Terms and Conditions Applicable to Consumers

  1. Contractual Relationship
  1. These Terms of Use ("Terms") govern the access to, or use by you, an individual, of applications, websites, content, products, and services (the "Platform") made available in the United States and its territories by bthere.tv, Inc. and its subsidiaries and affiliates (collectively, "Bthere"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. In these Terms, the words "including" and "include" mean "including, without limitation."
  1. Your access to and use of the Platform constitutes your agreement to be bound by these Terms, which establishes a contract between you and Bthere. If you do not agree to these Terms, you may not access or use the Platform. These Terms expressly supersede prior agreements or arrangements between you and Bthere. Bthere may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Platform or any portion thereof, at any time for any reason.
  1. Bthere may amend the Terms related to the Platform from time to time. Amendments will be effective upon Bthere's posting of such updated Terms at this location. Your continued access to or use of the Platform after such posting constitutes your consent to be bound by the Terms, as amended.
  1. Our collection and use of personal information in connection with the Platform is as provided in Bthere's Privacy Policy located at {INSERT URL REFERENCE TO PRIVACY POLICY}.

  1. The Platform
The Platform constitutes a technology ecosystem that enables users of Bthere's mobile applications or websites provided as part of the Platform to arrange and schedule videography services with third party providers of such videography services, including independent third party videography providers under agreement with Bthere or its affiliates ("Third Party Providers"). Unless otherwise agreed by Bthere in a separate written agreement with you, the Platform is made available solely for your personal, noncommercial use.

  1. License
Subject to your compliance with these Terms, Bthere grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Platform on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Bthere and Bthere's licensors.

  1. Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform except as expressly permitted by Bthere; (iii) decompile, reverse engineer or disassemble the Platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform; or (vi) attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks.

  1. Provision of the Platform
You acknowledge that portions of the Platform may be made available under Bthere's various brands or request options associated with videography services or goods. You also acknowledge that the Platform may be made available under such brands or request options as Bthere deems appropriate in its sole discretion.

  1. Third Party Services and Content
The Platform may be made available or accessed in connection with third party services and content (including advertising) that Bthere does not control (e.g. including services or content from your mobile device carrier or internet service provider). You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Bthere does not endorse such third party services and content and in no event shall Bthere be responsible or liable for any products or services of such third party providers. Your access to the Platform using mobile or other computing devices is subject to terms set forth in the applicable third party service provider's terms of service.

  1. Ownership
The Platform and all rights therein are and shall remain Bthere's property or the property of Bthere's licensors. Neither these Terms nor your use of the Platform convey or grant to you any rights: (i) in or related to the Platform except for the limited license granted in section III above; or (ii) to use or reference in any manner Bthere's company names, logos, product and service names, trademarks or service marks or those of Bthere's licensors.

  1. Your Use of the Platform
    1. User Accounts.
    In order to use the Platform, you must register for and maintain an active personal user account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Bthere certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Platform, or Bthere's termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Bthere in writing, you may only possess one Account.
    1. User Requirements and Conduct.
    The Platform is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Platform, and you may only use the Platform for lawful purposes. You will not use the Platform to cause nuisance, annoyance, inconvenience, fear, or damage of any kind, including reputational damage, whether to the Third Party Provider or any other person or entity. In certain instances you may be asked to provide proof of identity to access or use the Platform, and you agree that you may be denied access to or use of the Platform if you refuse to provide proof of identity.
    1. Text Messaging.
    By creating an Account, you agree that the Platform may send you informational text (SMS) messages in connection with your access to or use of the Platform. You may opt-out of receiving text (SMS) messages from Bthere at any time by texting the word STOP to {CREATE #?} from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may adversely impact your use of the Platform.
    1. User Provided Content.
    Bthere may, in Bthere's sole discretion, permit you from time to time to submit, upload, publish, maintain, or otherwise make available to Bthere through the Platform text, audio, and/or visual content and information, including commentary and feedback related to the Platform, initiation of support requests, or other information related to your use of the Platform ("User Content"). However, by providing User Content to Bthere, you grant Bthere, a compensation-free, worldwide, perpetual, irrevocable, transferrable, license to use, copy, modify, create derivative works of, and publicly display, such User Content solely in connection with the marketing and promotion of the Platform and Bthere's business, without further notice to or consent from you, with or without attribution to you, and without the requirement of payment to you by Bthere or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Bthere the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing, maintaining, or otherwise making available such User Content nor Bthere's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Bthere in its sole discretion, whether or not such material may be protected by law. Bthere may, but shall not be obligated to, review, monitor, or remove User Content, at Bthere's sole discretion and at any time and for any reason, without notice to you.
    1. Network Access and Devices.
    You are responsible for obtaining the data network access necessary to use the Platform. Your mobile network's data and messaging rates and fees may apply if you access or use the Platform from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and Applications and any updates thereto. Bthere does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and other means of electronic communications.

