TradableBits Media Inc.: Tradable Bits products Terms of Service

Last Revision: November 12, 2013


TradableBits Media Inc. Terms of Service & Terms of Use


1 Acceptance of Terms
1.1 The Tradable Bits Platform and services developed and operated by TradableBits Media Inc. (here after referred to as TradableBits) provided to you through its web properties ("Site") are subject to the following Terms of Service ("TOS"), as defined below. TradableBits reserves the right to update the TOS at any time without notice to you. You can always view the most current version of the TOS by clicking on the "Terms" hypertext link at the bottom of our Tradable Bits or TradableBits web pages. If you do not agree to any of these terms, please do not use the Site or any of the Services offered through them.
2 Eligibility to Accept Agreement and Use Site
2.1 You must be at least 14 years of age to access and use the Site, and if you are between 14 and 17 years of age,you must have permission from your legal parent or guardian to access and use the site and all TradableBits Services. There is no exception to this requirement. TradableBits does not knowingly collect any personal information from children under the age of 14 that falls within the Children's Online Privacy Protection Act and Rule. By your use of the site, you agree that you are either 18 years of age or older, or between 14-17 years of age or older AND are either an emancipated minor, or possess legal parental or guardian consent, and you also agree that you are fully able and competent to understand and accept this Agreement as a binding contract and to abide by all Terms.
3 Description of Services
3.1 Description. As part of your participation in this pilot program, TradableBits provides you with use of the Site and access to a variety of resources, including developer tools, upload and download areas, content offered through the site (including your content, content submitted by other users, and pre-populated content offered by TradableBits), learning materials, and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOS.
3.2 Pre-Release Version. The Services provided are a pre-release version. TradableBits may change the Services for a final version. TradableBits also may not release a final version.
3.3 Branded Stream service will have their own Terms of Service and Privacy Policy exclusively provided by the brand. Stream post collection will be limited to 1000 posts with an ability to purchase additional storage. Once the agreed to post limit is reached, older posts will be deleted to be replaced with the most recent posts collected.
3.4 Stream post collection will be limited to 1000 posts with an ability to purchase additional storage. Once the agreed to post limit is reached, older posts will be deleted to be replaced with the most recent posts collected.
4 Access to Services
4.1 In order to access the Site and Services, you will have to create an account through the registration process. In doing so, you will provide us with current, complete and accurate information as prompted by the applicable registration form.
4.2 TradableBits reserves the right to terminate your access and use of the Web site and Services for any reason at any time, without notification and without liability. Upon termination of the User's account, User's right to use access site, Services and all content will immediately cease. All provisions of this TOS which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
4.3 TradableBits extends to you, the "End User", access to purchase Getty Images Approved License Material via the TradableBits Platform. Getty Images retains and reserves all right, title, and interest in and to the Approved Licensed Material. There are no implied licenses to any of the Approved Licensed Material or any other licensed material of Getty Images. Images purchased via TradableBits is limited for use on the TradableBits Platform and will be specifically tied to the Facebook Page and TradableBits App type used during the purchase.
5 Usage Policy
5.1 Use: Unless provided with a signed TradableBits Agreement, all the Services and site are provided to you for evaluation purposes and for the purpose of providing feedback about them to TradableBits. You may use the Services to use, copy, modify, and post on your Web page the content or services created or owned by you, other users' submissions, and the content offered by TradableBits's participating partners through the Services. Otherwise, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. If you download or print a copy of anyone elses content obtained through the Services, you must retain all copyright and other proprietary notices contained in it. You agree not to circumvent, disable or otherwise interfere with any technical limitations in the Services.
5.2 YOU MAY NOT USE TradableBits FOR COMMERCIAL PURPOSES (IE. SELLING SPONSORSHIP TO THIRD-PARTIES) WITHOUT THE EXPRESS WRITTEN CONSENT OF TRADABLEBITS MEDIA INC..
