LAST UPDATED : 19/08/2016
PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY HELP INC. ("COMPANY"). BY VISITING THE WEBSITE AND/OR MOBILE APP OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE AND ACCEPT TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE APPS OR SERVICES. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THIS WEBSITE OR THE APP.
1. ACCESS TO THE SERVICES
The bottr.me, website, domain name and application services (including without limitation the mobile application services) offered from time to time by Company in connection therewith (individually the "App" and collectively, the "Apps" or "Website") are owned by HELP Inc., and are licensed to and operated by the Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the respective website and Apps at bottr.me and bottr.me/app, respectively, and that have been selected by you (together with the App, the "Services"), solely for your own use, and not for the use or benefit of any third party. The term "Services" includes, without limitation, on demand collaborative consumption platform provided by the Company to you, though the use of the App, any other services Company performs for you and the Content (as defined below) offered by Company on the App. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Company reserves the right to amend this Agreement from time to time. If we make changes to this Agreement, we will notify you (for example, by email or a sign-in notification or some other means). By continuing to use the Service after those changes become effective, you are agreeing to be bound by the revised Terms of Service; if you do not agree to the change, do not use the Services after the change is effective, in which case the change will not apply to you.
2. WHO CAN USE THE SERVICES
Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at hello@bottr.me.
You represent and warrant to Company that: (i) you are of legal age and you can form a binding contract with us and you are not prohibited by law from accessing or using the services; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
3. REGISTRATION AND SECURITY
As a condition to using some aspects of the Services, you may be required to register on the Website and select a password and user name ("Company User ID") and any additional information sought in order to use all the features of the Website. If you are accessing the Services through a third party site or service (such as "Facebook Connect"), Company may require that your Company User ID be the same as your user name for such third party site or service. You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
4. HOW THE SERVICES WORK
You can use the Services and choose to be an "End-user" and/or "Service Provider", in the following ways:
The Services can be used through our App only during the time when you are active and logged on to out App.
The Company makes available an online web-based platform for Customers and Service Providers with related technologies for enabling the users to take services of the Service Providers online. The services provided by the users or procured by the users, shall be limited by registering themselves on our App. User is required to register as Customer first and then subsequently, shall be added as Service Provider upon request. The Customer upon choosing to become a Service Provider shall have to undergo a separate registration process, which shall be notified to the Customer by Company, upon receiving the request, depending on the type of services which Customer is willing to provide.
The Company is not an owner or operator of services provided by the Service Provider. Unless explicitly specified otherwise, Company’s responsibilities are limited to: (i) facilitating the request placed by the Customer and help the Customer in reaching out to the Service Provider (ii) serving as the limited payment collection agent of each Service Provider for the purpose of accepting payments from Customers.
Upon receiving your request (in capacity of Customer) through the chat window (with various functionality) provided in the App or Website, We shall initiate your request and connect you to various Service Provider(s) registered on the App, upon their availability and feasibility. The App can be used to interact and provide details of your request to the Service Provider. The Service Provider can be from any geographic region and Company does not take the responsibility of the quality and the results of the work done or performed by such Service Provider.
5. SERVICES CONTENT
The Services and its contents are intended solely for the personal and/or commercial use of Services and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the "Content," and which includes User Submissions (as defined below)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided or received in Article 4), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may not download or copy the Content (and other items displayed on the Services) for any unauthorized use. You shall not store any portion of any Content in any form. Copying or storing of any Content is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content’s copyright notice. If you link to the App, Company may revoke your right to so link at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the App.
In the course of using the Services, you and other users may provide information which may be used by Company in connection with the Services and which may be visible to certain other users (for example, reviews provided by you post using or receiving the services of the Service Provider). You understand that by posting information or content on the Services or otherwise providing content, materials or information to Company or in connection with the Services (collectively, "User Submissions"), other than Paid Content (as defined below), Company hereby is and shall be granted a non exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licenseable and transferable right to reasonably modify and exploit such User Submissions (including all related intellectual property rights) in connection with the Services and Company’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; however, Company will only share your personally identifiable information in accordance with Company’s privacy policy in effect from time to time and as located at Privacy. For clarity, the foregoing license grant to Company does not affect your ownership of or right to grant additional non-exclusive licenses to the material in your User Submissions, unless otherwise agreed in writing.
