Introduction

These terms and conditions of use (the "Terms") explain how you may use this website ("Site") and our mobile application and any services provided through or in connection with the Site and App (collectively, the "Services"). References in these Terms to the Site includes www.bouncelife.com and all associated web pages. You should read these Terms carefully before using the Services. By accessing or using the Services or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you must cease using the Services immediately. If you have any questions about the Services, please contact [email protected].

When used in these Terms, unless otherwise defined, capitalized terms will have the meanings set out below:
"Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Services;

"Personal Information" means any information about an identifiable individual;
"Privacy Notice" means our privacy policy available at the following link, as may be updated from time to time: www.bouncelife.com/privacy;
"you" or "your" means the person accessing or using the Services or Content; and "we", "us" or "our" means Bounced Inc., Corporation Number 1055646-7, Business Number 777858085RT0001 and whose registered office is at 310 Bagot Street, Kingston, ON, Canada, K7K 3B4.

Privacy Notice

These Terms incorporate by reference our Privacy Notice.

Use of the Services by Minors

The Services are intended for and directed to residents of Canada and the United States over the age of 18 years. Individuals under the age of 18 years old ("Minor(s)") may view content on the Site but may not register an account or use the App unless express written consent from a parent or guardian is provided by email to [email protected].

If we do not receive confirmation of consent from a parent or guardian, or if that permission is expressly refused by the parent or guardian, we will delete the Minor's account and Personal Information. If we delete a Minor's account, the Minor may not create another account or access or use the Services by any other means until we receive express written consent by a parent or guardian or until they are at least 18 years of age.

Accessibility

We seek to make the Services as accessible as possible. If you have any problems accessing the Services or the Content, please contact us at [email protected].

Restrictions On Use

The Services are for your personal use only. As a condition of your use of the Services, you agree:

not to use the Services for any purpose that is unlawful under applicable law, or in a manner prohibited by these Terms;

not to decompile, reverse engineer, or otherwise access or attempt to access the source code for the Services;

not to interfere with or circumvent any feature of the Services, including without limitation any security, or access control mechanism;

not to defame or disparage anyone or make comments of an obscene, derogatory or offensive manner or otherwise use the Services or the Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;

not to use the Services to distribute viruses or malware or other similar harmful software code;

not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and

that you are solely responsible for all costs and expenses you may incur in relation to your use of the Services and shall be solely responsible for keeping your password and other account details confidential.

We reserve the right to prevent or suspend your access to the Services if we believe, in our sole discretion, that you are not complying with any part of these Terms or that your use of the Services could interfere with the security or integrity of the Services or our other customer's use of the Services.

You are solely responsible for the use of the App on your mobile or table device, including without limitation payment of fees and compliance with these and any applicable third party terms. Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any carrier service plan you use in connection with your use of the App (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the applicable carrier). Accordingly, you should use care in selecting a service plan offered by your carrier.

Non-Solicitation

As an Organizer or platform user, you agree that you will not solicit or contact (or assist any other party in soliciting or contacting) any of Bounced Inc’s customers—including, but not limited to, Patrons or other Organizers you engage with through the Site or Services—for the purpose of purchasing, acquiring, or obtaining any product, service, or solicitation that competes with or undermines Bounced Inc. Additionally, you agree not to take actions intended to terminate, alter, or otherwise interfere with the relationships Bounced Inc. has established with its customers.

Ownership, Use and Intellectual Property Rights

The Services and all intellectual property rights in the Services (including without limitation any Content) are owned by us and/or our respective licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

Nothing in these Terms grants you any rights in the Services other than as strictly necessary to enable you to access and use the Services in accordance with these Terms. You agree not to manipulate any intellectual property notices contained in the Services and in particular in any digital rights or other security technology contained within any Content.

Trade-marks and trade names may be used in the Services. The use or misuse of any trade-marks or any other Content on the Services except as provided in these Terms is strictly prohibited. Nothing contained in the Services shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.

Submitting Information to the Service

You acknowledge that the Services are not a secure means of communication and any information you supply to us may not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as "Unwanted Submissions"). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Notice, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

You represent and warrant that any Content you supply to us is and shall be your own original work, has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Notice.

You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, successors and permitted assigns (each, an "Indemnitee") from and against any and all claims, suits, demands, awards, actions, proceedings, losses, costs, damages or expenses (including legal costs on a solicitor and own client basis) suffered or incurred by such Indemnitee that arise out of, result from, are based upon or are in any way connected with any Content you provide.

Accuracy of Information and Availability of the Service

We do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information in the Services is at your own risk and we may suspend or terminate operation of the Services at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Services is provided for your general information purposes only and to inform you about us and our services and news, features and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.

While we make commercially reasonable efforts to ensure that the Services are available, we do not represent, warrant or guarantee in any way the Services' continued availability at all times or uninterrupted use by you of the Services.

Hyperlinks and Third Party Sites and Services

The Services may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

You acknowledge that the Services may enable you to request and receive or offer and provide services to other users ("Third-Party Services"). You further acknowledge that those offering and providing Third-Party Services are not our employees, partners, representatives, agents, joint venturers, independent contractors or franchisees and we do not perform Third-Party Services and not employ individuals to perform Third-Party Services.

