Terms Of Use

PLEASE READ: THESE TERMS OF USE INCLUDE A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER UNDER SECTION 1, WHICH MEANS YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THESE TERMS, AND/OR ANY ELEMENT OF BOON, AND/OR YOUR RELATIONSHIP WITH US, TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT. YOU MAY OPT OUT OF THIS MANDATORY ARBITRATION AGREEMENT ONLY BY FOLLOWING THE PROCEDURES BELOW AS DESCRIBED IN SUB-SECTION 1.5. THESE TERMS ALSO INCLUDE A JURY WAIVER.

BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Reach Labs Inc. (“Reach” or “we” and all of its derivations) offers Boon, our mobile app, our website located at [•], and related services (collectively, “Boon”). These Terms of Use, the Boon Privacy Policy (the “Privacy Policy”), and all other terms and policies referenced in these Terms or accessible from Boon (collectively, the “Terms”) are a legal agreement between you and us. BY DOWNLOADING BOON OR CLAIMING CREDITS OR PAYMENTS OFFERED TO YOU THROUGH BOON, YOU AGREE TO ALL OF THESE TERMS AND ALL OTHER RULES, POLICIES, AND PROCEDURES RELATING TO BOON AND YOUR USE THEREOF THAT WE MAY PROVIDE YOU FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE BOON. 

“You” (and all of its derivations, and includes “Seller” and/or “Participant” as applicable) means you individually and any person acting as your agent, under your authority, or with your permission. By accessing or using Boon, you agree that you are at least eighteen (18) years of age (or the age of majority as may be determined in your country of residence, if the age of majority in your country of residence is older than eighteen (18) years of age), and have the full legal capacity and authority to form a binding contract with us under applicable law. You represent and warrant that you are of the age required to legally access Boon (including meeting the age requirements specified by us above) and that you have the capacity and authority to form a binding contract with us. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and all of its derivations, as well as “Seller” and/or “Participant” (as applicable) in these Terms shall refer to such company, organization, government, or legal entity.

You further 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 further understand and accept that Reach has the right to require you to be subject to KYC / KYB procedures and to supply information, materials and documentation requested by Reach at any time. You must ensure that any information provided to Reach is true, accurate, up-to-date, complete, and timely updated when changed. If Reach believes that any of the information you have provided is false, misleading, outdated or incomplete, including where proof of age is requested and satisfactory proof of age is not received, Reach reserves the right to terminate your access of, use of or participation in Boon, and you shall be fully liable for any loss or expense caused to Reach as a result of your access, participation or use. Additionally, your right to access, use or participate in Boon may be terminated or suspended in certain circumstances, including but not limited to where it is reasonably believed that Boon or any rewards resulting from or in connection with Boon may not be allowed in certain jurisdictions or that you have breached any terms of these Terms, including any representations and warranties, or for any or no reason as determined in Boon’s sole discretion. Without limitation of any other provision of these Terms, Boon has no responsibility or liability for any losses or other injuries resulting from any such actions taken by Boon.

1. GOVERNING LAW AND DISPUTE RESOLUTION
   1. Most of your concerns can be resolved by contacting customer service at [•email]. If we cannot resolve your concern, you and us agree to be bound by the procedure set forth in this Section to resolve any and all disputes between us. PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT YOU AND WE ARE AGREEING TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.
      
   2. Your access to and use of Boon and these Terms will be governed by and construed in accordance with the laws of California without reference to its conflicts of laws provisions.
      
   3. Claims Covered by Arbitration. All Disputes shall be determined exclusively by binding arbitration. The term “Dispute” is intended to be given the broadest possible meaning that will be enforced. If you have a Dispute that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, you and we agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in sub-section 1.4 (Exclusions from Arbitration). Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. Your agreement to arbitrate survives your, or our, termination of your access to the Services.
      
   4. Exclusions from Arbitration. You and we each agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened regarding the infringement, protection or validity of your, our or our licensors’ intellectual property, trade secrets or copyright, trademark or patent rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, to the extent your claim or Dispute qualifies under applicable law, you may elect to proceed in small claims court.
      
   5. Opt-Out Right: YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT, OR ANYONE ACTING ON YOUR BEHALF ACCEPTS, THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW (the “Opt-Out Deadline”). YOU MAY OPT-OUT OF THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION BY EMAIL TO [•email] WITH THE SUBJECT LINE “Terms of Use – Opt-Out Notice.”  YOUR WRITTEN NOTICE MUST INCLUDE: (1) YOUR USER ID, (2) YOUR NAME, (3) YOUR ADDRESS, (4) THE EMAIL ADDRESS ASSOCIATED WITH YOUR APPLE APP STORE OR GOOGLE PLAY ACCOUNT, IF YOU HAVE ONE, AND (5) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
      
   6. In order to validly terminate the binding arbitration agreement, we must receive your opt out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that you must pursue any claim in arbitration or small claims court if we do not receive an opt-out notice from you, or if we receive an opt-out notice from you more than 3 days after the Opt-Out Deadline.
      
   7. Notice of Dispute. If you have a Dispute with us, or any of our affiliates, you must send a written notice to [•email], with the subject line “Notice of Dispute”. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the player ID, full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (together, the “Required Information”). If the Notice of Dispute does not contain all of the Required Information (or an explanation of why you are unable to include any of the Required Information), then your Notice of Dispute shall be without effect, and must be re-sent before any arbitration or other legal action may be initiated. This requirement is intended to inform us that you have a Dispute to be resolved. We will send our Notice of Dispute to your billing or email address. Most disputes are resolved by our customer service team but if for whatever reason they are not able to solve the issue, you will be provided an opportunity to escalate the matter first to our responsible team member(s). You and us agree to attempt to resolve any Dispute informally, and in good faith, for at least 60 days after an effective Notice of Dispute is provided, before initiating arbitration pursuant to the terms of this sub-section.
      
   8. Arbitration Procedure. If you and us cannot resolve a Dispute informally, subject to the exceptions in sub-section 1.4, you and us agree to have the Dispute finally and exclusively resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association (“AAA”), unless the AAA declines or is unable, then we will select an alternative arbitral forum.
      
   9. We agree that we will pay all filing, administration and arbitrator fees other than the initial filing fee that you must pay to file the initial arbitration demand. If your claim is for less than US$1,000 we will reimburse you for the filing fee if you provide a written request for reimbursement with evidence of insufficient funds to pay the fee yourself. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing fee in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation. Otherwise, we will each bear the fees and expenses of our respective attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
      
   10. Arbitration will be conducted in accordance with the AAA’s rules, including the AAA’s Consumer Arbitration Rules respectively the AAA`s Supplementary Rules for Multiple Case Filings (as applicable), as modified by these Terms. The AAA rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at +1-800-778-7879.  The arbitration will be conducted in English by one arbitrator, who will be appointed by the AAA. For Claims under US$25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you or we request an in-person or telephonic hearing, or the arbitrator determines that an in-person or telephonic appearance is required. In the case of a hearing, the presumption shall be in favour of a virtual hearing, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in a mutually convenient location. We will ordinarily request that the hearing be held in New York. You may petition the arbitrator to select an alternative location for the hearing. The arbitrator’s selection of a hearing location shall be final and binding. You agree that in the event of an in-person hearing, we or any of our employees or affiliates who are based outside of the United States and who are participating in the hearing may participate by telephone or video conference, and their physical presence will not be required.
       
   11. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgement on any arbitration award may be entered in any court having proper jurisdiction.
       
   12. Ordinarily, pre-hearing information exchange will be limited to the reasonable production of non-privileged documents directly relevant to the dispute. Unless the arbitrator determines that an additional form of information exchange is necessary to provide for a fundamentally fair process, those documents will be limited to your app usage data and in-app purchases and communications directly about that information among you and us. Any issues regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, and the arbitrator’s determination will be conclusive.
       
   13. The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favour of you individually and only to the extent necessary to provide relief warranted by your individual claim without affecting our other customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. The arbitrator shall make a decision in writing and shall provide a statement of reasons if requested by either party. Nothing in these Terms will prevent you from seeking public injunctive relief separately from arbitration in court pursuant to these Terms, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate your individual claims. You and us agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the US Federal Arbitration Act.
       
   14. Class Action Waiver: In addition to the above, YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT FOR ACTIONS FOR INJUNCTIVE RELIEF AS DESCRIBED BELOW AND IN THIS SUB-SECTION. Upon motion of one or more interested parties, and after providing all other interested parties with an opportunity to be heard, the arbitrator may, at their discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. In the interest of clarity, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this arbitration agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualised hearing.
       
