Below are the Terms and Conditions for 10Fold Subscribers
DO NOT USE OUR WEBSITE OR SERVICE IF YOU DO NOT AGREE WITH THESE TERMS. 10FOLD PROVIDES YOU WITH, AND YOU AGREE YOU HAVE RECEIVED, AN EXPRESS OPPORTUNITY TO ACCEPT AND DECLINE THESE TERMS AND CONDITIONS AND TO CORRECT ERRORS BEFORE YOU ENTER INTO AN AGREEMENT WITH 10FOLD FOR THE SERVICE. BY CLICKING “I AGREE” YOU AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING THE LIMITS ON OUR LIABILITY AND AGREE TO CAUSE ALL PERSONS WHO USE THE SERVICES OR RECEIVER UNDER YOUR ACCOUNT TO COMPLY WITH THIS AGREEMENT.
1. CONTACT INFORMATION
You may contact 10FOLD by writing to:
5206 – 39 Street
Ponoka, Alberta, T4J1C8
Attention: Customer Care, or by sending an email to email@example.com.
We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Snapbets account by logging into the Service and completing the form available here: http://snapbets.com/removerequest.
If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, votes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos or videos), but those materials and data may persist and appear within the Service (e.g., if your Content has been re-shared by others).
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Snapbets is not responsible or liable for the conduct of any user. Snapbets reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Snapbets does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Snapbets is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Snapbets has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Snapbets Parties (defined below) harmless for activity related to the Application.
You agree that you are responsible for all data charges you incur through use of the Service. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles, photos and videos (except as may be the result of standard search engine protocols or technologies used by a search engine with Snapbets’ express consent).
3. Fees and Purchase Terms
In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “Snapbets Credits”, including but not limited to virtual cash or credits, all for use in Snapbets; and (b) other goods or services (“Merchandise”).
Snapbets may manage, regulate, control, modify or eliminate Merchandise at any time, with or without notice. Snapbets shall have no liability to you or any third party in the event that Snapbets exercises any such rights.
The transfer of Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Merchandise to any person or entity, including but not limited to Snapbets, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
The provision of Merchandise for use in Snapbets is a service provided by Snapbets that commences immediately upon acceptance by Snapbets of your purchase.
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. The Snapbets Credits purchased and any applicable fees and charges are payable in advance through third-party online payment, mobile payment service and/or any other available payment providers shown on the Website (each a “Third Party Payment Service.”) All terms and conditions on the Website and/or Service applicable to the purchase of such Credits, as amended from time to time, are hereby expressly incorporated into the Terms and Conditions by reference. You hereby agree to all such terms and conditions relating to the purchase of Credits or the right to use the Merchandise, including without limitation fees, methods of purchase, and minimum status required to trigger Credit-purchase capability. Snapbets may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT SNAPBETS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
You are responsible for all taxes or other government fees and charges, if any, which are assessed based on the service address on your account.
4. USE OF SERVICE
You must be at least 13 years old (or the age of majority as determined by the laws of your province of residency) to assume the obligations set forth in these Terms.
In your use of the Service it is your responsibility to exercise prudent discretion and observe all safety measures required by law and your own common sense. All actions and judgments taken with respect to the Service are your sole responsibility. You assume the entire risk related to your use of the Service.
d) Use of the Service.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos, videos or other content via the Service. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, friends, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Snapbets prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Snapbets upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other Snapbets users. You are responsible for keeping your password secret and secure. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Snapbets. You must not access Snapbets’ private API by means other than those permitted by Snapbets. Use of Snapbets’ API is subject to a separate set of terms available here: http://snapbets.com/apitermsofuse (“API Terms”).
You must not create or submit unwanted email, comments, votes or other forms of commercial or harassing communications (a.k.a. “spam”) to any Snapbets users. You must not use domain names or web URLs in your username without prior written consent from Snapbets.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Snapbets page is rendered or displayed in a user’s browser or device.
You must comply with Snapbets’ Community Guidelines, available here: http://snapbets.com/communityguidelines.
You will indemnify and hold harmless 10FOLD and its affiliated companies from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person or entity using your username/password on this website. You also waive all claims against 10FOLD, its officers, directors, employees, suppliers and programmers that may arise from the utilization of this website. At the end of each online session you should completely log out of the Service. Should your login ID or username/password be lost, stolen, sold, transferred or otherwise removed from your possession without your permission, contact us immediately so that your personal identifiers may be deactivated and reissued.
