These TERMS OF SERVICE (this "Agreement") are agreed to between Full Bottle Group, Inc. ("Fullbottle") and you, or if you represent a company or other entity, that company or entity (in either case, "You").
Fullbottle provides you, and, if applicable, your Affiliates (defined below), access to its online site at fullbottle.co known as The Dealflow Platform (the "Platform"). The Platform allows Advertisers and Creators to interact and engage in marketing relationships to create and/or distribute unique sponsored social content often through a Creator's social network ("Platform Services") subject to your acceptance of and compliance with these terms of service (the "Terms of Service" or the "Agreement"). If you do not agree to these Terms of Service, please do not use the Platform Services or access Fullbottle.co. Each time you use the Platform, the current version of the Terms of Service will apply. Accordingly, when you use the Platform, you should check the date of the Terms of Service (which appears at the top of this document) and review any changes since the last version. The Terms of Service will be available at all times at Fullbottle.co.
Unless you later enter into any the other agreements with Fullbottle regarding the Platform or Project (defined below), this Agreement is the complete and exclusive agreement between You and Fullbottle regarding Your access to and use of the Platform and content submitted and posted for the Project. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between You and Fullbottle relating to Your use of the Platform and content submitted and posted for the Project.
In this Terms of Service, (i) "Advertiser" means collectively any person or entity who participates in the Platform Services directly or by Fullbottle authorized personnel on behalf of Advertiser for the purpose of creating Projects to use the services of a Creator, (ii) "Creator" means any person, entity or group that creates and distributes the sponsored social content and/or performs an action through their associated social networks (i.e. Vine, Instagram) via the Platform, (iii) "Affiliate" means any authorized entity or person that directly or indirectly controls the transactions of the Advertiser or Creator. The term "control" with regard to this definition means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through the ownership of voting securities, written voting rights agreement, written agreement, title or other influence, (iv) "Project" means a request by an Advertiser for a Creator to create and/or distribute sponsored social content and/or perform an action through their social network account. These Terms of Service shall apply to all transactions conducted through the Platform.
1.1. PROJECTS AND CHARGES
Participating Advertisers create and list opportunities ("Projects") in the Platform, which offer Creators the chance to receive compensation in exchange for creating and/or distributing sponsored social content and/or performing an action through their social network. All Projects completed by the Creator must comply with the requirements set forth by the Advertiser (herein referred to as the "Requirements") in the Project. Each Project should contain a complete description of the requirements and the maximum cost per like ("CPL") to be paid by the Advertiser. Creators respond to Projects by submitting proposals ("Submissions") which include the Creator's CPL bid price (required), video or image, caption. Submissions may be accepted, rejected or a revision requested by the Advertiser.
By accepting or requesting a revision of the Submission within the Platform the Advertiser is agreeing to pay the Creator the accepted CPL bid price for the Project up to the maximum payout defined. If an Advertiser requests to cancel an accepted Submission for convenience prior to required start date, the Advertiser will be charged an automatic, non-refundable payment of fifty percent (50%) of the Creator's maximum payout for the Submission.
The Advertiser can request up to two revisions of the content (video/image, caption) from Creator. Once a revision is provided by Creator, the Advertiser will have seven (7) days to either approve, reject or request a revision within the Platform. Failure to do so by the Advertiser within the time period will result in an automatic non-refundable charge to the Advertiser of fifty percent (50%) of the maximum payout for the Submission.
Once a Submission is approved by Advertiser and is posted to applicable social networks it is referred to as a Post. Once a Post is live, an Advertiser cannot cancel a Submission.
The Advertiser will not be charged and Creator will not receive payment if the Creator: (i) cancels Submission prior to required start date, or (ii) does not provide revision to Submission within three (3) days from the Advertiser's request date, or (iii) does does not set the approved Submission live during the required Post duration (iv) does not maintain the Post for the required Post duration, (v) does not submit live URL of Post into the Platform during the required Post duration, (vi) sets a Post live which does not comply with the final approved Submission. Advertiser has three (3) days from required Post start date to alert Fullbottle if the Post does not comply with the approved Submission.
