Terms Of Service

Last revised: September 23, 2015

These Terms of Service ("Terms") govern your access to and use of services provided by Kindr Inc. dba Reveal ("Reveal" or "Company"), including any Reveal applications (including mobile applications), wallet software, and websites (the "Services"), and any videos, information, text, graphics, drawings, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). By accessing or using the Services, or creating a Reveal account ("Account" or "Reveal Account") or otherwise expressly manifesting your assent to these Terms, you signify that you have read, understood, and agree to be bound by these Terms, to the collection and use of your information as set forth in our Privacy Policy, and our Community Rules, whether or not you are a registered user of our Services.

These Terms of Service affect your legal rights and obligations. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

If you do not agree to be bound by all of these Terms of Service, do not access or use the Service.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you (i) at least thirteen (13) years of age, (ii) can form a binding contract with Reveal and (iii) are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

When you first create a Reveal Account, we may ask for your mobile number in order to verify your Account by text message and any applicable text messaging fees of your mobile network operator (the “Carrier”) will apply.

Your use of the Services may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of Carrier, which are your sole responsibility.

The Services that Reveal provides are always evolving and the form and nature of the Services that Reveal provides may change from time to time without prior notice to you. In addition, Reveal may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Reveal on the Services are subject to change. In consideration for Reveal granting you access to and use of the Services, you agree that Reveal, third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

By using the Services, you agree that Reveal may provide you with any notices or other communications about your Reveal Account and the Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the Reveal website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, you must cease use of the Services and cancel your Account in accordance with Section 12 of these Terms.

2. Privacy

Any information that you provide to Reveal is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Reveal. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Reveal Account, which you may not be able to opt-out from receiving.

3. Password Security and Keeping Your Contact Information Current

You are responsible for safeguarding the passwords or credentials that you use to access the Services and for any activities or actions under your Account. You may never use another User’s Account without permission. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols, and are at least 8 characters long) with your Account and with other Accounts that you may connect to your Reveal Account. You may control your User profile and Account settings by changing the settings that are accessible from your Profile screen. Reveal cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

You are responsible for keeping your email address and telephone number up to date in your Account profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event that you believe that your Reveal Account has been compromised contact Reveal support at [email protected] immediately.

4. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the Services and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances, including if you elected for Reveal to select Accounts to follow on your behalf, will Reveal be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

5. Your Content Rights

By posting or otherwise making available any Content on or through the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

You agree that this license includes the right for Reveal to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Reveal for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Reveal, or other companies, organizations or individuals who partner with Reveal, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. For example, if you choose to share a Reveal through your connected Twitter account, we will adapt your Content so that it can be attached to a Tweet in a Twitter card.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Reveal cannot prevent viewers of your Content from capturing and saving the Content by taking a screenshot or using an image capture device. Though Content may typically become inaccessible after a certain period of time, Reveal cannot guarantee that it will become inaccessible in all instances, in any particular time frame, or from alternative access methods such as hacking or cracking. Reveal will not be responsible or liable for any use of your Content by Reveal in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6. Your License to Use the Services

Reveal gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Reveal as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Reveal, in the manner permitted by these Terms.

7. Rewards Program

In addition to, and in conjunction with, its other Services, Reveal offers a "Rewards Program" as a way of thanking its users. Participation in the Rewards Program is automatic, and is likewise governed by these Terms. As a part of this program you may earn certain digital assets (the "Rewards“, also known as "Reveal Coin” or “RVL”) based on activities specified by Reveal from time to time and performed by you or others (“Activities”).

Reveal Coin have no value other than being redeemable with Reveal for Content on the Reveal app. The only entity with whom you can redeem your Reveal Coin is Reveal. Any Reveal Coin you earn will be collected and held in your “Reveal Wallet,” which is created automatically when you create your Reveal Account. Reveal Coin is non-refundable and may not be redeemed for cash or other monetary value through Reveal. The fact that you have Reveal Coin in your Reveal Wallet does not convey any property rights to you. Once Reveal Coin has been redeemed with Reveal for Content on the Reveal app, the Reveal Coin will be “burned” and removed from distribution.

A. REVEAL’S RIGHTS

Decentralized protocols allowing the issuance and trading of digital assets are a relatively new technology, and businesses are finding new and innovative ways to use them. Accordingly, the regulatory environment surrounding these assets is still in flux. As a result, it is necessary for Reveal to maintain broad flexibility in its implementation of the Rewards Program. Reveal therefore reserves the right to change any and all program details, at any time, with or without notice, and at the sole discretion of Reveal.

