Terms of Use


These Terms of Use (hereafter “Terms”) apply to your use of the Alaska Bunch website (hereafter “Website”), application (hereafter “App”), and all services and information provided to you through the Website and App.

READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES. Your use of the Website and/or App constitutes your agreement to these Terms. It is also important for you to check these Terms frequently, as changes to these Terms can be made at any time, and are effective upon posting. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OUR WEBSITE OR APP.

The Contract

By using our Website and/or App, you are entering into a contractual agreement with Alaska Bunch, Co. (hereafter “Contract”). You agree that you are 18 years of age or older, or if you are under the age of 18, you’ve obtained and can evidence consent from your parent or legal guardian to your execution of this Contract and use of the Website and/or App in the manner prescribed by these Terms.

In this Contract, “Users” refers to anyone that accesses our Website or Application. Further, some of our Users are considered “Voters,” while others are considered “Askers,” as defined in the next section. If you are a User, provisions in these Terms regarding Users apply to you. If you are also a Voter, further provisions in these Terms regarding Voters apply to you. If you are also an Asker, further provisions in these Terms regarding Askers apply to you.

The Services

Our Services consist of a technology platform allowing Users to create and post customized survey questions (“Polls”), and then compensate other Users for completing these Polls. Users that access our Poll-creation platform are referred to as “Askers,” and Users that access our Poll-response platform are referred to as “Voters.” Askers access our Services through both our Website and our App, which can be downloaded onto a mobile device. Voters access our Services primarily through our App, but may also access our Services through our Website.

As a part of our Services, we facilitate payments from the Askers to the Voters. Further clarification on the relationship between Alaska Bunch and its Users, and the Users to each other, can be found in the next section.

Our Relationship

Alaska Bunch is a marketplace that connects Askers to Voters. Our Services allow Askers to compensate Voters for their participation in online surveys created on our Website or App. Alaska Bunch does not provide any responses to Polls, nor does it employ any Voters to respond to Polls. All Users operate independently of Alaska Bunch.

License

Subject to your compliance with these Terms, Alaska Bunch grants you a limited, non-sublicensable, non-transferable, and revocable license to the following for your personal use:

     1. Access and use of our Website and App solely in connection with your use of our Services.

     2. Access and use of all content, information, and related materials made available through our Services.

Any rights not expressly granted herein are reserved by Alaska Bunch and its Licensors.

Registration

In order to use many of our Services, you must create and maintain an account (“Account”). When you sign up for an Account with Alaska Bunch, you may be asked personal questions regarding your age, gender, location, billing and payment information. This information must be filled out accurately in order to be permitted to use our Services. You are responsible for all activity that takes place through your Account.

Additionally, Voters may be asked questions regarding personal interests, political and religious beliefs, hobbies, and other topics that help us build a demographic profile for you. You are not required to answer any of these questions, however we do encourage voters to answer these questions as they improve the utility of our Services. Voters that answer demographic questions may have access to preferred features on the App, such as the ability to withdraw funds at a lower minimum balance.

Alaska Bunch may add additional demographic questions as we develop our Services, which we may ask Voters to answer in a Poll, similar to the other Polls created by Users. Voters will not compensated for Polls created by Alaska Bunch, however Voters may skip these questions if they prefer.

User Restrictions, Requirements, and Conduct

All Users agree to the following requirements and rules of conduct:

     ● User agrees that he or she is 13 years of age or older

     ● User agrees not to remove any copyright, trademark or other proprietary notices from any portion of our Services

     ● User agrees not to reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Services except as expressly permitted by Alaska Bunch

     ● User agrees not to decompile, reverse engineer or disassemble our Services except as may be permitted by applicable law

     ● User agrees not to link to, mirror or frame any portion of our Services

     ● User agrees not to cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services

     ● User agrees not to attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Further, all Voters agree to the following additional requirements and rules on conduct. See the next section for the rights of Alaska Bunch to enforce these Terms:

