The following terms of use (the "Terms of Use") govern your access to and use of: (1) the loyalty program administration service (the “Service”) operated by Revlo on behalf of the person or entity (the “Streamer”) streaming or otherwise providing online video content through a channel on the Twitch.tv website (a “Channel”); (2) the Revlo online platform, including the website located at www.revlo.co (the “Website”), facilitating access to and administration of your account with a Streamer’s Channel viewer loyalty program that is utilizing the Service (a “Loyalty Program”); and (3) all other services provided by Revlo to you through or in connection with the Service, a Loyalty Program, a Channel, the Website or otherwise (collectively, but excluding any Loyalty Program and a Channel, the "Platform”). These Terms of Use form an agreement between 2458487 Ontario Inc. d/b/a Revlo ("Revlo", “us”, “we”, “our”) and you. The term “you” refers to the person or entity (“Customer”, “you”, “your”) visiting, browsing or otherwise using the Platform or a Channel, including for the purpose of accumulating, managing or redeeming loyalty points in a Loyalty Program (as permitted from time to time by Revlo and the Streamer). By accessing and using (the term “use” when used herein will mean access or use, and using will have a corresponding meaning) the Platform or the Channel, you accept and agree to be bound by and comply with these Terms of Use. If you do not accept and agree to be bound by these Terms of Use, please do not use the Platform or a Channel. If you are using the Platform or a Channel on behalf of another person or a corporate entity, you represent and warrant to Revlo that you have the authority to bind such person or entity to these Terms of Use.

The Platform is provided solely to (collectively, as may be modified from time to time by Revlo in our discretion and without notice, the “Permitted Use”) enable you to accumulate, manage and redeem (as permitted from time to time by Revlo and the Streamer) loyalty points in a Loyalty Program through the Service.

Changes to these Terms of Use and Platform

Except where prohibited by applicable law, Revlo reserves the right to change these Terms of Use at any time without notice to you. Your continued access to or use of the Platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

Revlo reserves the right to change any information, material or content (including, but not limited to, price, description, features, contact information, availability of the Service, the Platform or a Loyalty Program) contained on or provided through the Platform (the "Content") at any time, and from time to time, without notice.

Use of the Platform

As a condition of your use of the Platform, you represent and warrant to, and covenant with Revlo that: (1) you are at least thirteen (13) years of age; (2) you possess the legal authority to create a binding legal obligation for yourself, or if you are using the Platform on behalf of another person or entity, then you possess the legal authority to create a binding legal obligation for that other person or legal entity; (3) you will use the Platform in accordance with these Terms of Use; and (4) all information supplied by you on the Platform is true, accurate, current and complete.

Revlo retains the right, at its sole discretion, to deny access to anyone to the Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You will cease and desist from any such access or use immediately upon request by Revlo.

License Grants

Subject to these Terms of Use, Revlo grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to access and use the Platform in accordance with these Terms of Use.

Subject to these Terms of Use, you grant to Revlo and the Streamer a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that: (1) you load, transmit to or enter into the Platform; or (2) we collect from your local computer system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof solely for the purpose of: (A) providing the Service to you and the Streamer; (B) complying with applicable law; and (C) Revlo’s reasonable audit and data retention policies.

User Account

In order to use the Platform you must have a Twitch User ID.  Remember to keep your User ID secure and not share your User ID with anyone else.  Revlo reserves the right to prohibit any Customer from using the Platform at any time in Revlo’s sole discretion.

Term and Termination

These Terms of Use will commence on the day you first use the Platform and will continue into force until terminated by either party in accordance herewith (the “Term”).  These Terms of Use may be terminated as follows: (1) Revlo may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at Revlo’s discretion, by email (at your current email address on file with Revlo) or through the Platform; and (2) you may terminate these Terms of Use at any time and with immediate effect by ceasing use of the Platform.  Upon the expiration or termination of these Terms of Use for any reason, your account with any Loyalty Program will also be automatically terminated and you will forfeit any points you may have in any Loyalty Program forthwith and without any compensation.

