Montjoy

Re: Terms of use: as of 1 August 2023

Welcome to the montjoyapp.com website and mobile application (“Montjoy App LLC”, “Montjoy App”, “Montjoy”, “we” or the “Site”) which is owned and operated by Montjoy App, LLC, a Georgia Limited Liability Company (“Montjoy App, LLC”, “Montjoy App”). Your use of the Site is governed by these Terms of Use which, together with our Privacy Policy, constitute the legal contract between you and Montjoy App, LLC regarding your use of the Site which includes mobile app “experience(s)” throughout this Terms of Use.

PLEASE READ THIS TERMS OF USE POLICY CAREFULLY BEFORE USING THE SITE. By using the Site, you also accept and agree to be bound by our Privacy Policy.

PRIVACY POLICY

We are committed to protecting the privacy of any personal information you may provide to us when you use the Site. Please see our Privacy Policy for details.

CHANGES AND UPDATES

We reserve the right to change and update these Terms of Use at any time in our sole discretion. For example, we may amend these Terms of Use to incorporate additional rules and policies as may be established by Montjoy App, LLC from time to time, and/or to comply with or adopt any changes in law or industry practices. If we make changes and updates to these Terms of Use, we will announce and post such changes and updates on the Site for the general public. If you have provided your email address to us, we may also notify you of such changes and updates via email. By continuing to use the Site after such notice, you signify your affirmative consent and agreement to all changes and updates of which you have been given notice.


End-User License Agreement (EULA)

All users are required to agree to our EULA terms | there is no tolerance for objectionable content or abusive behavior by any user at any time.  Your use of the Montjoy App is governed by these Terms of Use which, together with our Privacy Policy, constitute the legal contract between you and Montjoy App, LLC regarding your use of the app which includes mobile app “experience(s)” throughout this Terms of Use.

 

PLEASE READ THIS TERMS OF USE POLICY CAREFULLY BEFORE USING THE APP. By using the Site, you also accept and agree to be bound by our Privacy Policy.

 

PRIVACY POLICY:

We are committed to protecting the privacy of any personal information you may provide to us when you use the Site. Please see our Privacy Policy for details.  https://montjoyapp.com/privacy-policy-2

 

ELIGIBILITY

Use of the Site is void where prohibited by law. By using the Site, you represent and warrant that: (1) all information you submit to us is truthful and accurate; (2) you are at least 18 years of age when using the Site; and (3) your use of the Site does not violate any applicable law or regulation. Your use of the Site may be terminated without warning if we believe you are in violation of any of these conditions. No one under the age of 18 may use the Site.

RESERVATION OF RIGHTS

Your use of the Site is a privilege and NOT a right. Accordingly, Montjoy App, LLC expressly reserves the following rights:

(1) the right to suspend, revoke and terminate your privilege to use the Site at any time and with or without notice, should we believe that you are violating these Terms of Use or any applicable law;

(2) the right to terminate your use of the Site, should we determine, in our sole discretion that you are a repeat or knowing copyright infringer; and

(3) the right to investigate any violation or suspected violation of these Terms of Use and cooperate with law enforcement authorities and/or third parties in such investigation.

PROHIBITED CONDUCT

At no point ever, will any Streamer/live video provider accept and/or provide any live video (audio and/or video recordings, photographs, artwork, or other materials) at/during/related to any event that is associated with and/or requires(d) a purchased ticket.  Montjoy App, LLC will not be held liable if a Dreamer/purchaser/requester and/or live video Streamer is associated with and/or engages at/with/during any event/experience/situation that requires any type of purchased ticket for admission. At no time ever shall/should any Dreamer/purchaser/requester of any live video stream experience request a live video stream of any event that has/does require a purchased event ticket.

 

By your use of the Montjoy App (and associated websites), you agree to the above/enclosed Terms of Use information.  This includes (but is not limited to) not recording any video through the Montjoy App at/during/associated with any event that requires any type of purchased ticket, which includes capturing with/through the Montjoy App any event participant's name, image, likeness, acts, poses, plays, appearance, movements, and/or statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance/event) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.

