1 INTRODUCTION 

Welcome to iKonic, the social networking app for college students in the United States. These Terms of Service ("Terms") govern your access to and use of the iKonic app, website, and related services (collectively, the "Platform"). The Platform is operated by Habit of Humanity LLC ("iKonic", "we", "us", "our"). For the sake of convenience, the term “Services” shall be included in the term “Platform” wherever used throughout this document unless specified otherwise. 

These Terms of Service, our Privacy Policy, Community Guidelines, Acceptable Use Policy, Voting Terms and Conditions and other additional terms we make available on the Platform from time to time (collectively “Terms”) set out the legal obligation vis-à-vis terms and conditions for your interaction and usage of the Platform. This document includes a mandatory arbitration provision and regulates the resolution of any dispute which may arise between you and us as a result of using our Platform. By clicking “Accept” when prompted or making an Account or, using or accessing the Platform, you understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Platform by us, each of which is incorporated by reference periodically by us. If you do not agree to any of these Terms, including the compulsory arbitration provision, you must stop using the Platform. 

By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, Habit of Humanity LLC and you the users (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”). By signing up and creating an Account on the Platform, you hereby through this reference provide us with your consent to include your name and university, institute, or college name on the Platform as well as the iKonboard. 

2 THE SERVICE 

2.1 The iKonic Platform provides a range of features and services to enable you to connect, showcase your talents, and earn recognition and rewards. 

Note: The services and features mentioned below in Section 2.2 are non-exhaustive 

2.2 These key features include without limits: 

2.2.1 Creative Me: Members can post photos (also known as “iKonic Clicks”), reels (also known as “Campus Lives”), and other creative content on the Platform (through “Creative Me”). Members can also use the “Insta Cash” feature to advertise their skills and offer services to the iKonic community. 

2.2.2 Tune In: The Platform allows members to connect with peers who share their interests, facilitating spontaneous meetups and social activities. Members can post their plans for the day, which will appear in other users' feeds and stay active for only six (6) hours. During this six (6) hour window, other users can express their interest and participate in the posted plans. Please refer to our Community Guidelines, prior to accessing the Platform and Tune In. 

2.2.3 Style Showdown: iKonic hosts a quarterly, theme-based "Style Showdown" contest. Members can participate and vie to become the recognized "Style iKon" within the university community. Winners of the Style Showdown are featured on the iKonboard and receive rewards from iKonic. 

2.2.4 iKon Status: Members can earn recognition on the iKonboard as the "Most Popular," "Most Trending Creator," "Most Talented," or "Style iKon" based on their accomplishments, creativity, and community votes. 

iKonboard: The iKonboard is a daily leaderboard that showcases the top scorers in categories such as "Most Popular," "Most Talented," "Best Trending Creator," and "University Style iKon." 

Campus Trendz: Members can nominate their content to go "viral" and gain nationwide fame through the Campus Trendz feature. The Platform includes 

a breaking news feature that will display breaking news from all campuses across the USA, keeping members informed of the latest developments and events in the collegiate community. 

Daily Quizzes: Members can test their knowledge and earn points by participating in the Platform's daily quizzes. 

Secret Admirer: Members can anonymously express admiration for other members on the Platform without disclosing their identity. 

iKonic shall not be liable for any content posted, uploaded, or transmitted by users, including but not limited to photos, Creative Me casts, and creative content. Users are solely responsible for the content they upload, and the Platform assumes no liability for any loss, damage, or harm resulting from such content. Please read our Acceptable Use Policy and Community Guidelines for more information. 

iKonic does not guarantee the availability or connectivity of the Tune In feature for spontaneous meetups and social activities. Users acknowledge that the availability of peers with shared interests may vary and agree that the Platform shall not be liable for any inability to connect with other users. 

Participation in Style Showdown contests hosted by iKonic is voluntary, and the Platform does not guarantee any specific outcomes, rewards, or recognition. You acknowledge that winning or participating in Style Showdown contests is subject to the discretion of iKonic and community votes, and iKonic shall not be liable for any dissatisfaction or disputes arising from contest results. Please read our Voting Terms and Conditions and related terms and conditions we make available from time to time regarding Style Showdowns. 

