B!JuKu Terms of Use Terms & Conditions 1. Acceptance of the Terms of Use. These B!JuKu Terms of Use apply to your access and use of the B!JuKu App, B!JuKu Website, and access to and use of the webpages, platform, services or content therein or provided thereby (collectively, the “Services”) provided by Curation Entertainment Partners, Inc. (including its affiliates, hereinafter together referred to as “B!JuKu,” “us”, or “we”). By using the Services, logging in to the Services, publishing User Postings, and/or clicking on a button on the Services indicating your consent, you hereby agree to these B!JuKu Terms Of Use, which are all incorporated herein by reference (collectively the "Agreement"), and you acknowledge that you have read and understand our Privacy Policy. The Agreement constitutes the entire agreement by and between B!JuKu and you. If you do not want to agree to the Agreement, you may not access or use the Services. If you are using the Services on behalf of another person or entity, you represent that you have the authority to bind that person or entity to the Agreement, and the words “you” or “your” in the Agreement includes such other person or entity. In addition, when using the Service, you shall be subject to any posted guidelines or rules applicable to such service, features, or offers that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Agreement. 2. Changes to the Terms of Use. B!JuKu may make changes to the Agreement from time to time by publishing amended versions on the B!JuKu Website and/or the B!JuKu App. We will attempt to provide you with notice of any changes to the Agreement that materially affect your rights by notifying you via email, offering a notification within the B!JuKu Website or B!JuKu App, or by updating the date at the top of the Agreement. You should also periodically review the most up-to-date version of the Agreement on the B!JuKu Website and/or B!JuKu App. All modifications to the Agreement that we post on the Services will be effective immediately upon posting, and your continued use of the Services after we post changes to the Agreement will confirm your acceptance of the changes. If you do not agree to the modified Agreement, you must stop using the Services. 3. Definition b) “Creator Profiles” refers to the Services allow you to customize your user profile page and make some or all of it public to other users of the Services for feedback and interaction. c) "Digital Content" means webcomics, and digitized comic books, including single issues and trade publications, and other digital content including animations and sound effects provided on the Service. d) "B!JuKu Website" means bi-ju-ku.com. e) "B!JuKu App" means, collectively, B!JuKu’s digital comics reader, storefront applications, websites and/or software (including any updates/upgrades to that software) through which you can: (i) browse, shop for,stream, read and/or otherwise use Digital Content or other items offered by us for use on one (1) or more select devices (e.g., smartphones, tablets, PC/Mac, et al.); and (ii) manage your Digital Content and account settings. f) "User Postings" means content, including text, data, photographs, graphics, images, information, and any combination of these elements which you and other users may submit to the Services, including through comments and other features like Creator Profiles. 4. Ownership and License of Digital Content and User Postings. a) Ownership of Digital Content. You understand and agree that the Services (including the B!JuKu Website and B!JuKu App) are owned by B!JuKu.The Digital Content made available on the Service is owned by the creator, copyrighted creator, or licensed by the applicable copyright owner to B!JuKu. The B!JuKu Website, B!JuKu App, Digital Content, software, visual interfaces, interactive elements, features, information, graphics, design, compilation, computer code, products, look and feel, and all other elements of the Service, are protected by the laws and treaties of the United States and other countries relating to the protection of intellectual property and proprietary rights, including copyright, patent, trade dress, and trademark laws, as well as laws relating to data protection and security. B!JuKu does not transfer any title, right or interest to or in the Services and/or Digital Content to you. b) Limitations to Digital Content License. Unless otherwise stated in writing by B!JuKu, you may not copy, redistribute, transmit, sell, rent, lease, convey, reconvey, post, perform, broadcast, assign, display, or sublicense the Digital Content, or otherwise make available any rights to the Digital Content, other than your own User Postings. You may not circumvent, modify, avoid, bypass, remove, deactivate, impair or otherwise defeat any digital rights management software, encryption, rights signaling or copy protection technology used to deliver or protect the Digital Content, or in which the Digital Content is wrapped or otherwise associated with (or attempt to do any of the foregoing), and you may not edit, modify, translate or create derivative works or adaptations of the Digital Content, other than your own User Postings. You may not duplicate or otherwise reproduce (including but not limited to "burning") the Digital Content (other than your own User Postings), or any portion thereof, onto any physical medium, memory or device (other than within your personal device authorized for download of Digital Content up to the period specified by B!JuKu), including but not limited to CDs, DVDs, computers or other hardware, or any other medium now known or hereafter devised. You may not remove or alter any trademark, service mark or logo or any copyright, trademark or other intellectual property notices, or any other proprietary notices or labels on or in the Digital Content. You may not use any Digital Content in an unlawful or infringing manner. 