 

Montjoy App, LLC is not responsible for and will not be held liable under any circumstances. Montjoy App, LLC will not be liable for/if/when a Dreamer/purchaser/requester of any live video experience through the Montjoy App requests any type/level of financial refund. We are not responsible for the conditions or the actions of the Streamer at any event that requires a purchased ticket(s).

 

Furthermore (and not limited to), any recordings through the Montjoy App made by ticketholders on or near the/any ticketed event site may not be used for commercial or public purposes, unless consented to by the venue/ticket/ticketed event organizer/company (including, without limitation, having ads run on or beside such videos on YouTube and other video sharing websites).

Recording and transmitting any report, picture or reproduction of the event to which any ticketed event is related to, is unauthorized, all parties involved in unauthorized activity within/through/on the Montjoy App is/are solely responsible for and required to obtain any and all permissions required prior to any recording.  Posting, including but not limited to music clearances, and that recording or transmitting any video is always strictly forbidden/prohibited. (regardless of whether it is a single video or series) in perpetuity, without remuneration by Montjoy App, LLC or any of its affiliates.

  

IN NO EVENT WILL THE COMPANY PARTIES OR THEIR SUPPLIERS, ADVERTISERS AND SPONSORS, AND/OR ASSOCIATED BUSINESS PARTNERS BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, OR OTHER DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF, OR IN CONNECTION WITH, THE EVENT OR ANY PRODUCT OR SERVICE PURCHASED AT THE EVENT, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER ATTENDEE OF ANY EVENT TO CONFORM TO THESE TERMS OF USE, (b) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ATTENDANCE AT ANY EVENT, (c) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (d) ANY LOST, STOLEN OR DAMAGED TICKETS, OR FAILURE OF EVENT STAFF OR SECURITY TO HONOR YOUR USE OF ANY MONTJOY APP, LLC GOODS/SERVICES.


You may NOT make any illegal, unlawful, abusive, harmful, or improper use of the Site or any Content, or do anything that interferes with other users’ access and use of the Site or any Content. Without limitation to the generality of the foregoing, you are expressly and strictly prohibited from: (1) hacking, mail-bombing, flooding, overloading, attacking or otherwise sabotaging or interfering with the Site or any system, network, or server associated with the Site; (2) making unauthorized access (including access that exceeds the scope of

authorization) to the Site or any system, network or server associated with the Site, or to any user account on the Site; and (3) using any automated programs, tools or processes (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any system, network or server associated with the Site, or to extract, collect, harvest or gather any Content from the Site.

We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

Content Posted by Users https://montjoyapp.com/terms-of-use

When using Montjoy App, LLC’s products and services, you may have the ability to post content (e.g., videos, payment descriptions, business descriptions, comments, and/or photos). You are solely responsible for all content that you provide, post, upload, or submit.

We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality, or applicability of any content posted by users on/within the Montjoy App. Montjoy App, LLC does not endorse, guarantee, make representations or provide warranties regarding any such content.

Montjoy App, LLC may, in its sole discretion, reject or remove any content that violates our content standards throughout all policies and user agreements or for any other reason we deem the content inappropriate. Montjoy App, LLC shall have no obligation to monitor any content posted, uploaded, or submitted by a user, but may do so at its sole discretion. Montjoy App, LLC is not responsible for any failure or delay in removing any such content.

