Terms of Use

TERMS OF USE

Preamble

Participant’s use of Company’s features, engagements, data compilations, products, advertising, promotions, websites, social media points of access, surveys, questionnaires, rewards, point incentives, consumer accounts (“Services”) are subject to the terms and conditions set forth in these Term of Use.

I. Prohibited Areas and International Use. Access, use and/or download of any feature related to, arising from, or a derivative work of Company is strictly limited to those lawful geographic areas consistent with the governing and applicable Federal, State, Local, and governmental agency laws, regulations, ordinances, executive orders, and authoritative opinions. Use of the Services in any prohibited area, including those areas identified on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other United States declared illegality, non-export, or other governmental restricted list is strictly prohibited. Any international consumers are welcome to enjoy the Services to the extent access, use, and downloads of the Services are consistent with the applicable International Law. Company makes no representation, legal, advisory, or otherwise, as to the compliance of the Services with local international laws. Services are operated and administered wholly within the United States and is no responsible to ensure the compliance for use beyond the United States’ boundaries.

II. Acceptance of Terms of Use. Use, promotion of, engagement with, or accessing of the Services, including any promotion, advertising, marketing campaign, third party access, point incentives, rewards programs (“Ancillary Services”) binds users of the Services and Ancillary Services (“Participants”) to the terms and conditions set forth in this Terms of Use, Privacy Policy and any additional terms as may be developed and/or amended and modified from time to time at the sole discretion of Company, without exception, and unconditionally. Participant’s acceptance of the Terms and Use are a material condition to Participant benefiting, using, engaging, or utilizing the Services and Ancillary Services.

III. Right to Change Terms of Use. Company reserves the right to amend, modify and change Terms of use at any time in Company’s sole discretion. Participants will be notified by Company email or by notice integrated into the Services or Ancillary Services. Participant’s continued use of the Services and Ancillary Services constitutes consent and acceptance of such changes, amendments, and/or modifications without exception. Company is under no obligation to secure express agreement of such changes, amendments, or modifications of the Terms of Use, and Participants hereby agrees that continued use of the Services constitutes fair and adequate acceptance of revised Terms of Use at all times.

IV. Limited to Intended Use. Participants shall only use the Service and Ancillary Services in accordance with applicable Federal, State, and Local laws, regulations, rules, and ordinances. Further, Participants shall only use the Services and Ancillary Services for 1) the purpose intended by Company, 2) have the capacity to enter into an agreement, 3) are 18 years of age, and 4) reside within the United States. Participant’s use shall be in the form of a limited, non-transferable, non-exclusive license revocable by Company at any time and at Company’s sole discretion.

V. Limited Re-use. Participants shall not modify, disseminate, transmit, reuse, share, re-post, the content of Company, including but not limited to, images, text, audio, video, without prior written permission from Company or as allowed in accordance with the Terms of Use.

VI. Third Party Access. To the extent Participants access Services and Ancillary Services through Third Parties outlets, including Google Play, Apple Store and other such outlets, the Terms of Use applicable to the Services and Ancillary Services is reserved for the Participant and Company. Such Third Parties may have separate and distinct terms and conditions related to their respective outlets and access points as such Third Parties are not sponsors or affiliates to Company, Services, or Ancillary Services.

VII. Ownership of Intellectual Property. Company has complete and exclusive right to the content, derivative works, and all data, images, text, audio, video, and otherwise related to, arising from the Services and Ancillary Services, unless specified otherwise. Participant’s use of the Services and Ancillary Services are the direct result of significant development, preparation, compilation, revision, and reiteration by Company that has come at great expenses of both monetary and labor resources. As a result, Company shall enforce such intellectual property rights to the fullest extent of the law. All trademark, logos, service marks, insignias, or derivative works thereof integrated, displayed, or exploited by the Services and Ancillary Services are strictly forbidden from being used, disseminated, exploited, posted, converted, broadcasted, derived from, in any form or fashion by Participant without the express written permission from Company. Participant’s use of the Services and Ancillary Services implies consent, acceptance and acknowledgement of Company’s worldwide, exclusive, all encompassing, ownership, title, interest, and rights to all Intellectual Property, including, but not limited to, content, images, texts, audio, video, data, code, ideas, conversions, materials, software, translations, or the general description of the Services and Ancillary Services, including any modifications and derivative works thereof.

VIII. Participant Code of Conduct. Participants must not take any action that may directly or indirectly disrupt or interfere with the Services or Ancillary Services or any Third Party related thereto. Participants shall not engage in any commercial activity including, but not limited to, resale of Services or Ancillary Services, reproduction, duplication, copy, or transfer of benefit without express written consent from Company. Participant shall not engage in any fraud, criminal, or any civil activity that violates any applicable local, state, or federal law. Participant shall not disseminate any information, that is objectionable, hateful, sexual, vulgar, indecent, pornographic, or otherwise obscene, nor shall Participant engage in any behavior that in Company’s sole discretion is determined to be inappropriate. Company shall not tolerate any language, posts, or communications that in Company’s sole discretion is determined to be negative, defaming, libel, threatening, harassing, intimidating, or offensive in any way.

Company reserves complete and absolute right to suspend, penalize, or terminate Participant’s account, if in Company’s sole discretion Participant violates any of the governing terms and conditions for the Services and Ancillary Services. Participant is not entitled to any notice, prior to such suspension, penalty, or termination.