5. B!JuKu Website and B!JuKu App. a) Use of B!JuKu Website and B!JuKu App. You may use the Service, including the software comprising them, solely on the number and type(s) (if so limited) of devices for which we permitted you to download. You may not (i) separate any individual component of such software for use on another device or computer; (ii) transfer it for use on another device or computer or use it, or any portion of it, over a network, or (iii) sell, rent, lease, lend, distribute, or sublicense or otherwise assign any rights to such software in whole or in part. We cannot guarantee the Services will correctly or immediately reflect your preferences and actions in whole or part. b) Account Creation. You may need to register for an account to access some or all of the Services. You are responsible for keeping your account information current, for taking reasonable steps to maintain the confidentiality of your username and password, and for all activities occurring under your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other actual or reasonably suspected breach of security that you become aware of involving your account or the Services. We will not be liable to you for any loss you may incur as a result of someone else using your username, password or account with or without your knowledge. You may be held liable for losses incurred by B!JuKu or others due to any unauthorized use of your username, password or account. You may not use anyone else’s account at any time without the permission of the account holder. c) Updates. In order to keep the B!JuKu Website and/or B!JuKu App up-to-date and in conformance, B!JuKu may make available updates/upgrades to the B!JuKu Website and/or B!JuKu App. If you do not download such updates/upgrades, your use of the Services may not be secure, and you may not receive certain features, functionality, or notices and/or you may lose access to certain features, functionality, or notices of the B!JuKu Website and/or B!JuKu App. d) No Reverse Engineering, Decompilation, Disassembly, or Circumvention. You may not modify, reverse engineer, decompile, reproduce, copy, disassemble the B!JuKu Website and/or B!JuKu App or any other component of the Services or Digital Content or reduce the Services or any software or data in which the Digital Content is stored to a human-readable form, whether in whole or in part, create any derivative works from or of the B!JuKu Website, B!JuKu App or any other component of the Services or Digital Content, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the B!JuKu Website, B!JuKu App, or any other component of the Services or Digital Content; e.g., by modifying, defeating, augmenting, or substituting any digital rights management functionality. e) Payments to B!JuKu. Except as expressly set forth in the Terms, your general right to access and use the Services is currently for free, but B!JuKu may in the future charge a fee for certain access or usage. You will not be charged for any such access or use of the Services unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the Services. 6. Conditions of Use a) Minimum Age. i. To use the Services, you must be at least thirteen (13) years old (or the minimum permissible age under the applicable law of your jurisdiction, if higher) ("Minimum Age"). The use of the Service by anyone under the Minimum Age is unauthorized and unlicensed. By using the Service, you represent and warrant that you meet the foregoing requirement. If you do not meet this requirement, you may not access or use the Service. ii. If you are between 13 and 18 (or between the Minimum Age and the age of legal majority in your jurisdiction of residence, a "Minor(s)"), you may only use the Service under the supervision of a parent or legal guardian ("Representative(s)") who agrees to be bound by the Agreement. iii. You represent to us that (i) you are at least of Minimum Age or otherwise will provide us with contact information of your parent or guardian in order for us to obtain consent consistent with the laws of your jurisdiction and (ii) if you are a Minor, you may only use the Service under the consent and supervision of a Representative who agrees to be bound by the Agreement, and the use of the Service is for personal purpose. We may request you to provide evidence of your Representative’s consent or your age. We may also terminate your use of the Service if it comes to our attention that any of your representations to us are not correct. You declare that if you are a Minor, your Representative(s) have read and agreed with these Terms of Use and Privacy Policy before you start to use the Service or any other products or services offered by B!JuKu. We advise Representatives who permit their represented Minors to use the Services to communicate with them about online safety, as well as about the content rating and any occasional improper contents which may be found in the Service. Represented Minors permitted to use any interactive service should be made aware by their Representatives of the potential risks to them. Representatives shall be liable for the acts or omissions of their represented Minors. b) Acceptable Use. You may not access or use, or attempt to access or use, the Services to take any action that could harm B!JuKu, its affiliates, service providers, licensors, or any other third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not: i. impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; ii. allow any other person to use the Services under your account; iii. engage in unauthorized “crawling,” “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information available through the Services; iv. take any action that imposes an unreasonable or disproportionately large load on B!JuKu’s network or infrastructure; v. