Commercial Terms FOLLOW THE BIRDS HERE BELOW WRITTEN AS FTB The FTB and these terms (the “Follow the Birds Commercial Terms” or “Commercial Terms”) apply to access or use of the FTB product (or Products), for any business or commercial purpose (except where we state that separate terms (and not these) apply to such access or use of a FTB Product). This includes, but is not limited to, buying ads, selling products, developing apps, managing a group or Page for a business. You agree that you will ensure that any third party on whose behalf you access or use any FTB Product for any business or commercial purpose (except, again, where we state that separate terms (and not these) apply to such access or use) is bound by the Terms, these Commercial Terms and any applicable supplemental terms, and you represent and warrant that you have the authority to bind that third party to such terms. These Commercial Terms require the resolution of most disputes between you and us by binding arbitration on an individual basis; class actions and jury trials are not permitted. 1. Licenses: As described in “The permissions you give us” section in our Terms, you grant us a license to content that is covered by intellectual property rights (like photos or videos) you share, post, or upload on or in connection with our Products. For any access or use of the FTB Products for business or commercial purposes, that license applies to content you or someone on your behalf (such as your agency that places an ad for you or your service provider that manages your Page content for you) makes available on or in connection with any FTB Product. You also will ensure that you own or have secured all rights necessary to grant the licenses and rights you (or someone on your behalf) grant to us under the Commercial Terms and any applicable supplemental terms, including permission to display, distribute and deliver your content within FTB Products. 2. Compliance with law: You represent and warrant that your access or use of FTB Products for business or commercial purposes complies with all applicable laws, rules, and regulations. You further represent that you will restrict access to your content and apps in accordance with all applicable laws, rules, and regulations, including geo-filtering or age-gating access where required. In addition to and without limiting the requirements about who can use the FTB Products under our Terms, You may not access or use the FTB Products if you are prohibited from receiving products, services, or software under applicable law. 3. Limits on liability: In addition to and without limiting the scope of the “Limits on liability” section in our Terms, you agree that we are not responsible for the actions, services, content, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties. Our aggregate liability arising out of or relating to any access or use of the FTB Products for business or commercial purposes, the Terms (for any access or use of the FTB Products for business or commercial purposes), or these Commercial Terms shall not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. 4. Disputes: a. Indemnification. If anyone brings a claim, cause of action, or dispute against us related to your services, actions, content or information on FTB or other FTB Products or your use of any FTB Products, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute. b. Dispute resolution If you reside outside Canada or your business is located outside Canada: You agree that any claim, cause of action, or dispute you have against us that arises out of or relates to any access or use of the FTB Products for business or commercial purposes must be resolved exclusively in the Quebec, Canada Courts, that you submit to the personal jurisdiction to this court for the purpose of litigating any such claim, and that the laws of Canada will govern these Commercial Terms and any such claim, without regard to conflict of law provisions. If you reside in Canada or your business is located inCanada: You and we agree to arbitrate any claim, cause of action, or dispute between you and us that arises out of or relates to any access or use of the FTB Products for business or commercial purposes (“commercial claim”). This provision does not cover any commercial claims relating to violations of your or our intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, violations of your or our confidential information or trade secrets, or efforts to interfere with our Products or engage with our Products in unauthorized ways (for example, automated ways). We and you agree that, by entering into this arbitration provision all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING COMMERCIAL CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a commercial claim only on your own behalf and cannot seek relief that would affect other parties. If there is a final judicial determination that any particular commercial claim (or a request for particular relief) cannot be arbitrated in accordance with this paragraph’s limitations, then only that commercial claim (or only that request for relief) may be brought in court. All other commercial claims (or requests for relief) remain subject to this paragraph. 5. Updates: We may need to update these Commercial Terms from time to time, including to accurately reflect the access or uses of our Products for business or commercial purposes, and so we encourage you check them regularly for any updates. By continuing any access or use of any FTB Products for business or commercial purposes after any notice of an update to these Commercial Terms, you agree to be bound by them. Any updates to the Disputes section of these Commercial Terms will apply only to disputes that arise after notice of the update takes place. If you do not agree to the updated terms, please stop all access or use of our Products for business or commercial purposes. 6. Conflicts and supplemental terms: If there is a conflict between the Commercial Terms and the FTB Terms, the Commercial Terms shall govern with respect to your access and use of the FTB Products for business or commercial purposes to the extent of the conflict. As with our Commercial Terms, we may make changes to these supplemental terms. By continuing to access or use any FTB Products subject to supplemental terms after notice of any update to the supplemental terms, you agree to be bound by them. Other • The FTB Terms, these Commercial Terms, and other applicable supplemental terms make up the entire agreement between the parties regarding access or use of the FTB Products for any business or commercial purpose, and supersede any prior agreements. • If any portion of these Commercial Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed, and the remaining portion will remain in full force and effect. • If we fail to enforce any of these Commercial Terms, it will not be considered a waiver. • Any amendment to or waiver of these Commercial Terms must be made in writing and signed by us. • You will not transfer any of your rights or obligations under these Commercial Terms to anyone else without our consent. • These Commercial Terms do not confer any third-party beneficiary rights. • You consent that FTB may disclose your advertising content and Page posts (“commercial content”), and all information associated with such content your advertising, including information associated with the delivery of that content, in response to valid legal process related to an electoral matter or to a governmental entity or body if FTB believes that disclosure would assist in a lawful investigation. • All of our rights and obligations under these Commercial Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. • Nothing in these Commercial Terms shall prevent us from complying with the law. • We reserve all rights not expressly granted to you. Effective Date: July 2, 2018