TERMS OF USE

By accessing or using the Services, you agree to these Terms and the policies and additional terms that apply to the features you use.

If you do not agree, please do not use the Services.

If you use OH THAT! on behalf of a company, organization or other legal entity, you represent that you have authority to bind that entity.

Certain activities may require additional agreements or terms.

These may include terms for sellers, buyers, marketplace transactions, hosts, creators, performers, sponsors, promotions, auctions, age-restricted areas or other programs.

When specific terms conflict with these general Terms for a particular activity, the more specific terms control for that activity.

OH THAT! is being developed, tested and improved.

We may add, remove, test, modify, restrict, suspend, discontinue or change features, functionality, categories, eligibility requirements, policies or parts of the Services.

Some pages may describe planned features, programs or opportunities that are not yet available.

Nothing on a pre-launch or informational page guarantees that a feature will launch, launch on a particular date, remain available or remain unchanged.

We may also offer different features, terms or availability to different users, locations, categories or programs where permitted by law.

Some features may be offered as beta, pilot, experimental, early-access or limited-release features. They may have additional terms, may not work as expected, and may be changed or discontinued at any time as permitted by law.

We may update these Terms as OH THAT! evolves.

When we do, we will update the “Last updated” date.

Where required or appropriate, we may provide additional notice.

Your continued use of the Services after updated Terms take effect constitutes acceptance to the extent permitted by law.

The general OH THAT! service is intended for people who are at least 18 years old, or the age of majority where they live if higher.

Certain features, products, shows, categories or areas may have additional age, identity, location, eligibility or verification requirements.

We may restrict access where required by law, payment-provider rules, platform policy, risk considerations or the requirements of a particular program.

Certain features may require an account.

You agree to provide accurate information and keep required information reasonably current.

You are responsible for protecting your account credentials and for activity through your account to the extent permitted by law.

You may not sell, transfer, rent or provide unauthorized access to your account.

Tell us promptly if you believe your account has been compromised.

We may require identity, business, age, payment or other verification before providing or restoring access to certain features.

Use OH THAT! like a human being dealing with other human beings.

You may not use the Services to:

• violate law;
• commit or facilitate fraud, deception or theft;
• impersonate another person or organization;
• provide materially false or misleading information;
• manipulate transactions, bids, prices, engagement, reviews, ratings, recommendations or platform systems;
• harass, threaten, exploit or unlawfully discriminate against others;
• infringe intellectual-property, privacy, publicity or other rights;
• distribute malware or malicious code;
• interfere with the security or operation of OH THAT!;
• gain or attempt unauthorized access to systems, accounts or data;
• evade restrictions, suspensions, limits, fees or verification requirements;
• use unauthorized bots, scraping, crawling or automated extraction;
• reverse engineer Services except where applicable law expressly permits it;
• artificially manipulate traffic, followers, engagement or marketplace activity;
• sell or promote prohibited products or services;
• facilitate money laundering or other unlawful financial activity;
• abuse promotions, referrals, credits or incentives;
• interfere with another user's legitimate use of the Services; or
• assist another person in doing any of these things.

We may investigate suspected abuse and take reasonable action to protect users, the marketplace, OH THAT! and others.

The OH THAT! name, logos, graphics, software, designs, interfaces, original programming, show formats, creative elements and other materials are owned by or licensed to FranklinAlexander Ventures, LLC and protected by applicable law.

Using OH THAT! does not transfer ownership of our intellectual property to you.

Subject to these Terms, OH THAT! grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Services for their intended purposes.

Except as permitted by us or applicable law, you may not reproduce, distribute, modify, sell, commercially exploit or create unauthorized derivative works from our materials.

See our Copyright & Trademark Notice for additional information.

You may submit content through OH THAT!, including listings, photographs, videos, livestreams, comments, chat, reviews, profiles, applications, audition materials, product information and other content.

You retain ownership of content that belongs to you.

You represent that you have the rights necessary to submit it and grant the permissions described here.

By submitting or making content available through the Services, you grant FranklinAlexander Ventures, LLC a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to host, store, reproduce, modify for formatting or technical purposes, display, perform, distribute and otherwise use that content as reasonably necessary to:

• operate OH THAT!;
• provide the Services;
• display listings, profiles and participation;
• distribute live and recorded programming;
• create replays, clips, previews and promotional materials;
• promote OH THAT!, its programming and your participation;
• maintain, improve and develop the Services; and
• exercise rights reasonably necessary for the purposes for which the content was submitted.

This license does not transfer ownership of your content to OH THAT!.

Where reasonably necessary for content already incorporated into a show, recording, replay, clip, promotional material, transaction record, legal record or other completed use authorized under these Terms, the permissions necessary for that existing use may continue after you remove the original content or stop using OH THAT!.

