Creator Terms of UseApril 29, 2022Effective date: 04/29/2022Welcome to Bounty. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:Email: support@bounty.coAddress: The Bounty App, Inc. 31 NE 17th St. Miami, FL 33137These Terms of Use (the “Terms”) are a binding contract between you and THE BOUNTY APP, INC. (“Bounty,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy (https://www.earnbounty.com/privacy-policy) and Copyright Dispute Policy (https://www.bounty.co/copyright-dispute-policy). Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.Will these Terms ever change?We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at earnbounty.com, send you an email, and/or notify you by some other means.If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.What about my privacy?Bounty takes the privacy of its users very seriously. For the current Bounty Privacy Policy, please click here (https://www.earnbounty.com/privacy-policy).Children’s Online Privacy Protection ActThe Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@earnbounty.com.What are the basics of using Bounty?You may be required to sign up for an account, select a password and user name (“Bounty User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Bounty User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.You will not share your Bounty User ID, account or password with anyone, and you must protect the security of your Bounty User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Bounty User ID and account.Age Restriction for Certain Product Posts1. Eligibility: The user acknowledges and agrees that they must be at least twenty-one (21) years of age to post, comment on, or engage in any other activity related to products for which the minimum legal purchase age is twenty-one (21) in the jurisdiction where the user resides or where the products are being sold.2. Verification: The platform may implement age verification measures to confirm that the user meets the age requirement, and the user agrees to provide accurate and truthful information in connection with such verification. Failure to comply with these verification measures or providing false information may result in immediate termination of the user’s account and any associated content.3. Responsibility: The user shall bear full responsibility for ensuring that their content complies with this age restriction and all applicable laws and regulations concerning age-restricted products. Violation of this clause may result in removal of content, suspension, or termination of the user's account, at the sole discretion of Bounty.4. Reporting: Other users of the platform who suspect a violation of this clause are encouraged to report such suspicions to Bounty by contacting support at support@bounty.co. Bounty will investigate all such reports and take appropriate action.5. Indemnification: The user agrees to indemnify and hold harmless Bounty and its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the user's breach of this age restriction clause or the user's violation of any law or the rights of a third party relating to age-restricted products.What about messaging?As part of the Services, you may receive communications through the Services, including messages that Bounty sends you (for example, via email or SMS). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Bounty to send you information about our services, which may include Bounty using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Bounty, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Bounty. You agree to indemnify and hold Bounty harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.Are there restrictions in how I can use the Services?You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:1. infringes or violates the intellectual property rights or any other rights of anyone else (including Bounty);2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Bounty;3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable (which includes, but is not limited to, the use of profanity, use of music with profanity, and any sexual, violent or explicit content);4. jeopardizes the security of your Bounty User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);5. attempts, in any manner, to obtain the password, account, or other security information from any other user;6. violates the security of any computer network, or cracks any passwords or security encryption codes;7. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);8. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);9. copies or stores any significant portion of the Content; or10. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or11. manipulates TikTok and other platforms’ features to promote content created for Bounty, which includes buying views, engagement, followers or using automated software or in any way manipulating your social media metrics to receive additional payouts from Brands. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.In order to be eligible to receive compensation for content created for the Bounty platform, you must adhere to the following guidelines:1. You may not delete, hide, or make private Bounty content from your page for fifteen (15) days after the initial posting date;2. The content must be about the product and brand you are creating the post for;3. The product must be clearly visible in your video; and4. Your social media channels (including, but not limited to, Instagram, Facebook, and TikTok) may not contain any inappropriate, unethical, disrespectful content or content that is contrary to this Terms of Service, the Creator Content Guidelines, or the terms of use of your other social media platforms.A violation of any of the foregoing is grounds for Bounty to withhold payment.What are my rights in the Services?The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Bounty's) rights.Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Bounty owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.What about anything I contribute to the Services – do I have to grant any licenses to Bounty or to other users?User SubmissionsAnything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law. You agree that your User Submissions will be original and created specifically for the Bounty platform and Services.LicensesIn order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy (https://www.earnbounty.com/privacy-policy) to the extent they relate to User Submissions that are also your personally-identifiable information.By submitting User Submissions through the Services, you hereby do and shall grant Bounty a worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable license to use, edit, display, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with this site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You shall not (and shall not license or otherwise permit any third party to) publish, distribute, or use any of the User Submissions, in whole or in part, in any manner or for any purpose (including without limitation, any publication or other use on any website or social media channel) that publicizes, advertises, promotes or otherwise benefits a service that is similar to or competitive with Bounty, without first obtaining Bounty’s prior written consent. For clarity, the foregoing license grant to us does not affect your other ownership rights in your User Submissions. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You represent and warrant that: (i) you will comply with all applicable federal, state, and local laws, rules, regulations and ordinances in connection with the Services, including, without limitation, all federal, state and local laws, rules and regulations, including those concerning paid product endorsements, including but not limited to, Federal Trade Commission Guides concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 55 (the “FTC Endorsement Guides”); and (ii) User Submissions created in connection with the Services contain the necessary disclosures regarding the sponsored nature of the User Submission, sufficient to comply with the FTC Endorsement Guides. You understand and confirm that Bounty may elect to use, or not use, all or any part of your User Submission, at its sole discretion, and that you have no right to review or approve any use permitted herein.Finally, you understand and agree that Bounty, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.What if something on the Services infringes my copyright?In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.1. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Bounty's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):2. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;3. Identification of works or materials being infringed;4. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;5. Contact information about the notifier including address, telephone number and, if available, email address;6. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and7. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.8. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:9. remove or disable access to the infringing material;10. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and11. terminate such content provider's access to the Services if he or she is a repeat offender.12. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:13. A physical or electronic signature of the content provider;14. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;15. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and16. Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.Please contact Bounty's Designated Agent at the following address:The Bounty App, Inc.Attn: DMCA Designated Agent31 NE 17th St. Miami, FL 33137Who is responsible for what I see and do on the Services?Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.The Services may contain links or connections to third-party websites or services that are not owned or controlled by Bounty. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Bounty is not responsible for such risks.Bounty has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Bounty will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Bounty shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.If there is a dispute between participants on this site or Services, or between users and any third party, you agree that Bounty is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Bounty, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”Wallet Maintenance FeeIf a users's digital wallet within the Bounty.co app remains inactive for a period of 12 consecutive months and holds a balance greater than zero, a maintenance fee of $1.99 per month will be deducted from the wallet balance. This fee is intended to cover the costs associated with maintaining and securing the inactive wallet. The monthly deductions will continue until either the wallet balance reaches zero or the creator resumes activity on the platform. Creators can avoid this fee by maintaining an active account, withdrawing their funds, or spending the wallet balance within the app before the 12-month inactivity period concludes.Will Bounty ever change the Services?We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.Do the Services cost anything?The Services will be free. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.How do I get paid?1. Compensation. Please see our Creator Services page (https://www.earnbounty.com/pricing-details) for a description of the current Services and their associated compensation structures, which may include, for example, payment for views generated on User Submissions. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.2. Billing. We use a third-party payment processor (the “Payment Processor”) to payl you through a payment account linked to your account on the Services (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. and Shopify as our Payment Processors. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal (https://stripe.com/us/checkout/legal) and their Privacy Policy at https://stripe.com/us/privacy (https://stripe.com/us/privacy). You can access Shopify’s Terms of Service at https://www.shopify.com/legal/api-terms and Shopify’s Privacy Policy at https://www.shopify.com/legal/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.3. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT TO RECEIVE PAYMENT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS (https://creators.earnbounty.com/wallet/withdraw).What if I want to stop using the Services?You’re free to do that at any time by contacting us at support@earnbounty.com; please refer to our Privacy Policy (https://www.earnbounty.com/privacy-policy), as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Any abandoned funds under the minimum withdrawal amount will be forfeit if you choose to close your account.Bounty is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Bounty has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Bounty.If you have deleted your account by mistake, contact us immediately at support@earnbounty.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.Can I refer other users?From time to time Bounty may offer rewards or incentives for referring others to the Services. For details of any current referral offers, please see our referral page<LINK>. The referring user (“Referrer”) may refer individuals or entities who are neither current customers of Bounty nor registered users of the Services (“Referee”). A registered user is a person or entity that already has an existing account with Bounty. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Bounty reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Bounty's discretion for any reason or for no reason whatsoever. If Bounty determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Bounty reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Bounty to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.What else do I need to know?Warranty Disclaimer. Bounty and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Bounty and all such parties together, the “Bounty Parties”) make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the Bounty Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Bounty Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY BOUNTY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE BOUNTY PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO BOUNTY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.Indemnity. You agree to indemnify and hold the Bounty Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Bounty's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Bounty and limits the manner in which you can seek relief from Bounty. Both you and Bounty acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Bounty 's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Miami, Florida. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Bounty will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Bounty will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.(c) Small Claims Court; Infringement. Either you or Bounty may assert claims, if they qualify, in small claims court in Miami, Florida or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.(d) Waiver of Jury Trial. YOU AND BOUNTY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Bounty are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Bounty over whether to vacate or enforce an arbitration award, YOU AND BOUNTY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Bounty is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: The Bounty App, Inc. 31 NE 17th St. Miami, FL 33137 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Bounty to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Bounty agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Miami, Florida, or the federal district in which that county falls.(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Bounty.Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Bounty may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Bounty agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Bounty, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Bounty, and you do not have any authority of any kind to bind Bounty in any respect whatsoever.Except as expressly set forth in the section above regarding the arbitration agreement, you and Bounty agree there are no third-party beneficiaries intended under these Terms.