While users may nominate their content for viral promotion through the Campus Trendz feature, iKonic does not guarantee that nominated content will gain nationwide fame or achieve specific levels of visibility. Users acknowledge that the success of content promotion is influenced by various factors beyond iKonic's control, and iKonic shall not be liable for any failure 

to achieve desired outcomes. The Platform shall not be liable for any inaccuracies, errors, or omissions in the content nominated for the Campus Trendz feature or in the breaking news displayed. The Platform does not guarantee the truthfulness, accuracy, or reliability of any content or news provided. The new provided through the Campus Trendz feature is provided via TheNewsAPI.com. Please read their terms and conditions thoroughly prior to utilizing out Platform at https://www.thenewsapi.com/tos and https://www.thenewsapi.com/privacy. Members acknowledge and agree that their use of these features is at their own risk, and they shall hold the platform harmless from any and all claims, damages, or liabilities arising out of or related to the use of the Campus Trendz or breaking news features. 

Participation in daily quizzes on the Platform is voluntary, and the accuracy or reliability of quiz questions and answers is not guaranteed. iKonic shall not be liable for any errors, omissions, or inaccuracies in quiz content or for any consequences resulting from reliance on quiz information. 

The Secret Admirer feature allows users to express admiration for others anonymously. iKonic shall not be liable for any misuse or abuse of this feature, including but not limited to harassment, stalking, or inappropriate communications between users. You agree to use the Secret Admirer feature responsibly and acknowledge that the Platform shall not be liable for any disputes or damages arising from its use. Please read our Acceptable Use Policy and Community Guidelines for more information. 

Refer a Friend: 

The app generates a referral link for all users to share with their friends as per their will. If you chose to share the referral link, you agree to these Terms. Please read them carefully. 

- Our Referral Program utilizes AppsFlyer, a third-party mobile attribution and marketing analytics platform, to track and manage referrals. 

- AppsFlyer helps us understand the effectiveness of our referral campaigns and provides insights into user engagement and conversions. 

- By participating in the Referral Program, you consent to the collection and use of certain data by AppsFlyer. This includes device identifiers, IP addresses, and app usage data. 

- The data collected is used to attribute referrals, measure the performance of our referral campaigns, and improve our services. 

- We are committed to protecting your privacy and ensuring the security of your data. All data collected and processed by AppsFlyer is handled in accordance with our Privacy Policy and AppsFlyer's Privacy Policy. 

- For more information on how AppsFlyer handles data, please refer to their [Privacy Policy](https://www.appsflyer.com/privacy-policy/). 

You have the right to access, correct, and delete your personal data. 

If you have any questions about your data or wish to exercise your rights, please contact our support team at ikonic@habitofhumanity.com 

3 BECOMING AN IKON GUIDE 

3.1 Members can earn recognition as an "iKon" in various categories based on their performance and community engagement: 

3.1.1 Most Popular iKon: Monthly score based on followers gained, shoutouts received, thank yous received, and secret admirers added. 

3.1.2 Most Trending Creator iKon: Monthly score based on the number of trending Creative Me casts created and the number of likes on those Creative Me casts. 

3.1.3 Most Talented iKon: Monthly score based on the average of ratings received on Creative Me casts (minimum 20 reviewers) and additional points for being among the first 10 correct responders on daily quizzes (criteria subject to change). 

3.1.4 Style iKon: Quarterly winner of the Style Showdown contest, determined by a community vote. 

3.2 iKonic does not guarantee that users will achieve recognition as an "iKon" in any category. Recognition is based on various factors, including user performance and community engagement, and is subject to the discretion of iKonic and community voting processes. 

3.3 The monthly and quarterly scores used to determine iKon recognition in different categories are based on objective and subjective criteria, including follower counts, shoutouts, likes, ratings, and community votes. iKonic does not guarantee the accuracy, fairness, or consistency of scoring methods and shall not be liable for any disputes, discrepancies, or dissatisfaction related to recognition scores. Terms in relation to this section are outlined in Section 4, and 11. 

4 BENEFITS OF BEING AN IKON 

4.1 Members recognized as iKons receive the following benefits: 

4.1.1 Monthly or quarterly rewards sponsored by iKonic 

4.1.2 Promotion on iKonic's social media platforms 

4.1.3 Opportunity to become iKonic's brand mascot 

4.2 iKonic shall make reasonable efforts to provide monthly or quarterly rewards to members recognized as iKons. However, the exact nature and availability of rewards may vary depending on sponsorship agreements and other factors. iKonic does not guarantee the availability or value of rewards and shall not be liable for any delays, changes, or cancellations in reward disbursement. 