Reveal may limit your ability to participate in the Rewards Program in its sole and absolute discretion, and may void any Rewards, or potential Rewards you may have earned or accumulated, including (without limitation) if you do not comply with these Terms. You agree to abide by the final and binding decisions of Reveal regarding the Rewards Program and your participation in it. Reveal reserves the right to change, suspend, or cancel all or a portion of the program, including any Rewards you may have accrued, at any time without notice, and for a duration to be determined in our sole and absolute discretion, including (without limitation) indefinite suspension or cancellation.

Reveal reserves complete and sole discretion with respect to the operation of the Services, including distribution and redemption of Reveal Coin. Reveal may, without limitation, delay distribution for all users, a group of users or individual users for any reason, including if the Account or Account activity appears suspicious.

WITHOUT LIMITING THE FOREGOING, REVEAL DOES NOT WARRANT THAT THE PROCESS FOR DISTRIBUTING REVEAL COIN WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.

B. REPRESENTATIONS, AGREEMENTS AND ACKNOWLEDGMENTS BY YOU

Related to the Rewards Program and Reveal Coin, you must agree, acknowledge and represent that each of the following is true:

  • Reveal Coin is not a security or an investment contract. Reveal is owned by Kindr Inc., a corporation incorporated in the State of Delaware. Reveal’s securities, including its common stock, are completely separate and apart from Reveal Coin and any Rewards offered to Reveal's users. Reveal Coin is not reliant on the managerial control of others. The issuance of Reveal Coin and the Rewards Program does not constitute an offer or sale of securities in any jurisdiction.
  • You are not making an investment in Reveal Coin. Reveal does not sell Reveal Coin. You are not receiving Reveal Coin as an investment. You are not purchasing Reveal Coin and you agree not to spend money or invest other assets, directly or indirectly, with the purpose of acquiring Reveal Coin through this Rewards Program. Further, you agree to only participate in the Activities in which you would participate regardless of whether Reveal Coin were offered, whether as a form of entertainment, for personal enjoyment, to provide benefit to others, or another reason.
  • You do not expect financial gain from Reveal Coin. Your engagement in the Activities is not in any way based upon any expectation of profit or compensation of any kind, monetary or otherwise, from Reveal, Reveal Coin or any other Reveal user.
  • Ownership of Reveal Coin carries no express or implied voting, governance or similar rights. Holders of Reveal Coin will not have any voting, control or related rights regarding, or any right to influence the governance, operations, practices or procedures of, Reveal, Reveal’s platform, Reveal Coin or any Services offered by Reveal.
  • Your primary motivation for participating in the Rewards Program is the use of Reveal’s Services, including its content sharing services. The fact that you may receive Reveal Coin or Rewards as a result of your use of the Services and participation in the Rewards Program is an ancillary benefit.
  • Reveal Coin has no cash value and is only redeemable with Reveal for Content. Reveal does not facilitate the exchange or resale of Reveal Coin for cash or monetary value. Furthermore, Reveal Coin has no equivalent value in real currency and does not serve as a substitute for real currency.

If you are of the view that any of the foregoing is not true, you may not access the Services. If, from your perspective, any of the foregoing becomes untrue at any point in the future you agree to cease use of the Services and to forfeit any Reveal Coin back to Reveal for no consideration.

C. NO MANIPULATION

You agree not to use any means to artificially inflate your Rewards, directly or indirectly, including manual methods. You may not use deceptive Content or offer compensation for other users to engage in Activities that would increase your Rewards, nor promise to raise money for third parties in exchange for such behavior.

D. LAWS AND TAXES

You are solely responsible for satisfying any and all applicable legal rules and/or obligations arising from your use of the Services in a given jurisdiction. This includes responsibility to determine what, if any, taxes apply to the Rewards you receive. It is your responsibility to report and remit the correct tax to the appropriate tax authority, and Reveal is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes that arise from your use of the Services.

Reveal reserves the right to request that you provide your full legal name, date of birth, and any other identifying information as may be required by state, federal or international financial laws, including anti-money laundering laws and anti-terrorist financing laws, in connection with the Rewards Program, and has sole discretion to modify or terminate your use of the Services for failure or refusal to provide such information.

E. UNDERLYING TECHNOLOGY AND YOUR REVEAL WALLET

As a convenience to you, Reveal functions as a gateway on the Stellar Development Foundation’s Stellar network (“Stellar Network”), an open source, person-to-person payment network platform that allows users to engage in transactions between themselves by using cryptographically signed transactions in various currencies. Through various exchange algorithms, the Stellar Network matches buyers and sellers of various currencies. Reveal provides users with Stellar wallets which are created and supported by the open source Stellar Network; however, Reveal does not hold or exchange any currency on behalf of its users in its capacity as a gateway on the Stellar Network and does not facilitate the exchange of Reveal Coin for any value on the Stellar Network. Your use of the Stellar Network is at your own discretion and risk. If you initiate a transfer through the Stellar Network you acknowledge that Reveal can neither confirm the identity of the intended recipient nor reverse any such transfers. Reveal is not liable for Reveal Coin lost as a result of any such transfers through the Stellar Network. Any disputes regarding transactions with a third party through the Stellar Network must be handled directly with the third party.