     ● Voter agrees to respond honestly and thoughtfully to polls. This means that for each Poll, the Voter will take the time to read, understand, and respond to the Poll correctly and to the best of his or her knowledge and/or ability. Alaska Bunch monitors voting behavior on the App and searches for dishonest and thoughtless voting patterns

     ● Voter agrees not to allow other people to vote on Polls through his or her account

     ● Voter agrees not to create and/or operate any more than one account. This includes creating multiple accounts for one User, or using our App through another Voter’s account

     ● Voter agrees not to use any unfair means of increasing revenue or decreasing workload through the App, including, but not limited to, creating programs to automatically vote on Polls, using multiple mobile devices for voting, or otherwise artificially expediting or outsourcing the voting process

     ● Voter agrees that while Alaska Bunch holds funds in the Voter’s account balance, which was earned by the Voter through answering Polls, Alaska Bunch may use these funds for any purpose as permitted by law. Voters have no entitlement to interest earned on investments made by Alaska Bunch with their funds while being held

     ● Voter agrees to abide by his or her state and country’s applicable tax laws regarding income earned through Alaska Bunch

Further, all Askers agree to the following additional requirements and rules on conduct. See the next section for the rights of Alaska Bunch to enforce these Terms:

     ● Asker agrees not to use offensive language in the prompt fields when creating a Poll. This includes crude, vulgar, racist, sexist, and otherwise explicit and/or derogatory language

     ● Asker agrees not use offensive images when creating a Poll. This includes any kind of nudity, graphic violence, gore, sexual explicitness, hateful symbols, explicit text, or otherwise inappropriate images

     ● Asker agrees not to misrepresent his or her identity when creating a Poll

     ● Asker attests that all images and text taken from other sources have the appropriate permissions to do so

     ● Asker agrees not to post any Poll that could be considered an infringement of a copyrighted, trademark, or otherwise protected material

Enforcement of User Requirements and Conduct

User accepts that the following enforcement measures may be used by Alaska Bunch to track and penalize breaches of these Terms. This is not a comprehensive list, as Alaska Bunch reserves the right to use any fair means of enforcement not restricted in these Terms or in our related Privacy Policy:

     ● Alaska Bunch will track and monitor the behavior of Voters while using this App, including, but not limited to, which answers the Voter selects, how long it takes for a Voter to answer, and how a Voter’s responses compare to those of other Voters

     ● Alaska Bunch reserves the right to create internal guidelines, which it deems fair, for what constitutes dishonest or thoughtless voting behavior. Voters found to be voting dishonestly and/or thoughtlessly as determined by our internal guidelines will be penalized in one or more of the following ways:

          ○ Written requests to refrain from this type of voting behavior

          ○ Suspension of account and withholding of account’s funds

          ○ Termination of account, with a penalty fee equal to that of the balance in the Voter’s account

     ● Alaska Bunch moderates all Polls that are created, and reserves the right to remove or refuse to publish any Poll for any reason

Third Party Services

Our services may be accessed through third party services that Alaska Bunch does not control. Alaska Bunch does not endorse these third party services and is not responsible or liable for any of their products or services. Such third parties include, but are not limited to Apple Inc., Google, Inc., and Microsoft Corporation. User understands that these third parties may have their own privacy policies and terms and conditions, which you are subject to. Any third party beneficiaries are not parties to this contract, and are not responsible for the provision or support of our Services in any manner.

Ownership

All Services and rights therein are the property of Alaska Bunch and/or its licensors. Prior to use of any of Alaska Bunch’s names, logos, trademarks, products, or services, or of any of those of our licensors, you must obtain expressly written consent from Alaska Bunch or the applicable licensor.