Content Standards https://montjoyapp.com/terms-of-use

You may not post or submit any content that violates our Acceptable Use Policy, Terms of Use or any content that is:

false, misleading, deceiving, inaccurate or dishonest, defamatory or invasive of another person's right of privacy or right of publicity, harmful, obscene, harassing, abusive, offensive, objectionable, violent or condoning violence or harm, displaying nudity or sexual activity, or otherwise unfit for publication inciting hatred of individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity; portraying or inciting animal cruelty or neglect, illegal, such as criminal activity, terrorism, obscenity, child pornography, human exploitation, illegal gambling, drug use, firearms or ammunition, and piracy infringing intellectual property or other proprietary rights of any party, or not authorized, such as content that you did not create or do not have permission to use creating a privacy or security risk to any person spam, letters, or pyramid schemes in Montjoy App, LLC’s sole discretion, objectionable or exposes users to harm or liability.

Please report inaccurate, inappropriate, or offensive content, policy violations, or other violations to our Content Standards (other than intellectual property infringement claims, which are covered in the section Submitting Intellectual Property Complaints) using this link. https://montjoyapp.com/help-center

USER REGISTRATION

You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

E. USE OF SERVICES.

The Services are for your personal use, only, except where otherwise expressly provided. The products, services, software, and information obtained from the Services may not be sold, transferred, licensed, reproduced, displayed, published, distributed, copied, performed, or modified by you, or used to create derivative works.

You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service. As examples of improper use, you agree not to:

1. Harass, stalk, defame, abuse, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

2. Post, upload, or disseminate any obscene, indecent, profane, defamatory, or other inappropriate or illegal material.

3. Use the Services in connection with surveys, contests, raffles, games, “pyramid schemes,” chain letters, junk email, spamming, or any duplicative or unsolicited messages.

4. Collect or store personally identifying information about other users for commercial or unlawful purposes.

5. Make any sexual request on behalf of or to a minor or harm minors in any other way.

6. Impersonate anyone.

7. Employ misleading addresses or false information.

8. Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including without limitation copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary approvals.

9. Use any material or information, including without limitation images or photographs, which are made available through the Services in any manner that infringes anyone’s proprietary right.

10. Upload, post, e-mail, or otherwise transmit files that contain so-called viruses, Trojan horses, worms, time bombs, trap doors, corrupted files, or any other similar software or programs that may damage the operation of anyone’s computer or property or adversely affect the quality, performance or functionality of the Services.

11. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Services specifically allow such messages.

12. Inhibit or restrict any other user from using and enjoying the Services.

13. Delete or falsify any copyright information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin source software or other material contained in an uploaded file.

14. Download any file posted by another user of a Service that you know, or reasonably should know, may not be legally reproduced, displayed, performed, or distributed in such a manner.

15. Violate any code of conduct or other guidelines which may apply to any particular Service.

16. Collect information about others, including but not limited to e-mail addresses, locations, and application settings.

17. Violate any applicable laws or regulations, including without limitation regulations promulgated by the U.S. Securities and Exchange Commission, and rules of any national or regional securities exchange.

18. Use, download, or otherwise copy, or provide (whether or not for a fee) to anyone any directory of users of the Services or other user or usage information.

19. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense any software employed in connection with Services.

Montjoy App, LLC is not required to monitor the Services. However, Montjoy App, LLC reserves the right to review and remove materials posted to the Services at its sole discretion.

In its sole discretion, Montjoy App, LLC may disclose any information it deems necessary or appropriate to satisfy any applicable law, regulation, legal process, or governmental request, or refuse to post, remove or edit any materials, in whole or in part.

Montjoy App, LLC is a creator-centered live video streaming mobile application site. Therefore, the main portion of your streams should be related to creativity. We reserve the right to temporarily or permanently ban specific streamers who disobey these terms.

App Stores.

You acknowledge and agree that the availability of the Applications may be dependent on the third party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and Montjoy App, LLC and not with the App Store and that Montjoy App, LLC is responsible for the provision of Services as described in this Agreement. However, if you downloaded the Application from the Apple App Store, Apple, and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control and be binding.