5.3 Restrictions & Prohibited Uses. You may not and may not allow any third party to:
5.3.1 modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the TradableBits software or any portion of the TradableBits Site or the TradableBits Services (except where the foregoing is required by applicable local law, and then only to the extent so required under such laws);
5.3.2 copy or distribute software or code owned by TradableBits;
5.3.3 use the TradableBits software or site in any manner that could damage, disable, overburden, or impair TradableBits's site or Service or another user's use of the TradableBits site or Services;
5.3.4 remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices ("Notices") contained in or on the TradableBits Site, TradableBits Services, TradableBits code embeddable or embedded on a third party Web site and/or the TradableBits Software and you shall reproduce such Notices exactly on all permitted copies of the TradableBits Software;
5.3.5 create user accounts by automated means or under false or fraudulent pretenses;
5.3.6 create or transmit unwanted electronic communications such as "spam" to other users or members of the TradableBits Site and/or TradableBits Service or otherwise interfere with other user's or member's enjoyment of the TradableBits Site and/or TradableBits Services;
5.3.7 submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by TradableBits;
5.3.8 transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; or
5.3.9 use the TradableBits Web site or Services to violate the security of any computer network or transfer or store illegal material.
5.3.10 use the TradableBits Web site or Services as part of any commercial product without express written consent.
5.3.11 will not post content that: that is illegal, hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
5.3.12 downloading, scraping, modification, duplication, distribution, display, performance, sublicense, republication, retransmission, reproduction, creation of derivative works from, transfer, sale, or other use of the Approved Licensed Material.
5.3.13 use Approved Licensed Material beyond the context of a TradableBits Application (except for Approved Licensed Material made available to you through Premium RF Apps for use).
5.3.14 use Approved Editorial Licensed Material to editorial contexts and purposes in accordance with Section 2.3 of the Getty Images RM License Agreement and prominently disclose that some jurisdictions provide legal protection against commercial use of a person’s image, likeness or property when such person has not provided a release of such rights, and that the End User is solely responsible for obtaining any releases required for their particular use of Editorial Licensed Material.
5.3.15 Except for Approved Licensed Material made available to you, the "End User(s)", through Premium RF Apps for use as End User Images strictly within certain Premium TradableBits Apps, your license to use the Approved Licensed Material hereunder in accordance with the Product/Service(s) shall be limited in all respects to TradableBits Applications hosted on the TradableBits Platform and syndicated via a Social Media Site, so long as such Social Media Site does not invite or allow users or itself to use and re-distribute the Approved Licensed Material as a stand-alone file. These rights shall automatically be revoked with respect to any particular Social Media Site in the event that such Social Media Site seeks to exploit purported rights to the Approved Licensed Material contrary to the terms or an applicable License or TradableBits Agreement, and, upon Getty Images’ request, TradableBits shall remove all Approved Licensed Material from such Social Media site to the extent such Approved Licensed Material is hosted within the TradableBits Platform for such Social Media Site or is otherwise under TradableBits' control. At all times during the term hereof, TradableBits and End User shall comply with the respective, then-current terms of service of each relevant Social Media Site and/or other such terms and conditions applicable to TradableBits and/or its activities. Getty Images acknowledges and agrees that: (a) Social Media Sites may cache web pages and other materials to improve response times, and the caching by such third-party Social Media Sites of any Approved Licensed Materials provided via the TradableBits Applications for the purpose of improving response times shall not constitute a breach of this Addendum; (b) users of the Social Media Sites and/or the TradableBits Applications may use screen captures or similar means outside of the capabilities provided by such sites and applications to copy materials displayed on such sites or in such applications, and so long as the Products/Service(s) do not themselves provide such capabilities, TradableBits shall not be responsible for such actions; and (c) Premium RF Apps may permit End Users to save their own End User Works as cover photos or eCards on Social Media Sites, enabling themselves or their Social Media Site “friends”, contacts or followers to share and download such End User Works, and no such function with respect to a Premium RF App shall be a breach of this TOS.
5.4 TradableBits has no obligation to you to monitor the Services. TradableBits reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. Any content that has been uploaded onto the TradableBits Site may be deleted at such time without notice to You. TradableBits also reserves the right at all times to disclose any information as TradableBits deems necessary to: satisfy any applicable law, regulation, legal process or governmental request; or to edit, refuse to post, or remove any information or materials, in whole or in part, in TradableBits's sole discretion.
5.5 Intellectual Property Rights; No Warranty; Unavailability; Liability Limitations.
5.5.1 Copyright and Trademark Notices. All content or software provided as part of the Service or in the Web site, except users' submissions, are owned by or licensed to TradableBits, and are Copyright 2011 TradableBits and/or its suppliers. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Tradable Bits and TradableBits are trademarks or registered trademarks of TradableBits Solutions Ltd in Canada and/or other countries. Third-party trademarks, service marks and logos contained in the Web site are owned and licensed by their respective owners. Any rights not expressly granted herein are reserved.
