Free Post Terms

Last Updated March 2023

Archived Versions

Welcome
1. This page sets out the terms and conditions (the "Promotion Terms") ****that apply to our Free Post Promotion (the "Promotion"). By clicking "Claim your free post" and adding a payment method to your Member Account you agree to these Promotion Terms.
2. Please read these Promotion Terms carefully and make sure you understand and agree to them before you participate in the Promotion.
3. The Promotion is void where prohibited by law.
Claiming and receiving a Free Post
1. Boink Technologies, Inc ("Slushy", "we", "our" or "us") operates a platform, which we make available as a service through a web application available at slushy.com, that allows content creators ("Creators") to upload and share pictures, videos, live video streams and other content (the "Content") and allows users to view and subscribe to such Content (the "Platform").
2. Creators make certain paid Content available for purchase by Members, or to Members who subscribe to Content from that Creator for a subscription fee ("Paid Content"). To become a "Member", you will need to sign up to the Platform and create an account (your "Member Account").
3. If you have not previously added a payment method to your Member Account, you can claim one randomly selected item of Paid Content for free (a "Free Post") by:
  1. clicking "Claim your free post" in the pop-up displayed to you when you access the Platform; and
  2. adding a valid payment method to your Member Account.
4. Once you have claimed your Free Post and added a valid payment method to your Member Account, we will select a Free Post at random from among the Content published by Creators to the Platform who have opted in to participate in the Promotion.
5. We will deliver your Free Post to you using the in-Platform direct messaging functionality.
Eligibility
1. The Promotion is open to anyone who has registered with us as a Member and created a Member Account, except:
  1. employees of any of our group companies;
  2. anyone else professionally connected with the Promotion; and
  3. the immediate family members of any of the above.
Important information about Free Posts
1. The Free Post has no cash value and there is no cash alternative for the Free Post.
2. The Free Post is not negotiable or transferable. Once you have received your Free Post, we will not replace that Free Post for different Content.
Changes to, or termination of the Promotion
1. Slushy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Promotion with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud).
2. We may also modify or discontinue the Promotion at any time, although this will not affect your eligibility to receive a Free Post which you have already claimed.
Our responsibility to you We will not be responsible to you for:

a. any losses that are caused by a delaying event outside our control, such as losses that you suffer as a result of any delays in setting up your payment method on the Platform, or any delays in delivering the Free Post to you, in each case that are due to any emergency or scheduled maintenance of our systems that cause the Platform or certain features of the Platform to be unavailable;

b. any losses you suffer that were not reasonably foreseeable. Loss is foreseeable if either it is obvious that it will happen or if, at the time you claimed your Free Post as set out in paragraph 2.3 above, both we and you knew it might happen;

c. loss that you could have avoided by taking reasonable action, or loss that s caused by a failure by you to comply with these Promotion Terms;

d. loss that relates to your use of the Platform or your participation in the Promotion for the purposes of your trade, business, craft or profession.

6.2 . Nothing in these Promotion Terms shall exclude the liability of Slushy for death, personal injury, fraud or fraudulent misrepresentation as a result of its negligence, or any other matter for which the law does not allow us to exclude or limit our liability.
Your personal details
1. Please see our Privacy Notice for more information about how we handle your information.
General
1. We intend to rely on these Promotion Terms as setting out the written terms of our agreement with you for each of your and the Referred Member's participation in the Promotion. If part of these Promotion Terms cannot be enforced then the remainder of the Promotion Terms will still apply to our relationship.
2. If you have any questions about the Promotion, please email us at [email protected] with "Free Post Promotion" in the subject line.
3. If you are in the US or Canada, the Promotion will be governed by laws of the State of Florida, without regard to its conflicts of laws rules. The state and federal courts located in Florida will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Promotion Terms or their formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Any disputes arising from or related to these Promotion Terms shall be resolved as set out in the Terms of Use for all Users. If you are in the USA or Canada, this means that the Arbitration Agreement shall apply to and govern any dispute between you and Slushy, other than any actions for which Slushy retains the right to seek injunctive or other equitable relief; as set out in the Terms of Use for all Users.
4. If you are not in the US or Canada, the Promotion and these Promotion Terms will be governed by the law of the country you are in. The courts of that country will have non-exclusive jurisdiction over any dispute arising from or related to these Promotion Terms or the Promotion.

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