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network; vi. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; vii. distribute any unauthorized materials or advertise or promote goods or services through the Services without B!JuKu’s permission (including, without limitation, by sending spam); or viii. engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in B!JuKu’s sole judgment, exposes B!JuKu or any of B!JuKu’s users, affiliates, or any other third party to any liability, damages, or detriment of any type. Violations of system or network security may result in civil or criminal liability. B!JuKu may investigate and work with law enforcement authorities to prosecute users who violate the Agreement. c) Compliance with Law and Reservation of Rights. You must use the Services and Digital Content in compliance with applicable laws and you may not use the Service in any manner that may have a detrimental effect on the Service, B!JuKu, its users or any other third parties. All licenses are non-exclusive and all rights not expressly granted in the Agreement are reserved to B!JuKu. d) Content Moderation. You acknowledge and agree that we may use automated and/or discretionary tools, personnel, and systems to review, monitor, and moderate User Postings, Digital Content, and other content on the Services for violations of the Agreement or existing and future policies and guidelines, and applicable law. 7. Content Guidelines. a. Intellectual Property Rights. You must own all of the copyrights and other intellectual property rights to your uploads, and your User Postings must not infringe on the copyright, trademark, or publicity right of any other party, or you must have sufficient ownership or other intellectual property rights required to upload the User Postings consistent with these terms. Posting, distributing or transmitting copyrighted content without the copyright holder’s consent is not allowed. This includes posting or distributing links to pirated content from another website or service. Any unauthorized content you share on B!JuKu may be subject to a take-down by the rights holder(s) to remove the infringing content. b. User-Identifying, Abusive or Hateful Content. You may not reveal another user’s personal information (real name, contact information, address, social security numbers, etc.). Malicious, abusive, or hateful content or comment that promotes or encourages violence, or incites hate towards individuals or groups based on race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation, gender identity, political orientation, etc. is not allowed. This includes the use of hate speech symbols without meaningful context. c. Mature or Sexual Content. Content that contains nudity or is intended to be sexually gratifying is not allowed. This includes, but is not limited to, full and partial nudity, as well as graphic depictions of sexual acts. The “Mature Content Warning” feature must be used to identify mature themes and content, including topics of sexuality. However, please note that utilizing the “Mature Content Warning” feature does not mean that nudity or explicit sexual content is allowed on our Service. Although B!JuKu has no obligation to do so, B!JuKu may review your User Postings and in the event that B!JuKu determines that applying the Mature Content Warning function is appropriate, you may be requested to use the function. If you fail to use the Mature Content Warning function repeatedly when its use is appropriate or when requested by B!JuKu, the applicable episode or entire series may be removed or made inaccessible. d. Violent or Graphic Content. We do not allow graphic depictions of gratuitous violence or content that promotes acts of violence. Examples of prohibited content include: i. Brutal, extended, graphic acts of violence. ii. Depiction of sexual assault or forced sexual abuse, or glorification/promotion of inflicting harm on other persons or animals. iii. Glorification or promotion of self-harm or suicide. iv. Instructional content about the assembly, enhancement, or acquisition of guns, weapons or explosives. v. Denialism or minimization of crimes against humanity, provocation to commit acts of terrorism. e. Dangerous or Illegal Content. Content that is encouraging, promoting, or soliciting dangerous or illegal activity is prohibited. Examples of dangerous or illegal content include, but are not limited to: i. Spreading misinformation. ii. Content with themes of incest and grooming. iii. Glorification or promotion of illegal substances or drug use. f. Advertising. Sponsored content must be expressly pre-approved by B!JuKu in writing and must be identified as such to avoid removal. Using automated means to increase view counts or perform social interactions, or creating multiple accounts to increase view counts or perform social interactions, will result in account suspension or removal. 