Check here for a summary of all potential charges to Advertiser.
1.2. REVIEWS & APPROVALS & PAYMENTS
While Fullbottle personnel may assist in reviewing and identifying Creator's Submissions or actions that violate a Project's Requirements and attempt to resolve disputes, Advertisers in their reasonable discretion shall determine whether a particular Creator is entitled to the set compensation so long as the Advertiser observes the requirements of Sections 1, 3.5, 3.6 and 3.7 of this Agreement. Fullbottle reserves the right to review and reject Projects from Advertisers that do not meet our Platform Guidelines. Any Post which does not comply with Requirements and the approved Submission for the Project will not be entitled to the compensation associated with such Project.
Final payment to the Creator will occur if the Post is active within the required Post duration, remains unaltered from the approved Submission for the defined duration of the Post, and the live URL is posted to the Platform within the defined Post duration. The Fullbottle Platform will automatically check for active posts and make payments to the Creator on behalf of the Advertiser. Fullbottle is acting as an agent for a disclosed principal and as such, no payments will be made hereunder until such are received from Advertiser. If the automated system fails to locate required elements and required disclosure, no payment will be made to the Creator and funds for the Project will be returned to the Advertiser. Creator will be paid (and Advertiser will be charged) on the agreed Bid price multiplied by the number of likes generated during the required duration of the Post up to the maximum payout amount as defined in the Platform.
3. ADVERTISER TERMS
This Section 3 applies only to Advertisers participating in the Platform.
3.1. TRANSPARENCY & DISCLOSURE
Fullbottle requires full disclosure by all Platform participants. More specifically, the connection between the Advertiser and the Creator that would affect how people evaluate the Creator's message should be disclosed. Any attempt to instruct, coerce or manipulate a Creator into hiding the commercial relationship between the Advertiser and the Creator may result in immediate removal from the system. Advertiser agrees to comply with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (see generally http://www.ftc.gov/news-events/media-resources/truth-advertising/advertisement-endorsements, the Federal Trade Commission's Dot-Com Disclosures (http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-staff-revises-online-advertising-disclosure-guidelines/130312dotcomdisclosures.pdf), the Word of Mouth Marketing Association's Influencer Handbook (http://members.womma.org/d/do/142)); and all applicable laws and regulations, including but not limited to Section 5 of the Federal Trade Commission Act.
Advertiser agrees to pay Fullbottle all charges made to Advertiser's account for agreed upon fees or use of the Platform Services in accordance with these Terms of Service. Check here for Advertiser payment terms.
3.3. CREDIT CARD CHARGES
Advertiser authorizes Fullbottle to charge Advertiser's credit card, as provided by the Advertiser, in advance to deposit funds into the Platform Advertiser's account. Once funds are deposited into the Platform Advertiser's account, they may be used at the Advertiser's discretion, to purchase Platform Services or pay for agreed upon fees. Advertiser will be responsible for charges resulting from the use of Platform Services and any applicable service fees will be automatically withdrawn from the Advertiser's balance monthly based upon the initial enrollment date.
Advertiser represents and warrants that it has the legal right to use any credit card utilized in connection with any transaction. By submitting such information, Advertisers grants Fullbottle the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by the Advertiser. If the credit card provided was not authorized, then all amounts in the Advertiser's account will immediately be forfeited. Advertiser's non-termination or continued use of the Platform reaffirms that Fullbottle is authorized to charge Advertiser's credit card.
Fullbottle reserves the right to modify, suspend or terminate the required method of payment for use of the Platform at any time, although any pending Projects will be completed using the method current when the Project was listed. If Fullbottle modifies the terms of the method of payment as outlined in this Section 3.3, the Advertiser will be contacted by Fullbottle or the modifications will be reflected in an updated version of this Agreement. If you do not consent to such modified Agreement, you must immediately discontinue using the Platform. Advertiser's continued enrollment after any modifications constitutes its acceptance of the terms and method of payment as modified.