4.3 Members recognized as iKons may be promoted on iKonic's social media platforms, subject to iKonic's discretion and scheduling. iKonic does not guarantee the frequency or extent of promotion and shall not be liable for any dissatisfaction or disputes arising from promotional activities. 

4.4 The opportunity to become iKonic's brand mascot is subject to iKonic's selection criteria and requirements. iKonic does not guarantee that all recognized iKons will have the opportunity to become the brand mascot and shall not be liable for any decisions or outcomes related to mascot selection. 

4.5 Notwithstanding anything to the contrary, iKons will only be eligible to receive these rewards in the following month solely if they remain active users of the iKonic Platform on the day the vouchers are emailed. This means that if an iKon has ceased to be an active member for any reason, including but not limited to account deactivation, suspension when the gift vouchers are scheduled to be sent out, they will forfeit their entitlement to the reward. iKonic reserves the right to verify the active status of each iKon before distributing any rewards, ensuring that only those who continue to contribute to and participate in the community are eligible for recognition and prizes. 

5 ACCOUNT REGISTRATION 

To access the Platform, you need to register for a user accountEnrollment status verification is required for registration. Providing accurate, complete, and updated information is suggested for continuous access, as failing to meet this condition may result in the suspension of the respective user Account. 

You are solely responsible for any activity that occurs on your Account and shall not share your user Account password or one-time password with anybody. You must notify us immediately of any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You have the ability to delete your Account either through the Platform or through a request made on our Platform. 

Creating a user Account signifies your agreement to receive communication concerning marketing emails and SMS from us. Any communication or 

notification you receive from us electronically shall qualify as legal notice and meet all legal notice requirements. 

The Platform is free to use and there are no in-app purchases or subscription required. 

While iKonic strives to maintain a user-friendly and safe Platform, we cannot and do not review the background of all members. Members are advised to exercise their own discretion and conduct appropriate background checks before engaging in real-life interactions. iKonic, its affiliates, and its employees, agents, and representatives shall not be liable for any issues or consequences that may arise from member interactions on the Platform. Members agree to use the chat and other interaction features at their own risk, subject to iKonic's Acceptable Use Policy and Community Guidelines. 

6 ELIGIBILITY 

6.1 To use our Platform, you must: 

6.1.1 Be at least of age the age of majority and not disqualified from entering into contracts under any law; 

6.1.2 complete the registration process; 

6.1.3 agree to our Terms; and 

6.1.4 provide true, complete, and up to date legal and contact information 

6.1.5 You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with. 

6.1.6 By using Platform, you represent and warrant that you meet all the requirements listed above and that you will not use Platform in a way that violates any laws or regulations. We may refuse Service, close Accounts of any users, and change eligibility requirements at any time. 

6.1.7 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the 

Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user. 

7 PERSONAL DATA 

To provide you with the Platform as mentioned in these Terms it is required that we collect your basic information which may include your first name, last name, university name, university email, date of birth. (“Personal Data”). You agree that your Personal Data is collected by us through your consent. 

8 TERM 

The Term begins as soon as you access the Platform and continues as long as you use the Platform. When registering for an account by clicking the “I accept” or similar button when prompted and entering your username means that you have officially “signed” these Terms. Your registration is subject to your verification as contemplated herein these Terms. 

9 ENROLLMENT VERIFICATION 

In order to register for an iKonic account and access the Platform, you must have your active college enrollment verified through a third-party open source APIs. We are not affiliated with the author, creator, or publisher of the APIs used for verifications and IKonic does not endorse or recommend the same. 

If we are able to validate that you are currently enrolled at a university or college, we will allow you to create an iKonic Account and utilize the Platform's features and services. If we are unable to verify your enrollment status, we reserve the right to deny you access to the iKonic Platform. 

You understand and agree that iKonic relies on open source API verification process, and we make no representations or warranties regarding the accuracy or completeness of the information provided by the same. You release iKonic from any liability associated with the enrollment verification process or any decisions made based on such results. 

Providing false or misleading information during the enrollment verification process may result in the suspension or termination of your iKonic Account. iKonic reserves the right to periodically re-verify your enrollment status at any time. 

10 NETWORKING, COLLABORATION AND MONETIZATION FEATURES 

10.1 The iKonic Platform provides a suite of features to enable members to connect with each other, showcase their talents, and explore monetization opportunities within the university community: 

10.1.1 Spontaneous Meetups and Activities: You can use the "Tune In" feature to discover and interact with other users who share their interests and availability. This allows you to expand your social circles and participate in spontaneous outings, study sessions, and other collaborative activities. 

