Customers Terms

These Terms of Service constitute an agreement (this “Agreement”) between you and The Rave Technologies, Inc, a Delaware limited liability company (“The Rave”). This Agreement applies to any individual or entity who uses our platform, shares links, clicks "copy link" at checkout, creates an account, or uploads content to participate in our referral, affiliate, and content creation services (“User,” “you,” or “your”). This Agreement becomes effective immediately upon your use, sharing, account creation, or content upload on The Rave, and it governs your use of, and our provision of, the referral and affiliate services as well as the content creation and upload services offered by The Rave. By using our platform, you agree to abide by all the terms and conditions outlined in this Agreement.

Payment and Fees

Fees

By using The Rave's services, you agree to pay any applicable fees as outlined in this section. The Rave reserves the right to charge customers fees when redeeming rewards, such as a 5% fee for cash withdrawal. We may also charge fees for premium accounts, which will be clearly outlined before you sign up for the service.

In addition to the above fees, there may be transaction fees for redeeming rewards, which will be clearly communicated to you before you complete the transaction.

In the event of a chargeback, we reserve the right to cancel any rewards. We also reserve the right to cancel rewards attached to purchases that were returned, provided the return takes place within the returns period.

Payouts

The payout amount and timing of rewards may vary depending on the specific terms of each offer and the processing time of third-party payment processors. We will make every effort to process payouts as quickly as possible, but we cannot guarantee specific payout amounts or timelines.

Customers may be required to reach a minimum threshold before they can receive payouts or cash out their rewards. This threshold may vary depending on the specific offer or promotion.

We reserve the right to adjust payout amounts or timeliness at any time, without prior notice to customers. However, we will make every effort to inform customers of any changes that may affect their rewards.

The payout amount and timeliness may also depend on the accuracy and completeness of the customer's account information. Customers are responsible for ensuring that their account information is up-to-date and accurate to avoid any delays or issues with reward payouts.

The Rave relies on payments from merchants to fund our rewards program. In the event that a merchant fails to provide the rewards they have agreed to, The Rave shall not be held liable for any failure to pay rewards to the customers. While we will make every effort to ensure that customers receive the rewards they have earned, we cannot guarantee such payment in cases where the merchant has not fulfilled their obligations.

Please note that The Rave uses third-party tools like tremendous.io to process payments, donations, and gift cards for customers. While we strive to provide seamless payment processing, delays may occur due to circumstances outside of our control.

Dispute Resolution

If you have any issues with fees or payments, please contact The Rave's customer support team at support@therave.com. We will work with you to resolve any disputes as quickly and fairly as possible.

Referral Fraud

The Rave takes referral fraud seriously and reserves the right to investigate and cancel rewards for any customers found to be referring themselves or engaging in other fraudulent activity. We may also take legal action in cases of severe or repeated referral fraud.

Intellectual Property

The Rave's platform allows users to upload comments, images, videos, reviews, and information about previous purchases. By uploading content to the platform, users grant The Rave a non-exclusive, royalty-free, worldwide, and perpetual license to use, display, reproduce, modify, and distribute the content in any form and on any media or platform for promotional or other purposes. Users represent and warrant that they have the right to grant such a license to The Rave and that the content does not infringe any third-party intellectual property rights.

All content on The Rave's platform, including but not limited to graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of The Rave or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on The Rave's platform is the exclusive property of The Rave and is protected by United States and international copyright laws.

Users agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of The Rave's platform or its content. Users also agree not to use any trademarks, service marks, trade names, logos, or other identifiers of The Rave or its affiliates without The Rave's prior written consent.

The Rave respects the intellectual property rights of others and expects users of its platform to do the same. If a user believes that their intellectual property rights have been infringed on the platform, they should notify The Rave in writing and provide the following information:

• Identification of the intellectual property right that has been infringed, including the registration number if applicable.
• Identification of the allegedly infringing content, including its location on The Rave's platform.
• Contact information for the complaining party, including name, address, phone number, and email address.
• A statement that the complaining party has a good faith belief that the use of the intellectual property is not authorized by the owner or its agent.
• A statement that the information provided in the notice is accurate and that the complaining party is authorized to act on behalf of the owner of the intellectual property.

The Rave may remove allegedly infringing content from its platform and may terminate the accounts of users who repeatedly infringe intellectual property rights.

By agreeing to these Terms of Service, users acknowledge and agree that The Rave owns all intellectual property rights in the platform and that The Rave has the right to use any content uploaded to the platform for promotional or other purposes. Users also agree to comply with all applicable laws and regulations regarding intellectual property rights.