   15. If a court or arbitrator determines, in an action between you and us, that this class action waiver is unenforceable, this binding arbitration agreement will not apply to you. If you opt out of this binding arbitration agreement as specified above, this class action waiver will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth in sub-section 1.5 above.
       
   16. Jury Waiver. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
       
2. PRIVACY
   The Boon Privacy Policy explains how we collect, store, share, or otherwise use any personal information you provide through Boon (“Personal Data”). Our use of Personal Data will be in accordance with the Privacy Policy, and you hereby grant us the right to use your Personal Data consistent with these Terms, including the Privacy Policy.
   
3. YOUR BOON ACCOUNT
   You must create an account with us in order to use Boon (your “Boon Account”), by using the credentials for an account that you have registered on certain social media or other platforms operated by third parties (“Third Party Platforms”) that are listed as registration options on the Boon registration page, and by keying in your mobile number. When registering for a Boon Account, you must provide true, accurate, and complete information. You must maintain and promptly update such information so that it is current at all times. You are responsible for maintaining the confidentiality of and for all activities that occur through your Boon Account, whether or not you have authorized them. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Boon Account. We will not be responsible for any loss or damage arising from your failure to comply with your responsibilities and obligations under these Terms or from any activities that occur through your Boon Account. You will not create an account on behalf of, or for the benefit of, someone else.
   
   You are fully responsible for all activities that occur under your Boon Account even if such activities or uses were not committed by you. Reach will not be liable for any loss or damage arising from unauthorized use of your Boon Account, your login credentials, information relating to your Boon Account, or your failure to comply with this Section.
   
4. USE OF BOON AND RESTRICTIONS
   So long as you comply with these Terms, we grant you a limited, non-exclusive right to access and use Boon solely for your personal, non-commercial use. You are responsible for all of your activity in connection with Boon and must comply with these Terms and applicable law. You may not use Boon or any Content (defined below) made available through Boon for any purpose other than as set forth in these Terms. Without limitation of the foregoing, you will not (and will not permit any third party to), directly or indirectly: 
   
   1. interfere or attempt to interfere with the proper working of Boon or bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to Boon; 
      
   2. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; 
      
   3. probe, scan or test the vulnerability of Boon, or circumvent or breach the security or authentication measures of Boon;
      
   4. use or allow the use of Boon for any purpose or activity that is illegal, unlawful or in breach of these Terms;
      
   5. use or frame any of our trademarks or other proprietary information; 
      
   6. use meta tags or any other “hidden text” using any of our trademarks; 
      
   7. decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of Boon or make or attempt to make any modification to Boon, except to the limited extent applicable laws specifically prohibit such restriction; 
      
   8. transmit software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of Boon or any software, hardware, or telecommunications equipment;
      
   9. embed, upload or transmit (or attempt to embed, upload or to transmit) any files that contain a virus, trojan, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Boon;
      
   10. damage, disable, overburden, obstruct, or impair the functioning of Boon in any manner;
       
   11. access, search or collect data from Boon (through automated or other means, including artificial intelligence or machine learning) (1) to create derivative works; (2) to train or develop any AI, large language models or machine learning algorithms; (3) to create any service competitive to Boon; or (4) for other commercial purposes except as expressly permitted by these Terms;
       
   12. modify, translate, or otherwise create derivative works of Boon; 
       
   13. incorporate Boon or any portion thereof into any other program or product;
       
   14. use or launch any automated system, including “robots,” “spiders,” or “offline readers,” to access Boon;
       
   15. use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, ‘data mine’ or in any way reproduce or circumvent the content, navigational structure or presentation of Boon;
       
   16. use any automated means or interface not authorized by us to access Boon or otherwise interfere with or modify the rendering of Boon or its functionality;
       
   17. sell, resell, copy, rent, lease, loan, distribute Boon, in whole or in part, or charge any party for access to Boon, or share your Boon Account with or provide access to your Boon Account to a third party; 
       
   18. sell, buy, trade or otherwise transfer or offer to transfer your Boon Account, any personal access to Boon, or content associated with your Boon Account, whether within or outside of Boon;
       
   19. apply for refund maliciously or take advantage of rules of third-party platforms for unjust enrichment;
       
   20. partake in any behaviour that we may deem inappropriate and disruptive, or against the tone and nature of Boon;
       
   21. use abusive, offensive, inappropriate, sensitive or defamatory screen names and/or personas, whether created through Boon or through third party devices or Third Party Sites connected to Boon;
       
   22. act as an intermediary, aggregator, or service bureau yourself or on behalf of any third party;
       
   23. harm minors in any way or solicit or otherwise attempt to gain any information from a minor;
       
   24. impersonate any person or entity, including any Boon user, any celebrity, any Reach director, officer, employee, or shareholder, any of our representatives, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Reach, any product brand, or any other person or entity;
       
   25. promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits, bots or cheats and/or distribution of counterfeit software and/or products;
       
   26. forge headers or otherwise manipulate identifiers in order to disguise any Content’s origin;
       
   27. use Boon in a manner that may create a conflict of interest or undermine the purposes of Boon, such as creating an inaccurate or untruthful review;
       
   28. use Boon to build any service or product that may disadvantage or compete with us or assist another person in building a service or product that would disadvantage or compete with us;
       
   29. make improper, false or spurious reports to us;
       
   30. infringe other third parties’ rights, engage in acts that would possibly infringe other third parties’ rights, or promote, encourage or help others to infringe other third parties’ rights, including but not limited to intellectual property rights;
       
   31. use Boon for political, deceptive, harmful, prejudicial, discriminatory, illegal, violent, offensive, obscene, objectionable, racial, religious or otherwise inappropriate reasons;
       
   32. upload, post, link to, email, or otherwise transmit any Content that is not your own or with respect to which you do not have the right to upload, link to, email, or otherwise transmit it under applicable law or due to a contractual or fiduciary relationship;
       
   33. upload, post, link to, email, or otherwise transmit any Content that infringes, misappropriates, or violates any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary right of any party;
       
   34. upload, post, link to, email, or otherwise transmit through Boon any Content that is unlawful, harmful, hateful, threatening, violent, distressing, abusive, harassing, slanderous, tortious, defamatory, disparaging, discriminatory (such as without limitation, discriminating another based on race, gender, sexuality, religion, nationality, country, region, culture, sexual orientation, identity, political inclinations, disability or age), vulgar, obscene, offensive, unethical, libelous, profane, sexually explicit, pornographic, indecent, invasive of another’s privacy, hateful, is racially, ethnically, or otherwise objectionable, incites racial or religious tension, or is otherwise inappropriate (as determined by us in our sole discretion);
       
   35. upload, post, link to email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or other form of commercial solicitation;
       
   36. solicit, collect, or post, or attempt to solicit, collect, or post personal information of others or access or attempt to access the Boon Account of another user without their consent;
       
   37. troll or otherwise disrupt the normal flow of comments within Boon or otherwise act in a manner that negatively affects or otherwise disrupts or interferes with or diminishes the quality of another user’s experience of Boon;  
       
   38. solicit, collect, or post, or attempt to solicit, collect, or post, any material that would encourage or provide instructions for a criminal offense, dangerous activities, or self-harm;
       
   39. stalk, cyberstalk, or otherwise harass or bully another user;
       
   40. violate any applicable local, state, national, or international law, rule, or regulation or use Boon or any Content made available through Boon in connection with any fraudulent or illegal conduct, transaction, or business;
       
   41. take any action that you know is false, misleading, untruthful, or inaccurate;
       
   42. upload, post, link to, email, or otherwise transmit any Content that depicts, encourages, or facilitates child sexual abuse or exploitation;
       
   43. upload, post, link to, email, or otherwise transmit any Content that visually depicts a minor engaging in or simulating sexually explicit conduct or consists of computer-generated images that show, or are indistinguishable from images of, a minor engaging in or simulating such conduct; or
       
   44. use Boon for the facilitation of child exploitation or trafficking.

To the extent Boon’s functionality technically permits, you shall not post or communicate any person’s “real world” personal information whilst using Boon, particularly not in any chat rooms or forums. We reserve the right to access, monitor and/or record any online activities within Boon and by acceptance of these Terms you give us your express consent to access and record your activities.