10.1.2 Showcasing Creativity and Receiving Feedback: The Creative Me casts feature enables members to share their creative works, such as photos, videos, and other multimedia content, with the iKonic community. When you utilize the Creative Me casts feature, the Creative Me casts shall display the respective university of the users along with their name. Other members can then provide ratings and constructive feedback, allowing creators to showcase their talents and receive valuable peer input. All user generated content posted on the Platform is governed by the Acceptable Use Policy. 

10.1.3 Advertising and Monetization: You can also leverage the Creative Me casts feature to advertise your services, such as tutoring, assignment help, or other academic/professional offerings, directly to the university student community on iKonic. You hereby acknowledge and agree that the services you provide through the Platform shall be appropriate and not be considered immoral, illegal, or otherwise shall not be offensive or hurt public or individual sentiment. Any harm caused by the services you provide shall be your sole responsibility and iKonic disclaims all liabilities in this regard. We are solely an intermediary and not a party to the transactions 

which you enter into with other users or people. You may also have the option to display your rates on your Creative Me casts for the services offered by you. iKonic derives no profits from any such advertising and monetization at the moment however, we reserve the right to change our business model at any time, and we shall notify you of such changes via in app notifications or other appropriate means at our discretion like changes to these Terms. 

While iKonic aims to facilitate these networking, collaboration, and monetization opportunities, members must use these features at their own discretion and risk. iKonic does not vet or endorse any specific members or the services they advertise, and disclaims liability for any issues or disputes that may arise from member interactions or transactions. We are solely an intermediary and are not a party to any transaction that occurs between any of the users and are hence protected under applicable safe harbor regulations. 

11 IKONBOARD AND IKON RECOGNITION 

11.1 The iKonic Platform features a central leaderboard called the "iKonboard" that tracks and recognizes members' social behavior and achievements on the Platform. The term "iKons" refers to the top-performing members of the iKonic Platform who are selected and recognized on a monthly or quarterly basis (as applicable) through the iKonboard, a central leaderboard. These members are acknowledged for their outstanding social behavior and achievements within the Platform's community. 

11.2 iKonic will select and publish the following "iKons" on the iKonboard: 

11.2.1 Most Popular iKon (monthly) 

11.2.2 Most Trending Creator iKon (monthly) 

11.2.3 Most Talented iKon (monthly) 

11.2.4 Style iKon (Quarterly) 

11.3 The scoring and selection criteria for these iKon categories are as follows: 

11.3.1 Most Popular iKon: Calculated based on the member's number of followers gained, shoutouts received, thank yous received, and secret admirers added. 

11.3.2 Most Trending Creator iKon: Determined by the number of the member's Creative Me casts (content posts) that have trended on the Platform, as well as the number of likes on those trending posts. 

11.3.3 Most Talented iKon: Calculated as the average of ratings received on the member's creative content, as well as additional points earned for being among the first 10 correct responders on the daily knowledge quizzes. 

11.3.4 Style iKon: Awarded quarterly to the winner of the Platform's "Style Showdown" contest, which is decided by a community-wide popular vote. In the first round, only the contestant's fellow students from their home campus are eligible to participate in the voting. This "intra-college" round allows each university community to select their institution's representative for the national competition. 

During the second "national" round, college students from across the country are invited to vote and determine the overall Style iKon winner from among the finalists selected in the intra-college rounds. This nationwide voting ensures the Style iKon title is granted to the member who has garnered the broadest appeal and recognition within the university community. 

The details of the Style Showdown contest, including voting mechanics, timelines, and prize information, will be communicated to members through the iKonic Platform and other channels in line with our governing Voting Terms and Conditions. iKonic reserves the right to modify the contest format and voting process as needed. 

To reward and recognize these top-performing members, iKonic will provide monthly or quarterly gift voucher prizes to all four users referred to as “iKons”. These rewards are sponsored entirely by iKonic. 

12 LIVE STREAMING 

As part of the “Style Showdown “ feature our new live streaming feature is powered by Agora. By accessing or using the live streaming feature, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please do not use our live streaming feature. 

User Conduct 

Users agree to adhere to the following guidelines while using the live streaming feature: 

Prohibited Content: You must not broadcast any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. 

Compliance: You must comply with all applicable local, state, national, and international laws and regulations while using the live streaming feature. 