  1. Payment
You understand that access to or use of the Platform may result in charges to you for the Platform or goods and services you provide as a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Platform, Bthere will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Bthere. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Bthere will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by Bthere using the preferred payment method designated in your Account, after which Bthere will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Bthere may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available. As between you and Bthere, Bthere reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Platform at any time in Bthere's sole discretion. Bthere will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Bthere may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Platform or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Bthere does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Bthere (on Bthere's website, in the Platform, or in Bthere's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Bthere provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Platform, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Platform, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

  1. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." BTHERE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BTHERE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM OR ANY SERVICES OR GOODS REQUESTED OR RECEIVED THROUGH ACCESS TO OR USE OF THE PLATFORM, OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. BTHERE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO OR USE OF THE PLATFORM, AND ANY SERVICE OR GOOD REQUESTED OR RECEIVED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

  1. Limitation of Liability
BTHERE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY ACCESS TO OR USE OF THE PLATFORM, EVEN IF BTHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BTHERE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE UPON THE PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BTHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BTHERE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BTHERE'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING VIDEOGRAPHY GOODS OR SERVICES REQUESTED OR RECEIVED THROUGH THE PLATFORM MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL BTHERE'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE PLATFORM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). BTHERE'S PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE VIDEOGRAPHY GOODS AND SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT BTHERE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES OR GOODS REQUESTED OR RECEIVED THROUGH THE PLATFORM THAT ARE PROVIDED TO YOU BY THIRD PARTY PROVIDERS, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION X DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

  1. Indemnity
You agree to indemnify and hold Bthere and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Platform or services or goods requested or received through your use of the Platform; (ii) your breach or violation of any of these Terms; (iii) Bthere's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

  1. Dispute Resolution
    1. Arbitration.
    You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the access to or use of the Platform (collectively, "Disputes") will be resolved by binding arbitration between you and Bthere, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Bthere are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or other form of representative proceeding. Further, unless both you and Bthere otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
    1. Arbitration Rules and Governing Law.
    Any arbitration between the Parties will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org. The Federal Arbitration Act will govern the interpretation and enforcement of the dispute resolution provisions of these Terms.
    1. Arbitration Process.
    A party initiating arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/faces/rules/formsearch?_afrLoop=991733438818082&_afrWindowMode=0&_afrWindowId=1dmnhbf1ek_52#%40%3F_afrWindowId%3D1dmnhbf1ek_52%26_afrLoop%3D991733438818082%26_afrWindowMode%3D0%26_adf.ctrl-state%3D1dmnhbf1ek_124) as well as other forms which may be useful or may otherwise be tailored to the laws of a particular state. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Pennsylvania and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties to these Terms are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
    1. Arbitration Location and Procedure.
    Unless you and Bthere otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Bthere submit to the arbitrator, unless you request a hearing, or the arbitrator requires a hearing. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the less-invasive, less costly, and expedited nature of the arbitration process you and Bthere agree to use.
    1. Arbitrator's Decision.
    The arbitrator will render a decision within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the decision. Judgment on the arbitration decision may be entered in any court having jurisdiction thereof. The arbitrator's award of damages, if any, must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Bthere will not seek, and hereby waives all rights Bthere may have under applicable law to recover, attorneys' fees and expenses if Bthere prevails in arbitration.
    1. Fees.
    Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, Bthere will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
    1. Changes to Dispute Resolution Provisions.
    If Bthere changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Bthere written notice of such rejection by mail or hand delivery to: Bthere.tv, Inc., Attn: Dispute Resolutions, {INSERT ADDRESS}, or by email from the email address associated with your Account to: change-disputes@bthere.tv, within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Bthere in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