We may revoke your privileges to use Boon or take any other appropriate measures to enforce these requirements if violations are brought to our attention. 

5. CONTENT
   “Content” means information (including biographical information), videos, music, audio clips, data, software, text, photographs, comments, feedback, reviews, questions, drawings, graphics, features, and other materials.
   
   1. Content Available on Boon.
      1. Users of Boon may upload, link to, transmit, or otherwise make Content available through Boon, in compliance with these Terms and the applicable laws and regulations (collectively, “User Content”).
         
      2. Permitted Use. You may copy and download Content made available on Boon, including User Content, for your personal, non-commercial use only. Except as expressly set forth in these Terms, you may not use any such Content for any other purpose, including in any public or commercial way, or modify, copy, distribute, republish, perform, display, create derivative works of, post, or transmit any such Content in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without our prior written consent and, where applicable, the prior written consent of our licensors. You may not remove or alter any copyright, watermarks or other proprietary notices contained in any Content made available through Boon. When Content is downloaded to your computer, you do not obtain any ownership interest in it. NOTWITHSTANDING THE FOREGOING, BOON DOES NOT LICENSE TO YOU ANY RIGHTS IN ANY SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT MAY BE MADE AVAILABLE THROUGH BOON.
         
   2. Your Content.
      1. You are solely responsible for all Content, including Personal Data, that you upload, post, link to, or otherwise transmit or make available through Boon (“Your Content”). Boon may allow you to link your Boon Account to certain third party platforms (including Third Party Platforms) and to link, upload, and transmit Content from such third party platforms to Boon and vice versa. If you do this, you must not only comply with these Terms, you must comply with the terms and conditions that apply to your use of those third party services (“Third Party Terms”). If you own the rights in a copy of a sound recording (such as a song you downloaded from iTunes), but do not own any other rights in that sound recording, including in the underlying musical works embodied in it, you may not include that sound recording in Your Content unless you have obtained all permissions, clearances, and authorizations from all persons who have rights or ownership interests in such sound recording and musical work.
         
      2. If you link Boon or Content made available on Boon to your account on a third party platform you must do so in a manner that: (i) complies with these Terms, the applicable Third Party Terms, and applicable laws; (ii) does not imply that you are associated with Boon or imply any approval or endorsement by us; and (iii) does not damage our reputation or take advantage of it. We reserve the right to withdraw permission to you to link to Boon or any Content made available through Boon at any time without notice.
         
      3. You represent and warrant that: (i) all of Your Content is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations, these Terms and any applicable Third Party Terms; (ii) you have obtained all rights, clearances, authorizations, and consents necessary to upload, post, link to, or otherwise transmit Your Content without infringement or violation of any third party rights, including any privacy rights, publicity rights, contract rights, or intellectual property rights; (iii) to the extent you do not exclusively hold all rights in Your Content, all parties who hold such rights, including moral rights, have completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licenses you are granting in these Terms; and (iv) our exercise of the rights in Your Content granted by you in these Terms to us will not result in any obligation to pay royalties to any third party, including any sound recording copyright owner (e.g., a record label), musical work copyright owner (e.g., a music publisher), music producer, performing rights organization (e.g., ASCAP, BMI, SESAC, etc.), a sound recording performing rights organization (e.g., SoundExchange), union, or guild.
         
   3. Content is Public.
      You acknowledge and agree that all Content made available through Boon is public and not private communication. We are not subject to any obligation of confidentiality with respect to Your Content except as set forth in the Privacy Policy or as required by applicable law. We reserve the right to access, read, preserve, and disclose any Content made available through Boon and disclose the Content provider’s identity as we reasonably believe necessary to: (a) satisfy any applicable law, regulation, legal process, or governmental request; (b) enforce these Terms, including investigating potential violations hereof; (c) detect, prevent, or otherwise address fraud, security, or technical issues; (d) respond to user support requests; or (e) protect the rights, property, or safety of Reach, any Content owner, any Boon user, or the public.
      
   4. Editing and Removal of Content.
      You acknowledge and agree that we are not obligated to use Your Content. We may use or choose not to use any User Content in our sole discretion and may alter, adapt, edit, delete, reject, refuse to post, and remove any Content from Boon or remove or block any link between Boon and any Third Party Site (defined below) at any time. We are not responsible for maintaining a copy of any Content we remove from Boon, and we are not liable for any loss you incur in the event that any of Your Content has been removed.
      
   5. Content Disclaimers.
      
      1. You acknowledge that all Content uploaded to, linked to, transmitted, or otherwise made available through Boon by any party, including you, is the sole responsibility of the party who provides it. You understand that by using Boon, you may be exposed to Content that you find offensive or objectionable and that we may not be able to confirm the identity of other users or prevent them from acting under false pretenses or in a manner that infringes the rights of any party. WE RESERVE THE RIGHT, BUT DO NOT HAVE ANY OBLIGATION TO, MONITOR, PRESCREEN, REMOVE, BLOCK, EDIT, OR MODIFY ANY CONTENT AT ANY TIME, WITHOUT NOTICE TO YOU AND FOR ANY REASON OR FOR NO REASON AT ALL.
         
      2. We are constantly updating Boon’s features, Content, and product and service offerings. Products or services may be mispriced, described inaccurately, or at times unavailable. Content, including User Content, made available through Boon may contain errors or inaccuracies and may not be complete or current. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR VALIDITY OF ANY CONTENT MADE AVAILABLE THROUGH BOON OR THAT ANY CONTENT MADE AVAILABLE THROUGH BOON IS UP-TO-DATE OR ERROR-FREE. CONTENT, INCLUDING PRICES AND AVAILABILITY OF PRODUCTS AND SERVICES, IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU RELY ON THE CONTENT PROVIDED THROUGH BOON SOLELY AT YOUR OWN RISK.
         
      3. Content made available through Boon, including information regarding product or service benefits and information relating to physical, social, mental, or emotional wellbeing, is for general informational purposes only and is not a substitute for medical advice or treatment for specific medical conditions. Reach is not a medical organization. None of the Content made available through Boon: (i)  should be considered medical advice or a diagnosis of any kind; (ii) is a substitute for physician consultation, evaluation, or treatment; (iii) has been evaluated by the Food and Drug Administration or any other similar body or organization; or (iv) is intended to diagnose, treat, cure, or prevent any disease or health condition. WE CANNOT AND DO NOT GIVE YOU MEDICAL ADVICE. YOU SHOULD SEEK PROMPT MEDICAL CARE FOR ANY SPECIFIC HEALTH ISSUES AND CONSULT YOUR PHYSICIAN BEFORE PURCHASING ANY PRODUCTS OR SERVICES THROUGH BOON OR FOLLOWING THE SUGGESTIONS SET FORTH IN ANY CONTENT. 
         
      4. Content made available through Boon may also include information, opinions, suggestions, comments and advice relating to various matters, including without limitation legal, medical, financial, investment, and relationship matters. Regardless of the identity of the individual posting the Content, the Content should not be relied on as a substitute for advice, or as a source of truth or factual information, or as a substitute for any form of mental health service. Furthermore, they should not form the basis for or be used to corroborate your judgment, decisions, or further actions or inactions. Ethics rules differ by state or location, and it is the responsibility of the individual posting the Content to determine and provide disclaimers appropriate for their profession and the Content provided. Reach expressly disclaims any liability to you in relation to and arising out of any judgment or decision you make based on the Content or subsequent related actions you take or refrain from taking. If the Content references any third parties or their products, brands or services, it does not signify that the third party endorses or is affiliated with Reach, and vice versa.
         
   6. Content contains Reviews and/or Endorsements
      
      1. When Your Content consists of an endorsement, review, or evaluation of Boon, a Seller (as defined below), a product, service, or third party (“Reviews and Endorsements”), you further represent and warrant that:
         
         1. unless you prominently disclose your affiliation and interest in such endorsed, reviewed, or evaluated company, Boon, Seller, product, service, or third party, you (i) are not an employee, contractor, agent, officer or director of the party, product, or service for which you are submitting an endorsement, review, evaluation or opinion (collectively “Vendor”), (ii) you are not a competitor of such Vendor that offers a competitive product or service (“Competitor”), and (iii) otherwise have no pecuniary interest in or material connection to such Vendor, Competitor or their product or service; 
            
         2. your review does not disclose any confidential information; 
            
         3. you are a bona fide user of the Vendor, product, or service referenced in your Reviews and Endorsements; 
            
         4. the opinions expressed in your Reviews and Endorsements are your individual honest opinions, findings, beliefs, and experiences with respect to the Vendor, product, or service; and 
            
         5. the statements made in the Reviews and Endorsements are not false or misleading in any aspect.
            