Furthermore, Reveal does not guarantee the stability, availability or any particular functionality of the Stellar Network. You may lose access to your Stellar wallet and any funds associated with your Stellar wallet if the Stellar Network ceases to operate for any reason. You are responsible for safeguarding credentials of your Stellar wallet and access to your Reveal Account. Any unauthorized access is your responsibility. Your use of Stellar technology is at your own risk.

Any third party that gains access to the email, username and/or password registered with your Account may be able to access your Stellar wallet. To guard against any improper access to the wallet you should (i) select a highly secure password for both your registered email address and your Reveal Account, and (ii) not share those passwords with anyone.

If you choose to hold your Reveal Coin in your Stellar wallet, you do so at your own risk. You explicitly agree to fully indemnify and hold harmless Reveal for any loss of your Rewards that may occur as a result of hacking, cracking, or other means by third parties on the Stellar Network.

F. OFF-SERVICES INTERACTIONS

Reveal does not have any authority or responsibility to prohibit, restrict, rescind, or approve any transaction or other interaction that occurs through the Stellar protocol. Further, Reveal is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other participant, person or organization using the Stellar protocol, regardless of whether such other participant is also a user of the Services, and including with respect to the transfer of any Reveal Coin.

G. PROGRAM DISPUTES

If you believe that Reveal has made an error with respect to your Rewards, please contact Reveal’s support team at [email protected], or you may write to us at 55 E. 3rd Ave, San Mateo, CA 94401 USA. In your correspondence you must give us information sufficient to identify you, your Reveal Account, and the specific nature of the error which you believe has occurred. Unless otherwise required by law, you must contact us within 30 days after the error is suspected to have occurred. Unless otherwise required by law, we will use our best efforts to resolve the error within 30 days of receiving your request.

8. Reveal’s Content Rights

All rights, titles, and interests in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Reveal and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Reveal reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Reveal, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

9. Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend or terminate users or reclaim usernames and profile URLs without liability to you. You may not post Content that:

  • Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
  • Is a direct and specific threat of violence to others;
  • Is pornographic or sexually explicit;
  • Is furtherance of illegal activities; or
  • Is harassing, abusive, or constitutes spam.

Additional detail regarding prohibited activities with respect to the Services is provided in the rules available on Reveal's website (the "Reveal Rules").

Reveal reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Reveal, its users and the public.

Reveal does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Reveal's computer systems, or the technical delivery systems of Reveal's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Reveal (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Reveal (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Reveal is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (vi) interfere, disrupt or attempt to gain unauthorized access to other Accounts on the Services or any other computer network; (vii) disseminate, store or transmit viruses, scareware, trojan horses or other malicious code or program; (viii) use the services to engage in or support any phishing, spoofing or similar attack; (ix) use the Services to engage in or support fraudulent and/or criminal activity; or (x) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of these Terms of Service.

Reveal reserves complete and sole discretion with respect to the operation of the Services. Reveal may, among other things, withdraw, suspend or discontinue any functionality or feature of the Services, promotional campaigns, Rewards Program or the applications used to access the Services.

Accessing any audiovisual content that may be available on the Services for any purpose or in any manner other than "Streaming" (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Service. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Services to your device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by you.

The Service is controlled and operated from facilities in the United States. Reveal does not make any representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the Service from a country embargoed by the United States, or if you are a person or entity blocked or denied by the United States government.

10. Mobile Software

A. GENERALLY. Reveal makes available software to access the Services via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Reveal does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Reveal hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Reveal Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Reveal may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Reveal or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Reveal reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Services.

B. MOBILE SOFTWARE FROM ITUNES. The following applies to any Mobile Software you acquire from Apple, Inc.'s ("Apple") iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.

11. Copyright Policy

Reveal respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Reveal will also terminate a user's Account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

  • Copyright Agent - Reveal
  • 444 Townsend St., Suite #5
  • San Francisco, CA 94107
  • Email: [email protected]

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Reveal and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Reveal has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Reveal may also at its sole discretion limit access to the Services and/or terminate your Account if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

12. Ending These Terms

The Terms will continue to apply until terminated by either you or Reveal as follows. You may end your legal agreement with Reveal at any time for any reason by emailing us at [email protected] to deactivate your Accounts and discontinuing your use of the Services.We may suspend or terminate your Accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if Reveal reasonably believes: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) our provision of the Services to you is no longer commercially viable; (iv) you are using your Reveal Account in furtherance of illegal activity; or (v) you take any action that Reveal deems as circumventing Reveal’s controls, including, but not limited to, abusing promotions which Reveal may offer from time to time. We will make reasonable efforts to notify you by the email address associated with your Account or through the Services the next time you attempt to access your Account.