All Advertiser Projects may be taken offline if Advertiser's credit card does not allow additional charges or rejects any pre-authorized charges made to it. Unless Advertiser or Fullbottle discontinues enrollment or participation in the Platform Services, Advertiser understands that this pre-authorization is valid until the termination of this Agreement or the applicable Master Services Agreement with Fullbottle. For your future reference, you agree to retain, either by printing or otherwise saving, a copy of this Agreement, which provides the terms of your pre-authorization.
Advertiser may not attempt to contact Creators or negotiate terms or payment outside of the Platform. Any attempt to circumvent the Platform may result in removal from the Platform at Fullbottle's sole discretion.
3.5. MANUAL PROCESSING REQUESTS
It is the Advertiser's responsibility to reviews Creator's posts for compliance with the Requirements set forth in the Project.
If an Advertiser would like to ensure that a Creator's post will be manually reviewed for compliance with the Project Requirements, such service is available for an additional fee. An Advertiser can also request to have Fullbottle manage part or all of its advertising campaign for a fee as agreed upon through a separate managed service agreement. Interested parties should contact Fullbottle directly.
If necessary, an Advertiser may request that a Creator's post in response to a Project be removed from the Creator's social media site or personal website. Fullbottle may assist Advertiser in requesting a Creator to remove a post and additional fees may apply; however, Fullbottle cannot guarantee removal of the post by the Creator.
3.6. CONTENT INFORMATION
Advertiser agrees that Fullbottle is not responsible for any aspect of Advertiser's content or product to be reviewed, shared, sponsored, or advertised by the Platform's contracted Creators. Advertiser is wholly responsible for any specifications requested of, legal and regulatory compliance, as well as any material provided to Creators. Advertiser is responsible for all third party material clearances and licensing for any Creator content. Advertiser acknowledges that the Platform Creators are independent third parties and not directly controlled by Fullbottle. Creators are not contractors or personnel of Fullbottle. As a consequence, any postings or sponsorship of your content or product(s) will inherently risk negative or unflattering comments about your content, product(s) or company. Advertiser specifically acknowledges and agrees that Fullbottle has no control over any content that may be available or published on any social network (or otherwise), and that Advertiser is solely responsible (and assumes all liability and risk) for Creator content.
Advertiser grants Fullbottle and Creator a revocable, limited, worldwide license to any content and materials provided by or specified by Advertiser to perform the Services as set forth in these Terms.
3.7. Project DISPUTES
Advertiser agrees that so long as a Creator has met the requirements as outlined in its Project and Section 1 it will not delay or deny payment for the Platform Services. Advertiser may not discriminate based on the racial, physical, political, spiritual, age, gender or sexual orientation characteristics of the Creator. Thirty (30) days after completion of the Project, payment will be made to the Creator by the Platform for services unless the Creator has violated the terms of this Agreement or the specific terms of the Advertiser's Project.
4. CREATOR TERMS
This Section 4 applies only to Creators participating in the Platform.
4.1. TRANSPARENCY & DISCLOSURE
Creators participating in the Platform must clearly disclose in their sponsored content the relationship between themselves and the Advertisers. Fullbottle requires that disclosure be made in a meaningful way that makes clear to an ordinary consumer that there is a relationship between the Creator and the Advertiser. Fullbottle reserves the right to review and monitor the disclosure practices of all Creators who participate in the Platform and to either require greater levels of disclosure (in the event that Fullbottle determines in its sole discretion that current disclosure practices are inadequate) or remove the Creator from the Platform (in the event of inadequate disclosures). Creator agrees to comply with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (see generally http://www.ftc.gov/news-events/media-resources/truth-advertising/advertisement-endorsements); and all applicable laws and regulations, including but not limited to Section 5 of the Federal Trade Commission Act.