      2. The following additional terms apply to any User Content that includes Reviews and Endorsements:
         
         1. You may not post or submit group, team, multi-authored, or technology-authored Reviews and Endorsements;
            
         2. Your Reviews and Endorsements must provide honest and accurate views, opinions, findings, beliefs, and/or experiences, they must not contain any false, misleading, or unsubstantiated information about the Vendor, products, or services, or otherwise;
            
         3. You must clearly and conspicuously disclose any material connections you have with a Vendor or their product or service referenced in your User Content – a material connection is one that could influence the weight or credibility another person would give to your opinions, evaluations, reviews, ratings, messages, or comments, such as employment or independent contractor relationship, receipt of free or discounted products or services, an affiliate marketing relationship, receipt of payment or other consideration or material benefit from a Vendor;
            
         4. Submission of previously published opinions, evaluations, reviews, ratings, messages, or comments is prohibited; and
            
         5. Sellers providing users with an incentive to make Reviews and Endorsements available through Boon about Sellers or their products or services are responsible for (a) informing such users of their obligations under these Terms with respect to such Reviews and Endorsements, including without limitation their obligations in this sub-section 5.6, (b) monitoring and correcting such Reviews and Endorsements as needed, and (c) reporting non-compliant Reviews and Endorsements to [email].
            
      3. We are under no obligation to edit or control User Content that you or other users submit, upload, publish, broadcast, or otherwise transmit to or through Boon (collectively, “Post”) and will not be in any way responsible or liable for User Content. Reach may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, violates or may violate applicable law, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using Boon, you will be exposed to Content from a variety of sources and acknowledge that Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Reach with respect to such Content. If notified by a user or content owner that Your Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove Your Content, which we reserve the right to do at any time and without notice. For clarity, Reach does not permit the carrying out of infringing activities on Boon. 
         
      4. Reach does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of Boon by its users. You acknowledge and agree that Reach reserves the right to, and may from time to time, monitor any and all information transmitted or received through Boon for operational and other purposes. If at any time Reach chooses to monitor the content, then Reach still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Reach may block, filter, mute, remove or disable access to any Content uploaded to or transmitted to or through Boon without any liability to the user who Posted such Content to or through Boon or to any other users of Boon.
         
      5. When your User Content contains express or implied statements about the ability to earn income (“Earnings Claims”), you further represent and warrant:
         
         1. Any Earnings Claims are not false, deceptive, or misleading in any respect, including by implying atypical results are typical;
            
         2. Any Earnings Claims can be substantiated, that is, you must have a reasonable basis for the statements;
            
         3. Any Earnings Claims reflecting gross income also account for material expenses incurred in generating that income;
            
         4. Any Earning Claims contained in testimonials are accurate, and either representative of generally expected results, or else accompanied by a clear and conspicuous disclosure of (1) relevant context, such as time and effort expended, and (2) typical and ordinary earnings.
            
   7. Sponsorships
      
      1. Boon may offer a feature facilitating commercial arrangements in which a user (“Seller”) can agree to pay a participating user (a “Participant”) in exchange for the Participant sharing or promoting the Seller’s content (for example, sharing video clips or other promotional activities), and the Seller can additionally set a custom reward rate (“Rate”), a maximum payout (“Maximum Payout”) for the offer, an end date (“End Date”) for the offer, as well as any accompanying content requirements and guidelines (all taken together, the “Offer”). Participants may apply to participate in an Offer by preparing the proposed content as outlined in the Offer and submitting the deliverables (the “Deliverables”) to Reach and/or the Seller (as may be applicable) via Boon for approval. If the submitted Deliverable is approved, Participant may receive compensation based on the terms as agreed with the Seller. Duplicate Deliverables are prohibited, and each Deliverable must be unique. For the avoidance of doubt, where a Maximum Payout or an End Date is set for the Offer, Participant will not receive compensation for views generated after the Maximum Payout is met or the End Date is reached (as applicable, and whichever occurs first).
         
      2. Sellers may approve or reject Participant submissions; provided, however, that Sellers may reject the submission ONLY if (i) the Participant does not follow the criteria set forth in the Offer, (ii) the Participant does not follow these Terms, (iii) there is a reasonable suspicion of fraud, and/or (iv) the Maximum Payout is met or the End Date is reached, whichever occurs first. 
         
      3. Seller is responsible for reviewing its Participant submissions and monitoring their Deliverables (as defined below) for compliance with the criteria set forth in the Offer, these Terms, and the law. If Seller determines that a Participant submission or Deliverable does not meet the criteria set forth in Seller’s Offer, does not follow these Terms, does not comply with the law, and/or if there is a reasonable suspicion of fraud, and/or if Seller’s Maximum Payout is met or the End Date is reached, whichever occurs first, then Seller must reject the submission and instruct Participant to remove the post from the applicable platform (where applicable).
         
      4. If Seller does not approve or reject a Participant submission within a reasonable time frame as designated by Reach in its sole discretion, Reach may approve or reject the submission, including without limitation by automated means, in Reach’s sole discretion. Reach may also reject a submission or Deliverable at any time if the Participant does not follow these Terms or there is a suspicion of fraud, including without limitation by automated means. For the avoidance of doubt, Reach’s approval of a Deliverable does not signify Reach’s endorsement of the content contained therein, nor does it signify Reach’s agreement that such Deliverable complies with the criteria set forth in the Offer, these Terms, and the law. As between Reach and Seller, Seller remains solely responsible for Participant’s compliance with the criteria set forth in the Offer, these Terms, and the law. 
         
      5. The rewards for approved Deliverables will be transferred to Participant’s Boon account in the form of Quest Points in accordance with the terms of the Offer and these Terms. Transfers may occur in such increments and at such times as Reach designates in its sole discretion. Reach reserves the right to charge fees for the Seller’s use of the Boon feature under this sub-section 5.7, and if applicable, to deduct from the Seller’s Boon account such fees payable to Boon.
         
      6. If Reach blocks, removes, or otherwise terminates an Offer from Boon, the Offer will be deemed terminated and, unless the Offer’s End Date has already passed, the date of such termination will immediately become the End Date.
         
      7. If Seller or Reach terminates the Offer or terminates and/or suspends Participant’s participation in the Offer or Participant’s access to this feature, Participant must immediately cease posting the Seller Content (as defined below) and Deliverables. Participant agrees to remove or revise any Seller Content, Deliverables, posts or other content created under this Boon feature as soon as possible upon request at any time by the Seller or Reach, including after any termination and/or expiry of these Terms for any reason.
         
      8. Participant is solely responsible for monitoring the Offer, including the status for any Offers. If Participant posts or submits Deliverables after the Maximum Payout has been met or after the End Date is reached, the Deliverables will be rejected. 
         
      9. All content made available by Seller for purposes of the Offer (“Seller Content”), requests for services, and compensation between a Seller and a Participant must be provided through Boon. If Seller or Participant is found to have provided or received compensation related to the Boon feature mentioned under this sub-section 5.7 outside of Boon, Reach may, in its sole discretion, suspend or terminate Seller’s and/or Participant’s Boon Account and/or participation in this Boon feature. In addition, if either Seller or Participant are found by Reach, in its sole discretion, to be misusing this Boon feature, Reach may, in its sole discretion, suspend or terminate Seller’s and/or Participant’s Boon Account and/or participation in this feature. Offers that do not comply with these Terms may be blocked, removed, and/or terminated by Boon at any time, without liability to Seller, Participants, or third parties.
         
      10. Seller and Participant agree that any information and materials they make available to Boon or to each other in connection with this Boon feature, including without limitation any Seller Content, details of the Offer and Deliverables, is considered non-confidential, and Seller and Participant each represent and warrant that they will not make information and materials that they consider confidential, proprietary, or personal available to Boon or to each other in connection with this Boon feature.
          