INTELLECTUAL PROPERTY

1. Trademarks. The “Montjoy App” name, the “Montjoy App” logo, the slogans “Community is a Team Effort” or “Inspiring Military Children,” and any and all other words, design, and logo marks and slogans of Montjoy App, LLC, whether existing now or in the future (collectively, “Montjoy App Marks”), are trademarks and service marks of Montjoy App, LLC and are protected by federal, state and international laws. Except for purposes of making truthful or otherwise lawful references or attribution to Montjoy App, LLC, you may not use any of Montjoy App, LLC Marks, or any variations thereof, for any purpose or in any manner, without Montjoy App, LLC’s express prior written permission. Without limitation to the generality of the foregoing, you may not use any of Montjoy App, LLC’s Marks for advertising, promotional or marketing purposes, or for seeking commercial or monetary gain, or in any way that deliberately or inadvertently claims, suggests, implies, or in Montjoy App, LLC’s sole judgment gives the appearance or impression of, any association, connection or affiliation with Montjoy App, LLC (other than a truthful, non-misleading indication that you are a member of or financial contributor to Montjoy App, LLC), or any endorsement, sponsorship or approval by Montjoy App, LLC. In addition, you may NOT use any of Montjoy App, LLC’s Marks in meta tags or as ad keywords without Montjoy App, LLC’s express prior written permission. Unless otherwise noted, all other trademarks and service marks appearing on the Site are the property of their respective owners.

2. Copyrights. All content and material residing on and/or associated with the Site, including, without limitation, text, literature, newsletters, publications, articles, editorials, images, photographs, graphics, artwork, animations, audios, videos, audiovisual material, software programs, user interfaces, social media applications and plug-ins, and all design, layout, and “look and feel” elements of the Site (collectively “Content”), belong to Montjoy App, LLC and its licensors, and are protected by U.S. and international copyrights. You may access and use the Site and Content for PERSONAL AND NON-COMMERCIAL USE ONLY, including downloading, printing, and storing for your own personal and non-commercial use copies of Content that have been made available for download and print, and sharing such copies with families and friends for their own personal and non-commercial uses; provided that:

(1) you do NOT remove, delete, alter or tamper with any copyright, trademark, or other proprietary notices appearing on or within the Site or any Content; and (2) you do NOT alter, modify, edit, or create derivative works from the Site or any Content. Except as expressly authorized by these Terms of Use or otherwise by Montjoy App, LLC, any reproduction, display, performance, distribution, use, or exploitation of the Site or any Content, whether for commercial purposes or otherwise, is expressly and strictly prohibited.

(2) Notwithstanding the above, bona fide news media users may make editorial uses of press releases. If you are a news media user, you agree that: you will not use Content for any personal or commercial use; you will indemnify, defend and hold Montjoy App, LLC harmless for any and all unauthorized use you may make of any Content, you acknowledge the unauthorized use of the Content could cause irreparable harm to Montjoy App, LLC and its members, owners, officers and directors, and that in the event of any unauthorized use, Montjoy App, LLC shall be entitled to an injunction in addition to any other remedies available at law or in equity against you.

3. User Material. As used herein, “User Material” means any written, visual, graphic, pictorial, photographic, audio, audiovisual, or other material furnished to Montjoy App, LLC by any user of the Site. By furnishing any User Material to us:

(1) you hereby expressly and irrevocably grant to Montjoy App, LLC a non-exclusive, perpetual, worldwide, gratis, royalty-free, fully paid up, sublicensable, assignable and transferable license to copy, reproduce, publish, distribute, publicly display, publicly perform, create derivative works from, and make other uses of such User Material, in whole or in part, to further Montjoy App, LLC’s purposes, missions and activities and to promote Montjoy App, LLC and its causes, projects and programs, in any and all media now known or hereafter devised, without notice or compensation or payment of any kind to you; you further acknowledge and agree that, if and to the extent such User Material contains personal identification of you (whether by name, likeness, voice or otherwise), the foregoing license shall automatically cover and extend to the use of your identity as embodied therein as part of such User Material; (2) you hereby represent and warrant that you own or otherwise control all of the rights in and to such User Material and that no use of such User Material will infringe or violate anyone’s copyright, trademark, trade dress, patent, trade secret, right of privacy, right of publicity, reputation, or other property, personal or proprietary right, or violate any applicable law; and (3) you hereby acknowledge and agree that we shall have the right (but not the obligation), at any time, in our sole discretion, to remove, delete, block, disable or deny access to any such User Material if we believe, in our sole judgment, that such User Material