5.5.2 NO WARRANTIES. TradableBits, ITS SUPPLIERS, AND OTHER LICENSORS OF CONTENT PROVIDE THE SERVICES AND CONTENT "AS IS" AND DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SERVICES, OPERATION OF THE WEB SITE, SOFTWARE, INFORMATION, AND THE CONTENT, MATERIALS AND PRODUCTS INCLUDED ON THE WEB SITE OR IN ASSOCIATION WITH TradableBits SERVICES. FURTHER, TradableBits CORPORATION, ITS SUPPLIERS, AND OTHER LICENSORS OF CONTENT DISCLAIM ALL INCLUDING ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY AND INCLUDING BUT NOT LIMITED TO CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TradableBits CORPORATION, ITS SUPPLIERS AND OTHER LICENSORS OF CONTENT DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN OR AVAILABLE ON THE TradableBits WEB SITE.
5.5.3 POTENTIAL UNAVAILABILITY. THE TradableBits WEB SITE AND SERVICES MAY BE UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. TradableBits SHALL NOT BE LIABLE FOR ANY FAILURE OF THE TradableBits SOFTWARE, WEB SITE OR SERVICES. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND TradableBits REASONABLE CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION BY TradableBits OR ANY OTHER THIRD PARTY AFFILIATES. YOU AGREE THAT TradableBits SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT, ASSETS OR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE, WHETHER TEMPORARY OR PERMANENT. IN THE EVENT THAT TradableBits TERMINATES ITS WEB SITE OR SERVICES, TradableBits WILL NOT RETURN ANY CONTENT, MATERIALS OR ASSETS. THEREFOR, THE USER IS SOLELY RESPONSIBLE FOR BACK-UP OF ANY OF THESE AFOREMENTIONED ITEMS.
5.5.4 LIMITATION OF LIABILITY. IN NO EVENT SHALL TradableBits AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE AND/ OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, THE WEB SITE, PROVISION FOR OR FAILURE TO PROVIDE SERVICES, OR INFORMATION OR CONTENT AVAILABLE FROM THE SERVICES. TradableBits AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), SERVICES, CONTENT, AND/OR PROGRAM(S) DESCRIBED HEREIN AT ANY TIME, WITHOUT NOTICE.
5.5.5 TradableBits will conduct image pulls upon written notice from Getty Images in order to ensure that any Approved Licensed Material withdrawn and/or culled by Getty Images from the Approved Licensed Material made available through the API is no longer being made available for further licensing to End Users and is removed and deactivated from the TradableBits Applications for further licensing. In addition: (i) in the event any Approved Licensed Material is withdrawn pursuant to the terms of Section 10.3 of the Getty Images RF License Agreement or Section 11.4 of the Getty Image RM License Agreement, without limiting Licensee’s other obligations under such License Agreement(s), Licensee shall remove the Approved Licensed Material from the Product/Service(s) and destroy all copies under Licensee’s control at Licensee’s own expense; and (ii) if Getty Images reasonably believes that any use of Approved Licensed Material by an End User violates the restrictions on use contained in this Addendum or is likely to subject Getty Images or Licensee to liability, Getty Images will so notify TradableBits in writing, and upon receipt of such notice, TradableBits will promptly (and in no event less than 1 business day) suspend and remove such Approved Licensed Material from such End User’s TradableBits Applications and/or TradableBits account and notify such End User that its use subjects the End User to liability for copyright infringement and violation of other rights.
6 Service Plans Changes and Payment Terms
6.1 A valid PayPal account or Visa/Mastercard/Amex is required for all paying accounts. Free accounts are not required to provide a valid PayPal account/Credit card number during the sign up process.
6.2 The Service Plans are prepaid (billed in advance) on a monthly basis and are non-refundable. There will be no refunds to your PayPal account/Credit card. For partial months of service during upgrade/downgrade a prorated calculation may generate credits which will be allocated to your TradableBits account. Credits collected tied to the TradableBits account are non-transferable between accounts or back to your PayPal account/Credit Card. In order to treat everyone equally, no exceptions will be made. All of reversals and/or credits must be used within 6 months of the time of the reversal of credit.
6.3 Any non paid invoices within 15 days will render your account in arrears and your account will be canceled reverting any Premium Pages to the standard FREE status.
6.4 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canada (federal or provincial) taxes when applicable.