Promotional Codes and Credits

Alaska Bunch may, at our own discretion, give Account credit to Users (both Askers and Voters), or give promotional codes that can be redeemed for Account credit, or offer other features and benefits related to our Services through credits and promotional codes. In addition to any terms that Alaska Bunch establishes for each credit issue and promotional code individually, you agree to adhere to the following restrictions for all such credits and promotional codes:

     ● Promotional codes and Account credits must be used lawfully, by the intended audience, and for its intended purpose

     ● Promotional codes and Account credits may not be sold, transferred, duplicated, or made available to the public either online, in a public space, or in any other manner, unless expressly permitted by Alaska Bunch.

     ● Promotional codes and Account credits have no cash value

     ● Alaska Bunch reserves the right to disable, suspend, or terminate promotional codes at any time and for any reason

     ● Promotional codes and Account Credits may expire prior to your use

     ● Alaska Bunch reserves the right to withhold or deduct credits from your Account if it believes the credits were obtained unlawfully, fraudulently, or in a manner inconsistent with these Terms

Content Provided by Users

When using our Services, you may be permitted to submit, upload, publish, or otherwise make available content to either Alaska Bunch or other Users. This may be done when creating a Poll, providing feedback to Alaska Bunch, or initiating a support request. All content provided by you remains your property, however, by providing this content to Alaska Bunch, you agree to grant Alaska Bunch a worldwide, perpetual, transferable, royalty-free and irrevocable license to distribute, use, copy, modify, post, publicly display, publicly perform, create derivative works of, and otherwise exploit without further notice to or consent from you, and without payment to either you or any person or entity.

Network Access and Devices

When using our Services through a mobile device, you are responsible for any data and messaging rates incurred by your network provider. You are also responsible for obtaining and maintaining the data network access, compatible hardware or devices, and software updates necessary to access our Services. Alaska Bunch offers no guarantee that our Services will function on any specific hardware or devices. Our services are susceptible to malfunctions, delays, and poor performance such as is inherent in the use of electronic devices and the internet.

Payment

FOR ASKERS:

When using Alaska Bunch as an Asker, you will be charged a set amount per response based on the number of votes you choose to buy when publishing a Poll. This set amount includes both the compensation paid to the Voter AND a fee charged by Alaska Bunch for use of its service. The cost per vote varies based on the type of Poll you create and whether you select any premium features. The total cost of publishing your Poll is due in full prior to the Poll being published.

After publishing a Poll, you may cancel your Poll at any time. If you cancel your Poll before all of your prepaid votes have been completed, you will be refunded for the unused portion of your selected vote amount.

After reaching your prepaid vote amount, or after cancellation of your Poll, your Poll results will become available to you through your Account. You will also receive a receipt of the transaction via email to the email address provided when creating your account. Because of this, it is important that this email address you use when creating your account is one that you use frequently.

All payments must be made with a credit or debit card. Payments are processed by a third party payment service provider, and will require credit card information including the credit card number, expiration date, name on the card, billing address, billing phone number, and security code. Alaska Bunch does not store any of this information. All payment data is kept by the third party payment service provider.

Additional restrictions on payments:

     ● You may only make a payment if you are considered capable of entering into an enforceable contract in the applicable jurisdiction

     ● You are responsible for any and all banking and transactional costs related to your payment

     ● Alaska Bunch is entitled to terminate this Contract if you do not pay all relevant fees related to our Services on time

     ● Alaska Bunch reserves the right to change its rates and fees at any time, and to charge Users differently for our Services. This does not apply to Askers who have already paid for a Poll

     ● If for any reason you dispute a transaction made through our Services, you must immediately notify Alaska Bunch in writing. In this event, Alaska Bunch will decide, in its sole discretion, whether the disputed transaction is valid

FOR VOTERS:

When using Alaska Bunch as a Voter, you will accumulate money in your Account for each vote completed. Your Account balance may also contain credits earned from promotional codes or other offers and promotions given by Alaska Bunch. When certain conditions are met, you can transfer your Account balance to your own bank account (“cash-out”).

Conditions for cash-out:

     ● In order to cash-out, your Account balance must meet or exceeded the minimum amount to cash-out. The minimum amount to cash-out is subject to change at any time, and may vary between Users, but it will never exceed $50.