8. Privacy. a) B!JuKu respects your privacy and has established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Services. Our Privacy Policy is available on the B!JuKu Website and/or the B!JuKu App and applies to your use of the Services. Please read our Privacy Policy to understand the ways in which we collect and use your personal information. b) We do not knowingly collect personal information from users under the age of 13 (or the minimum requisite age in your jurisdiction of residence) without consent from a parent or legal guardian. Any parent or guardian who believes that a user under the age of 13 (or the minimum requisite age in your jurisdiction of residence) may have provided personal information without their consent should contact us at info@curationent.com. In such case, in our reasonable judgment, we may delete the personal information of such users under the age of 13 (or the minimum requisite age in your jurisdiction of residence). c) If you access third-party services, such as Facebook, Google, or Twitter, through the Services to login to the Services or to share information about your experience on the Services with others, these third-party services may be able to collect information about you, including information about your activity on the Services, and they may notify your connections on the third-party services about your use of the Services, in accordance with their own privacy policies. d) If you choose to engage in public activities on the Services, you should be aware that any information you share there can be read, collected, or used by other users of these areas. You should use caution in disclosing personal information while participating in these areas. We are not responsible for the information you choose to submit in these public areas. e) B!JuKu may communicate with you about the Services, including through one or more third party e-mail or survey services, via methods determined by B!JuKu, including through the Services or contact information you provide as part of the registration process for the Services. You consent to receive communications from B!JuKu that may: (i) solicit Feedback via e-mail, surveys, bug reports, or other methods B!JuKu may determine; (ii) collect additional information regarding issues you report in your Feedback; (iii) notify you of changes to the Services or the Agreement; and (iv) tell you about future B!JuKu programs, products or services. 9. User Postings; Feedback. a) License of User Postings to B!JuKu. i. For any User Posting posted or submitted through the Services, whether previously existing or posted or submitted going forward, you grant us, to the maximum extent permitted under applicable laws, a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable (through multiple tiers of sublicensees) license to access, use, host, cache, store, reproduce, transmit, modify, create derivative works of, perform (including publicly), display (including publicly), publish, distribute, monetize, (e.g. by placing advertisements or charging for access) and otherwise exploit your User Posting for purposes of maintain and improving our Services, and promoting the same in all media now known or hereafter devised, for the full duration of all applicable intellectual property rights in and to the User Posting. Notwithstanding the foregoing or anything to the contrary set forth anywhere on our Service, with respect to comics posted on B!JuKu, the rights to modify or create derivative works (or sublicense such rights) shall be limited to the sole purpose of marketing and promoting such comics and the Services. ii. For the avoidance of doubt, the foregoing license includes the right to use your User Postings to market the Services and the content on our Services. This means we are allowed to, among other things, send emails containing your User Postings (in whole or in part) to other Service users or exhibit your User Postings (in whole or in part) on advertisements for B!JuKu and/or other Services. iii. You represent and warrant that you own, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted to us herein for any User Posting that you post or submit through the Services, and that your User Posting will not contain any content or material that (i) violates our Content Guidelines or (ii) is subject to copyright, publicity, or other proprietary or privacy rights, unless you have the necessary permissions and are otherwise legally entitled to post the material and to grant us the license described above. b) Feedback. We welcome your feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback will be the sole and exclusive property of B!JuKu, and B!JuKu may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to B!JuKu any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to the Feedback. c) Promotion and Marketing. We may use the Digital Content, User Postings or any derivative works thereof throughout the world, to promote, market, and publicize the Service, Digital Content or User Postings, including excerpts, in any and all languages, formats and media, whether now known or hereafter created. 10. Advertisements and Third-Party Services. a) B!JuKu may provide its own advertisements or any third parties’ advertisements to you, online or offline, including but not limited to, on the B!JuKu Website and/or B!JuKu App, pursuant to the Agreement. Advertisements include, but are not limited to, the placement of promotional messages (including any related technology) for the purpose of publicizing a third-party advertiser’s products or services. Advertisements may consist of scripts, text, graphics, audio and/or video or any combination thereof, and may direct a user to an external link (e.g., a landing page). b) The Services may contain or accept links to third party services or contents, and integrations with third party platforms, like social media sites. B!JuKu does not control, endorse, sponsor, recommend, or otherwise accept responsibility for such third-party services, content and integrations. Use of any linked third-party service, content and integrations is at your own risk, subject to the terms and conditions and privacy policies for use of such third-party services, and we have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Any concerns regarding any such third-party service or resource or any link thereto, should be directed to the particular third-party service or resource. 