Loyalty Programs and Your Relationship with Streamers

The Platform permits you to participate in a Loyalty Programs offered by a Streamer who may choose to allow you to accumulate points in a Loyalty Program and exchange those for goods or services offered by the Streamer. If you choose to participate in a Loyalty Program through the Platform or a Channel, you may separately be required to enter into an agreement with the Streamer in respect of your participation in the Loyalty Program and any goods or services that the Streamer may choose to make available to you for redemption in exchange for points accrued by you in the Loyalty Program on such terms and conditions as may be agreed to between you and the Streamer in respect thereof (the “Streamer Contract”). For example, the Streamer Contract may contain: (1) a description of the products or services to be provided by the Streamer to you in exchange for points accrued by you in the Loyalty Program; (2) Loyalty Program description and participation terms and conditions; and (3) any other terms and conditions as communicated between you and the Streamer through the Platform or otherwise.

You understand and agree that ANY Loyalty Program (including any products or services that may be available to redeem for points you accrue in ANY Loyalty Program) is provided to you by the Streamer and not by Revlo, and that Revlo is not a party to and will be in no way responsible for the performance of either you or THE Streamer under any Streamer Contracts.  Without limiting the generality of the foregoing, Revlo will have no responsibility or liability to you in respect of ANY Loyalty Program or any products or services that StreamerS may make available to you in exchange for points accrued in theIR Loyalty Program.  Each of Revlo and the Streamer reserve the right, in their sole discretion, to limit, suspend or terminate your participation or account in, or points accrued with, A Loyalty Program at any time and without any compensation or notice to you.  Points have no cash, monetary or other value and cannot be converted into any currency. Points can be redeemed for goods or services that Streamers may offer from time-to-time.

Revlo does not make any representations, warranties or guarantees of any kind in respect of a Streamer, any Loyalty Program, any Streamer Contract or any products or services provided to you by a Streamer or otherwise in connection with any Loyalty Program. You agree to act in good faith in all your dealings with Streamers, in your participation in any Loyalty Program and in performing your obligations under any Streamer Contract.

Reviews and Comments

By submitting content to the Platform or Revlo, including any Streamer reviews, questions, comments, suggestions, ideas or similar information (collectively, “Submissions”), you grant Revlo and its affiliates, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to: (1) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (2) use the name that you submit in connection with such Submission. You acknowledge that Revlo may choose to provide attribution of your Submissions (for example, listing your name and city on an Streamer review that you submit) at our discretion, and that such submissions may be shared with Streamers and others using our Platform. You further grant Revlo the right to pursue at law any person or entity that violates your or Revlo’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

Revlo takes no responsibility and assumes no liability for any Submissions posted or submitted by you.  Revlo has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Platform.  If you do not agree to these terms, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the Platform. You will not post or transmit to or from the Platform: (1) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy, or that would violate any law; (2) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); or (3) any material or content that infringes, misappropriates or violates any copyright, trade-mark, patent right or other proprietary right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Platform. You acknowledge that Revlo may exercise its rights in respect of any Submissions without any notice to you.

Ownership

All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Platform, are owned or licensed by Revlo and are protected by copyright, trade-mark and other intellectual property laws.

Revlo expressly reserves all rights in the Platform and all materials provided by Revlo in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all rights, title and interest in the Platform, all materials provided by Revlo in connection with these Terms of Use (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Revlo (or third party suppliers, if applicable), and that access to the Platform and all materials provided by Revlo hereunder are licensed and not “sold” to you.

Privacy Policy

Please click here to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these Terms of Use: https://www.revlo.co/p/legal/privacy-policy.

Please note that Streamers may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your personal information. Please read those additional privacy policies or statements carefully.

No Unlawful or Prohibited Use

You will not, without Revlo's prior written permission, use the Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) “frame”, “mirror” or otherwise incorporate the Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (4) take any action that imposes, or may impose, in Revlo’s discretion, an unreasonable or disproportionately large load on the Platform; (5) deep-link to any portion of the Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform; (8) use the Platform or Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Revlo and only in the exact manner specified and enabled by us; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform or the Content; (11) create derivative works based on the Platform or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content; (12) use or access the Platform in a manner that violates the rights (including, but not limited to intellectual property or privacy rights) of any third party; (13) upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by Revlo in its sole discretion; or (14) collect or harvest any personal information of any other user of Revlo, including account names and electronic addresses.

Third Party Channels

The Platform may provide links to third party websites, including to websites of the Streamer. Revlo does not endorse the information contained on such websites or guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Revlo’s control, and if you choose to access any such website, you do so entirely at your own risk.