The Work received from the Service Provider towards the payment made by you, as a result of the request placed by you, using the Service, such work shall be considered as "Paid Content" and Customer will be considered as the "Owner" of that Paid Content or part of. Paid Content which is received by the Customer through the App, may contain digital rights management safeguard systems to protect copyrights, ("DRM"), provided that such Paid Content shall explicitly and clearly describe such DRM in the content/offer description; any failure on the part of the Service Provider to do so may be grounds for issuing a refund to the Customer, upon scrutiny and pursuant to Section 10 below of this Agreement.
With respect to any Paid Content shared by you on or through the App, you hereby grant Company a non exclusive, worldwide, sub-licenseable and transferable right including, not limited to, for administrative purposes, and use the Paid Content to facilitate sales of Service.
For clarity, (a) regardless of the terms buying and selling of services on the App, the Company do not take the responsibility of the rights which shall be granted by the Service Provider to the Customer and (b) the Services are a platform that facilitates the transaction between a Customer and a Service Provider with respect to Paid Content, but Company is not a party to such transaction and has no responsibility for such transaction or for the Paid Content or for any dispute between any Customer and any Service Provider.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content is originated or transmitted and that Company will not be liable for any errors or omissions in any content or any other liability that may arise from your use or such content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which users or Service Provider may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You hereby release Company and its affiliates, directors, officers, employees or representatives from any losses, liability, damages, costs or fees arising from your use of any Content or other information accessed by you.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
Certain User Submissions may be offered as free content, for which no payment will be required.
6. RESTRICTIONS
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party or the Company; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
You will not publicly post or privately transmit through the Services and/or use the Services in any other way to sell any of the below restricted list of items and activities.
Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information or any part thereof, in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run 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 on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You understand and agree that Company shall have the sole right to decide whether you are in violation of any of the restrictions set forth in this Section, and shall have sole discretion regarding the course of action to take in connection therewith.
7. THIRD PARTY SERVICE PROVIDER
By accepting and agreeing to these Terms, users also agree to be bound by and comply with the terms and conditions of any third party service provider, whose services are availed by the Company from time to time for providing Services under these Terms.
8. WARRANTY DISCLAIMER
Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what content you receive via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, APP, PRODUCTS AND SERVICES OBTAINED THROUGH THE APP, AND ANY SOFTWARE ARE PROVIDED 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.
9. PRIVACY POLICY
For information regarding Company’s treatment of personally identifiable information, please review Company’s current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s Privacy Policy.
10. INDEMNITY
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any and all claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE APP OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE LESSER OF $100 OR THE FEES PAID BY YOU TO THE COMPANY (EXCLUDING THE FEES REMITTED TO THE SERVICE PROVIDER)DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
12. FEES AND PAYMENT
Company reserves the right to require payment of fees for certain or all Services, in addition to the fees charged for procuring the services of the Service Provider. You shall pay all fees, as described on the App in connection with such Services selected by you.
Depending on the type of service procured by the Customers, Company charges a fixed rate commission on the sale price on each transaction between Service Provider and Customers, which it deducts from the payment made by the Customers to the Service Providers. Company reserves the right to modify the commission amount from time to time. The Service Provider shall bear and be responsible for any applicable federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes) relating to the subject matter hereunder, excluding taxes based upon Company’s net income; if there is any withholding required, the Service Provider will pay any amount specified on the App without reduction for the withholding amount and will also pay the withholding amount to the applicable authorities.