6.5 For any upgrade or downgrade in plan level, your PayPal account/Credit Card that you provided will automatically be charged the new rate on your next billing cycle. Your plan may be upgraded automatically based upon fan or data thresholds as set forth in the plan pricing.
6.6 Downgrading your Service may cause the loss of Content, features, or capacity of your Account. TradableBits does not accept any liability for such loss.
6.7 Pricing Plans can be found on apps.tradablebits.com/pricing and/or www.TradableBits.ca/pricing
6.8 IMAGES PURCHASED VIA TRADABLEBITS FOR GETTY IMAGES APPROVED LICENSED MATERIAL IS NON REFUNDABLE. ALL IMAGES ACQUIRED ARE FOR LIMITED USE EXCLUSIVELY ON THE TRADABLEBITS PLATFORM.
7 Service Plan Cancellation and Termination
7.1 You are responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time through your online Account Access. Accounts that are cancelled will transition back to FREE based service and paid service plan features will terminate immediately, which includes the Account Access to premium paid services.
7.2 All of your Content including any Approved License Material purchased will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
7.3 If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
7.4 TradableBits, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other TradableBits service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. TradableBits reserves the right to refuse service to anyone for any reason at any time.
8 User Submissions
8.1 The Services include a tool that allows you to create and modify Web content and post your resulting work on other Web pages ("Derivative Content"). All the materials that you create using the Services, or that you transmit to another person through the Services, or that you post, upload, input or submit to the Web site (including Derivative Content) is referred to in this TOS as "Submissions" and will be deemed "submissions" for the purpose of the Agreement.
8.2 TradableBits does not claim ownership of or endorse Submissions and disclaims any liability with respect to users' Submissions. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting TradableBits and its affiliated companies the following worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up rights:
8.2.1 to display the Submissions on the TradableBits Website
8.2.2 to display the Submissions within advertisements and other marketing collateral that promotes TradableBits and
8.2.3 to publish your name or alias in connection with your Submissions. You may completely remove your Submissions at any time from the Site, but such removal will not affect any licenses that you granted in connection with the Submissions prior to the time you completely removed them. No compensation will be paid for your Submissions or for the permissions you have granted above.
8.3 To help make your contributions safe and freely usable by others in this beta program, you warrant that:
8.3.1 you own or otherwise have all rights necessary for you to Post the Submissions and grant the rights described above; and
8.3.2 your Submissions do not contain any viruses, worms, spyware, or other components or instructions that are unlawful, malicious, deceptive, or designed to limit or harm the functionality of a computers' hardware, software, and services, including but not limited to TradableBits's.
8.4 By Posting a Submission that contains images, photographs, pictures or that is otherwise graphical in whole or in part ("Images"), you warrant and represent that
8.4.1 you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by the TOS and the Services,
8.4.2 you have the rights necessary to grant the licenses and sublicenses described in the TOS, and
8.4.3 each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in the TOS, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting to all members of your private community (for each such Images available to members of such private community), permission to use your Images in connection with the use, as permitted by the TOS, of any of the Services, including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination will not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
8.5 If we receive a valid complaint about a Submission or decide at our sole discretion and for any reason to remove a Submission or other material you have posted, we reserve the right to remove such a Submission completely from the Web site, without notification to you. If you have incorporated an offending Submission in your Derivative Content then our removal may affect your Derivative Content. If you are the person who had submitted an offending Submission, we may also terminate your access to the Services, as described in Section 4.
8.6 YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT MATERIAL THAT IS COPYRIGHTED, OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, OR THAT IS IN BREACH OF ANY APPLICABLE TERMS OF USE, API USAGE POLICIES, OR OTHER TERMS FOR ANY THIRD-PARTY WEBSITES.
9 Indemnification
9.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless TradableBits, its officers, directors, employees and agents, and any licensor of TradableBits, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney fees) made by you or any third party due to or arising from your use of the Site or Services, your violation of any Terms, your violation of any third-party right, including without limitation any copyright, trade secret, privacy or property right, or any claim that your User-Generated Content caused damage to a third-party. You remain solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the TradableBits Software, Web site or the TradableBits Services. This defense and indemnification obligation will survive this Agreement and your use of the Site.