XI. Ancillary Services. From time to time Company may afford Participant an opportunity to receive financial incentives, monetary benefit, or other valuable consideration in exchange for Participant’s Personal Information. Such incentive, benefit, and consideration, may be in the form of a “point” or “credit” which may be redeemable for other incentives, benefits, consideration, or other accessible activities that may result in a financial incentive, monetary benefit, or other valuable consideration. These “Point” or “Credit” opportunities may have their own respective terms and conditions governing the accumulation, utilization, suspension and termination of any Points and/or Credits. Company reserves sole and absolute right to void, reward, negative, or grant any Points/Credits at any time with or without cause. Participant’s use of the Services and Ancillary Services is an active form of consent to Company’s right to modify the Point/Credit or the opportunity they may result from. Company, or a designated Third Party, may utilize Social Media Access Portals (“SMAP”) to provide Participant with access to Ancillary Services. These SMAP opportunities will likely require Participant to follow a set of instructions, when followed may result with a Point/Credit which Participant may subsequently use, accumulated or not depending on these opportunity, towards another opportunity to receive an additional financial incentive, monetary benefit or other valuable consideration.

While some opportunities may require multiple Points/Credits, Company is not responsible for any error in tracking or accumulation of Participant’s Points/Credits. Moreover, any redeemable financial incentives, monetary benefits, or other valuable consideration are subject to supplies last, and any other restriction Company or designated Third Parties place on the opportunity. Additionally, from time to time verification, which may include but is not limited to, State Identification, Driver’s License, or other identify verification, of completion of a given task under the instructions of the opportunity may be required.

PARTICIPANT EXPRESSLY ACKNOWLEDGES THAT POINTS/CREDITS HAVE ABSOLUTELY ZERO CASH VALUE, ARE SUBJECT TO STRICT EXPIRATION GUIDELINES ON AN OPPORTUNITY BY OPPORTUNITY BASIS, ARE NOT TRANSFERABLE FOR ANY REASON, AND SHALL NOT BE REFUNDED, RETURNED, AND SUBJECT TO NEGATION, TERMINATION, SUSPENSION, REDUCTION ,OR OTHERWISE, IN THE SOLE DISCRETION OF COMPANY OR DESIGNATED THIRD PARTY.

ALL POINTS UNUSED OR INACTIVE FOR A PERIOD OF TWELVE (12) MONTHS ARE SUBJECT TO BECOMING VOID AND UNUSEABLE AT COMPANY’S SOLE DISCRETION.

X. LIMITATION OF DAMAGES. COMPANY SHALL NOT BE LIABLE TO THE PARTICIPANT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSSES, OR LOSS OF ANTICIPATED REVENUE OR AWARD, LOSS OF ANTICIPATED OR EXPECTED FINANCIAL, MONETARY, OR OTHER INCENTIVE AND CONSIDERATION, OR ARISING FROM COMPANY’S PERFORMANCE OR NON-PERFORMANCE.

XI. LIMITATION OF LIABILITY. COMPANY’S MAXIMUM LIABILITY TO PARTICIPANT FOR ANY CAUSE WHATSOEVER, IN CONNECTION WITH THESE TERMS OF USE, SHALL BE LIMITED TO ONE HUNDRED US DOLLARS ($100.00), AND PARTICIPANT EXPRESSLY AGREES TO RELEASE COMPANY FROM ANY LIABILITY IN EXCESS OF THIS LIMITATION OF LIABILITY.

XII. Indemnification. Participant agrees to indemnify, defend and hold harmless Company, Company’s representatives, entities, officers, directors, employees, and Affiliates, from any and all losses, liabilities, claims and damages related to or arising from these Terms of Use resulting from the negligence, misrepresentation, misuse of Services or Ancillary Services, use of Third Party access points, and/or willful misconduct of Participant, or its members, officers, employees, and /or representatives.

XIII. FTC Compliance. Participants choosing to post, promote, repost, exploit, or engage Participant’s social media contacts, hereby agree to do so in accordance with all applicable local, state, and federal laws including, but not limited to, the regulations and rulings of the Federal Trade Commission.

XIV. DISPUTE RESOLUTION AND BINDING ARBITRATION. All disputes regarding Services, Ancillary Services, Sites, Engagements, Third Parties, Social Media Access Points, Ad Portals, or any other disputes arising from interaction, whether indirectly, directly, or peripherally with Company shall be subject to a strict binding arbitration as outlined in this Privacy Policy.

Notice shall be sent to Company at [email protected] Notice shall include nature and basis for the dispute, enclosure of all pertinent documents, and the specific remedy Participant is seeking.

Participant agrees to pursue informal negotiation for a period of Sixty (60) days in good faith and without threat of future litigation. Should informal negotiation fail to resolve the outstanding issues, Participants agrees to a period of ninety (90) days with multiple sessions (at sole discretion of Company) of non-binding mediation to resolve any issue. Participant further agrees to prepay half of the legal cost for each non-binding mediation session before such non-binding mediation session takes place. Failure of Participant to post their respective non-binding mediation prepayment fees will result in waiver of claim in its entirety with prejudice.

Should non-binding mediation fail to resolve the dispute, Participant agrees to be obligated to binding arbitration as Participants sole remedy. Venue shall be Los Angeles, California, and binding arbitration shall be subject to the American Arbitration Association’s Commercial Arbitration Rules and the supplementary Procedures for Consumer-Related Disputes. Judgement upon any Arbitration ruling may be entered into a court of competent jurisdiction.

ANY DISPUTE RESOLUTION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND PARTICIPANT EXPRESSLY AGREES TO WAIVE ANY RIGHT TO TRIAL BY JURY OR CLASS ACTION LITIGATION.

XV. Severability and Non-Waiver. Should any portion of these Terms of Use be held to be invalid, illegal, or void by a court of proper jurisdiction, the remainder of these Terms of Use shall subsist and continue in force and effect. Provisions of these Terms of use may not be waived without an expressed waiver signed in writing by the waiving Party.

XVI. Governing Law. This Agreement shall be governed by the laws of the State of California. Participant expressly agrees to venue in Los Angeles, California.

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