Below are the Terms and Conditions for 10Fold Subscribers

Thank you for choosing 10Fold Inc. (“10FOLD”). By accessing or using the Snapbets website, the Snapbets service, or any applications (including mobile applications) made available by Snapbets (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by 10Fold Inc. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service. Please keep this copy of the Terms for your records.

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:

10Fold Inc.
5206 – 39 Street
Ponoka, Alberta, T4J1C8
Canada

Attention: Customer Care, or by sending an email to mat@10foldinc.com.

2. GENERAL

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).

Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms. We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any username for any reason. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.

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

a) Purchases

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.

b) Payments.

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.

d) Taxes.

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

a) Eligibility.

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.

b) Safety.

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 must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Snapbets terms. Violation of these Terms of Use may, in Snapbets’ sole discretion, result in termination of your Snapbets account. You understand and agree that Snapbets cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Snapbets, we can stop providing all or part of the Service to you.

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.

5. RIGHTS

Snapbets does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Snapbets a non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy, available here: http://snapbets.com/privacypolicy.

You can choose who can view your Content and activities, including your photos and videos, as described in the Privacy Policy. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Snapbets may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. The Service contains content owned or licensed by Snapbets (“Snapbets Content”). Snapbets Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Snapbets, Snapbets owns and retains all rights in the Snapbets Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Snapbets Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Snapbets Content.

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.

You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. You agree that Snapbets is not responsible for, and does not endorse, Content posted within the Service. Snapbets does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

If you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the Content you intend to upload or transmit to or through the Snapbets Services, then you must not upload the Content to or through the Snapbets Services. In addition, if you only own the rights in and to a sound recording, for example, but not to any underlying musical works embodied in such sound recording, then you must not upload such sound recording to the Snapbets Services unless you obtain all necessary rights, authorizations and permissions with respect to such embedded musical works that grant you sufficient rights to sublicense to Snapbets according to these Terms of Use.

Except as otherwise described in the Service’s Privacy Policy, available at http://snapbets.com/privacypolicy, as between you and Snapbets, any Content will be nonconfidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Snapbets is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Snapbets in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Snapbets, and Snapbets will not be liable for any use or disclosure of any Content you provide.

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.

6. PRIVACY

By submitting personal information to 10FOLD, you agree to the collection, transfer, storage and use of your personal information by 10FOLD for the purposes of administering your Service and in accordance with our privacy policy. To access our privacy policy, please visit: http://snapbets.com/privacypolicy.

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.

THE SNAPBETS PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SNAPBETS PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SNAPBETS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SNAPBETS PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
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.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Snapbets’ request), indemnify and hold the Snapbets Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Snapbets in the defense of any claim. Snapbets reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Snapbets.

8. DISPUTES

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.

d) Exceptions.

Notwithstanding the foregoing, any:

  1. dispute over the validity of either party’s intellectual property rights or our licenses to operate our business; and
  2. 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

These Terms of Use are governed by and construed in accordance with the laws of the Province of Alberta, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use or the Services, you agree to resolve any dispute you have with Snapbets exclusively in a provincial or federal court located in Calgary, Alberta, and to submit to the personal jurisdiction of the courts located in Calgary, Alberta for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Snapbets’ failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Snapbets reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Snapbets.

9. MISCELLANEOUS

a) Notice.

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

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Snapbets and governs your use of the Service, superseding any prior agreements between you and Snapbets. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Snapbets. Any purported assignment or delegation by you without the appropriate prior written consent of Snapbets will be null and void. Snapbets may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

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://snapbets.com/contestrules

d) Other.

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.