YOU HEREBY ACKNOWLEDGE THAT WE DO NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR PROVIDERS OF THIRD-PARTY SERVICES AND WE EXPRESSLY DISCLAIM (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED APPLICABLE PROVIDERS PF THIRD-PARTY SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

If you are providing, offering or receiving Third-Party Services through the Services, you agree to indemnify, defend and hold harmless each Indemnitee from and against any and all claims, suits, demands, awards, actions, proceedings, losses, costs, damages or expenses (including legal costs on a solicitor and own client basis) suffered or incurred by such Indemnitee that arise out of, result from, are based upon or are in any way connected with your provision, offering or receipt of the Third-Party Services.

DMCA Compliance

If you believe that any content on our platform infringes your copyright, you may request the removal of such content by submitting a notification in accordance with the Digital Millennium Copyright Act (DMCA). Your notification must comply with the requirements of 17 U.S.C. § 512(c)(3) and include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

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.

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.

A statement 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.

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 owner of the copyright that is allegedly infringed.

Upon receiving a valid DMCA notice, we will promptly remove or disable access to the allegedly infringing content and notify the user who posted it. Repeat infringers may have their accounts terminated.

Designated DMCA Agent

For DMCA notices, please contact our designated agent:

Sean Monteiro
310 Bagot St
Kingston, ON K7K 3B4
Canada
[email protected]
+1 (214) 494-0411

Fees and Payment Gateways

You acknowledges that the Services may include integrated third-party payment gateways ("Payment Gateways"), including but not limited to Stripe Inc., to facilitate transfer of payments between you and other users of the Services. The Payment Gateways are deemed to be Third-Party Services. Your use of Payment Gateways will be subject to the terms and conditions of the applicable Payment Gateway service provider, as they may be amended from time to time. You responsible for reviewing the applicable Payment Gateway service provider's terms and conditions and agree to be bound by those terms and conditions. You acknowledge that it is your responsibility to activate and maintain the third-party accounts associated with its Payment Gateway. Payment Gateways used in connection with the Service may be subject to a fee from the Payment Gateway provider. That fee may be in addition to the Fees we may charge for the Service.

You acknowledge that certain use of the Services may be subject to payments of fees, whether paid directly to us by you or deducted from the transactions we facilitate between users of the Services (the "Fees"). Where a particular Service requires payment of Fees, as a condition to your use of such Services, you agree to pay all applicable Fees when due and consent to us deducting the Fees, as applicable, from the transactions we facilitate between you and other users of the Services.

You acknowledge that the Fees are not refunded in the case of host initiated event cancellation or ticket purchase refund.

Warranties and Limitation of Liability

To the maximum extent permitted by applicable law, WE EXCLUDE ALL LIABILITY (WHETHER ARISING IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) WHICH WE MAY OTHERWISE HAVE TO YOU AS A RESULT OF ANY ERROR OR INACCURACIES IN ANY CONTENT, THE UNAVAILABILITY OF THE SERVICES FOR ANY REASON, AND ANY REPRESENTATION OR STATEMENT MADE IN THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED TO YOU “AS-IS,” AND BOUNCE DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED PROMISES, CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ITS CONDITION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, ITS COMPATIBILITY WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, ANY NEGLIGENCE, WARRANTIES OF TITLE, AGAINST INFRINGEMENT AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.

We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Services and/or the acts or omissions of any third party such as other users of the Services or any other indirect or consequential loss or damage you may incur in relation to the Services and Content.

We do not make any representation or warranty of any kind regarding any organization that it has included in the Services including, without limitation, regarding the suitability/ quality of volunteering opportunities, donation opportunities and events or other Third Party Services offered by through the Services, or regarding compliance with applicable laws by those providing or offering Third Party-Services. In addition, the mention of Third-Party Services on the Services should not be construed as an endorsement by us of that organization or its products or services.

Your correspondence and/or ensuing relationship with other users of the Services (including providers of Third-Party Services), found on or through the Services including but not limited to acceptance of volunteer opportunities, donations of property and participation in events and any other dealings, are solely between you and the Third-Party Service providers you choose to deal with. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE, OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS AGAINST US ARISING FROM OR RELATED TO YOUR RELATIONSHIP WITH A PROVIDER OF THIRD-PARTY SERVICES.

Notwithstanding any other provision of these Terms, we do not exclude or limit our liability for any statutory rights which are not capable of being excluded.

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Subject to the limitations and exclusions set out in these Terms, in no event will our aggregate liability for damages arising out of your use of the Services exceed the amounts, if any, paid by you for the App.

General

These Terms are dated November 4, 2021. We reserve the right, in our sole discretion, to vary these Terms from time to time. Our new Terms will be displayed on the Site or through the App and by continuing to use and access the Services following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations. The Terms will be identified as of the most recent date of revision and will be effective immediately upon being made available on the Site or through the App.

All notices from you to us must be in writing and sent to our contact address at [email protected] and all notices from us to you will be displayed on our Site or in the App from time to time.

If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.

These Terms (including the Privacy Notice) together with any other order document or other agreement between us referencing these Terms, contain the entire understanding and agreement between us and you in relation to your use of the Services and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

You may not assign, sublicense or otherwise transfer any of your rights and obligations in these Terms to any other person.

These Terms shall be construed in accordance with and governed by the laws in effect within Ontario, Canada.

The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.