Welcome to Slushy! Different parts of these Terms of Use apply to you depending on where you access the Slushy Platform from. Please make sure that you read the part of these Terms of Use applicable to you:

Part 1 – Terms of Use for US and Canadian users

(Last Updated: August 2022)

BY ACCESSING OR USING OUR WEBSITE OR OUR PLATFORM YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Boink Technologies, Inc. (“SLUSHY”) operates and manages the Slushy.com web Platform, where independent content creators can upload, publish, distribute, license, share, and sell, their original pictures and videos, and can offer services to certain Users. The Platform supports explicit adult language, themes, images, content and/or entertainment and is only open to consenting adults. Capitalized terms used herein are defined in Section 2 below.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 18.2 (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 18.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 18.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING.

1. INTRODUCTION; PLATFORM RULES.

These Terms of Use for all Users form the binding contract between SLUSHY and YOU (hereafter “User” or “you”, including the variants “your” and “yours”) and governs your rights and responsibilities in connection with your use of the Platform. You acknowledge by accessing or using the Platform, for by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood and agree to be bound by these Terms , whether or not you are a registered user of the Platform, and that certain other terms, agreements and policies will also apply to you and form part of your agreement with us as a User. Such terms, agreements and/or policies, together with these Terms of Use, referred to collectively herein as the “Platform Rules” or “Terms”, include:

1.1.1. Terms of Use for All Users – which apply to all individuals using the Platform, whether or not they have registered an account;

1.1.2. Terms of Use for Members – which contain additional terms which apply if you use the Platform as a Member;

1.1.3. Terms of Use for Creators – which contain additional terms which apply if you use the Platform as a Creator;

1.1.4. Trust & Safety Policy – which applies to all Users and tells you what we expect from you as a User of the Platform;

1.1.5. Acceptable Use Policy – which applies to all Users and tells you what you can and can’t do on the Platform;

1.1.6. Referral Program Terms – which outline the terms that apply if you participate in the SLUSHY Referral Program;

1.1.7. Compliance Levels & Permissions Chart – which applies to all Members and tells you what identity verification information you must provide in order to access certain features on the Platform;

1.1.8. Payment Policy – which applies to all Members and Creators and outlines all pricing, billing, disbursement, Tax, and related information;

1.1.9. Each of the Content Removal Policy; Content Reporting Policy; and Content Moderation Policy; - which sets out the procedure for making a complaint about Content or other aspects of the Platform, and how we will deal with such complaints;

1.1.10. Monthly Compliance Report Policy – which sets forth our reporting obligations with respect to all Content Published to the Platform; and

1.1.11. Frequently Asked Questions Page or our SLUSHY Policies Page – both of which apply to all Users and contain additional terms, notices and policies governing your use of the Platform.

You also understand and acknowledge that your personal information will be collected, used, shared, and otherwise processed in accordance with our Privacy Notice, and which applies to all Users.

“Hereof”, “herein”, “hereto”, “hereunder”, and similar expressions mean and refer to these Terms;