiScan Fees Schedule and all policies posted on our sites set out the terms on which MiiScan.com Corp. (hereinafter referred to as “MiiScan”) offers you access to and the use of our site(s), services, applications, platform and tools (collectively “MiiScan Services”). You may find a list of all of our policies and agreements at MiiScan.social/web-agreements (collectively, the “MiiScan Policies”). The MiiScan Policies set forth the entire understanding and agreement between you and MiiScan and supersede all prior understandings and agreements you may have had. All of the MiiScan Policies are incorporated into this MiiScan User Agreement (the “User Agreement”). You agree to comply with all of the MiiScan Policies when accessing or using all or any part of the MiiScan Services.

By accepting this User Agreement, you are entering into a contract with MiiScan.com Corp., with its corporate offices located at 181 University Ave, 20th Floor, Toronto Ontario, Canada. All capitalized terms unless otherwise defined herein shall have the meaning attributed to such term in the glossary of terms to be found at MiiScan.social/glossary/.

2. About MiiScan
MiiScan is a revolutionary ecommerce enabled, video-based platform that allows Users to interact and transact with each other via the MiiScan Platform and MiiScan family of services.

3. Usage of the MiiScan Services
MiiScan is a private service, and the usage of the MiiScan Services is a privilege extended to the User at the sole and absolute discretion of MiiScan. In order to maintain a fun and safe environment, all MiiScan Users must be in compliance with MiiScan’s Community Guidelines this document may be found at MiiScan.social/community-guidelines and respectively. Failure to meet these standards may result in MiiScan limiting, restricting, suspending or cancelling your MiiScan Account (hereinafter an “Account”) and may also result in MiiScan indefinitely withholding any outstanding payments to you. If MiiScan believes that you are abusing the MiiScan Services in any way, we may, in our sole and absolute discretion and without limiting other remedies: limit, suspend, or terminate your Account(s) and your access to MiiScan Services; delay or remove hosted content; demote your Account(s) Status Level; remove and demote listings; and/or take any other technical and/or legal steps to prevent you from using MiiScan Services. MiiScan may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue the MiiScan Services at any time, and from time to time, in our sole and unfettered discretion. Additionally, we reserve the right to refuse or terminate at any time, or from time to time, all or part of our MiiScan Services to anyone for any reason, or for no reason, at our sole and absolute discretion.

4. User Regulatory Oversight
User will promptly submit to and cooperate fully with any examination which may be required or requested by any of Regulatory Authority, MiiScan, Issuer, Association or System, to the fullest extent required or requested by such Regulatory Authority, MiiScan, Issuer, Association or System during normal business hours on a Business Day. User will also provide to MiiScan a copy of any reports, documents and other information which may be required or requested by any Regulatory Authority, MiiScan, Issuer, Association or System in connection with its audit or review of MiiScan, Issuer or any MiiScan Platform Program and will reasonably cooperate with MiiScan, such Regulatory Authority, Issuer, Association, or System in connection with any audit or review of MiiScan or Issuer.

5. User Compliance with Rules and Laws
User will at all times during the Term of this User Agreement remain abreast of and knowledgeable about the MiiScan User Requirements and Rules and Requirements of Law relating to the MiiScan Services; and, User will remain at all times in compliance with the Rules and Requirements of Law and MiiScan User Requirements relating to the MiiScan Platform Program and the MiiScan Platform, including, without limitation, Rules and Requirements of Law relating to discrimination, anti-money laundering, United States based unlicensed online gambling, anti-terrorism and “Know Your Client”. User will undertake reasonable efforts to: (i) ensure that User Associates remain abreast of and knowledgeable about the Rules and Requirements of Law relating to the applicable Mobile MiiScan Platform Programs, including Rules and Requirements of Law relating to anti-money laundering, anti-terrorism and “Know Your Client”; (ii) ensure that User Associates remain at all times in compliance with the Rules and Requirements of Law; and (iii) ensure that User Associates adhere to MiiScan’s written guidance concerning compliance with the Rules and Requirements of Law. User and User Associates will be permitted a reasonable period of time to adjust its processes and procedures to comply with any changes in the Rules and Requirements of Law or guidance from MiiScan’s, provided such reasonable period of time may not extend past any effective dates established by the Rules and Requirements of Laws. User and MiiScan will initiate a regular discussion to apprise each other of recent developments in the areas referenced in this paragraph for the purposes of providing User and User Associates time to adjust their best practices to comply with any changes to any Rules and Requirements of Law, but failure to initiate such discussion does not limit or restrict User or User Associates’ obligations to comply with the Rules and Requirements of Laws.