  1. Other Provisions
    1. Choice of Law.
    These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., without giving effect to any conflict of law or choice of law principles thereof.
    1. Notice.
    Bthere may give notice by means of a general notice on the Platform, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Bthere, with such notice deemed given when received by Bthere, at any time by first class mail or pre-paid post to Bthere.tv, Inc. {INSERT ADDRESS and/or SETUP SPECIFIC EMAIL ADDRESS TO RECEIVE CLAIMS – just means someone will have to monitor that address or receive forwards from it}
    1. General.
    You may not assign these Terms without Bthere's prior written approval. Bthere may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Bthere's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Bthere or any Third Party Provider as a result of these Terms or use of the Platform. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Bthere's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bthere in writing.



Terms and Conditions Applicable to Third Party Providers

  1. Contractual Relationship
  1. These Terms of Use ("Terms") govern the access to, or use by you, an individual, of applications, websites, content, products, and services (the "Platform") made available in the United States and its territories by bthere.tv, Inc. and its subsidiaries and affiliates (collectively, "Bthere"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. In these Terms, the words "including" and "include" mean "including, without limitation."
  1. Your access to and use of the Platform constitutes your agreement to be bound by these Terms, which establishes a contract between you and Bthere. If you do not agree to these Terms, you may not access or use the Platform. These Terms expressly supersede prior agreements or arrangements between you and Bthere. Bthere may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the Platform or any portion thereof, at any time for any reason.
  1. Bthere may amend the Terms related to the Platform from time to time. Amendments will be effective upon Bthere's posting of such updated Terms at this location. Your continued access to or use of the Platform after such posting constitutes your consent to be bound by the Terms, as amended.
  1. Our collection and use of personal information in connection with the Platform is as provided in Bthere's Privacy Policy located at {INSERT URL REFERENCE TO PRIVACY POLICY}.

  1. The Platform
The Platform constitutes a technology ecosystem that enables users of Bthere's mobile applications or websites provided as part of the Platform to arrange and schedule videography services with third party providers of such videography services, including independent third party videography providers under agreement with Bthere or its affiliates ("Third Party Providers"). Unless otherwise agreed by Bthere in a separate written agreement with you, the Platform is made available solely for your personal, noncommercial use.

  1. License
Subject to your compliance with these Terms, Bthere grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Platform on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Bthere and Bthere's licensors.

  1. Restrictions
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform except as expressly permitted by Bthere; (iii) decompile, reverse engineer or disassemble the Platform except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Platform; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform; or (vi) attempt to gain unauthorized access to or impair any aspect of the Platform or its related systems or networks.

  1. Provision of the Platform
You acknowledge that portions of the Platform may be made available under Bthere's various brands or request options associated with videography services or goods. You also acknowledge that the Platform may be made available under such brands or request options as Bthere deems appropriate in its sole discretion.

  1. Third Party Services and Content
The Platform may be made available or accessed in connection with third party services and content (including advertising) that Bthere does not control (e.g. including services or content from your mobile device carrier or internet service provider). You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Bthere does not endorse such third party services and content and in no event shall Bthere be responsible or liable for any products or services of such third party providers. Your access to the Platform using mobile or other computing devices is subject to terms set forth in the applicable third party service provider's terms of service.

  1. Ownership
The Platform and all rights therein are and shall remain Bthere's property or the property of Bthere's licensors. Neither these Terms nor your use of the Platform convey or grant to you any rights: (i) in or related to the Platform except for the limited license granted in section III above; or (ii) to use or reference in any manner Bthere's company names, logos, product and service names, trademarks or service marks or those of Bthere's licensors.