10 Digital Millennium Copyright Act Notice
10.1 If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Copyright Act of Canada in writing.
10.1.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
10.1.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
10.1.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
10.1.4 Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
10.1.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
10.1.6 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. TradableBits's designated Copyright Agent to receive notifications of claimed infringement is:
Attn: Copyright TradableBits, 12574 24 Avenue,
Surrey, BC V4A 2E4, CANADA
Email: copyright@TradableBits.ca
Telephone: (604) 620-7911
10.2 You acknowledge that if you fail to comply with all of the requirements of this Section 10, your DMCA notice may not be valid.
11 Modifications by TradableBits
11.1 TradableBits reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
11.2 Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to www.tradablebits.com, www.TradableBits.ca or on the Service itself.
11.3 TradableBits shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
12 Miscellaneous
12.1 Privacy. In addition to the terms of this TOS, you should be aware that our Privacy Policy also governs use of the TradableBits Web site and/or the TradableBits Service. Acceptance of this Agreement constitutes acceptance of TradableBits' Privacy Policy and any notices regarding the TradableBits Web site, as such policies or notices may be amended from time to time.
12.2 Disputes. You agree that any dispute relating to your use of the TradableBits Web site, TradableBits Software and/or TradableBits Service shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the province and federal courts of the Province of British Columbia, City of Vancouver, and that any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The Service is controlled and operated by TradableBits. These Terms of Service and Terms of Use and any and all other online policies and agreements promulgated by TradableBits, including without limitation TradableBits's User Agreement (for Entrants) and User Agreement (for Sponsors) constitute the entire agreement between TradableBits and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The failure of TradableBits to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms of Service and/or Terms of Use.
12.3 International Use. TradableBits makes no representation that the TradableBits Services or Web site are appropriate or available for use in locations outside Canada, and accessible from territories where the TradableBits Software or any feature of the TradableBits Services and/or TradableBits Web site is illegal is prohibited. Those who choose to access this Website (or any other Website on which TradableBits Software is installed) from other locations do so on their own initiative and are responsible for compliance with local laws. The TradableBits Software may be further subject to Canada export controls. No TradableBits Software may be downloaded from the TradableBits Site or through the TradableBits Service or otherwise exported or re-exported in violation of Canada export laws. Downloading or using the TradableBits Software is at your sole risk.
12.4 No Third Party Beneficiaries. This Agreement is between You and TradableBits. No user has any rights to force TradableBits to enforce any rights it may have against You or any other User.
PLEASE READ TradableBits LTD. TERMS OF USE ("Terms of Use") CAREFULLY FOR PROMOTIONS, SPONSORS, USERS AND ENTRANTS.
13 CAMPAIGN MANAGER TERMS OF USE.
13.1 TradableBits Media Inc. ("TradableBits") OFFERS A TRADABLE BITS PLATFORM SOFTWARE APPLICATION AND CAMPAIGN MANAGER (the "Service" and/or referred to the "TRADABLEBITS") THAT HELPS THIRD-PARTY PROMOTION SPONSORS (individually and collectively "Sponsors") PUBLISH THEIR PROMOTIONS (NAMELY SWEEPSTAKES PROMOTIONS AND CONTESTS) (individually and collectively "Promotions") ONLINE. IN THE CASE OF SOME PROMOTIONS, THE SERVICE ALSO PROVIDES AN ONLINE ENTRY FORM THROUGH WHICH PROMOTION ENTRANTS ("Entrants") CAN SUBMIT ENTRIES FOR SPONSOR PROMOTIONS. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS ALSO SUBJECT TO THE TERMS AND CONDITIONS POSTED ON TradableBits'S WEB SITE(S), AS SUCH TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME IN TradableBits'S SOLE DISCRETION. YOU AGREE TO COMPLY IN ALL RESPECTS WITH THESE TERMS OF USE AND ANY TERMS AND CONDITIONS SET FORTH ON SUCH TradableBits WEB SITES.
These Terms of Use include terms applicable to: (1) actual and prospective Entrants; (2) Sponsors; and (3) both actual and prospective Entrants and Sponsors. These Terms of Use include, and incorporate by reference, the agreements, policies and guidelines referenced below.
TradableBits reserves the right to change or revise these Terms of Use at any time by posting any changes or revised Terms of Use on this website, www.tradablebits.com and/or www.TradableBits.ca (the "TradableBits Site and Tradable Bits Platform") at any time and in its sole discretion. Notice will be provided by posting such changes on the TradableBits Site and updating the "Date of Last Revision" (listed above), and such changes will apply to any use of the Service made after the changes are posted to the TradableBits Site. You also expressly waive any right you may have to individual notice of such changes to the Terms of Use. Therefore, you should review these Terms of Use prior to each use of the Service so you will understand the current, applicable terms. If you do not agree to the amended terms, you must stop using the Service.