6. MiiScan User Requirements
MiiScan strives to create a safe, respectful and trustworthy service for all of its Users. As such MiiScan is entirely dependent on Users to use the MiiScan Services in an honest and responsible manner which is at all times in full compliance with the Rules and Requirements of Law, the MiiScan Community Guidelines, the MiiScan Terms of Service and the MiiScan User guidelines as outlined in this Agreement.

In relation to the use of the Service, Users are obliged to make full and true disclosure as to their products, services and or performances that are made available to Users through the MiiScan Service. All broadcasts using the MiiScan Services or Platform must meet the minimum broadcast length, quality and content standards advertised to Viewers by the User at the time of broadcast. If MiiScan believes that you are making false claims to Viewers or not providing a stream of the promised length or content or if you are otherwise abusing the MiiScan Services in any way, we may, in our sole and absolute discretion and without limiting other remedies: withhold all payments to you indefinitely, refund money to Viewers at your expense, provide users with an eWallet credit for the amount equalling the disputed charge at your expense, limit, suspend, or terminate your Account(s) and your access to MiiScan Services; delay or remove hosted content; demote your Account(s) Status Level; remove and demote listings; and/or take any other technical and/or legal steps to prevent you from using MiiScan Services.
As a general right, MiiScan may cancel unconfirmed Accounts or Accounts that have been inactive for a long time, or modify or discontinue the MiiScan Services at any time, and from time to time, in our sole and unfettered discretion, without notice to the User. Additionally, MiiScan reserves the right to refuse or terminate at any time, or from time to time, all or part of our MiiScan Services to anyone for any reason, or for no reason, at our sole and absolute discretion, without notice.

9. Consent to Use of Data
You agree that MiiScan may collect and use technical data and related information, including but not limited to technical information about devices on which you access and/or use MiiScan Services or Platform, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you, if any, related to MiiScan Services or Platform. MiiScan may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

10. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. MiiScan works to ensure that content on our site(s) does not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our customer service team at IPCS@MiiScan.com

11. Prohibited Activities
By acceptance of this User Agreement, you covenant and agree that you will not Broadcast and/or upload content that is in violation of MiiScan Community Guidelines. MiiScan Community Guidelines can be found at MiiScan.social/community-guidelines. If there is any disagreement as to whether content violates MiiScan Community Guidelines, MiiScan will make such determination in its sole and absolute discretion, such determination to be final and binding upon the User or User. Prohibited Activities include, but are not limited to:

• Violating any applicable laws or regulations;
• Cyberbullying;
• Not reporting a crime being witnessed on a live stream or uploaded content;
• Hate speech;
• Sexual exploitation;
• Violence;
• Criminal Activity;
• Money Laundering;
• Fraud;
• Self-Injury;
• Promotion of Self Injury
• Injury of other parties;
• Terrorism Funding;
• Drug Dealing;
• Prostitution;
• Fake News
• Publishing, posting, uploading, distributing or disseminating any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information or that which will violate local laws or regulations;
• Transfer of your MiiScan Account (including Feedback) and your ID to another party without our consent;
• Distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• Uploading files or content that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or technologies that may harm MiiScan, or the interests or property of others;
• Use of any robot, spider, scraper, or other automated means to access any MiiScan Services for any purpose;
• Bypassing MiiScan’s robot exclusion headers, interfering with the working of MiiScan Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
• Reproducing, performing, displaying, distributing, reverse engineering, or preparing derivative works from content that belongs to or is licensed to MiiScan, or that comes from MiiScan Services and belongs to MiiScan or another party including works covered by any copyright, trademark, patent, or other intellectual property right, except with prior express permission of MiiScan and/or any other party holding the right to license such use;
• Commercializing any MiiScan application or any information or software associated with such application; for certainty, this includes selling, renting, leasing, redistributing or sublicensing MiiScan Services;
• Copying, decompiling, reverse engineering, disassembling or attempting to derive the source code of MiiScan Services or application;
• Harvesting or otherwise collecting information about Users without their consent; or
• Circumventing any technical measures MiiScan uses to provide MiiScan Services.

16. Account Claims and Disputes

If a Customer makes a claim against unpaid User Funds, MiiScan may, in its sole discretion, (a) withhold all or part of the unpaid User Funds until the dispute is resolved to MiiScan’s satisfaction; or (b) pay the disputed User Funds to any court of law until the matter is resolved. You hereby covenant and agree that you shall immediately advise MiiScan of (i) any error in the processing of any User Funds whether positively or negatively impacting MiiScan, you or a Customer, or (ii) the discovery of any illegal or fraudulent transaction by you, or by any of your Customers.