Reporting Violations: Users are encouraged to report any content that violates these Terms and Conditions. Violations can be reported through [reporting mechanism/contact information]. 

User Responsibilities 

Account Security: Users are responsible for maintaining the confidentiality of their account information, including passwords, and for all activities that occur under their account. 

Content Ownership: By broadcasting content through our live streaming feature, you affirm that you own or have the necessary rights to the content. Users grant iKonic – Be a College Celeb a non-exclusive, royalty-free, worldwide license to use, distribute, and display the content. 

Age Restrictions: The live streaming feature is intended for users who are 17 or older. By using this feature, you confirm that you meet this age requirement. 

Intellectual Property 

User Content Rights: Users retain ownership of the content they broadcast. However, by using the live streaming feature, you grant the app a non-exclusive, royalty-free, worldwide license to use, distribute, and display your content for purposes related to the provision and promotion of the service. 

Agora Integration: Our live streaming feature is powered by Agora. By using this feature, you agree to Agora’s terms of service and privacy policy, which can be found [here](https://www.agora.io/en/privacy-policy/). 

Privacy and Data Collection 

Data Usage: We collect and use your data as described in our [Privacy Policy]. This includes data related to your use of the live streaming feature. 

Third-Party Services: Agora processes data as part of the live streaming service. Please review Agora’s privacy policy for details on their data handling practices. 

Moderation and Monitoring 

Content Moderation: iKonic reserves the right to monitor live streams and take appropriate action, including removing content or suspending accounts, if the content violates these Terms and Conditions. 

Automatic Monitoring: We may use automated systems to assist in monitoring content. However, these systems are not foolproof, and users are encouraged to report any inappropriate content. 

Limitation of Liability 

- Disclaimer: iKonic is not responsible for the content streamed by users. All content is the sole responsibility of the user who broadcasts it. 

- Indemnity: Users agree to indemnify and hold [Your App Name], its affiliates, and its respective officers, agents, partners, and employees harmless from any claims or damages arising from their use of the live streaming feature. 

Termination and Suspension 

- Termination Rights: iKonic reserves the right to terminate or suspend user accounts at our discretion, especially in cases of violations of these Terms and Conditions. 

- Effect of Termination: Upon termination, users will lose access to the live streaming feature, and any content associated with the account may be deleted. 

Contact Us 

If you have any questions or concerns about these Terms and Conditions, please contact us at ikonic@habitofhumanity.com 

13 PROHIBITED ACTIVITIES 

13.1 As a user of the Platform, you agree not to: 

13.1.1 systematically retrieve data or other Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 

13.1.2 make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user Accounts by automated means or under false pretenses. 

13.1.3 use a buying agent or purchasing agent to make purchases on the Platform. 

13.1.4 use the Platform for advertising or offering to sell goods and services. 

13.1.5 circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Platform Content or enforce limitations on the use of the Platform and/or the Platform Content or Content contained therein. 

13.1.6 engage in unauthorized framing of or linking to the Platform. 

13.1.7 trick, defraud, or mislead us and other users of the Platform, especially in any attempt to learn sensitive account information such as user passwords; 

13.1.8 make improper use of our support services or submit false reports of abuse or misconduct. 

13.1.9 engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 

13.1.10 interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform. 

13.1.11 attempt to impersonate another user or person or use the username of another user. 

13.1.12 sell or otherwise transfer your profile. 

13.1.13 use any information obtained from the Platform in order to harass, abuse, or harm another person. 

13.1.14 use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Platform Content for any revenue-generating endeavor or commercial enterprise. 

13.1.15 attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform. 

13.1.16 harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you. 

13.1.17 delete the copyright or other proprietary rights notice from any Platform Content. 

13.1.18 copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 

13.1.19 upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform. 

13.1.20 upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 

13.1.21 except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software. 

13.1.22 disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform. 

13.1.23 use the Platform in a manner inconsistent with any applicable laws or regulations. 

14 INTERACTION WITH OTHER USERS 

14.1 The Platform allows you to interact with other users of the Platform using the in-built chat messaging feature (“Chat”). 

14.2 You must use Chat at your own discretion and risk. Although we try our best to maintain a user-friendly and safe Platform, you hereby acknowledge and agree that we cannot and do not review the background of our users. You are advised to run your own background checks before meeting any stranger in real life. 

14.3 We and our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from interaction among its Members. You agree that the use of our Chat functionality is subject to our Acceptable Use Policy and our Code of Conduct. 