violates these Terms of Use or any applicable law, or may expose or subject Montjoy App, LLC, or the Site to liability of any kind, or may adversely affect the reputation or goodwill of Montjoy App, LLC, or the Site.

4. Notification of Copyright Infringement Claims. If you believe that your copyright has been infringed by any User Material or Content on the Site, please notify us in writing: United States of America

Montjoy App, LLC

2026 Breton Hunt Lane

Suwanee, GA 30024

To enable us to investigate your alleged infringement or violation, please include the following in your notice:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) 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; (4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Montjoy App, LLC will investigate claims of copyright infringement upon receipt of proper notice and will take appropriate actions as required or permitted by law.

Please be aware that, under applicable law, anyone who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, may be liable for damages to those who are injured by such misrepresentation.

THIRD PARTY WEBSITES

For your convenience, the Site may contain links to third-party websites. Such linked third-party sites are not owned, controlled, operated or maintained by Montjoy App, LLC. Accordingly, Montjoy App, LLC is not responsible for the content, products, services, policies or activities of such linked third-party sites. The inclusion of any link or reference to a third-party site does not constitute or imply Montjoy App, LLC’s endorsement, sponsorship or approval of, or Montjoy App, LLC’s affiliation or association with, such third-party site or its content, products, services, views, opinions, policies or activities.

LINKING TO OUR SITE

You may only link to the homepage of the Site, provided that:

(1) your linking and your use of Montjoy App, LLC Marks for linking purposes are conducted in a truthful and non-misleading manner, and you do NOT misrepresent or falsely suggest that your website, or any of your content, products, services, views, opinions, policies or activities, is endorsed, sponsored or approved by, or is otherwise affiliated or associated with Montjoy App, LLC;

(2) your link must be a text-only link to the home page of the Site, and you do NOT use the Montjoy App, LLC logo or any other design or logo mark of Montjoy App, LLC for linking purposes;

(3) you do NOT publish false, misleading or inaccurate information about, or otherwise disparage, Montjoy App, LLC, or the Site; (4) you do NOT frame or otherwise create a browser or border environment around, or make deep linking, in-line linking or similar forms of linking to, the Site or any page of the Site or any Content;

(5) you do NOT link to the Site from any adult or sexually-oriented website;

(6) you represent and warrant that the content of your website is appropriate and consistent with the stated purposes of Montjoy App, LLC and applicable law; if this is not the case, please do not link to the Site;

(7) you do NOT link to the Site for commercial or fundraising purposes, unless you have the written approval of Montjoy App, LLC; and

(8) you otherwise comply with these Terms of Use.

Montjoy App, LLC reserves the right to rescind your privilege to link to the Site at any time in its sole discretion. Upon request by Montjoy App, LLC, you agree to immediately remove any link to the Site and to discontinue use of any Montjoy App, LLC Marks for linking purposes.

Ownership.

The Services and all rights therein are and shall remain Montjoy App, LLC’s property or the property of Montjoy App LLC’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted above.

You agree that you will not use Montjoy App LLC’s trademarks, service marks, or trade dress or any similar names, marks, or trade dress (“Montjoy App LLC’s Marks”), aside from use incidental to your use of the Services, without express, written permission from Montjoy App, LLC. This prohibition on using Montjoy App LLC’s Marks includes but is not limited to, use in domain names, websites, and social media accounts.