Additional releases or agreements may provide broader or more specific rights for hosts, sellers, performers, creators, sponsors and other participants.

You understand that content made public through OH THAT! may be seen, shared or captured by others.

Do not submit material you do not have the right to use.

We like ideas. Please understand what happens when you send one.

If you voluntarily provide feedback, suggestions, concepts, feature ideas or other ideas about OH THAT! without a separate written confidentiality agreement, we may use them without restriction or compensation to you.

Do not send confidential business ideas through an ordinary contact form.

This section does not apply to material protected by a separate written agreement with us.

OH THAT! may include live shows, seller streams, interviews, auditions, performances, chat, demonstrations and recorded content.

Live means things can happen in real time.

We may record, moderate, delay, interrupt, remove, replay, clip, edit, distribute or otherwise manage content where permitted by applicable agreements and law.

Hosts, sellers, creators, performers, guests and other participants may be required to sign additional releases or participation agreements.

Public interactions with livestreams, including comments, chat or reactions, may appear in recordings, clips or replays depending on the feature.

Simply watching or shopping does not give OH THAT! permission to use your private likeness in advertising.

OH THAT! brings people together. Participation alone does not make a seller, host, creator, performer or other participant our employee, agent, partner, franchisee, joint venturer or legal representative.

Different participants may operate under different agreements.

Sellers are responsible for obligations assigned to them under applicable Seller Terms, Marketplace Terms and law. Our Seller Standards describe the expectations that apply today.

Those obligations may include product accuracy, authenticity, condition, inventory, pricing claims, required disclosures, legality, safety, intellectual-property rights, fulfillment, shipping and customer service.

Hosts, creators, performers, sponsors and other participants may have separate agreements defining their responsibilities and rights.

OH THAT! may facilitate transactions between buyers and sellers.

The precise legal, payment and transaction structure may vary depending on the feature, seller, product, location, payment method or program.

Additional Marketplace Terms, Seller Terms or transaction-specific rules may govern:

• purchases;
• sales;
• payments;
• payouts;
• fees;
• taxes;
• shipping;
• delivery;
• cancellations;
• returns;
• refunds;
• disputes;
• chargebacks;
• reserves;
• holds;
• transaction limits; and
• other marketplace responsibilities.

Those terms will control for the applicable transaction.

Do not rely on general website copy as establishing transaction terms that are governed by a more specific agreement.

Prices, product availability, promotions and offers may change.

Sellers are responsible for pricing and product representations assigned to them under applicable terms.

OH THAT! may offer or facilitate:

• fixed-price sales;
• limited drops;
• promotional pricing;
• credits;
• coupons;
• referrals;
• giveaways;
• auctions;
• bidding;
• offers; or
• other transaction or promotional formats.

Not every format will necessarily be available.

Additional rules may apply to a particular promotion or transaction format.

OH THAT! may offer auctions, bidding or other interactive transaction formats in the future.

If offered, additional rules may govern matters such as:

• bids;
• bid timing;
• payment authorization;
• cancellations;
• winning transactions;
• technical interruptions;
• prohibited manipulation;
• seller obligations; and
• disputes.

OH THAT! may delay, cancel, void or take other appropriate action concerning an auction or transaction where reasonably necessary to address fraud, technical failure, policy violations or legal requirements, subject to applicable law and specific transaction terms.

OH THAT! may use third-party providers for payment processing, payouts and related financial services.

Those providers may require users to accept additional terms or provide information directly to them.

OH THAT! may receive payment status, payout status, transaction information, tokens, risk signals or other information necessary to operate the marketplace.

The payment structure, seller payout timing, reserves, holds, recovery mechanisms and related financial rules may vary and will be governed by applicable transaction or seller terms.

Nothing in these general Terms guarantees a particular payout schedule or payment method.

Trust requires knowing enough about who is doing business on the platform.

We or specialized providers may require identity, contact, business, tax, banking, payment, age or other information to:

• verify eligibility;
• process transactions;
• process payouts;
• prevent fraud;
• assess risk;
• protect buyers and sellers;
• enforce marketplace rules; or
• comply with law.

Where practical, specialized providers may collect, verify and maintain sensitive underlying information directly rather than OH THAT! storing it.

OH THAT! may receive verification status, risk signals or other information necessary to operate the platform.

Verification does not guarantee that a person, product or transaction will never create a problem.

We may require additional verification, restrict activity, impose transaction limits, delay or restrict payouts, require reserves or take other risk-management measures where permitted by applicable agreements and law.

Unless applicable transaction terms state otherwise, third-party sellers are responsible for fulfilling their orders and complying with the shipping, tracking, packaging and delivery requirements that apply to them.

OH THAT! may provide or require shipping tools, tracking, labels, carriers, logistics providers or other fulfillment-related services.

The availability of those services does not necessarily make OH THAT! the seller, shipper or manufacturer of a product.