15 COPYRIGHT POLICY 

If you are a copyright owner or an agent thereof and believe that any content made available via the Platform infringes upon your copyright, you may submit a notification pursuant to the Copyright Act of 1976 (“Act”) as amended from time to time by providing us with the following information in writing: (a) 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; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Platform (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by 

you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Please send us all notices in connection with copyright infringements to: ikonic@habitofhumanity.com 

15.1 Counter-Notice. 

If you feel that any of your Content was improperly removed or made unavailable to other users, please contact us via the contact information set forth below. 

16 LICENSE 

Subject to the Terms, iKonic gives you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to the Platform (and other items displayed on the Platform for download) only for purposes of using the Platform in accordance with these Terms. It is expressly prohibited without the prior express permission from iKonic to use, reproduce, modify, distribute, or store any Platform Content for purposes other than using the Platform consistent with these Terms. 

17 INTELLECTUAL PROPERTY RIGHTS 

17.1 The Platform contains Intellectual Property of iKonic in the form of content, graphics, videos, audios, text, and any other digital content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under this Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or 

create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in this Terms of Service. 

17.2 You acknowledge and agree that the Platform, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of iKonic or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of iKonic. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in iKonic or its third-party suppliers, as the case may be. 

17.3 You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Platform (“Content”). You grant us a non-exclusive, worldwide, royalty-free, and fully paid license to use the Content, as necessary, for purposes of providing the Platform to you and other users of the Platform. All rights in and to the Content not expressly granted to us in these Terms are reserved by you. 

17.4 You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of iKonic and you hereby irrevocably transfer and assign to iKonic such Feedback, and all associated 

intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business. 

17.5 It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided in section 31. 

18 APPLE DEVICES 

The following terms apply when you use a mobile application obtained from the Apple Store to access our Platform: 

18.1 the license granted to you for our Platform is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; 

18.2 we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 

18.3 in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Platform, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Platform; 

18.4 you 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; 

18.5 you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; 

18.6 you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this Platform license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this Platform license contained in these Terms against you as a third-party beneficiary thereof. 

19 TERMINATION 

We reserve the right to terminate your access to all or any part of the Platform at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. You may terminate your Account if you wish to do so by placing a request on our Platform. Any such termination shall immediately revoke the license granted under Section 16, and you shall effective immediately be prohibited from accessing or using the Platform or Content for any reason. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification. 

20 RELEASE 

To the maximum extent permissible by applicable law, you hereby absolutely release iKonic and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties. 

21 INDEMNIFICATION 

You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal Data; (d) infringement by you (or any third party using your Account or identity in the Platform) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us. 

22 USING THE PLATFORM SERVICES 

This section covers the terms under which the Platform service is made available to you and the extent of our liability in their respect. You agree that: 

22.1 We are not obliged to ensure that the Platform is available to all users at all times. While we make all attempts to deny access only to those individuals who violate this Platform’s regulations, we may be occasionally forced to use access denial methods that cause a disruption in access for other users. We shall not be liable in this regard under any circumstances. 

22.2 We are not responsible for a loss of access to this Platform’s services due to failure of networks connected to the Internet, or any other temporary hardware or software failure. 

22.3 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Platform service (or any part thereof) with or without notice. 

22.4 There will always be a possibility that this Platform could include inaccuracies or errors. Additionally, a possibility exists that unauthorised additions, deletions and alterations could be made by third parties to the Platform. Although we attempt to ensure the integrity and the accuracy of this Platform, we make no guarantees whatsoever as to its correctness or accuracy. In the event that such an inaccuracy arises, please inform us by emailing us at ikonic@habitofhumanity.com so that it can be corrected. 

22.5 This Platform may contain links to other websites operated by third parties (“linked sites”). You acknowledge that, when you click on a link to visit a linked site, a frame may appear that contains this Platform’s logo, advertisements and/or other content selected by this Platform. You acknowledge that this Platform neither endorses nor are affiliated with the linked sites and are not responsible for any content that appears on the linked sites. This Platform has neither reviewed nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in the linked sites. 

22.6 We have not reviewed, and cannot review, all of the materials posted to the platform, and cannot, therefore, be responsible for that material and content, use or effects. By operating this Platform, we do not represent or imply that we endorse the material there posted, or that we believe such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. 

The platform has zero tolerance on objectionable and abusive content. 