11. Termination and Suspension. You may stop using our Services at any time. We reserve the right to, at any time with or without notice: (i) modify, suspend or terminate operation of or access to the Services or Digital Content, in whole or in part for any or no reason; and (ii) interrupt the operation of the Service, in whole or in part as necessary to perform routine or non-routine maintenance, error correction or other changes. Your rights under the Agreement will automatically terminate if you fail to comply with any term of the Agreement. In case of such termination, you must cease all use of the Service and/or Digital Content, and B!JuKu reserves the right to immediately revoke your access to the Service and/or Digital Content. Without limiting the foregoing, B!JuKu may, at its sole discretion, suspend your access to the Service in part or in whole if you fail to comply with any term of the Agreement. B!JuKu’s failure to exercise or enforce any term of the Agreement will not constitute a waiver of such term or any of B!JuKu’s rights or remedies. 12. Disclaimer of Warranties. USE OF THE SERVICES AND/OR DIGITAL CONTENT IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY B!JUKU OR ANY REPRESENTATIVE OF B!JUKU CREATES A WARRANTY, AND THE SERVICES AND/OR DIGITAL CONTENT ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. B!JUKU AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. B!JUKU MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. B!JUKU IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE, TABLET, LAPTOP OR DESKTOP DEVICE, COMPUTER SYSTEM, OTHER HARDWARE, OR SOFTWARE, OR FOR ANY LOSS OF OR DAMAGE TO DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER THAT MAY RESULT FROM YOUR USE OF THE SERVICE. B!JUKU MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. B!JUKU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND B!JUKU WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION OBTAINED FROM B!JUKU OR THROUGH THE SERVICES CREATES A WARRANTY OR REPRESENTATION THAT IS NOT EXPLICITLY MADE IN THIS PARAGRAPH. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF WARRANTIES AS SET FORTH ABOVE. IN THOSE JURISDICTIONS SOME OR ALL PARTS OF THE ABOVE SECTION LIMITING SUCH WARRANTIES MAY NOT APPLY TO YOU. IN SUCH CASES, AN ADDENDUM STIPULATING OTHERWISE MAY APPLY TO YOU AND YOU AGREE THAT THE REMAINING PORTIONS OF THE AGREEMENT REMAIN VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 13. Limitation of Liability. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, B!JUKU AND ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY RELATED TO THE B!JUKU WEBSITE, B!JUKU APP, USER POSTINGS, DIGITAL CONTENT, OR ANY OTHER COMPONENT OF THE SERVICES, ANY LOSS OF PROFITS, REVENUE, DATA, USE OF THE B!JUKU WEBSITE, B!JUKU APP, USER POSTINGS AND/OR DIGITAL CONTENT OR ANY ASSOCIATED PRODUCT, OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF B!JUKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE B!JUKU WEBSITE, B!JUKU APP, USER POSTINGS DIGITAL CONTENT, AND OTHER COMPONENTS OF THE SERVICES IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT B!JUKU SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, B!JUKU'S AND ITS AFFILIATES’ AGGREGATE LIABILITY UNDER THE AGREEMENT WITH RESPECT TO ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID IN SERVICE FEES HEREUNDER. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. YOU AGREE THAT THE REMAINING PORTIONS OF THE AGREEMENT REMAIN VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 14. Indemnification. a) To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless B!JUKU, its affiliates, and their respective officers, directors, agents, partners, and employees from and against any losses, liabilities, claims, causes of action, demands, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service and Digital Content, your User Postings, your violation of the Agreement, or your violation of any applicable law or regulation, including without limitation all claims of third parties regarding infringement or violation of such third party’s rights (including without limitation personal rights and/or copyrights) by your User Postings. 15. Governing Law; Disputes. a) Access to the Services may not be legal by certain persons or in certain countries. If you are such prohibited person or you access the Services from such prohibited countries, you do so on your own initiative and are responsible for compliance with applicable local laws. b) The Agreement shall be interpreted in accordance with the laws of the State of New Jersey without giving effect to any choice or conflict of law provision or rule. 16. Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU IRREVOCABLY WAIVE ALL YOUR RIGHTS TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE DECIDE YOUR CASE. In order to expedite and control the cost of disputes, B!JUKU and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or the Agreement (“Dispute”) will be resolved as follows to the fullest extent permitted by law: a) Notice of Dispute. In the event of a Dispute, you or B!JUKU must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by email to B!JuKu at info@curationent.com b) The parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules (the “AAA Rules”) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The AAA Rules are available at https://www.adr.org/Rules the AAA at 1-800-778-7879. By agreeing to be bound by this Agreement, you either (a) acknowledge and agree that you have read and understand the rules of AAA, or (b) waive your opportunity to read the rules of AAA and any claim that the rules of AAA are unfair or should not apply for any reason. c) B!JUKU will send any Notice of Dispute to you by e-mail address if B!JUKU has it. You and B!JUKU will attempt to resolve any Dispute through mediation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or B!JUKU may commence arbitration. An arbitrator will decide any disputes over whether this subsection has been violated, and has the power to enjoin the filing or prosecution of arbitrations. Unless prohibited by applicable law, the arbitrator shall not administer any arbitration unless the requirements of this subsection have been met. d) Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor B!JUKU will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Class actions and class arbitrations are not permitted; for example, you may bring a claim only on your own behalf and cannot seek relief that would affect other Service users. Nor may an arbitrator consolidate arbitrations unless all parties agree. If there is a final judicial determination that the limitations of this paragraph are unenforceable as to a particular claim or a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated. e) Mass Arbitrations. If 25 or more claimants submit similar Notices of Dispute or file similar arbitrations and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration in stages using staged bellwether proceedings. You agree to do this even though the resolution of some claims might be delayed. In the first stage, the parties shall select up to 10 cases to be filed in arbitration and resolved by separate arbitrators. In the meantime, no other cases may be filed in arbitration. Nor may the arbitration provider accept, administer or demand payment for fees for other arbitrations. If the remaining cases are not settled after the first stage is done, the parties will repeat the process. These staged bellwether proceedings will continue until all cases are resolved. If this subsection applies to a Notice of Dispute, any statute of limitations applicable to the listed claims will be tolled from the time the first cases are selected for bellwether proceedings until the claimant’s Notice of Dispute is selected for a bellwether proceeding or otherwise resolved. A court will have the authority to enforce this subsection, including the power to enjoin the filing or prosecution of arbitrations or assessment of related fees. f) Arbitration Procedures. Unless the Parties expressly agree otherwise in writing, the arbitration shall take place in-person in Freehold, New Jersey, except that if telephonic or other remote electronic means are available and permissible, then you may elect to conduct the arbitration via such means. You agree that: (a) any arbitration will occur in Freehold, New Jersey, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section, and (c) that the state or federal courts of the State of New Jersey, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. g) Arbitration Fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators and administrative fees of arbitration.If B!JUKU files, then B!JuKu will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses (including attorney’s fees) from another party if the arbitrator, applying applicable law, so determines. h) Filing Period. To the extent permitted by law, any Dispute under the Agreement must be filed within one (1) year in an arbitration proceeding. The one-year period begins on the earliest date when any of the alleged claims first accrue, regardless of whether additional damages occur after such claims first accrue. If a Dispute is not filed within one year, it is permanently barred forever. i) Opt-Out. You can opt out of arbitration within 30 days of the date that you first agreed to the Agreement (including any earlier version). If you have previously agreed to arbitration, then you may opt out of any future revisions to the arbitration provision within 30 days of receiving notice of the updated arbitration provision, in which case the prior version of the arbitration shall apply. To opt out of arbitration (or revisions to this arbitration provision), you must send your name, residence address, username, email address or phone number you use for your Services account, and a clear statement that you want to opt out of this arbitration agreement (or of the revisions to it), and you must send them by emailing: info@curationent.com. i) B!JUKU AFFILIATES, AGENTS, EMPLOYEES, AND SUBCONTRACTORS ARE INTENDED AS THIRD PARTY BENEFICIARIES OF THE ARBITRATION CLAUSES IN THIS SECTION 17. 17. Complete Agreement and Severability. The Agreement is the entire agreement between you and B!JUKU regarding the Services and/or Digital Content, and supersedes all prior understandings regarding such subject matter. If any term or condition of the Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition. 18. Accessibility. We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at info@curationent.com. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including email address and phone number. Thank you for helping us make your online experience more enjoyable. 19. Contact Information. For help with the Service and/or Digital Content, please contact Customer Service at info@curationent.com.