MAKING FINANCIAL CONTRIBUTIONS OR PURCHASES ON THE SITE

You may make financial contributions or purchases to/from Montjoy App, LLC directly on the Site. By making a financial contribution or purchase on the Site, you represent and warrant that: (1) you are a legal U.S. citizen and are at least 18 years of age when making such financial contribution or purchases; (2) all information you provide to Montjoy App, LLC is truthful and accurate, and you will update the information to keep it accurate; and (3) any financial contribution or purchase you make is legal in your jurisdiction.

Financial contributions or purchases made on the Site, once processed by Montjoy App, LLC, are NOT cancelable, refundable, or returnable.

Any information, literature, or other material we may send you regarding your financial contribution or purchase is solely for your personal, non-commercial use, and may NOT be redistributed, displayed, or copied.

Any personal information, including your name, address, email, and credit card information, that you disclose in connection with a financial contribution or purchase on the Site will be subject to our Privacy Policy.

Charges

As a Montjoy App, LLC user, you understand that requesting or any use of the Montjoy App, LLC Services may result in charges to you (“Charges”). Charges related to video experiences are addressed in the applicable Terms of Use and Privacy Policies. Charges for Video Services could include other applicable fees, tolls, surcharges, and taxes as set forth within/throughout various markets, plus any tips that you elect to pay. Montjoy App, LLC has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market or quoting you a price for a specific video experience(s) at the time you make a request. Pricing may vary based on the type of service you request (e.g., shared, economy, extra time) as described throughout this Terms of Use. You are responsible for reviewing all applicable Montjoy App, LLC policies or price quotes within the Montjoy App and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.

Pricing. There are two types of Pricing, variable and quoted.

Variable Pricing/Rates. Variable pricing consists of a base charge and incremental charges based on the duration and location of your video experience. For particularly short experiences, minimum rates may apply. Please note that we use GPS data from your mobile device to calculate your location. We cannot guarantee the availability or accuracy of GPS data. If we lose signal, we will calculate using available data from your device.

Quoted Pricing/Rates. In some cases, Montjoy App, LLC may advertise/list/quote a price at the time of your request. The quote is subject to change until the request is confirmed. If during your video experience, you change your destination, make multiple requests, or attempt to abuse the Montjoy App, LLC Platform, we may cancel the pricing and charge you a variable price/rate based on the time and location. Montjoy App, LLC does not guarantee that the quoted price will be equal to a variable price/rate for the same/similar video experience. Quoted prices/rates may include the Fees and Other Charges below, as applicable.

Service Fee. You will be charged a “Service Fee” for each time you submit a withdrawal request.

Prime Time. At certain times, including times of high demand for Video Services (“Prime Time”), you acknowledge that Charges may increase substantially. For all video experiences with a variable rate, we will use

reasonable efforts to inform you of any Prime Time increases in effect at the time of your request. For Quoted Rates we may factor in the Prime Time increases into the quoted price of the/any video experience(s).

Refund Policy. After requesting a video experience, you may cancel it through the Montjoy App, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting an experience. Please check out our Help Center to learn more about the refund policy, including applicable fees.

Damage Fee. If a user (Streamer or Dreamer) reports that you have materially caused any damages, the user, (you) agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Montjoy App, LLC in its sole discretion), towards repair or cleaning. Montjoy App, LLC reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee.

Other Charges. Other fees and surcharges may apply to your video experiences, including actual or anticipated airport fees, state or local fees, or event fees as determined by Montjoy App, LLC or its marketing partners. In addition, where required by law Montjoy App, LLC could/can/is authorized to collect applicable taxes. See your market’s Montjoy App cities availability for details on other charges that may apply during video experiences.

Tips. Following an experience, you may elect to tip your Streamer through the Montjoy Platform. You may also elect to set a default tip amount or percentage through the Montjoy App. Any tips will be provided entirely to the applicable Streamer.