Viruses

The downloading  and viewing of Content is done at your own risk. Revlo cannot and does not guarantee or warrant that the Platform or the Content are compatible with your computer system or that the Platform or the Content, or any links from the Platform or the Content, will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform.

Communications Not Confidential

Revlo does not guarantee the confidentiality of any communications made by you through the Platform.  Although Revlo generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Platform, you understand, agree and acknowledge that Revlo cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform or any Services.

DISCLAIMER AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY, OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, STATUTORY, IMPLIED, COLLATERAL OR OTHERWISE. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. REVLO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES. REVLO DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT. IN ADDITION, REVLO EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE PLATFORM.

REVIEWS, LOYALTY PROGRAM INFORMATION and ANY INFORMATION ABOUT PRODUCTS OR SERVICES DISPLAYED ON OR THROUGH THE PLATFORM ARE INTENDED ONLY AS GENERAL GUIDELINES, AND REVLO DOES NOT GUARANTEE THEIR ACCURACY, SUFFICIENCY, TIMELINESS OR FITNESS FOR A PARTICULAR PURPOSE. REVLO MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF ANY LOYALTY PROGRAM OR THE PROVISION OF ANY PRODUCTS OR SERVICES TO YOU IN CONNECTION THEREWITH.

TO THE FULLEST EXTENT PERMITTED BY LAW, REVLO DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL REVLO BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT REVLO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR ARISING IN RESPECT OF ANY LOYALTY PROGRAM OR YOUR PARTICIPATION THEREIN.

A STREAMER PROVIDING A LOYALTY PROGRAM AND RELATED GOODS OR SERVICES THROUGH THE PLATFORM IS AN INDEPENDENT PERSON OR ENTITY AND NOT A CONTRACTOR, AGENT OR EMPLOYEE OF REVLO. REVLO IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY STREAMER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES, LOSSES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR ANY LOYALTY PROGRAM.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL CUMULATIVE AGGREGATE LIABILITY OF REVLO IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING IN CONNECTION WITH ANY LOYALTY PROGRAM OR ANY PRODUCTS OR SERVICES PROVIDED BY THE STREAMER IN CONNECTION THEREWITH, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THESE TERMS OF USE, A LOYALTY PROGRAM OR ANY PRODUCTS OR SERVICES PROVIDED BY A STREAMER IN CONNECTION THEREWITH, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, ANY OF THE FOREGOING EXCEED $10.00 OR THE EQUIVALENT IN LOCAL CURRENCY.  FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Indemnification

You will defend, indemnify and hold harmless Revlo and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:

(1) your breach of any of your warranties, representations or obligations under these Terms of Use or any documents referenced herein;

(2) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);

(3) your use of the Platform;

(4) breach of or failure to perform under any Streamer Contract by you or by any third party acting on your behalf or with your permission; or

(5) your participation in the Loyalty Program.

Geographic Application of the Platform

Not all elements of the Platform may be available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.

Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. These laws apply to your access to or use of the Platform or the Content, notwithstanding your domicile, residency or physical location. The Platform and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.

Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Platform or the Content.

Entire Agreement, Waiver and Severability

These Terms of Use (including any documents incorporated by reference herein) constitute the entire agreement between Revlo and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Revlo with respect to the Platform. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Revlo's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.

If any of the provisions contained in these Terms of Use conflict with the terms of another agreement between the parties (such as the terms of any Streamer Contract), then these Terms of Use will prevail.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

The following terms of use (the "Terms of Use") govern your access to and use of: (1) the loyalty program administration service (the “Service”) operated by Revlo on your behalf; (2) the Revlo online platform, including the website located at www.revlo.co (the “Website”), facilitating access to and administration of your Channel viewer loyalty program that is utilizing the Service (the “Loyalty Program”); and (3) all other services provided by Revlo to you through or in connection with the Service, the Loyalty Program, the Channel, the Website or otherwise (collectively, but excluding the Loyalty Program, the "Platform”). These Terms of Use form an agreement between 2458487 Ontario Inc. d/b/a Revlo ("Revlo", “us”, “we”, “our”) and you. The term “you” refers to the person or entity streaming or otherwise providing online video content through a channel on the Twitch.tv website that is utilizing the Service (the “Channel”) to track persons visiting, browsing or otherwise using the Channel (each, a “Viewer”). By accessing and using (the term “use” when used herein will mean access or use, and using will have a corresponding meaning) the Platform, you accept and agree to be bound by and comply with these Terms of Use. If you do not accept and agree to be bound by these Terms of Use, please do not use the Platform. If you are using the Platform on behalf of another person or a corporate entity, you represent and warrant to Revlo that you have the authority to bind such person or entity to these Terms of Use.