Specific shipping and delivery obligations will be described in applicable marketplace or seller terms.

Problems sometimes happen.

OH THAT! may provide support, escalation and marketplace-resolution processes for qualifying transaction problems.

The availability of a support or resolution process does not mean OH THAT! automatically assumes every seller obligation or guarantees reimbursement for every dispute.

Returns, refunds, cancellations, chargebacks, seller responsibilities and buyer protections may be governed by additional transaction terms and applicable law.

We may investigate disputes and consider relevant information from buyers, sellers, payment providers, carriers and other sources.

Nothing in these Terms prevents rights or remedies that applicable law says cannot be waived.

Products sold by third-party sellers are provided by those sellers or applicable manufacturers, not manufactured by OH THAT! merely because they appear on the platform.

OH THAT! may review, approve, verify, restrict or remove sellers, listings or products.

Such review does not guarantee every product, seller statement or transaction.

Third-party products may carry warranties or protections provided by sellers or manufacturers.

Those warranties are separate from OH THAT! unless we expressly state otherwise.

OH THAT! may prohibit, restrict, condition or require additional approval for particular products, services, categories or transaction types.

Restrictions may be based on:

• law;
• safety;
• fraud risk;
• authenticity risk;
• payment-provider rules;
• shipping restrictions;
• age requirements;
• intellectual-property concerns;
• advertising restrictions;
• insurance requirements;
• platform standards; or
• other legitimate marketplace considerations.

A product being legal somewhere does not guarantee it is permitted on OH THAT!.

Our Seller Standards and additional category policies may provide more information.

Certain future OH THAT! programming, products or areas may be intended only for adults or may have additional eligibility requirements.

These areas may require:

• age verification;
• separate terms;
• separate seller approval;
• restricted access;
• specialized payment arrangements;
• additional content rules;
• different advertising or distribution rules; or
• other safeguards.

Access to the general OH THAT! service does not automatically provide access to every specialized area.

OH THAT! may contain advertising, sponsorships, product placements, affiliate relationships, branded content and other commercial relationships.

We intend to make disclosures where required by law.

Sponsors and advertisers are responsible for claims and materials they provide.

A commercial relationship does not necessarily mean OH THAT! independently guarantees or endorses every claim made by a sponsor or advertiser.

Additional sponsorship or advertising agreements may apply to business partners.

OH THAT! may offer promotions, giveaways, contests, credits, referral programs or other incentives.

Additional official rules or terms may apply.

We may restrict eligibility, impose limits, correct errors, prevent abuse or disqualify participation where permitted by the applicable rules and law.

Do not assume that every promotion or incentive is available to every user or location.

OH THAT! is a for-profit business with community impact built into its vision.

OH THAT! may:

• fund organizations from its own economics;
• feature community organizations;
• produce benefit programming;
• facilitate fundraising initiatives;
• offer customers optional ways to contribute additional amounts; or
• develop other community-benefit programs.

The structure, beneficiary, amount, timing and rules may vary by program.

Additional disclosures or terms may apply. Our Community Impact page describes what is live today and what is still planned.

Unless specifically stated otherwise, OH THAT! is not itself a charitable organization, and a payment made to OH THAT! should not automatically be assumed to be a tax-deductible charitable contribution.

Featuring or supporting an organization does not make that organization responsible for OH THAT!, or OH THAT! responsible for that organization's activities.

OH THAT! may integrate with or link to services operated by other companies.

These may include providers for:

• payments;
• payouts;
• verification;
• fraud prevention;
• tax;
• shipping;
• communications;
• customer support;
• analytics;
• advertising;
• video;
• authentication; and
• other functions.

Third parties may have their own terms and privacy policies.

We are not responsible for an independent third party merely because OH THAT! links to or integrates with it.

Our use of a third-party provider does not eliminate obligations that applicable law places directly on OH THAT!.

Our Privacy Policy explains how information may be collected, used and disclosed.

By using OH THAT!, you acknowledge our Privacy Policy.

We respect intellectual-property rights.

If you believe material on OH THAT! infringes your rights, follow the process in our Copyright & Trademark Notice.

We may remove or restrict content and take action concerning repeat infringement where appropriate or required.

OH THAT! may moderate content and marketplace activity.

We may remove content, restrict features, cancel or limit participation, require additional verification, suspend accounts or terminate access where reasonably necessary to:

• enforce these Terms;
• enforce other applicable policies;
• protect users;
• address fraud or security risks;
• comply with law;
• protect intellectual-property rights;
• protect marketplace integrity; or
• protect OH THAT! and others.

We are not obligated to monitor every piece of content or every interaction before it occurs.

Where appropriate, we may consider context, severity, history, risk and other relevant information.

We may restrict, suspend or terminate access to some or all of OH THAT! where permitted by law and reasonably necessary for legal, safety, security, fraud, marketplace-integrity or policy reasons.