18. Call Recording and Contact Authorization

You agree that MiiScan may contact you using in-app messaging, autodialed calls, emails and text messages, or any other electronic or telephonic method or media at any telephone number or contact address that you have provided MiiScan, to: (i) provide customer service; (ii) resolve disputes; (iii) collect a debt; (iv) investigate fraud or any other potentially illegal activity; or (v) to enforce any other provision of this User Agreement, MiiScan Policies, applicable law, or any other agreement MiiScan may have with you. As described in our Privacy Policy you may change your communications options at any time by going to www.MiiScan.com/myaccount.
MiiScan may share your telephone number with its authorized service providers as stated in our Privacy Policy. These service providers may contact you using autodialed or calls, email and text messages or by the means described above, only as authorized by MiiScan and to carry out the purposes we have identified in this User Agreement.
MiiScan may, without further notice or warning and in its sole discretion, monitor or record telephone conversations or live stream Broadcasts that you or anyone acting on your behalf has with MiiScan or its agents for: quality control; security; and training purposes; or for MiiScan’s own protection and for the protection of others; or to ensure compliance with this User Agreement and applicable law.

19. Indemnity and Release

You hereby covenant and agree to indemnify, defend, release and hold harmless MiiScan and our affiliates and subsidiaries, and MiiScan’s and its affiliates and subsidiaries’ respective officers, directors, employees, agents, and shareholders from claims, demands and damages, actual and consequential, and all fines, penalties, losses and expenses (including legal fees on a solicitor and client basis), or other liabilities resulting from or in connection with your use of the MiiScan Services or that arise from a breach of any of the terms and conditions of this User Agreement. If having a dispute with one or more Users, you release MiiScan from claims of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In agreeing to this release you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

20. Legal Disputes

You and MiiScan agree that any claim or dispute in law or equity that arises from or may arise from this or any previous versions of the MiiScan User Agreement, or from your use of, or access to the MiiScan Services, or any products or services sold or purchased through the MiiScan Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

20.1 Prohibition of Class Action and Representative Action and all Non-Individualized Relief

YOU AND MIISCAN AGREE THAT EITHER PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING WITHOUT THE MUTUAL CONSENT OF BOTH YOU AND MIISCAN. THE ARBITRATOR OR JUDGE, AS THE CASE MAY BE, MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS ACTION, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR OR JUDGE MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. The invalidity or unenforceability of any provision of this section “Prohibition of Class Action and Representative Action and all Non-Individualized Relief”, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion this section shall be construed in all respects as if such invalid or unenforceable provision were omitted.

21. Survival of Claims

It is agreed that any claim arising out of or related to this MiiScan User Agreement will not be brought later than two (2) years after the cause of action became known or should have become known to the complainant.

22. Invalid or Non enforceable Provisions

The invalidity or unenforceability of any provision of this MiiScan User Agreement, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion, this MiiScan User Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.

23. Choice of Law/Venue

This MiiScan User Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, and without regard to its conflicts of law rules. You hereby irrevocably attorn to the non-exclusive jurisdiction of the courts of the Province of Ontario. The venue for any action, dispute or proceeding with respect to this MiiScan User Agreement shall be Toronto, Ontario, except in the case of any action, dispute, or proceeding relating to an indemnification obligation hereunder, which action, dispute, or proceeding may be brought before any court with competent jurisdiction.

24. Amendments and Modifications

We may amend this MiiScan User Agreement at any time by posting the amended terms on MiiScan.  Our right to amend the MiiScan User Agreement includes the right to modify, add, or remove terms in the MiiScan User Agreement. We will provide you 30 days’ notice by posting the amended terms on MiiScan’s website. Additionally, we may notify you by text message, autodialed call or by email. Your continued access or use of MiiScan Services constitutes your acceptance of the amended terms as and when posted from time to time. We may, but have no obligation to, also ask you to acknowledge your acceptance of the MiiScan User Agreement through an electronic click-through. This MiiScan User Agreement may not otherwise be amended except through mutual agreement by you and a MiiScan representative who is duly authorized to agree to such an amendment.
The MiiScan Policies posted on our sites may be changed from time to time. Changes take effect when we post them on the MiiScan website.

25. Acting on Behalf of a Business

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this MiiScan User Agreement. Such account is owned and controlled by the business entity and MiiScan can rely upon the foregoing sentence in respect of any instructions in respect of the business entity.