14 TERMS AND CONDITIONS APPLICABLE TO ALL USERS OF THE SERVICE
14.1 TradableBits does not actively monitor the use of the Service or Sponsor Promotions. Similarly, TradableBits does not exercise editorial control or review over the content or nature of any Promotion or of any website, e-mail transmission, newsgroup, or other material created or accessible over or through the Promotions. If at any time TradableBits chooses, in its sole discretion, to monitor a Promotion, TradableBits nonetheless assumes no responsibility for its content, no obligation to modify or remove any inappropriate content or Promotion, and no responsibility for the conduct of any third party entering or conducting a Promotion. TradableBits intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or other terms, conditions, policies, or guidelines on the TradableBits Site or of any applicable laws, rules, or regulations. By using the Service, you release TradableBits from any and all liability stemming from such cooperation with local, state, federal and relevant country law enforcement officials. You acknowledge that TradableBits reserves the right to change its terms, conditions, policies, or guidelines at any time, in its sole discretion. (Notice will be provided by posting such changes on the TradableBits Site and updating the "Date of Last Revision" for relevant terms, policies, and/or guidelines, and such changes will apply to any use of the TradableBits Site or Service made after the changes are posted to the TradableBits Site. You also expressly waive any right you may have to individual notice of such changes. TradableBits may take any one or more of the following actions, or other actions not listed, at TradableBits's sole discretion in response to violations of these Terms of Use or any other terms, conditions, policies, or guidelines on the TradableBits Site or associated with the Service: (i) issue warnings: written or verbal; (ii) suspend or terminate a Promotion and/or your use of the Service, to the extent possible; or (iii) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
14.2 TradableBits may, from time to time, need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless TradableBits and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys' fees), injuries, losses, or damages arising in connection with such interruptions.
14.3 Because of situations beyond the control of TradableBits, TradableBits cannot guarantee that the Service will be available to you or that the Service will function properly. TradableBits does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept all liability for any of your actions while using the Service. This includes, but is not limited to, sending of unsolicited email. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TradableBits MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS SERVICE ARE WHOM THEY PURPORT TO BE OR THAT SPONSORS' PROMOTIONS WILL BE CONDUCTED IN CONFORMANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS. TradableBits HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY PROMOTIONS OR ACTIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY PROMOTION SPONSORS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SERVICE OR ANY PROMOTION. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, TradableBits SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE SERVICE.
14.4 The Service may provide, or third parties may provide, links to other websites, resources or services, including without limitation Sponsor web sites, social networking websites, and payment processing services. Because TradableBits has no control over such websites, resources or services you acknowledge and agree that TradableBits is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any Promotion, content, advertising, products, services or other materials on or available from such external sites. YOU FURTHER ACKNOWLEDGE AND AGREE THAT TradableBits AND ITS PARENT COMPANIES, AFFILIATES, AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, PROFESSIONAL ADVISORS, AND CONTRACTORS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE OF ANY SUCH PROMOTION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITE, RESOURCE OR SERVICE. When you leave the TradableBits Site, you should be aware that our terms and policies no longer govern. Please review the terms of use and privacy policy of any third-party website that you wish to link to from the TradableBits Site before you use such third-party website.
14.5 You agree to not use the Service to:
14.5.1 intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
14.5.2 upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
14.5.3 impersonate any person or entity, including, but not limited to, a TradableBits employee, contractor, volunteer, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
14.5.4 upload, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available;
14.5.5 make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
14.5.6 make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose;
14.5.7 interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Service or TradableBits Site, or overloading, "flooding," "spamming," "mail bombing," or "crashing" the Service, the TradableBits Site, or any other host or network;
14.5.8 access content or data not intended for you, or log onto a server or account that you are not authorized to access;
14.5.9 attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
14.5.10 attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by TradableBits or used by TradableBits in providing the Service; or
14.5.11 use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.).
14.5.12 TradableBits Apps (Campaigns) or html code may not be altered in any way that is not explicitly permitted by TradableBits Media Inc. This includes but is not limited to TradableBits Apps (Campaigns) being placed in an IFRAME.