Some situations may require immediate action.

Where appropriate and practical, additional processes may be provided under applicable seller or marketplace rules.

You may stop using OH THAT! at any time.

Provisions that by their nature should survive termination will continue to apply.

We want OH THAT! to work.

We cannot promise that it will always be available, uninterrupted or error-free.

Livestreams and marketplace services can be affected by internet connectivity, devices, third-party providers, technical failures and circumstances outside our control.

We may perform maintenance or modify the Services without guaranteeing continuous availability.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DISCLAIM WARRANTIES THAT MAY LEGALLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT:

• THE SERVICES WILL ALWAYS BE AVAILABLE OR ERROR-FREE;
• EVERY SELLER OR BUYER WILL PERFORM AS EXPECTED;
• EVERY PRODUCT DESCRIPTION OR USER STATEMENT WILL BE ACCURATE;
• EVERY PRODUCT WILL MEET A USER'S EXPECTATIONS;
• EVERY TRANSACTION WILL BE FREE FROM DISPUTE; OR
• EVERY THIRD-PARTY SERVICE WILL OPERATE WITHOUT INTERRUPTION.

NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT LEGALLY BE EXCLUDED.

TO THE FULLEST EXTENT PERMITTED BY LAW, FRANKLINALEXANDER VENTURES, LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICES.

THIS MAY INCLUDE, WHERE PERMITTED BY LAW, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, BUSINESS INTERRUPTION OR LOSS OF GOODWILL.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED.

To the extent permitted by law, you agree to defend, indemnify and hold harmless FranklinAlexander Ventures, LLC and its owners, officers, employees, contractors and agents from claims, liabilities, damages, losses and reasonable costs arising from:

• your violation of these Terms;
• your unlawful use of OH THAT!;
• content or materials you submit;
• your infringement of another person's rights; or
• products, services, representations or conduct for which you are legally responsible.

Seller, Host, Sponsor and other agreements may contain additional indemnification obligations appropriate to those relationships.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules, except where applicable law requires otherwise.

Subject to rights that cannot legally be waived, disputes brought in court will be brought in an appropriate state or federal court located in Miami-Dade County, Florida.

Nothing in these Terms eliminates rights or remedies that applicable law says cannot be waived.

When you use OH THAT! or communicate with us electronically, we may communicate with you electronically as permitted by law.

Electronic communications may include email, account notices, platform messages or other electronic methods.

You agree that electronic notices may satisfy legal communication requirements where permitted by law.

Marketing communications remain subject to applicable consent and opt-out requirements.

FranklinAlexander Ventures, LLC may offer text-message programs in connection with OH THAT!, including informational, transactional, service-related, game-related, event-related, promotional and marketing communications.

Receiving text messages is optional. Providing a mobile telephone number does not by itself constitute consent to receive text messages, and consent to receive text messages is not required as a condition of purchasing goods or services or participating in an OH THAT! program except where applicable law expressly permits otherwise.

Where consent is required, we will request it through an appropriate opt-in process. Marketing and promotional text-message consent may be requested separately from consent to receive non-marketing or informational text messages.

Message frequency may vary depending on the program and your interaction with OH THAT!. Message and data rates may apply.

You may cancel SMS messages at any time by replying STOP to a message from us. After we receive a valid STOP request, we may send a confirmation message indicating that you have been unsubscribed. After that confirmation, you will no longer receive messages covered by that opt-out unless you subsequently provide valid consent again.

For assistance with an SMS program, reply HELP or contact OH THAT! through the Contact & Support page.

Carriers are not liable for delayed or undelivered messages.

Different text-message programs may have different message frequencies, purposes or eligibility requirements. Additional disclosures provided when you opt in form part of the applicable messaging terms.

Our handling of personal information, including mobile information, is described in our Privacy Policy.

Marketing communications remain subject to applicable consent, opt-out and other legal requirements.

You may not assign or transfer these Terms or rights under them without our consent where such restriction is permitted by law.

We may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets or other legitimate business transaction, subject to applicable law.

If a provision of these Terms is found unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

Our failure to enforce a provision immediately does not waive our right to enforce it later.

These Terms, our Privacy Policy and any additional terms or agreements applicable to a particular service or relationship constitute the applicable agreement between you and OH THAT!.

Section headings exist for convenience and do not change the meaning of the Terms.

Questions about these Terms or formal legal notices may be submitted through Contact & Support using the “Legal notice” category.

For privacy matters, use Contact & Support and select “Privacy request.”

Copyright and intellectual-property matters should follow the procedure in our Copyright & Trademark Notice.

Accessibility questions are welcome through our Accessibility Statement.

OH THAT! is operated by FranklinAlexander Ventures, LLC, a Wyoming limited liability company.