Payments to the Service Providers shall be paid out by the Company on a weekly basis, provided that the Service Providers give their account details to the Company. If proper account details are not provided by the Service Providers within a month’s time from the date of registration, all amount accumulated shall be transferred by the Company to the Service Providers by way of credits.
Company reserves the right to change pricing and payment policies and to institute new charges at any time, upon notice to the respective Service Providers, which may be sent by email or posted on the App.
Company shall not at any time collect and store any details pertaining to the payments instruments used by you, through the payment gateway. It is your responsibility to disclose to your payment instrument details to payment gateways service provider, at your own risk.
Payment processing services for you on Website are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Service or continuing to operate as a User on the Website, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Website enabling payment processing services through Stripe, you agree to provide on the Website, accurate and complete information about you and your business, and you authorize the Website to share it and transaction information related to your use of the payment processing services provided by Stripe.
13. REFUNDS, DISPUTES AND CHARGEBACKS
A Customer may submit a claim for a refund for the payment made by emailing at hello@bottr.me and providing a clear and specific reason for the refund request and the exact terms that have been violated. Whether a refund will be provided will be determined by Company in its sole discretion. Refund requests must be submitted within twenty four (24) hours of availing the services.
For Service Providers
A transaction may be reversed or charged back to your account if it is disputed by the Customer, reversed for any reason by the Network, deemed to be fraudulent, deemed to be in violation of this Agreement, or we have any reason to believe that the transaction was not completed in good faith.
For any transaction that results in a chargeback, the Company may withhold the transaction amount from your account. If your account is pending resolution of any chargebacks, the Company may delay your next payout(s). The Company reserves the right to withhold from your account the amount of one or more transactions if it believes that there is a significantly increased risk of a chargeback occurring on these transactions. The Company will also charge you a fee for each refund, or chargeback, or dispute incurred.
If your account is incurring a significantly high volume of chargebacks according to the Company, the Company reserves the right to (a) suspend your account, (b) increase processing fees, (c) withhold payouts, (d) increase holding period for your funds to be paid out, (e) implement a rolling reserve.
14. INTERACTION WITH THIRD PARTIES
The Services may contain links to third party websites or services ("Third Party Services") that are not owned or controlled by Company, or the Services may be accessible by logging in through a Third Party Service, as described more fully in our Privacy Policy. When you access Third Party Services, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Service. By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party 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 Company 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 between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) 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. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which 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."
15. EXPORT CONTROL AND RESTRICTED COUNTRIES
You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
16. ACCESSING AND DOWNLOADING OF THE APPLICATION
The following applies to any application accessed through or downloaded from the Apple App Store or Google’s Play Store (collectively referred to as "App Store Sourced Application"):
You acknowledge and agree that (i) these Terms are concluded between you and Company only, and not Apple or Google, and (ii) Company, not Apple or Google, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple and/or Google, and they will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple and/or Google will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and App Store Sourced Application provider, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
You and Company acknowledge that, as between Company and App Store Sourced Application provider, Apple and/or Google is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and App Store Sourced Application provider; Company, not Apple and/or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Company acknowledge and agree that Apple and/or Google, and it’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
17. TERMINATION
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the App immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the App, and any Content will immediately cease. On termination of your account, the Company has the right to refund your transactions, or keep your funds on hold for a period of 180 days from the date of termination post which they can be released to your account. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
18. MISCELLANEOUS
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. You and Company agree there are no third party beneficiaries intended under this Agreement.
19. ARBITRATION; GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration by the American Arbitration Association in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this Section. (The AAA Rules are available at http://www.adr.org/arb_med). Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief at any time. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in California.
20. COPYRIGHT DISPUTE POLICY
Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Company’s policy to (1) block access to or remove material that it believes 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.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is Company’s policy:
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user 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, member, or user, must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, Company may 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, member or user, 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 Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address: 340, S Lemon Ave, 91789, Walnut, CA
21. CONTACT
If you have any questions, complaints, or claims with respect to the Services, you may contact us at hello@bottr.me.