Facilitation of Charges. All Charges are facilitated through a third-party payment processor (e.g., Authorize.net, First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc., Apple Pay, or Google Pay). Montjoy App, LLC may replace its third-party payment processor without notice to you. Charges shall only be made through the Montjoy Platform. Cash payments are strictly prohibited. Your payment of Charges to Montjoy App, LLC satisfies your payment obligation for your use of the Montjoy Platform and video Services. Certain Charges may be collectively billed as a single purchase transaction to your selected payment method based on the payment frequency in your settings. If you don't recognize a transaction, then check your receipts and payment history.

Coupons. You may receive coupons that you can apply toward payment of certain charges upon completion of an experience. Coupons are only valid for use on the Montjoy Platform and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined unless expressly provided otherwise, and if the cost of your video experience exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the experience. For quoted or variable fares, Montjoy App, LLC may deduct the amount attributable to the Service Fee, Tolls, or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the Montjoy App.

Credit Card Authorization. Upon the addition of a new payment method or each video experience request, Montjoy App, LLC may seek authorization for your selected payment method to verify the payment method, ensure the experience cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to an overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

Payments

If you are a Streamer, your individual Montjoy App user account/profile will be updated and reflect your financial balance based on payments for your provision of live video streaming Services pursuant to the terms of the Streamer User Agreement: Streamer Addendum. This will result in you as the Streamer qualifying to receive 50% of all generated total revenue to Montjoy App, LLC directly relating to/resulting from the individual live video streaming experiences that you provide. This also includes your app usage agreement, which shall form part of this Agreement between you and Montjoy App, LLC.

DISCLAIMERS

THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MONTJOY APP, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ALL CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, MONTJOY APP, LLC DOES NOT WARRANT OR GUARANTEE THAT: (1) THE SITE AND ALL CONTENT ON THE SITE WILL BE ERROR-FREE, ACCURATE OR UP TO DATE, OR WILL BE UNINTERRUPTED, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) RESULTS OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT ON THE SITE (INCLUDING, WITHOUT

LIMITATION, RESULTS OF ANY SEARCHES PERFORMED ON THE SITE) WILL BE RELIABLE; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (4) YOUR USE OF THE SITE OR ANY CONTENT ON THE SITE WILL NOT INFRINGE THIRD-PARTY RIGHTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MONTJOY APP, LLC, OR ANY OF MONTJOY APP, LLC’S OWNERS, MANAGERS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS MANAGERS, REPRESENTATIVES, ADVISORS OR VOLUNTEERS (COLLECTIVELY “MONTJOY APP, LLC AND ITS RELATED PARTIES”) BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, SALES OR PROFITS) RESULTING FROM (1) YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY CONTENT ON THE SITE OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER RELATING TO THE SITE OR ANY CONTENT ON THE SITE, EVEN IF MONTJOY APP, LLC AND ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ALL CONTENT ON THE SITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE MONTJOY APP, LLC AND ITS RELATED PARTIES AND TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY SUCH DAMAGES OR LOSSES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold Montjoy App, LLC and Its Related Parties harmless from and against any and all claims made by, and any and all damages and judgments (including reasonable attorneys’ fees) awarded to, any third party due to or resulting from: (1) your misuse of the Site or any Content; (2) your violation of these Terms of Use or any applicable law; (3) your breach of any of your representations and warranties set forth herein; or (4) any User Material provided by you.

GOVERNING LAW

These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws principles. The parties agree that the exclusive venue with regard to any claim related to the use of this Site shall be in courts of competent jurisdiction sitting in Richmond or Columbia County, Georgia.

MISCELLANEOUS

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Montjoy App, LLC concerning your use of the Site. If any provision of these Terms of Use is deemed by a court of competent jurisdiction to be unlawful, invalid, or unenforceable, it will not affect the validity and enforceability of the remaining provisions. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

CONTACT US

If you have any questions regarding the Site or these Terms of Use or wish to make a financial contribution, please contact us at:

Montjoy App, LLC

2026 Breton Hunt Lane

Suwanee, GA 30024

United States of America

info@montjoyapp.com