  1. Your Use of the Platform
    1. User Accounts.
    In order to use the Platform, you must register for and maintain an active personal user account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Bthere certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Platform, or Bthere's termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Bthere in writing, you may only possess one Account.
    1. User Requirements and Conduct.
    The Platform is not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Platform, and you may only use the Platform for lawful purposes. You will not use the Platform to cause nuisance, annoyance, inconvenience, fear, or damage of any kind, including reputational damage, whether to the Third Party Provider or any other person or entity. In certain instances you may be asked to provide proof of identity to access or use the Platform, and you agree that you may be denied access to or use of the Platform if you refuse to provide proof of identity.
    1. Text Messaging.
    By creating an Account, you agree that the Platform may send you informational text (SMS) messages in connection with your access to or use of the Platform. You may opt-out of receiving text (SMS) messages from Bthere at any time by texting the word STOP to {CREATE #?} from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may adversely impact your use of the Platform.
    1. User Provided Content.
    Bthere may, in Bthere's sole discretion, permit you from time to time to submit, upload, publish, maintain, or otherwise make available to Bthere through the Platform text, audio, and/or visual content and information, including commentary and feedback related to the Platform, delivery of video content prepared according to Specifications, initiation of support requests, or other information related to your use of the Platform ("User Content"). You expressly waive unconditionally and irrevocably (a) any "moral rights" and “droit moral”, and (b) any rights you may have in the User Content pursuant to the Visual Artist Rights Act (17 U.S.C. § 106 A(e)), or under any rights of a similar nature under laws now or in the future in force in any jurisdiction. By providing User Content to Bthere or others via the Platform, you grant Bthere a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, transmit, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Platform and Bthere's business), without further notice to or consent from you, with or without attribution to you, and without the requirement of payment to you by Bthere or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Bthere the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing, maintaining, or otherwise making available such User Content nor Bthere's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Bthere in its sole discretion, whether or not such material may be protected by law. Bthere may, but shall not be obligated to, review, monitor, or remove User Content, at Bthere's sole discretion and at any time and for any reason, without notice to you.
    1. Network Access and Devices.
    You are responsible for obtaining the data network access necessary to use the Platform. Your mobile network's data and messaging rates and fees may apply if you access or use the Platform from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Platform and Applications and any updates thereto. Bthere does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and other means of electronic communications.

  1. Payment
You understand that access to or use of the Platform may result in payments or charges to you for the Platform or goods and services you provide as a Third Party Provider ("Transactions"). After you have provided services or goods, including without limitation User Content, through your use of the Platform, Bthere will facilitate your receipt or payment of the applicable Transactions as your limited payment collection agent. Payment of the Transactions in such manner shall be considered the same as payment made directly to you by the user who ordered your goods or services via the Platform. Transactions will be inclusive of applicable taxes where required by law. Transactions paid to you are final and non-refundable, unless otherwise determined by Bthere. Users ordering your goods or services via the Platform retain the right to request lower Transactions from you for dissatisfaction with the services or goods received from you. Bthere will respond accordingly to any request to modify the Transactions for a particular service or good. All Transactions are due immediately and payment will be facilitated by Bthere using the preferred payment method designated in your Account, after which Bthere will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged or credited, you agree that Bthere may, as the limited payment collection agent, use a secondary payment method in your Account, if available. As between you and Bthere, Bthere reserves the right to establish, remove and/or revise Transactions for any or all services or goods obtained through the use of the Platform at any time in Bthere's sole discretion. Bthere will use reasonable efforts to inform you of Transactions that may apply, provided that you will be responsible for Transactions incurred under your Account regardless of your awareness of such Transactions or the amounts thereof. Bthere may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Platform or the Transactions applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Bthere does not designate any portion of user payment as a tip or gratuity to the Third Party Provider. Any representation by Bthere (on Bthere's website, in the Platform, or in Bthere's marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments made or received for services or goods provided is not intended to suggest that Bthere provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while users are free to provide additional payment as a gratuity to any Third Party Provider who provides services or goods obtained through the Platform, users are under no obligation to do so. Gratuities are voluntary. After users have received services or goods obtained through the Platform, users will have the opportunity to rate their user experience and leave additional feedback about a Third Party Provider.