      11. For Participants:
          
          1. Participant acknowledges and agrees that the Deliverables and any content you produce, develop, create, or furnish, including without limitation videos, photographs, text and/or all works of similar nature, any ideas, concepts, feedback or other work product created or provided by Participant in connection with these Terms and the Boon feature under this sub-section 5.7, and any and all intellectual property rights thereto, including trademarks, trade secrets, trade dress, design, mask work, copyrights, and patent rights (the “Works”) shall be “User Content” and subject to all terms associated with User Content including, without limitation, licenses, affirmations, representations and warranties, and terms regarding Reviews and Endorsements. All of Participant’s User Content is licensed to Reach in accordance with these Terms of Use. Participant acknowledges that Reach may, in turn, license the Works and Deliverables to the Seller, without Participant’s further consent.
             
          2. Without limiting the foregoing, Participant grants to Reach and Seller the worldwide, royalty-free, sublicensable, irrevocable, perpetual right and license to use, publish, reproduce, transmit, license, exhibit, perform, broadcast, telecast, display, edit, disseminate and distribute, the Works and Deliverables, in any and all media now known or hereafter devised.
             
          3. Participant further grants to Reach and Seller the irrevocable right and permission to reproduce, publish, distribute, display, broadcast, exhibit, and/or in any other way use Participant’s image, likeness, signature, voice, photograph, name (including nicknames), social media handles, user profiles pictures, actual and/or paraphrased statements, biographical information and/or any other information or attribute identifying and/or otherwise associated with Participant included with the Seller Content, the Deliverables, the Works, or otherwise furnished by Participant to Boon or Seller, including by posting on third party websites, social media platforms and other media in connection with the Content, the Deliverables, the Works, or the Boon feature described under this sub-section 5.7 (collectively, “Likeness”), in whole or in part, distorted, altered, modified and/or adapted in character and/or in form, alone and/or accompanied by other material, in any manner and without restriction of any kind, worldwide, in perpetuity and royalty-free, for any purpose whatsoever, including without limitation for the purpose of advertising, publicity, promotion, and/or other marketing for Boon, Seller, and/or the Work, in all media now known or hereafter developed (including without limitation in social media), without Participant’s further consent, the entirety of such grant shall be sublicensable and shall include the right to assign or sublicense such grant to licensees, successors, and assigns. The price for the total, exclusive and unlimited worldwide assignment of the Likeness is included in the Rate.
             
          4. Participant hereby waives the protections of 17 U.S.C. Section 106A, and any droit morale or similar laws of any jurisdiction which may be applicable with respect to use of the Deliverables or Works, and further agrees that to the extent Participant retains any moral rights under applicable law, Participant will ratify and consent to any action that Boon, Seller, or their respective designees, licensees, successors and assigns may take with respect to such moral rights, and Participant will not assert any moral rights with respect thereto. All rights granted to Boon and Seller hereunder vest immediately without reservation, limitation or condition and remain vested whether these Terms of Use expire or is terminated for any reason.
             
          5. Participant agrees that Participant shall not have any claim to compensation or benefits (other than as specifically set forth herein) or any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of or related to any use (in accordance with the terms hereof), alteration, burring, distortion or use in composite form of Participant’s Likeness, provided that the materials at issue have been used in accordance with these Terms.
             
          6. Participant represents and warrants that Works and Deliverables do not contain any private information, including any personally identifiable information, of any third party.
             
      12. For Sellers:
          
          1. Seller acknowledges and agrees that the Seller Content and any other content or materials provided by or required by Seller for use in Deliverables shall be “User Content” and subject to all terms associated with User Content in these Terms including, without limitation, licenses, affirmations, representations and warranties, and terms regarding Reviews and Endorsements. All User Content is licensed to Reach in accordance with these Terms of Use. Seller acknowledges that Reach may, in turn, license the Seller Content to the Participant, without Seller’s consent. 
             
          2. Participant has licensed all their right, and interest in and to the Deliverables to Reach and Seller; which right and license Reach hereby sublicenses to Seller. Seller acknowledges and agrees that, as between Seller, Participant, and Reach, Participant shall own all rights throughout the universe and in any and all languages, in and to the content that Participant produces, develops, creates, or furnishes including without limitation videos, photographs, text and/or all works of similar nature, any ideas, concepts, feedback or other work product using their personal accounts on social media applications and/or their personal blogs or other media in connection with the Deliverables, excluding the Seller Content and Seller IP (as defined below), and excluding any Reach-owned intellectual property or other Reach-owned rights or property. 
             
          3. Participant has also granted to Reach the right and permission (and the right to grant Seller the right and permission) to reproduce, publish, distribute, display, broadcast, exhibit, and/or in any other way use Participant’s Likeness, in whole or in part, distorted, altered, modified and/or adapted in character and/or in form, alone and/or accompanied by other material, in any manner and without restriction of any kind, worldwide, in perpetuity and royalty-free, for any purpose whatsoever, including without limitation for the purpose of advertising, publicity, promotion, and/or other marketing for Seller and/or the Deliverables, in all media now known or hereafter developed (including without limitation in social media), without Participant’s further consent; which right and permission Reach hereby subgrants to Seller solely for the purpose of advertising, publicity, promotion, and/or other marketing for Seller and/or the Deliverables and solely as such Likeness is embodied in the Seller Content, the Deliverables, and/or the Works.
             
      13. For Sellers to Participants: Seller grants to Participant, if and only as necessary to complete the Deliverables, a non-exclusive, limited, revocable, worldwide license to use any Seller trademarks, service marks, trade names, copyrights or social media handles provided by Seller within the Seller Content and/or approved by Seller in the Deliverables (collectively, “Seller IP”) solely in connection with the Deliverables as permitted in these Terms. 
          
      14. With respect to any rights assigned, licensed, granted, subgranted, or otherwise conveyed under this sub-section 5.7, Reach makes no representation or warranty of any kind or nature whatsoever, oral or written, express or implied (including any relating to any ownership, title, merchantability, non-infringement, fitness for a particular purpose, or otherwise) and hereby disclaims any such other representations or warranties. THE SELLER CONTENT, SELLER IP, WORKS, AND DELIVERABLES ARE LICENSED AND THE RIGHT TO USE THE PARTICIPANT’S LIKENESS IS SUBGRANTED “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. REACH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DELIVERABLES, WORKS, AND THE LIKENESS, INCLUDING, OWNERSHIP, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
          
   8. FTC Rules and Guidelines.
      
      1. The Federal Trade Commission (“FTC”) requires the disclosure of certain material connections when a party promotes or publicly displays or distributes content about or featuring another party or its products and services. The FTC has published the “Guides Concerning the Use of Endorsements and Testimonials” at https://www.federalregister.gov/documents/2023/07/26/2023-14795/guides-concerning-the-use-of-endorsements-and-testimonials-in-advertising, and other references regarding compliance with its regulations, such as “Disclosures 101 for Social Medial Influencers” available at https://www.ftc.gov/tips-advice/business-center/guidance/disclosures-101-social-media-influencers and “The FTC’s Endorsement Guides: What People Are Asking” available at  https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking (collectively, including as they may be updated or amended from time to time, the “Guides”).
         
      2. Seller and Participant must comply with the Guides, the guidance provided in other FTC reference materials, and all other applicable laws and regulations in all posts or other communications made on behalf of Seller in connection with the Deliverables or the Boon feature under sub-section 5.7 of these Terms of Use. Seller must ensure that Participant clearly and conspicuously discloses their relationship with Seller in close proximity to any Deliverables, for example, by using the hashtag “#Sponsored” or #[SellerName] Ad.” Such disclosure is required regardless of any space limitations, and any such disclosure must appear before a user is required to click “more” and should not be buried in text or in multiple hashtags or placed where it can easily be overlooked.
         
      3. Any statements the Participant makes about Seller, or its products and services must reflect Participant’s honest and truthful opinions and actual experiences with Seller or the referenced product or service. Participant may not make any false, misleading, or deceptive statements. Participant may also not make any product performance or attribute claims about Seller or its products or services except for claims approved by the Seller or that Seller has provided to Participant in connection with the Seller Content or the Boon feature under sub-section 5.7 of these Terms of Use.   
         
      4. Seller is solely responsible for providing Participant with any Seller brand, marketing, or other guidelines (“Seller Guidelines”).  Participant must comply with and adhere to Seller Guidelines provided the Seller Guidelines do not conflict with these Terms. In the event of any conflict between Seller Guidelines and these Terms, these Terms shall govern.
         
      5. As between Reach and Seller, Seller is solely responsible for Participant’s compliance with the Guides, the guidance provided in other FTC reference materials, the requirements in these Terms of Use, and all other applicable laws and regulations in all posts or other communications made on behalf of Seller in connection with the Boon feature mentioned under sub-section 5.7 of these Terms of Use.
         