Content Creation and Rights Transfer:

The Rave offers a content creation service, where users ('Content Creators') can produce and upload content for merchants on our platform. Upon a merchant's approval of the content, the merchant obtains full, irrevocable rights to use, modify, distribute, and otherwise exploit the content in any manner they deem fit, in perpetuity. These rights extend to all forms of use including, but not limited to, advertising, marketing, reproduction, broadcasting, public display, and derivative works. Content Creators will be rewarded as per the terms displayed in the User Experience on The Rave Platform.

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Termination and Suspension

The Rave reserves the right to suspend or terminate a user's account if we suspect any fraudulent or misuse of our platform, such as the creation of duplicate accounts or the use of multiple accounts by the same person associated with a store. The Rave operations team will determine the appropriate course of action in these cases, and the user will be notified of the suspension or termination of their account via email.

Upon termination or suspension of an account, any outstanding rewards will be cancelled, and the user's access to their account will be disabled. Any future accounts associated with the user will also be terminated. In cases where the user believes that their account has been suspended or terminated in error, they may reach out to The Rave to resolve the issue.

The consequences of termination or suspension may also include the loss of access to data or payment of any fees associated with the use of The Rave's platform. The Rave shall not be held liable for any damages or losses resulting from the termination or suspension of a user's account, regardless of the cause.

We reserve the right to take legal action against any user who violates our terms and conditions, and we may seek compensation for any damages resulting from such violations.

Representations and Warranties

By using The Rave platform, you represent and warrant that any content you upload, including written comments, reviews, images, and videos, does not infringe on the intellectual property rights of any third party, and that you have the necessary rights, licenses, and permissions to use and share such content on our platform. You further represent and warrant that any such content is accurate, truthful, and not misleading, and does not violate any applicable laws, rules, or regulations.

In the event that any third party claims that your content infringes on their intellectual property rights, you agree to indemnify and hold The Rave harmless from any damages, liabilities, or expenses arising from such claim. The Rave reserves the right to remove any content that we believe, in our sole discretion, violates these representations and warranties, without notice to the user.

If you believe that your content has been removed from our platform in error, please contact our support team to request a review of the decision.

Dispute Resolution

Any dispute arising between The Rave and its users will be resolved in accordance with the following provisions. Users of the platform agree to first attempt to resolve any disputes or claims informally by contacting The Rave's customer support team at [insert contact information]. In the event that the parties are unable to resolve the dispute informally, the dispute shall be resolved through mandatory arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in New York, New York, and shall be conducted in English.

Users of the platform agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Users further agree that any claim or cause of action arising out of or related to use of the platform or these terms of service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The parties agree to keep any dispute and resolution confidential, except as may be necessary to enforce any arbitration award or otherwise required by law. The laws of the State of New York shall govern these terms of service and any dispute arising between the parties, without giving effect to any choice of law principles that would require the application of the laws of a different jurisdiction.

The Rave reserves the right to modify the terms of this dispute resolution section at any time, without prior notice. Any such modifications will be effective immediately upon posting on the platform.

Communication with Users

The Rave may communicate with users for marketing, transactional, and operational purposes through email and text message. By participating on the platform, users consent to receiving such communications from The Rave.

Regular Updates: The Rave will send regular updates to customers regarding the performance of their rewards and their friends' shopping activities. These updates are for informational purposes only and are not to be construed as investment advice or a guarantee of future performance.

Unsubscribing: Users have the option to unsubscribe from promotional communications by following the instructions provided in the communication. However, users acknowledge that The Rave will continue to send operational updates related to their account or the platform, regardless of whether they have unsubscribed from promotional communications.

Opting Out: If a user no longer wishes to receive communications from The Rave, they may opt out by contacting The Rave's customer support team.

Standard Terms: All communications with users will be conducted in accordance with applicable laws and regulations, including but not limited to the CAN-SPAM Act and the Telephone Consumer Protection Act. The Rave reserves the right to modify its communication policies at any time and without notice to users.

Eligibility and Use of the Platform

The Rave's referral and affiliate services and platform are intended for use by individuals and entities located in the United States. By using our platform, you represent and warrant that you are located in the United States.

You agree to use The Rave's platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the platform:

• In any way that violates any applicable federal, state, local, or international law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate The Rave, a The Rave employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the platform, or which, as determined by us, may harm The Rave or users of the platform or expose them to liability.

You may not use our platform for any illegal or unauthorized purpose. Prohibited activities include, but are not limited to, uploading content that is illegal, offensive, or infringes on intellectual property rights. Violation of these prohibitions may result in the immediate termination of your services and legal action.

We reserve the right to terminate or suspend your account and access to the platform if we determine, in our sole discretion, that you have violated any provision of these Terms of Service or if your use of the platform violates any applicable law or regulation.