22.7 This platform has zero tolerance for objectionable and abusive content. If you are found uploading any such content, your account will be permanently removed from the platform. If such content is uploaded by any other user and you believe that material located on or linked to this Platform is offensive, indecent, violates your copyright or otherwise objectionable, you are encouraged to notify our team by clicking on an exclamation mark "!" located on the content. This Platform will respond to all such notices, including as required or appropriate by removing the offensive / objectionable/infringing material or disabling all links to the infringing material on the Platform within twenty-four (24) hours. The platform also supports you to block a user permanently and hide any offensive content from your buzz. 

In the event a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of iKonic or others, we may in our discretion, terminate or deny access to and use of the Platform. 

23 ACKNOWLEDGEMENTS 

23.1 You hereby acknowledge and agree that: 

23.2 The users registered on the Platform are completely responsible for any commitments and contracts made with each other. We are not responsible for any non-performance or breach of any contract entered into between the users. 

23.3 The Platform is solely a place which connects the users. We are not liable in any regards with respect to any agreement or transaction which subsequently takes place between the users. All agreements and transactions between the users (the mentioned agreements and transactions are collectively referred to as “Relevant Contract”) are personal to them. We are not a party to such Relevant Contracts under any circumstance, and thus we disclaim any liability in this regard. 

23.4 Users do hereby agree that we shall not be required to mediate or resolve any dispute or disagreement that might arise between the parties out of the Relevant Contract(s). 

23.5 Users are responsible for researching and complying with any applicable laws, regulations or restrictions on items, services, or manner of sale or exchange that may pertain to Relevant Contract(s) in which they participate. 

23.6 Users are responsible for all applicable taxes and for all costs incurred by participating in the Relevant Contract. We shall in no event be liable in this regard. 

23.7 We will not be liable for damages of any kind incurred to any parties as a result of the information contained on this Platform. You shall not use or manipulate the Platform for any fraudulent activity or purpose. Items or services offered for sale by any user must comply with applicable laws. We disclaim any and / or all responsibility and / or liability for any harm resulting from your use of third-party services, and you hereby irrevocably waive any claim against us with respect to the content available on the Platform or operation of any third-party services provided by any user. 

24 YOUR REPRESENTATIONS AND WARRANTIES 

You hereby represent and warrant that you will not: 

24.1 violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing or using the Platform. 

24.2 provide false or misleading information to us or our affiliates. 

24.3 use the Platform in a manner which may disrupt or inhibit others from accessing or enjoying the Platform fully or partially. 

24.4 develop, utilise, or disseminate any software in any manner that could damage, harm, or impair the Platform. 

24.5 access or attempt to access any feature or area of the Platform that you are not authorised to access. 

24.6 use data collected from our Platform for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing). 

24.7 use the Platform for any illegal or unauthorised purpose, or engage in, encourage, or promote any activity that violates this Agreement, our Terms, and other documents we make available through the Platform. 

24.8 use the Platform or its network to carry out any illegal activities, or deliberately engaging in activities designed to adversely affect the performance of the Platform or its network. 

25 WARRANTY DISCLAIMER 

THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. IKONIC, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL 

INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM. 

26 LIMITATION OF LIABILITY 

THE USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE PLATFORM FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF OR GREATER THAN ANY FEES PAID BY YOU 

FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES IF ANY UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THE TERMS AND CONDITIONS. NOTHING IN THE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THE TERMS AND CONDITIONS. 

27 GOVERNING LAW AND DISPUTE RESOLUTION 

The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of the State of New York applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms. 

Any dispute concerning the subject matter of these Terms, or the breach, termination, or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties 

involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award. 

28 CLASS ACTION WAIVER 

You hereby expressly waive your right to bring or participate in a class action lawsuit against us. You agree that we each may bring claims to the fullest extent legally permissible against the other only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. 

29 MODIFICATION 

We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any featured content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications. 

When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use. 

30 MISCELLANEOUS 

30.1 Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. 

30.2 Relationship of the parties. You and we are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship you nor any fiduciary duty. 

30.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action. 

30.4 Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent. 

30.5 Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Term of Service. Notices to us shall be sent by email to ikonic@habitofhumanity.com.You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission. 

30.6 No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. 

30.7 Interpretation. The headers are provided only to make this agreement easier to read and understand. 

31 CONTACT 

You may get in touch with us through our Platform or the address given below: Habit of Humanity LLC, 16111 NW Paisley Drive, Beaverton,OR- 97006], [ikonic@habitofhumanity.com].