4.2. CREATOR ELIGIBILITY
Any Creator over the age of eighteen (18) may register in the Platform, but in order to participate in the Platform, Creator's account/s should meet the following minimum standards:
4.3. CREATOR FULFILLMENT OF A PROJECT
By accepting a Project, Creator acknowledges that (i) it has the authority and ability to perform the requested service within the stated time period, as applicable, (ii) all submitted content will be in the English language or such other language as required in the Project, (iii) all submitted content or action will be original and does not infringe on any copyright, patent, trademark, trade secret or other intellectual property right of any third party, (iv) all submitted content or action does not include or support excessive profanity, violence, racial intolerance, illegal drugs or drug paraphernalia, illegal pornography or any other content that promotes intolerance, illegal activity or infringes on the legal rights of others.
Sponsored Content posted by the creator to a Network is reported to the automated system by the Creator submitting a URL of the Post into the Platform. The Sponsored Content URL must link to the same content that was approved by the Advertiser for the Project, and must remain accessible on the Network for the duration specified in the Project (the "Posting Period") in order for the Platform to validate the fulfillment of the Project and to earn compensation for the posted Project. Assuming payments from the Advertiser have been received by the Platform, the Creator will receive payment for the completion of the Project as agreed upon between the Advertiser and the Creator in the Project 30-days from the posting end date.
4.4. CREATOR COMPENSATION
Creator acknowledges and agrees that the obligation to compensate Creator for Project-related advertisements resides solely with the Advertiser, not Fullbottle. Fullbottle merely facilitates such compensation on behalf of the Advertisers. Advertiser is solely liable for payment to Creator. While Fullbottle may be remitting payment to Creator directly; under no circumstances does Fullbottle accept liability for payment to Creator. Creator agrees that it will not pursue any actions, legal or otherwise, against Fullbottle for non-payment. Creator waives any and all claims or rights of action against Fullbottle relating to the failure of an Advertiser to compensate Creator in connection with a Project-related advertisement. In addition, Creator acknowledges that Creator is: (i) not an employee of Fullbottle, (ii) responsible for the payment of all federal, state and local taxes on compensation received from an Advertiser, (iii) responsible for any reporting requirements imposed by the federal, state or local government, and (iv) responsible for compliance with all other applicable laws and regulations.
Creator Payments are made to the Creator's designated PayPal account unless another arrangement is agreed upon between Creator and Fullbottle. It is Creator's responsibility to ensure that their PayPal account is correct and to update the PayPal account information as necessary. Payments to the Creator's PayPal account are subject to PayPal's then current payment terms. Fullbottle will not be responsible for any payments made to the wrong PayPal account. Creator Payments become payable within 30 days of Post end date assuming payments from the Advertiser are received by the Platform. If the Creator receives a deposit into their PayPal account, Fullbottle will notify the Creator via email that payment has been made to their PayPal account. Creator Payments will be subject to a reduction in funds equal to the PayPal fees associated with the transaction. Fullbottle reserves the right to modify the payment terms at any time.
Creators that opt to create Submissions on the Platform will be required to complete and submit an IRS Form W-9 with the Creator's full Social Security Number or the equivalent thereof for receipt of funds. Failure to submit a completed W-9 or equivalent may result in forfeiture of the Payments for which such person is eligible. Creators outside of the US may be subject to additional document filing requirements or withholding from payments, such withholding shall be made in fullbotte's reasonable discretion and such withholding does not necessarily satisfy foreign taxation requirements or absolve Creator of any tax liability.
All payments to Creators are in United States dollars. All dollar amounts displayed on the Platform or via Platform notifications are in United States dollars.