26. No Partnership

You and MiiScan do not intend to create, and have not created, a legal partnership or joint venture by agreeing to perform the activities set forth in this MiiScan User Agreement. Each of you and MiiScan shall be an independent contractor with respect to the other. Neither you nor MiiScan shall have the legal authority to contractually bind the other. Notwithstanding the foregoing, in the event that you and MiiScan hereto agree to create a legal partnership or joint venture in the future with respect to the provision of the MiiScan Services as set forth herein, such agreement shall be a separate and distinct agreement in writing. The arrangement between you and MiiScan hereto is non-exclusive and this MiiScan User Agreement does not grant to you any exclusive rights relative to all, or any part of, the MiiScan Service.

27. Survival of Obligations

The rights and obligations of the parties hereunder which by their nature would continue beyond the termination or cancellation of this MiiScan User Agreement (including, without limitation, those relating to the following sections; Fees, Content, Limitation of Liability, Indemnity and Release, and Legal Disputes) shall survive any termination or cancellation of this MiiScan User Agreement.

28. MiiScan Services and Marks

You shall not: (i) attempt to modify MiiScan’s marks, trademarks, trade names, or any MiiScan Services in any manner; or (ii) sell, assign, license, sub-license or otherwise transfer, transmit or convey MiiScan Services, any part thereof, or any copies or modifications thereof, or any interest therein, to any party. All rights in the MiiScan Platform and MiiScan Services, including without limitation any patents, trademarks, trade names, copyrights and any other intellectual property rights therein and all improvements thereto howsoever arising, shall remain the exclusive property of MiiScan and/or MiiScan’s licensors. You agree that the MiiScan Services are the proprietary and confidential information of MiiScan and/or its licensors. The limited license to use the MiiScan Services in compliance with this User Agreement, or any part thereof as applicable, shall immediately terminate upon the earlier of: (i) termination or expiration of this MiiScan User Agreement; or (ii) failure by you to comply with any provisions of this User Agreement.

29. No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MiiScan SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MiiScan SERVICE PERFORMED OR PROVIDED BY MiiScan ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MiiScan HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MiiScan SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OR SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. MiiScan DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF MiiScan SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR MiiScan SERVICES PERFORMED OR PROVIDED BY MiiScan WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF MiiScan SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MiiScan SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM MiiScan SERVICES OR PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MiiScan OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD MiiScan SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

30. Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MiiScan BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MiiScan SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MiiScan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall MiiScan’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

31. Limitation of Liability for Content

You understand that by using MiiScan Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or displays of nudity, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, Users agree to use MiiScan Services at their sole risk and that MiiScan shall not have any liability for content that may be found to be offensive, indecent, or objectionable. MiiScan does not control or endorse the content, messages or information displayed on the MiiScan Services and, therefore, MiiScan specifically disclaims any liability with regard to the use of the MiiScan Services and any actions resulting from your participation in any MiiScan Service.

Users and Users, in uploading or live streaming content through MiiScan Services or Platform, acknowledge they alone are liable for the information or content they upload or live stream on MiiScan Services or Platform. In no event shall MiiScan be liable for content or information posted, uploaded, or live streamed on MiiScan Services by a User and/or User. Users and Users agree to indemnify MiiScan, its affiliates and subsidiaries, and all other parties named in Section 19 “Indemnity and Release” for all claims brought against MiiScan on account of content posted, uploaded or live streamed that violates laws, whether inside or outside of Canada.

32. Third Party Materials

In accessing and using the MiiScan Services, Users may be exposed to content, data, information, applications or materials from third parties or provided links to certain third party websites. By using MiiScan Services, Users acknowledge and agree that MiiScan is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party materials or websites. MiiScan does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials, products or services. MiiScan is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties or use a link to such parties from the MiiScan Services or Platform.

33. Headings

The headings, captions and titles used in this MiiScan User Agreement are for convenience of reference only and shall not have any bearing in interpreting, construing, performing or enforcing this MiiScan User Agreement.

34. Notices

Any notice, approval, request, authorization, direction or other communication under this MiiScan User Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes (a) on the delivery date, if delivered personally to the party to whom the same is directed; (b) two business days after deposit with a commercial overnight carrier, with written verification receipt; or (c) five (5) days after the mailing date, whether or not actually received, if sent by registered mail, return requested, postage and charges prepaid, or any other means of rapid mail delivery for which a receipt is available to the address of the Party to whom same is directed as set forth at the beginning of this MiiScan User Agreement. All such communications will be directed to the attention the Authorized Agent in the case of you and Customer Service in the case of MiiScan.

35. Transfer and Assignment

You may not sell, assign or transfer any of your rights or obligations under this MiiScan User Agreement without the prior written consent of MiiScan (which consent may be arbitrarily withheld or conditional).