     ● All cash-outs are made through PayPal. Because of this, YOU MUST OWN AND HAVE ACCESS TO A PAYPAL ACCOUNT IN ORDER TO RECEIVE YOUR FUNDS. If you do not already have a PayPal account, you can create one on their website: www.paypal.com

     ● Your Account must be in good standing. Reasons for an Account not being in good standing include suspicious, apathetic, or thoughtless voting behavior, and any breach of these Terms. Accounts held not in good standing may have their Account balance withheld by Alaska Bunch. If your Account balance is being withheld and you believe this is in error, please contact support@alaskabunch.com

Voters that have not yet reached their minimum cash-out amount may request an early release of their Account balance via a written message to Alaska Bunch. Note that for an early cash-out, Voters are not entitled to any credits from promotional codes or offers accumulated in the account. Voters requesting a cash-out before reaching the minimum balance are also subject to an early cash-out fee of up to 50% of the account balance.

Termination

Alaska Bunch reserves the right to terminate this Agreement at any time, for any reason, without prior notice, and without liability.

Indemnification

By accepting these Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Alaska Bunch, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; your violation of any rights of any third party, or your use or misuse of our Services.

Disclaimer and Limitation of Liability

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. ALASKA BUNCH'S APPLICATION AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Alaska Bunch will reasonably keep the Website, App, and contents correct and up to date, but does not guarantee that the Website, App, and contents are accurate, up to date, and free of errors, defects, malware and viruses. Alaska Bunch is not liable for any damages resulting from the use of (or inability to use) the Website or Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the Website, App, or contents, unless such damage is the result of any willful misconduct or from gross negligence on the part of Alaska Bunch

Although Alaska Bunch has safeguards in place to ensure voting is as accurate as possible, Alaska Bunch cannot guarantee to Askers that 100% of the responses to the Asker’s Poll are accurate, honest, well-thought out, or completed by a human. Poll results are not guaranteed to be indicative of the general public or chosen segment thereof, and Alaska Bunch in no way endorses the results of any individual Poll. Asker understands the nature of survey results as opinion-based and prone to error, and agree that Alaska Bunch cannot be held liable for damages from business, personal, or other decisions made based on a Poll result.

Additionally, while Alaska Bunch moderates Polls created through its service, it cannot guarantee to Voters that the Polls they will be asked to answer will not be offensive, hurtful, graphic, inappropriate, vulgar, or in any way censored or filtered to the Voter’s specific tastes. Voter agrees not to hold Alaska Bunch liable for any damages or complaints arising from Poll contents.

Any comment, complaint, disagreement, or question regarding a Poll or Poll results from either an Asker or Voter can be brought up to Alaska Bunch by emailing support@alaskabunch.com.

Without prejudice to the foregoing, and insofar as allowed under law, Alaska Bunch's aggregate liability shall not exceed $100 USD.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALASKA BUNCH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, THE SUITABILITY OF OUR SERVICES FOR YOUR REQUIREMENTS, OR THE QUALITY OF ANY OF OUR SERVICES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALASKA BUNCH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALASKA BUNCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR APPLICATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR ANY OTHER MATTER RELATING TO OUR SERVICES.

Confidentiality

You agree not to disclose to any of Alaska Bunch’s financial, technical, or legal information, unless that information has been published publicly already by Alaska Bunch, or if disclosure of the confidential information is required by law.

Alaska Bunch reserves the right to use information from its Users collected in accordance with our Privacy Policy to improve our Services in the future. Data collected from Users, including voting behavior, Poll contents, and Poll responses, may be published publicly by Alaska Bunch as long as no personally identifying information regarding specific Users is given.

Governing Law and Severability

These Terms and their interpretation shall be governed and construed in accordance with the exclusive jurisdiction of the State of Delaware.

In the case of any individual provisions of these Terms being deemed invalid, all other Terms will remain valid and in full force.