4.5. GRANT OF USAGE LICENSE
Creator retains its rights to any content submitted, posted or displayed through its social platforms. Creator grants Fullbottle and the specific Advertiser purchasing the content a worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable license to share, use, copy, process, adapt, translate, display, perform, reproduce, republish, and distribute the content or any portion thereof in any and all forms of media or distribution methods (now known or hereafter developed), including but not limited to television, radio, print, Internet site and other electronic communications. Any use, publishing, or distribution of a Creator's content by Fullbottle or any other Advertiser may, but is not required, to be accompanied by credit to the Creator of that content by use of the Creator's name, likeness or other identifying representation.
4.6. SOCIAL MEDIA SERVICES
Creators and Advertisers may not attempt to contact the other party directly or negotiate terms or payment outside of the Platform. Any attempt to circumvent the platform may result in removal from the Platform at Fullbottle's sole discretion.
7. Platform GUIDELINES
All participants in the Platform should observe these Guidelines:
8. UNAUTHORIZED USE
Outside of an API provided by Fullbottle, any attempt to utilize automated programs, bots, screen scraping, database calls, human initiated data collection or any other means of gathering data, content or other information for the purpose of reverse engineering our platform for commercial gain is strictly prohibited. Any manipulation of like data, follower counts or any other relevant data or metric reported in the Platform is strictly prohibited. Any such unauthorized attempt will be prosecuted to the fullest extent under the law.
9. PROVISION OF SERVICES
Fullbottle is constantly innovating and changing its Platform offerings in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Fullbottle provides may change from time to time without prior notice to you. You acknowledge and agree that Fullbottle may stop (permanently or temporarily) providing the Platform Services (or any features or functionality within the Platform) to you or to users generally at Fullbottle's sole discretion, without prior notice to you. You and/or Fullbottle may terminate this Agreement and/or your participation in the Service at any time, for any reason or for no reason, and Fullbottle shall not have any liability regarding such decisions. Sections 3 through 18 of these Terms of Service shall survive any termination of the Agreement. In addition, Fullbottle has the ability, with user permission, to assume said user's account for the purposes of troubleshooting and resolving issues.
10. REPRESENTATIONS AND WARRANTIES
Creators and Advertisers participating in the Platform each represent, warrant and covenant that (i) you have sufficient authority to enter into the Agreement; (ii) your use of Fullbottle's services is solely for lawful commercial and business purposes; (iii) the links contained in any content are directed to the intended and agreed upon destination and are not re-directed; (iv) you will not (and will not allow, enable or authorize any third party to) generate automated, fraudulent or otherwise invalid actions, such as but not limited to purchasing likes, comments and shares for Sponsored Content. If Fullbottle believes that activity, whether relating to the Content or otherwise, is suspected and/or determined to be "action fraud", "viewership fraud", "like fraud" or fraud of any other kind ("Action Fraud"), Fullbottle, in addition to other rights and remedies hereunder, may withhold any payments that would otherwise be owed to Creator relating to the Content, and shall be entitled to recoup from Creator any payments previously made to Creator that are attributable to Action Fraud; (iv) you will comply with all applicable laws including complying with all applicable laws such as the CAN-SPAM Act of 2003; and (v) you have the necessary rights to provide all information provided to the Platform (including all content, data, claims, statements, products and services, Projects, titles, URLs and descriptions) for use as described in this Agreement (the "Information").
Creators and Advertisers participating in the Platform each represent, warrant and covenant that all such Information does not and will not: (a) violate any law, statute, ordinance, treaty or regulation or Fullbottle policy or guideline; (b) infringe any copyright, patent, trademark, trade secret, video, music performance or other intellectual property right of any third party; (c) breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) advertise any unlawful product or service or unlawful sale of any product or service. Additionally, you agree that all Information will (e) not be false, misrepresentative, deceptive or misleading; (f) not be defamatory, libelous, slanderous, obscene or threatening; (g) not target children under the age of thirteen (13), (h) be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information.
All Fullbottle and Platform graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Fullbottle in the U.S. and/or other countries. Fullbottle's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available on our media page may be used by partner and third party sites in connection with journalistic promotion of our services, commercial applications are forbidden except where pre-approved in writing. All proprietary rights and goodwill in Fullbottle's trademarks shall inure to the benefit of Fullbottle.