   9. Others.
      
      1. You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of Boon, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions and usage data. Except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever.
         
6. LICENSES TO YOUR CONTENT
   Except as set forth in Section 6.2 and Section 6.3 of these Terms of Use, this Section 6 does not apply to your Personal Data. Use of Personal Data is governed by Section 2 “Privacy”.
   
   1. You hereby grant Reach and its affiliates, licensees, successors, and assigns an irrevocable, fully paid-up, royalty-free, perpetual, transferable, sublicensable, nonexclusive, worldwide license to use, reproduce, publish, distribute, adapt, create derivative works from, modify, edit, publish, publicly perform, and display Your Content (in whole or in part), whether alone or incorporated in or with other Content, in any and all media now known or hereafter devised, for any purpose, including promotional, marketing, advertising, trade, non-commercial, and commercial purposes, without compensation or credit to you or further permission from you. Without limitation of the foregoing, we will be free to use any ideas, concepts, or know-how contained within Your Content in any manner, including in connection with developing, modifying, and marketing our products and services. You hereby authorize Reach to execute any document or take any action Reach may consider appropriate in order to confirm the rights granted by you to Reach in these Terms.
      
   2. You hereby grant Reach and its affiliates, licensees, successors, and assigns the right to use your name, voice, likeness (including photographs and video), and other Personal Data, to the extent that such information is contained in Your Content, solely in connection with our use of Your Content and subject to compliance with the Privacy Policy, without compensation or credit to you or further permission from you.
      
   3. You hereby permit all Boon users to access, display, view, share and comment on Your Content for their personal use. Without limiting any other rights provided by you to Boon in any of these Terms, you hereby permit Reach to provide your Content to third parties (e.g., beauty brands) for third parties to display and share your Content on their accounts on Third Party Platforms while tagging Boon and you, as the creator of that Content.
      
   4. You hereby grant to us the right to pursue before any appropriate forum any party that violates Reach’s or your rights under applicable law in Your Content.
      
   5. If, under applicable law, it is determined that you retain moral rights in any of Your Content, you hereby agree that: (a) you will not require that you be credited in connection with the use of Your Content; (b) you will not oppose the publication, use, modification, or deletion of Your Content in accordance with these Terms; and (c) to the extent permissible under applicable law, you waive and will not claim or assert any entitlement to any moral rights in any of Your Content.
      
   6. Except as set forth in these Terms, as between you and us, you retain any and all ownership rights that may exist in Your Content.
      
7. QUEST POINTS
   You can complete certain actions as communicated within Boon to earn in-app points (“Quest Points”). These Quest Points can be used to redeem certain rewards as made available by us from time to time in our sole discretion. We retain the right to revoke your earning privileges in the event of any violations of our Terms.
   
   You acknowledge that you are responsible for paying all applicable federal and state taxes with respect to the rewards and compensation you receive in connection with your usage of Boon. Accordingly, all such rewards and compensation shall be without deductions or withholdings of any kind.
   
8. PURCHASES
   
   1. We may also make available a marketplace to purchase products through Boon. In the event we make this available, if you wish to purchase a product or service through Boon, you may be asked to supply certain information relevant to such purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products and services set forth in the applicable order, along with all shipping and handling charges and applicable taxes. We accept payment via the methods offered during the checkout process. We may also add or remove payment methods and change credit or payment terms with respect to you or in general at any time at our sole discretion. You represent and warrant that you have the legal right to use the payment method you provide to us and, by providing information regarding your payment method to us, you hereby authorize us to store and use that payment method for purchases made through your Boon Account.
      
   2. After you place an order, you will receive an order confirmation. You will be charged for your order when your order is confirmed. Payment must be authorized by the applicable payment service provider prior to acceptance of each order. You acknowledge and agree that confirmation of receipt of your order does not mean that your order has been accepted. We reserve the right to refuse or cancel your order at any time for any reason, including product or service availability, errors in the description or price of the product or service, or errors in your order, and may also limit the quantity of items purchased per order, per address, or per person for any reason. Acceptance of orders is expressly conditioned on your agreement to, and compliance with, these Terms.
      
   3. Products will be shipped to the address that you designate, so long as that address is complete and complies with our applicable policies. You understand that product availability may be limited, particular products may not be available for immediate delivery, and estimated delivery times are only estimates. We will not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Title to and risk of loss with respect to each product passes from us to you upon shipment. 
      
   4. We may make available through Boon certain products and/or services that originate from, are offered by, or are made available by Reach’s affiliates, subsidiaries, partners or other third parties (including Sellers) from time to time. You acknowledge and agree that the purchase or transaction of these products and/or services is subject to the terms of service for the respective products or services, which you separately agree to and accept when using or accessing such products, apps, websites or services and, therefore, that Reach is not responsible for and shall not be liable in the case of any failure or error relating to the purchase or transaction of these products or services. Please contact the relevant provider if you have any questions or encounter any issue in relation to the purchase or transaction of these products or services.
      
   5. You may be directly connected to and use the product and/or services available in the out of platform application(s) provided by certain of Reach’s affiliates, subsidiaries, partners or other third parties (including Sellers) (“Out of Platform Application”). In the event that you use the Out of Platform Application, the use of such product and/or services shall be subject to the respective terms of service provided by such affiliate, subsidiary, partner or other third party.
      
   6. Your Boon Account may be used to sign into, use or access the products, apps, websites and services provided by Reach, as well as those provided by certain of Reach’s affiliates, subsidiaries, partners or other third parties (including Sellers). Such products, websites and services shall be bound by the respective affiliate’s, subsidiary’s, partner’s or third party’s terms and conditions and privacy policies, which you agree to and accept when using or accessing such products, apps, websites or services.
      
   7. You agree that Reach may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate or suspend your Boon Account, remove or discard from Boon any Content associated with your Boon Account, withdraw any rewards or Quest Points offered to / earned by you, cancel or suspend any transactions associated with your Boon Account, temporarily or in more serious cases permanently withhold any sale proceeds or refunds or purchases, and/or take any other actions that Reach deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on Boon for the purpose of commercial re-sale, (f) abnormal or excessive purchasing of products from the same seller or related group of sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value, and/or abnormal or excessive use of vouchers on Boon, (h) failure to make timely payment of any outstanding amount including overdue amounts on bank loans (or other obligation) owed to Reach or any of its affiliates (subject to applicable law), or (i) behaviour that is harmful to other users, third parties, or the business interests of Reach. Use of a Boon Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Boon Account or your use of Boon for any reason, Reach may terminate your Boon Account immediately with or without notice.
      
   8. Notwithstanding the termination of your Boon Account for any reason, you remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product or service, or the like, and you must contact Reach after you have promptly and effectively carried out and completed all incomplete transactions according to the Terms. Reach shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. You waive any and all claims based on any such action taken by Reach.
      
9. DASHBOARD
   Reach may, at our sole discretion, provide you with a dashboard summary of your activity on Boon, which may include without limitation, the total number of Quest Points earned by you, tasks which you have completed, your invitation history, campaign activity and video performance. You agree and understand that Reach does not guarantee or confirm that the dashboard content is or will be accurate. In particular, where such content pertains to Quest Points or other rewards, you understand that the content displayed is in no way a guarantee or confirmation by Reach that you will actually receive any rewards or such amount of rewards through Boon. THE DASHBOARD SUMMARY IS FOR INFORMATION PURPOSES ONLY AND WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF SUCH INFORMATION.
   
10. TEXT MESSAGING
    
    VERIFICATION TEXT MESSAGING
    Users providing their phone number during registration agree to receive a one-time verification code via text message for registration or log in. Users providing their phone number also agree to receive transaction updates via text message. Reply STOP to cancel, and reply HELP for support about this messaging program. Standard message and data rates may apply. The carriers are not liable for undelivered messages. For help, please email [•].
    
    TRANSACTION TEXT MESSAGING
    Boon may, from time to time, offer users mobile alerts about online orders by SMS message, including text messages that may be sent using an automatic telephone dialing system (the “Service”).
    
    ACCOUNT ALERTS
    Boon may also, from time to time, offer users mobile alerts about updates to their account by SMS. Messages may include notifications of Quest Point balances, status of invites, and social updates.
    
    By participating in the Service and opting in, you are agreeing to the terms and conditions in this Section and to the broader Boon online Terms of Use and Privacy Policy. Message frequency varies by orders. Carriers are not liable for delayed or undelivered messages.
    