You grant us a license to your Content. By submitting any Content on or through the Snapbets Services, you grant to Snapbets an unrestricted, assignable, sublicensable (through multiple sublicensees), revocable (except as limited below), royalty-free license, to communicate to the public, reproduce, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works from and otherwise use and reuse your Content (or any portions or derivative works thereof), through any and all distribution channels and devices, whether now known or hereafter created, including for purposes of advertising, marketing, and promoting the Snapbets Services and to authorize any third parties to do the same with your Content, provided such third parties are engaging in such activities, solely for non-commercial purposes. This means that your license grant to Snapbets in these Terms authorizes Snapbets to sublicense other Users of the Snapbets Services, to use and exploit your Content for personal and non-commercial purposes. This may include, by way of example and not limitation, the reposting of your Content on third party websites and even the printing of any photographs that you upload, either on a personal printer or through a commercial film processing company. In contrast to other social media and sharing services, no third party is authorized by Snapbets to use your content for any commercial purposes and you retain all private causes of action you may have against such third parties. Notwithstanding the immediately preceding paragraph, to the extent Snapbets has sublicensed any of your Content to a third party pursuant to the grant of rights set forth in this paragraph, the sublicense granted to such third party shall survive in perpetuity any revocation of your license grant to Snapbets and shall be irrevocable. Therefore, even though you may remove any of your Content from the Snapbets Services and terminate your license grants to Snapbets with respect to such Content, any sublicenses made by Snapbets to any third parties with respect to such Content prior to the removal of your Content from the Snapbets Services shall survive in perpetuity notwithstanding your removal of your Content from the Snapbets Services.
The Snapbets name and logo are trademarks of 10Fold Inc., and may not be copied, imitated or used, in whole or in part, without the prior written permission of Snapbets, except in accordance with our brand guidelines, available here: http://snapbets.com/brandguidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Snapbets, and may not be copied, imitated or used, in whole or in part, without prior written permission from Snapbets.
Although it is Snapbets’ intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Snapbets reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Snapbets, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Snapbets encourages you to maintain your own backup of your Content. In other words, Snapbets is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Snapbets will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.
It is Snapbets’ policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Snapbets does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Snapbets is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
7. LIMITS ON OUR RESPONSIBILITY
THE SERVICE, INCLUDING, WITHOUT LIMITATION, SNAPBETS CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH OUT FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SNAPBETS NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “SNAPBETS PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SNAPBETS CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SNAPBETS OR VIA THE SERVICE. IN ADDITION, THE SNAPBETS PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE SNAPBETS PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE SNAPBETS PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE SNAPBETS CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SNAPBETS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SNAPBETS PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE SNAPBETS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SNAPBETS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED CANADIAN DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SNAPBETS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SNAPBETS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SNAPBETS PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, TERRITORY OR PROVINCE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” SNAPBETS IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
In order to expedite and control the cost of disputes, you agree that any legal and/or equitable claim (a “Claim”) relating to the Service or these Terms will be resolved as follows:
a) Informal Resolution.
We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least 60 days after one of us notifies the other of a Claim in writing. To initiate a Claim, you must send notice by registered mail to the address at the beginning of these Terms. If 10FOLD initiates a Claim, we will send our notice to the service address on file with us.
b) Formal Resolution.
Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms; (b) oral or written statements, advertisements or promotions relating to these Terms (c) the relationships which result from these Terms (including relationships with third parties who are not signatories to these Terms) (collectively the “Claim”), will be referred to and determined by arbitration (to the exclusion of the courts), where applicable. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.
If you have a Claim you should give written notice to arbitrate to us at the address at the beginning of these Terms. If we have a claim we will give you notice to arbitrate at your address. Arbitration of Claims will be conducted in such forum and pursuant to such rules as you and we agree upon, and failing agreement will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice to arbitrate.
c) Binding Effect.
In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction.
Notwithstanding the foregoing, any:
- dispute over the validity of either party’s intellectual property rights or our licenses to operate our business; and
- Claim based on Section 8(b) above;
may be decided only by a court of competent jurisdiction. Nothing in these Terms shall affect our ability to terminate your Service for non-payment of amounts owed to us when due. Furthermore, nothing in these Terms will prevent us from bringing an action in a court of competent jurisdiction in order to collect any unpaid amounts.
e) Governing Law & Venue
Notices to you will be deemed given when deposited in the mail or when sent by e-mail. Notices may be included in statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with us. Your notices to us will be deemed given when we receive them at the address (regular or e-mail) or telephone number set forth at the beginning of these Terms.
b) Entire Agreement
c) Contests and Sweepstakes
All sweepstakes and contests will be sponsored by 10Fold Inc. and will have no affiliation with Apple, the App Store or the iTunes Store. To access the official rules for all ongoing sweepstakes and contests please visit: http://www.snapbets.com/contestrules
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Snapbets to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Snapbets provides. Software related to or made available by the Service may be subject to Canadian export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which Canada has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
THANK YOU FOR CHOOSING 10FOLD INC.
Last updated on November 10, 2015.