Creators and Advertisers each agree to fully and separately indemnify and hold harmless Fullbottle, its parent and affiliates and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, owners, third party service providers and third parties authorized by Fullbottle to make your listings, results, and/or Services available in connection with third party Websites, Social Content and/or Action, blogs, postings, content, applications and/or e-mails ("Third Party Products"), and their respective officers, directors, agents, affiliates, and employees (each, an "Fullbottle Entity" and collectively, the "Fullbottle Entities") from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, "Claim(s)"), that actually or allegedly result from your information, use of the Service, any Social Content and/or Action, your Website, or your breach of the Agreement. You agree to be solely responsible for indemnifying any Claim against or suffered by Fullbottle and/or any Fullbottle Entity, subject to Fullbottle and/or the Fullbottle Entity's right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against Fullbottle, and/or any Fullbottle Entity provided that you will not agree to any settlement that imposes any obligation or liability on Fullbottle and/or an Fullbottle Entity without Fullbottle's prior express written consent.
13. WARRANTY DISCLAIMER
ADVERTISER AND CREATORS EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FULLBOTTLE DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE OR FULLBOTTLE'S WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE OR THE FULLBOTTLE WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Fullbottle. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE OR THE FULLBOTTLE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT FULLBOTTLE'S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF FULLBOTTLE'S CONTROL. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FULLBOTTLE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
14. LIMITATION OF LIABILITY
ANY LIABILITY OF FULLBOTTLE TO AN ADVERTISER IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OR FORM OF ACTION, SHALL BE STRICTLY LIMITED TO MAXIMUM AMOUNT PAID BY ADVERTISER TO FULLBOTTLE FOR THE SERVICES RELATED TO THE ADVERTISER'S PROJECT THAT RELATED TO THE CAUSE OR FORM OF ACTION. FULLBOTTLE SHALL NOT BE LIABLE TO CREATORS FOR DAMAGES OF ANY KIND ARISING OUT OF CREATORS USE OF THE SERVICES IN EXCESS OF $100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL FULLBOTTLE OR ANY FULLBOTTLE ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT. ADVERTISER AGREES THAT ADVERTISER WILL NOT HOLD FULLBOTTLE RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT, INCLUDING WITH RESPECT TO CLICKS BY ANY THIRD PARTY ON ADVERTISER'S LISTING(S) OF PROJECTS, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF FULLBOTTLE OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Fullbottle'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Fullbottle may give general notices to you by posting on its Website, or by electronic mail to the e-mail address provided by you to Fullbottle. It is your responsibility to ensure that your e-mail address and any other contact information you provide to Fullbottle is updated, current and correct. It is your responsibility to also check these Terms of Service to see if there has been a modification. All notices to Fullbottle shall be sent via recognized overnight courier or certified mail, return receipt requested, to: Fullbottle, Inc., 1650 S. Amphlett Blvd. Suite 110, San Mateo, CA 94402 Attn: Legal Notices.
16. CHOICE OF LAW; ARBITRATION; NO CLASS ACTIONS
This Agreement shall be governed by and interpreted under the laws of the State of California, U.S.A. without regard to its conflicts of laws provisions.
You agree to submit any dispute arising out of this Agreement to binding arbitration in Palo Alto California in accordance with the rules of the American Arbitration Association. If travelling to Palo Alto is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys' fees).
No Class Actions.
You agree to resolve any disputes related to this Agreement as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, we are able to offer the Platform at the terms designated, and that your assent is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with us, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Platform or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Arbitration awards may be enforced in any court of competent jurisdiction.
17. ELECTRONIC SIGNATURES EFFECTIVE
This Agreement is an electronic contract that sets out the legally binding terms. You indicate your acceptance of the Agreement and all of the terms and conditions contained or referenced in this Agreement by using the Platform Services. Please print and save a copy of this Agreement for your records.
All prices are in US Dollars.