If you have any Reveal Coin in your Reveal Wallet through the Services at the time that Reveal informs you that your Account has been or will be terminated, you will have a period of ninety (90) days to redeem your Reveal Coin with Reveal or otherwise use your Reveal Coin as permitted by these Terms, unless otherwise required by applicable law or a court order.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 9, 12, 13 and 14.

Nothing in this section shall affect Reveal's rights to change, limit or stop the provision of the Services without prior notice, as provided in these Terms.

13. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Reveal and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Reveal Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and Reveal to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Reveal to be treated as agents of the other.

A. THE SERVICES ARE AVAILABLE "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, REVEAL ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Reveal Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications and ledgers maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (v) whether content seemingly inaccessible becomes accessible. No advice or information, whether oral or written, obtained from Reveal Entities or through the Services, will create any warranty not expressly made herein.

THE COMPANY IS NOT ACTING AND CANNOT ACT AS YOUR ADVISOR WITH RESPECT TO ANY FINANCIAL, LEGAL, INVESTMENT OR TAX MATTERS. ANY INFORMATION PROVIDED BY THE COMPANY IS FOR GENERAL INFORMATION ONLY, AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER OR NOT TO USE THE SERVICES. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE SUBJECT TO EXPORT RESTRICTIONS AND ECONOMIC SANCTIONS IMPOSED BY US LAW.

B. LINKS

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Reveal Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE REVEAL ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN CONNECTION WITH (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (v) THE USE OF REVEAL COIN; (vi) ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; (vii) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (viii) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; OR (ix) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON COMPANY OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE REVEAL ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID REVEAL, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

You agree to hold harmless and indemnify Reveal, its directors, officers, employees and agents from and against any action, cause, claim, suit, judgment, damage (actual and consequential), debt, demand, expense or liability (including reasonable costs and attorney’s fees) of every kind and nature, asserted by any person, arising from or in any way related to: (i) your use of and access to the Services, the Reveal Coin or Reveal websites, including any data or content transmitted or received by you; (ii) your violation of any term of these terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property right; (iv) your violation of any applicable law, rule, or regulation; (v) your Content or any content that is submitted via your Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE REVEAL ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

14. General Terms

A. SPECIAL TERMS REGARDING APPLE

If you are downloading the app(s) from the Apple, Inc. (“Apple”) App Store or if you are using the app(s) on an iOS-based device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. Your use of the software must at all times be in accordance with the Usage Rules set forth in the Apple, Inc. App Store Terms of Service. These Terms are between you and Reveal only, not with Apple, and Apple is not responsible for the Service and the content thereof. These Terms are not intended to provide for usage rules for software that are less restrictive than the Usage Rules set forth for “Licensed Applications” in, or that otherwise conflict with, the Apple, Inc. App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App(s) to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App(s) infringe that third party’s intellectual property rights. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

B. WAIVER AND SEVERABILITY

The failure of Reveal to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

C. CHANGE OF CONTROL

In the event that Reveal is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

D. CONTROLLING LAW AND JURISDICTION

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM REVEAL. For any dispute with Reveal, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Santa Clara County, California, unless you and Reveal agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

E. ENTIRE AGREEMENT

These Terms, the Reveal Rules and our Privacy Policy are the entire and exclusive agreement between Reveal and you regarding the Services (excluding any services for which you have a separate agreement with Reveal that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Reveal and you regarding the Services.

Reveal reserves the right to change or modify the terms and conditions contained in these Terms or any policy or guideline of the Services, at any time and in its sole discretion. We will provide notice of these changes by posting the revised Terms to our website at http://reveal.me/tos and changing the “Last Revised” date at the top of the Terms, or by providing other means of notice as Reveal will determine each time in its sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Any changes or modifications will be effective immediately upon posting the revisions to our website, and will apply to your subsequent use of the Services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Services will confirm your acceptance of such changes or modifications; therefore, you should review the Terms and applicable policies whenever you use the Services to understand the terms that apply to such use. The most current version of the Terms can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of our web pages, or the “Terms of Service” button found in the settings screen of our mobile apps. If you do not agree to the Terms in effect when you access or use the Services, you must stop using the Services.

These Services are operated and provided by Reveal Inc., a dba of Delaware C-Corporation Kindr Inc., located at 55 E. 3rd St, San Mateo, CA 94103. If you have any questions about these Terms, please contact us at [email protected].