  1. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." BTHERE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BTHERE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM OR ANY SERVICES OR GOODS REQUESTED OR RECEIVED THROUGH ACCESS TO OR USE OF THE PLATFORM, OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. BTHERE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO OR USE OF THE PLATFORM, AND ANY SERVICE OR GOOD REQUESTED OR RECEIVED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

  1. Limitation of Liability
BTHERE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY ACCESS TO OR USE OF THE PLATFORM, EVEN IF BTHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BTHERE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE UPON THE PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BTHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BTHERE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BTHERE'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING VIDEOGRAPHY GOODS OR SERVICES REQUESTED OR RECEIVED THROUGH THE PLATFORM MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL BTHERE'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE PLATFORM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). BTHERE'S PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE VIDEOGRAPHY GOODS AND SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT BTHERE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES OR GOODS REQUESTED OR RECEIVED THROUGH THE PLATFORM THAT ARE PROVIDED TO YOU BY THIRD PARTY PROVIDERS, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION X DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

  1. Indemnity
You agree to indemnify and hold Bthere and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Platform or services or goods requested or received through your use of the Platform; (ii) your breach or violation of any of these Terms; (iii) Bthere's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

  1. Dispute Resolution
    1. Arbitration.
    You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the access to or use of the Platform (collectively, "Disputes") will be resolved by binding arbitration between you and Bthere, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Bthere are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or other form of representative proceeding. Further, unless both you and Bthere otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
    1. Arbitration Rules and Governing Law.
    Any arbitration between the Parties will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org. The Federal Arbitration Act will govern the interpretation and enforcement of the dispute resolution provisions of these Terms.
    1. Arbitration Process.
    A party initiating arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/aaa/faces/rules/formsearch?_afrLoop=991733438818082&_afrWindowMode=0&_afrWindowId=1dmnhbf1ek_52#%40%3F_afrWindowId%3D1dmnhbf1ek_52%26_afrLoop%3D991733438818082%26_afrWindowMode%3D0%26_adf.ctrl-state%3D1dmnhbf1ek_124) as well as other forms which may be useful or may otherwise be tailored to the laws of a particular state. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Pennsylvania and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties to these Terms are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
    1. Arbitration Location and Procedure.
    Unless you and Bthere otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Bthere submit to the arbitrator, unless you request a hearing, or the arbitrator requires a hearing. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the less-invasive, less costly, and expedited nature of the arbitration process you and Bthere agree to use.
    1. Arbitrator's Decision.
    The arbitrator will render a decision within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the decision. Judgment on the arbitration decision may be entered in any court having jurisdiction thereof. The arbitrator's award of damages, if any, must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Bthere will not seek, and hereby waives all rights Bthere may have under applicable law to recover, attorneys' fees and expenses if Bthere prevails in arbitration.
    1. Fees.
    Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, Bthere will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
    1. Changes to Dispute Resolution Provisions.
    If Bthere changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Bthere written notice of such rejection by mail or hand delivery to: Bthere.tv, Inc., Attn: Dispute Resolutions, {INSERT ADDRESS}, or by email from the email address associated with your Account to: change-disputes@bthere.tv, within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Bthere in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

  1. Other Provisions
    1. Choice of Law.
    These Terms are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A., without giving effect to any conflict of law or choice of law principles thereof.
    1. Notice.
    Bthere may give notice by means of a general notice on the Platform, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Bthere, with such notice deemed given when received by Bthere, at any time by first class mail or pre-paid post to Bthere.tv, Inc. {INSERT ADDRESS and/or SETUP SPECIFIC EMAIL ADDRESS TO RECEIVE CLAIMS – just means someone will have to monitor that address or receive forwards from it}
    1. General.
    You may not assign these Terms without Bthere's prior written approval. Bthere may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Bthere's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Bthere or any Third Party Provider as a result of these Terms or use of the Platform. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Bthere's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bthere in writing.