The Platform is provided solely to (collectively, as may be modified from time to time by Revlo in our discretion and without notice, the “Permitted Use”) enable you to manage and administer your Loyalty Program, including in respect of Viewers.

Changes to these Terms of Use and Platform

Except where prohibited by applicable law, Revlo reserves the right to change these Terms of Use at any time without notice to you. Your continued access to or use of the Platform after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.

Revlo reserves the right to change any information, material or content (including, but not limited to, price, description, features, contact information, availability of the Service, the Platform or the Loyalty Program) contained on or provided through the Platform (the "Content") at any time, and from time to time, without notice.

Use of the Platform

As a condition of your use of the Platform, you represent and warrant to, and covenant with Revlo that: (1) you are at least thirteen (13) years of age; (2) you possess the legal authority to create a binding legal obligation for yourself, or if you are using the Platform on behalf of another person or entity, then you possess the legal authority to create a binding legal obligation for that other person or legal entity; (3) you will use the Platform in accordance with these Terms of Use; and (4) all information supplied by you on the Platform is true, accurate, current and complete.

Revlo retains the right, at its sole discretion, to deny access to anyone to the Platform or the services it offers, at any time and for any reason, including, but not limited to, for violation of these Terms of Use. You will cease and desist from any such access or use immediately upon request by Revlo.

License Grants

Subject to these Terms of Use, Revlo grants you a personal, revocable, non-exclusive and non-transferable license during the Term to permit you to access and use the Platform in accordance with these Terms of Use.

Subject to these Terms of Use, you grant to Revlo a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that: (1) you load, transmit to or enter into the Platform; or (2) we collect from your local computer system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof solely for the purpose of: (A) providing the Service to you and the Viewers; (B) complying with applicable law; and (C) Revlo’s reasonable audit and data retention policies.

User Account

You will be required to successfully sign up for a user account (the “User Account”) using the available interfaces at the Platform and be issued with a username and password login credentials by Revlo (“User ID”) in order to use the Platform and manage your Loyalty Program. If you are issued with a User ID, you will keep your User ID secure and will not share your User ID with anyone else.  Revlo reserves the right to disable any User Account issued to you at any time in Revlo’s sole discretion.  If Revlo disables access to a User Account issued to you, you may be prevented from accessing Revlo, your account details or any Services that are associated with your account.

Term and Termination

These Terms of Use will commence on the day you first use the Platform and will continue into force until terminated by either party in accordance herewith (the “Term”).  These Terms of Use may be terminated as follows: (1) Revlo may terminate these Terms of Use at any time and with immediate effect by giving notice to you, at Revlo’s discretion, by email (at your current email address on file with Revlo) or through the Platform; and (2) you may terminate these Terms of Use at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Platform) that your User Account be deleted, and ceasing use of the Platform.  Upon the expiration or termination of these Terms of Use for any reason, your Loyalty Program will also be automatically terminated and all Viewer accounts therein will automatically be terminated without any compensation.  It is your responsibility to provide appropriate notification to any affected Viewers and make all necessary Loyalty Program termination arrangements with them.

Loyalty Program and Your Relationship with Viewers

The Platform permits Viewers to participate in your Loyalty Program and accumulate points that you may allow Viewers to redeem or exchange for such goods or services as you may choose to offer them from time to time. If you choose to allow Viewers to participate in the Loyalty Program through the Platform (whether or not you also choose to make any goods or services available to Viewers for redemption in exchange for Loyalty Program points), you will separately enter into an agreement with each in respect of such Viewer’s participation in the Loyalty Program and the terms and conditions in respect of any goods or services that you may choose to make available to that Viewer for redemption in exchange for points accrued in the Loyalty Program (the “Broadcaster Contract”). For example, the Broadcaster Contract may contain: (1) a description of the products or services to be provided by you in exchange for points accrued by Viewers in the Loyalty Program; (2) Loyalty Program description and participation terms and conditions; and (3) any other terms and conditions as communicated between you and the Viewer through the Platform or otherwise.  Broadcaster agrees that it has and will at all times maintain the full right and authority (including by way of any consents and notices for the collection, use and disclosure of personal information) necessary for Revlo to conduct the Loyalty Program services.