    You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just text “HELP” to the short code and we will assist you in signing up again.
    
    If you are experiencing issues with the messaging program, you can reply with keyword “HELP” for more assistance, or you can get help directly at [•email].
    
    As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
    
    If you have any questions regarding privacy, please read our Privacy Policy.
    
11. CARRIER FEES
    Your standard messaging, airtime, and data rates will apply to your use of Boon. You are responsible for any fees and penalties charged by any telecommunications provider or any other third party in connection with your use of Boon. If your mobile device is off, out of range, or subject to a variety of other conditions, you may not be able to use Boon and communications (such as notifications) through Boon may be delayed. Cellular and other wireless transmission services and networks are inherently insecure and subject to service disruptions, weak or dropped signals, and other failures over which Reach has no control. REACH ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY DELAYS OR FAILURE TO SEND OR RECEIVE COMMUNICATIONS THROUGH BOON OR TEXT MESSAGES OR FOR ANY SECURITY BREACHES RELATED TO ANY OF THE FOREGOING. 
    
12. LINKS TO THIRD PARTY SITES, CONTENT, ADVERTISEMENTS, AND PROMOTIONS
    
    1. Boon may contain links, interfaces, and referrals to third party web sites or services, including Third Party Platforms (collectively, “Third Party Sites”) that are not owned or controlled by Reach. When you access Third Party Sites, you do so at your own risk. We have no control over and assume no responsibility for the content, functions, accuracy, legality, practices, or any other aspect of any Third Party Sites. The inclusion of a link or reference to any Third Party Content does not imply our endorsement of or any association between us and that Third Party Site. We strongly advise you to read the terms and conditions and privacy policies of any Third Party Sites you visit before using them. By accessing or using Third Party Sites, you consent to the exchange of information and data regarding you between Reach and the service provider of that Third Party Site. Once this information is shared with the service provider of that Third Party Site, its use will be governed by that service provider’s terms of use and privacy policy (and not by these Terms).
       
    2. You acknowledge and agree that we make no representation or warranty about the safety of any Third Party Site and we are not responsible for your use of or reliance on any Third Party Site, including any content, goods, or services available on or through any Third Party Site, or for any personal injury, death, property damage, or other harm or losses arising from or relating to your use thereof. YOU EXPRESSLY RELIEVE REACH FROM ANY AND ALL LOSS, DAMAGES, OR OTHER LIABILITIES YOU INCUR AS A RESULT OF YOUR ACCESS TO OR USE OF ANY THIRD PARTY SITE.
       
    3. Additionally, Boon may contain links to third party web sites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users of Boon (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
       
    4. Boon may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with and/or in conjunction with the display of any Content or information on Boon, including Your Content.
       
    5. If you choose to use Boon to conduct a promotion, including a contest or sweepstakes (“Promotion”), you alone are responsible for conducting the Promotion in compliance with all applicable laws and regulations, including creating official rules, offer terms, eligibility requirements, and compliance with applicable laws, rules, and regulations which govern the Promotion (such as licenses, registrations, bonds, and regulatory approval). Your Promotion must state that the Promotion is not sponsored by, endorsed by, or associated with Boon, and the rules for your Promotion must require each entrant or participant to release Boon from any liability related to the Promotion. You acknowledge and agree that we will not assist you in any way with your Promotion, and you agree to conduct your Promotion at your own risk.
       
13. CHANGES TO TERMS OR SERVICES
    
    1. We may, in our sole discretion, change, modify, or replace these Terms at any time. We may in our sole discretion use commercially reasonable efforts to notify you of any material changes, such as by posting a notice on Boon, but it is your responsibility to review these Terms periodically for changes. Unless otherwise indicated, all such changes will become effective immediately. Your continued use of Boon following the effective date of any updated Terms will constitute your acceptance of such updated Terms and those updated Terms will apply to your use of Boon going forward. Your use of Boon is subject to the Terms in effect at the time of your use.
       
    2. Boon, including all features and Content made available through Boon, may be modified, suspended, or discontinued in our sole discretion at any time and without prior notice. Changes we make to Boon may require you to update your Boon Account information or the devices or systems through which you access Boon in order to continue using Boon. We will not have any liability or obligation to you with regard to any modifications or changes we make to Boon. Based on your mobile device settings, when your mobile device is connected to the Internet either: (a) Boon will automatically download and install all available updates; or (b) you may receive notice of or be prompted to download and install available updates.
       
    3. You will promptly download and install all updates and acknowledge and agree that Boon or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of Boon and be subject to these Terms.
       
14. TERMINATION AND SUSPENSION
    We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your Boon Account or your use of Boon at any time, for any reason or for no reason at all, including if you provide any information that is untrue, inaccurate, or incomplete or for your breach of these Terms. You are personally liable for any orders that you place or charges that you incur prior to termination. If you decide to delete your Boon Account, upon its deletion, you will not be able to reactivate your Boon Account or retrieve any of Your Content. Upon any termination of these Terms by either you or us, (a) all rights granted to you under these Terms will also terminate; (b) termination will not limit any of our rights and licenses and (c) the following sections will survive: “Governing Law and Dispute Resolution”, “Privacy”, “Content” (excluding Section 5.1 of these Terms of Use), “Licenses to Your Content”, “Purchases”, “Links to Third Party Sites, Content, Advertisements, and Promotions”, “Intellectual Property”, “Disclaimer of Warranties”, “Indemnification”, “Limitation of Liability”, “Notices and Questions”, and “Miscellaneous”, together with all other provisions that by their plain meaning are intended to survive.
    
15. INTELLECTUAL PROPERTY
    As between you and Reach, except with respect to Your Content, Reach owns all right, title, and interest in Boon, all Content, all trademarks displayed on Boon or in any Content, and all portions of all of the foregoing, including all intellectual property rights therein. Our commercial partners, suppliers, advertisers, sponsors, licensors, and other third parties may also have proprietary rights in the foregoing. Boon and Content made available on Boon is protected by copyright, trademark, and other laws of both the United States and foreign countries and, except as expressly set forth in these Terms, may not be used without the permission of the applicable owner. Except as expressly set forth in these Terms, Reach and its commercial partners, suppliers, advertisers, sponsors, licensors, and other third parties reserve all rights in Boon and all Content and trademarks appearing on or made available through Boon.
    
16. DISCLAIMER OF WARRANTIES
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF BOON IS AT YOUR SOLE RISK AND THAT, OTHER THAN AS EXPRESSLY SET FORTH HEREIN, BOON AND ALL CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH BOON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REACH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING:  (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) THAT BOON WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY CONTENT PROVIDED THROUGH BOON. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REACH OR THOUGH BOON WILL CREATE ANY WARRANTY. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER BOON AND THE CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH BOON ARE SUITABLE AND ADEQUATE FOR YOUR NEEDS. REACH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH BOON OR ANY THIRD PARTY SITE.
    
17. INDEMNIFICATION
    You hereby indemnify and hold harmless Reach and its affiliates, suppliers, business partners, and licensors, and its and their respective directors, officers, employees, contractors, and representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) (collectively, “Losses”), arising from or related to: (a) your use or misuse of Boon or any Content made available through Boon or (b) your breach of these Terms. You will cooperate fully as reasonably required in the defense of any such claim.
    
18. LIMITATION OF LIABILITY
    YOU UNDERSTAND AND AGREE THAT, EXCEPT AS EXPRESSLY SET FORTH OTHERWISE HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL REACH OR ITS AFFILIATES, SUPPLIERS, BUSINESS PARTNERS, OR LICENSORS, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR REPRESENTATIVES BE LIABLE UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR LOSS OF PROFIT, ARISING OUT OF: (A) THE USE OR THE INABILITY TO USE BOON OR ANY CONTENT MADE AVAILABLE THROUGH BOON; (B) ANY TRANSACTION CONDUCTED THROUGH BOON; (C) ANY PRODUCT OR SERVICE SOLD THROUGH BOON; (D) ANY FAILURE OF PERFORMANCE OF BOON; (E) ANY ERROR OR OMISSION IN ANY CONTENT MADE AVAILABLE THROUGH BOON OR ANY THEFT OR UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA, INCLUDING ANY PERSONAL DATA; (F) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON BOON; OR (G) ANY CONDUCT OF OTHER BOON USERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, REACH’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD 100). 
    
    ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF BOON (SUCH AS, WITH A COPYRIGHT OWNER, ANOTHER BOON USER, OR ANY CARRIER) IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY AND YOU IRREVOCABLY RELEASE REACH AND ITS AFFILIATES, SUPPLIERS, BUSINESS PARTNERS, AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES FROM ANY AND ALL LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
    
    BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SOME OF THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, REACH’S LIABILITY IS LIMITED TO, AND THE SCOPE AND DURATION OF THE WARRANTIES SET FORTH IN THESE TERMS WILL BE, THE MINIMUM PERMITTED BY APPLICABLE LAW.
    
    THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW. Any provisions concerning the exclusion or limitation of certain damages in these Terms are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.
    
19. APP STORES
    You acknowledge and agree that Boon’s availability is dependent on the Third Party Site from which you download it (e.g., the Apple App Store or Google Play) (each, an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading Boon from such store. You agree to comply with, and your license to use Boon is conditioned upon your compliance with the applicable App Store’s terms and conditions. To the extent the terms and conditions of such App Store are less restrictive than, or otherwise conflict with, these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
    
20. APPLE, INC DEVICE AND SERVICE TERMS
    If you are accessing Boon on a mobile device running an Apple operating system or otherwise obtained access to Boon through the Apple App Store, the following terms also apply to you: (a) you acknowledge that these Terms is between you and Boon only, and are not with Apple; (b) Apple has no responsibility for Boon and its Content; (c) you will use Boon in compliance with the Usage Rules set forth in the App Store Terms of Service; (d) notwithstanding anything to the contrary herein, Boon may be accessed and used by other accounts associated with you via “Family Sharing” or volume purchasing; (e) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Boon; (f) if you have paid a fee for Boon, (i) in the event of any failure of Boon to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Boon to you, (ii) to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Boon, and (iii) Apple has no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to Boon’s failure to conform to any warranty; (g) Apple has no responsibility to address any claims of you or any third party relating to Boon or your possession and/or use of Boon, including (i) product liability claims, (ii) any claim that Boon fails to conform to any applicable legal or regulatory requirement or (iii) claims arising under consumer protection, privacy, or similar legislation; (h) in the event of any third party claim that Boon or your possession and use of Boon infringes that third party’s intellectual property rights, Apple has no responsibility to investigate, defend, settle, or discharge any such intellectual property infringement claim; (i) you must comply with applicable third party terms of agreement when using Boon; and (j) Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
    
21. NO USERS OUTSIDE OF UNITED STATES AND CANADA
    Boon is controlled, operated, and administered by Reach from its offices within the United States of America and provided for access and use only by persons located in the United States of America, and Canada. Reach makes no representation that Boon or any Content made available through Boon is appropriate or available for use and access to Boon from territories where such access or any Content, product, or service made available through Boon is illegal is prohibited. If you access Boon, you are responsible for compliance with all applicable local laws.
    
22. NOTICES AND QUESTIONS
    
    1. Except as explicitly stated otherwise in these Terms: (a) any notices provided by us may be made by posting the notice on Boon or by email to the most recent email address associated with your Boon Account and (b) all notices under these Terms must be in writing and will be deemed to have been duly given: (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by e-mail; or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. You hereby agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
       
    2. If you have questions regarding these Terms, your order for a product or service, or Boon, you may contact us via email to [•email].
       
       You may also contact us at: [Boon Customer Service]
       
       Email Address: [•email]
       Mailing Address: [•Address]
       
    3. When you install our Boon app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page. 
       
    4. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
       
23. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS – DMCA NOTICE
    
    1. It is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. In addition, we have adopted a repeat infringer policy, pursuant to which we will terminate, in appropriate circumstances, the account of a user as to whom we receive compliant DMCA notices, and no counter notices, as to multiple different pieces of content within a designated period.
       
    2. If you are a copyright owner or agent thereof and believe that content posted on Boon infringes your copyright, please submit a notice which includes the following information to the address set forth below:
       
       1. identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
          
       2. identify the content that is claimed to infringe upon the copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on Boon. You should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
          
       3. provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and, if available, email;
          
       4. if available, provide information sufficient to permit us to notify the alleged infringer;
          
       5. include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
          
       6. include the following statement: “I affirm, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
          
       7. include the electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner.
          
          Send your notice with the foregoing information to:
          Boon DMCA
          REACH LABS INC.
          
          [•Address]
          Phone: [•]
          Email: [•]
          
24. MISCELLANEOUS
    
    1. California Consumer Rights Notices
       
       1. Under California Civil Code Section 1789.3, California users of Boon receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.
          
       2. Boon users who are California residents and are under 18 years of age may request and obtain removal of their User Content by contacting us at: [•email]. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the User Content requested to be removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.
          
    2. Severability, Non-waiver, Entire Agreement.
       If any provision of these Terms is found to be illegal, unenforceable, or invalid, that provision will be replaced by a valid, legal, and enforceable provision that comes closest to the parties’ intent underlying the invalid, illegal, or unenforceable provision. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. For purposes of these Terms:  (a)  the words “include,” “includes”, and “including” will be deemed to be followed by the words “without limitation”; (b)  the words “such as”, “for example”, “e.g.”, and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list; (c) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any”, and “either” are not exclusive; (d) the words “herein,” “hereof,” “hereby,” “hereto”, and “hereunder” refer to these Terms as a whole; and (e)  the singular includes the plural and the plural includes the singular. No ambiguity will be construed against any party based on a claim that the party drafted the language. No failure by any party to take any action or assert any right hereunder will be deemed to be a waiver of such right and will not prevent such party from enforcing such right in the future. The waiver by a party of any of its rights or a breach in a particular instance will not be construed as a waiver of such rights or breach or of the same or different rights or breach in subsequent instances. These Terms set forth the entire understanding and agreement between you and Reach with respect to the subject matter contained herein and supersede any other agreements, proposals, and communications, written or oral, between Reach and you with respect to the subject matter hereof. Reach will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control.
       
    3. No Joint Venture, No Derogation of Rights.
       No joint venture, partnership, employment, or agency relationship is created between you and Reach as a result of these Terms or your use of Boon and neither party has any authority of any kind to bind the other in any respect. Our performance of these Terms is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of Boon or information provided to or gathered by us with respect to such use.
       
    4. Assignment.
       You may not assign your rights or obligations hereunder without our express prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent. Any assignment or transfer or purported assignment or transfer in violation of this Section is null and void. These Terms will be binding upon the permitted heirs, successors, and assigns of the parties hereto.
       
    5. Government Users.
       Boon and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to these Terms. Unpublished rights reserved under the copyright laws of the United States.
       
    6. No Export.
       You will not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology or incorporating such products and software) received from us under these Terms to any destination, entity, or person prohibited by applicable laws, including those of the United States, without obtaining any required prior authorization from the relevant governmental authorities. Without limitation of the foregoing, Boon may not be exported or re-exported: (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
       
25. CHILD SAFETY PROTECTIONS AND REPORTING
    Boon is committed to addressing its obligations under applicable law regarding content or activity that sexually exploits or endangers children and other children safety laws.
    
    1. Prohibited CSAE and CSAM Content.
       
       1. We strictly prohibit any form of Child Sexual Abuse and Exploitation (CSAE) on our app. This includes content known as “child sexual abuse material,” or CSAM. CSAM includes, without limitation, child pornography or any visual depiction (including videos or photos) involving a minor engaging in or simulating sexually explicit conduct. It also includes digital or computer-generated images that show, or are indistinguishable from images of, a minor engaging in such conduct.
          
    2. Reporting Suspected CSAE and CSAM Content.
       
       1. If you become aware or are concerned that any content on Boon constitutes CSAM or suspected CSAE, you may report that to us at [•email]. You can also contact us there to submit feedback regarding our handling of CSAE.
          
    3. Responses to Reported CSAE and CSAM Content.
       
       1. When we are notified of Content on Boon that is suspected to consist of CSAM, we will permanently block and remove such Content from being viewable on Boon if we believe there is a reasonable basis to believe the reported Consent constitutes CSAM. We will also permanently block and remove such Content from being viewable on Boon if we obtain actual knowledge that content posted on Boon constitutes CSAM.
          
       2. Boon Accounts that post CSAE will be permanently disabled and the Boon Account holder’s privileges to use Boon will be revoked.
          
       3. We will also report all instances of CSAM on Boon to the National Center for Missing and Exploited Children (NCMEC) and relevant authorities, as appropriate and in compliance with applicable laws.