You understand and agree that the Loyalty Program (including any products or services that may be available to redeem for points in the Loyalty Program) is provided by you to the Viewer and not by or to Revlo, and that Revlo is not a party to and will be in no way responsible for the performance of either you or a Viewer under any Broadcaster Contracts.  Without limiting the generality of the foregoing, Revlo will have no responsibility or liability to you in respect of the Loyalty Program or any products or services that you may make available to Viewers in exchange for points accrued in the Loyalty Program.  Revlo reserves the right, in its sole discretion, to limit, suspend or terminate your Loyalty Program or the participation or account in, or points accrued with, the Loyalty Program by one or more Viewers at any time and without any compensation or notice to you or the Viewer.   Points must have no cash, monetary or other value and cannot be converted into any currency. Points can be redeemed for goods or services that Broadcasters may offer from time-to-time.

Revlo does not make any representations, warranties or guarantees of any kind in respect of a Viewer, the Loyalty Program, any Broadcaster Contract or any products or services provided by you to Viewers or otherwise in connection with the Loyalty Program. You agree to act in good faith in all your dealings with Viewers, in your management of the Loyalty Program and in performing your obligations under any Broadcaster Contract.  You agree that your Loyalty Program, including the rewarding of any goods or services, will be conducted in accordance with applicable law.

Reviews and Comments

By submitting content to the Platform or Revlo, including any reviews, questions, comments, suggestions, ideas or similar information (collectively, “Submissions”), you grant Revlo and its affiliates, a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to: (1) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (2) use the name that you submit in connection with such Submission. You acknowledge that Revlo may choose to provide attribution of your Submissions (for example, listing your name and city on a review that you submit) at our discretion, and that such submissions may be shared with Viewers and others using our Platform. You further grant Revlo the right to pursue at law any person or entity that violates your or Revlo’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

Revlo takes no responsibility and assumes no liability for any Submissions posted or submitted by you.  Revlo has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Platform.  If you do not agree to these terms, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to the Platform. You will not post or transmit to or from the Platform: (1) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy, or that would violate any law; (2) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); or (3) any material or content that infringes, misappropriates or violates any copyright, trade-mark, patent right or other proprietary right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Platform. You acknowledge that Revlo may exercise its rights in respect of any Submissions without any notice to you.

Ownership

All Content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Platform, are owned or licensed by Revlo and are protected by copyright, trade-mark and other intellectual property laws.

Revlo expressly reserves all rights in the Platform and all materials provided by Revlo in connection with these Terms of Use that are not specifically granted to you. You acknowledge that all rights, title and interest in the Platform, all materials provided by Revlo in connection with these Terms of Use (including the Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Revlo (or third party suppliers, if applicable), and that access to the Platform and all materials provided by Revlo hereunder are licensed and not “sold” to you.

Privacy Policy

Please click here to review our current Privacy Policy, which contains important information about our practices in collecting, storing, using and disclosing your personal information, and which is hereby incorporated into and forms a part of these Terms of Use: https://www.revlo.co/p/legal/privacy-policy.

No Unlawful or Prohibited Use

You will not, without Revlo's prior written permission, use the Platform and the Content for purposes other than the Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to: (1) “frame”, “mirror” or otherwise incorporate the Platform or the Content or any part thereof on any commercial or non-commercial website; (2) access, monitor or copy any part of the Platform or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (3) violate the restrictions in any robot exclusion headers on the Content or the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (4) take any action that imposes, or may impose, in Revlo’s discretion, an unreasonable or disproportionately large load on the Platform; (5) deep-link to any portion of the Platform for any purpose; (6) remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Platform or the Content; (7) modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Platform, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform; (8) use the Platform or Content as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by Revlo and only in the exact manner specified and enabled by us; (9) attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform; (10) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform or the Content; (11) create derivative works based on the Platform or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Platform or the Content; (12) use or access the Platform in a manner that violates the rights (including, but not limited to intellectual property or privacy rights) of any third party; (13) upload to or transmit through the Platform any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by Revlo in its sole discretion; or (14) collect or harvest any personal information of any other user of Revlo, including account names and electronic addresses.

Third Party Channels

The Platform may provide links to third party websites. Revlo does not endorse the information contained on such websites or guarantee its quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Revlo’s control, and if you choose to access any such website, you do so entirely at your own risk.

Viruses

The downloading and viewing of Content is done at your own risk. Revlo cannot and does not guarantee or warrant that the Platform or the Content are compatible with your computer system or that the Platform or the Content, or any links from the Platform or the Content, will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform.

Communications Not Confidential

Revlo does not guarantee the confidentiality of any communications made by you through the Platform.  Although Revlo generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Platform, you understand, agree and acknowledge that Revlo cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform or any Services.

DISCLAIMER AND LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY, OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, STATUTORY, IMPLIED, COLLATERAL OR OTHERWISE. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK. REVLO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE PLATFORM OR THE CONTENT. THE PLATFORM AND THE CONTENT MAY INCLUDE ERRORS, OMISSIONS AND INACCURACIES. REVLO DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT. IN ADDITION, REVLO EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE PLATFORM.

REVIEWS, LOYALTY PROGRAM INFORMATION and ANY INFORMATION ABOUT PRODUCTS OR SERVICES DISPLAYED ON OR THROUGH THE PLATFORM ARE INTENDED ONLY AS GENERAL GUIDELINES, AND REVLO DOES NOT GUARANTEE THEIR ACCURACY, SUFFICIENCY, TIMELINESS OR FITNESS FOR A PARTICULAR PURPOSE. REVLO MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF THE LOYALTY PROGRAM OR THE PROVISION OF ANY PRODUCTS OR SERVICES TO YOU IN CONNECTION THEREWITH.

TO THE FULLEST EXTENT PERMITTED BY LAW, REVLO DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM, THE LOYALTY PROGRAM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE PLATFORM, THE LOYALTY PROGRAM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL REVLO BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT REVLO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR ARISING IN RESPECT OF THE LOYALTY PROGRAM.

THE VIEWER PARTICIPATING IN THE LOYALTY PROGRAM AND RECEIVING RELATED GOODS OR SERVICES THROUGH THE PLATFORM IS AN INDEPENDENT PERSON OR ENTITY AND NOT A CONTRACTOR, AGENT OR EMPLOYEE OF REVLO. REVLO IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF VIEWERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES, LOSSES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR ANY PRODUCTS OR SERVICES OR THE LOYALTY PROGRAM.

TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL CUMULATIVE AGGREGATE LIABILITY OF REVLO IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING IN CONNECTION WITH THE LOYALTY PROGRAM OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THESE TERMS OF USE, THE LOYALTY PROGRAM OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION THEREWITH, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, ANY OF THE FOREGOING EXCEED $10.00 OR THE EQUIVALENT IN LOCAL CURRENCY.  FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.

The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Indemnification

You will defend, indemnify and hold harmless Revlo and all of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought in connection with or as a result of:

(1) your breach of any of your warranties, representations or obligations under these Terms of Use or any documents referenced herein;

(2) your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);

(3) your use of the Platform;

(4) breach of or failure to perform under any Broadcaster Contract by you or by any third party acting on your behalf or with your permission; or

(5) the operation of the Loyalty Program or any Viewer’s participation therein (including claims by Viewers in respect of the Loyalty Program).

Geographic Application of the Platform

Not all elements of the Platform may be available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.

Governing Law and Jurisdiction

These Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. These laws apply to your access to or use of the Platform or the Content, notwithstanding your domicile, residency or physical location. The Platform and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.

Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario, Canada in all disputes arising out of or relating to the use of the Platform or the Content.

Entire Agreement, Waiver and Severability

These Terms of Use (including any documents incorporated by reference herein) constitute the entire agreement between Revlo and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Revlo with respect to the Platform. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Revlo's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right.

If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein.

If any of the provisions contained in these Terms of Use conflict with the terms of another agreement between the parties (such as the terms of any Broadcaster Contract), then these Terms of Use will prevail.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.