15 TERMS AND CONDITIONS APPLICABLE TO PROSPECTIVE PROMOTION ENTRANTS OF PROMOTIONS USING THE TRADABLE BITS PLATFORM & CAMPAIGN MANAGER APPLICATION
15.1 Requests for Your Personal Information. Sponsors using the Service may ask you for certain personal information (name, address, gender, date of birth, etc.) when you fill out the entry form for that Sponsor's Promotion. Providing this information is strictly optional. However, if you choose not to enter the information required by the Sponsor in its Promotion rules, then you may not be eligible to participate in the Promotion. Please see each Sponsor's Promotion rules for entry requirements and other important details.
15.2 You acknowledge and agree that TradableBits may use any information you provide in a Promotion entry form available through and/or using the Service, for the purpose of aggregate analysis of the performance of the Promotions conducted using the Service; to communicate with you (including without limitation by e-mail) about your use, misuse, and/or purchase of its products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and, to send you e-mails about TradableBits's products or services, including for example, about other Promotions available through the Service; and as otherwise permitted in TradableBits's Terms of Use and online policies. Additionally, if you add one of our social network applications, you will be agreeing to that social network's policy governing communications with application users. In accordance with such policies, we may contact you from time to time via notifications (or other similar communication methods within social networks) to let you know about TradableBits's products or services, including for example, about other Promotions available through the Service.
15.3 Access to Your Personal Information. If you provide personal information when completing the entry form for a Promotion being run using the Service, both the Sponsor running the Promotion and TradableBits will be able to view that personal data. (Sponsors may provide your personal information to parties assisting with its Promotion (e.g., providers of prizes); so please review each Sponsor's Promotion rules and privacy policy for details.) However, TradableBits is not responsible for such Sponsor's use of that personal data, nor any claims or damages that may arise from any such Sponsor's distribution of such personal data to others (e.g., prize providers). You acknowledge and agree that TradableBits shall not be liable or responsible for any use of your personal data by any Sponsor running any Promotion or any other third party. Please see each Sponsor's Promotion rules and privacy policy for details on how that Sponsor handles your personal information, including without limitation, information you enter in any Promotion entry form.
15.4 Promotion Terms & Conditions. Each Sponsor running a Promotion using the Service is responsible for providing its own Promotion rules, terms, and conditions, and ensuring such Promotion complies with applicable laws, rules, and regulations. A link to the rules and terms and conditions for each Promotion is provided in the Promotion entry form. You will be required to agree to these rules and terms and conditions before you can enter each Promotion. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that TradableBits shall not be responsible or liable for any Sponsor's or other third party's compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Sponsor offering the applicable Promotion.
16 FOR SPONSORS RUNNING PROMOTIONS USING THE TRADABLE BITS PLATFORM & CAMPAIGN MANAGER APPLICATION
16.1 Entrant's Personal Information. TradableBits acknowledges that you will receive information provided to you by each Entrant, as specified in your Promotion rules. You acknowledge and agree that TradableBits has the option (in its sole discretion) to use such information, royalty-free, for the purpose of conducting aggregated analysis of the performance of the Promotions conducted using the Service; to communicate with Entrants (including without limitation by e-mail) about their use, misuse, and/or purchase of TradableBits' products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; to send them e-mails about TradableBits' products or services, including for example, about other Promotions available through the Service; and as otherwise permitted in TradableBits' Terms of Use and online policies. TradableBits will not send e-mails about TradableBits' products or services, including for example, about other Promotions available through the Service to Entrants of white-label applications that are running via the Tradable Bits Platform & Campaign Manager technology.
16.2 Compliance with Laws and Regulations. You acknowledge and agree that TradableBits' Service merely helps Sponsors publish their Promotions and that the Service provides no safeguards that ensure that you operate your Promotion properly or legally. You further acknowledge and agree that you are responsible for providing Promotion rules, terms, conditions, privacy policies or statements and ensuring that your Promotion complies with applicable laws, rules, and regulations. You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creation, operation and completion of your Promotion(s), including without limitation in connection with all advertising and marketing associated with your Promotion(s). You further represent, warrant, and covenant that you will comply with all statements and promises made to Entrants, except to the extent such statements and promises violate applicable laws, rules, or regulations. You agree to indemnify, defend and hold harmless TradableBits and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all third-party claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of the Service, your violation of these Terms of Use or any other agreement between you and TradableBits, your actual or alleged violation of any law, rule, or regulation associated with your Promotion(s), and/or infringement by any Entrants in your Promotion(s), of any intellectual property or other right of any person or entity. TradableBits will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Use will insure to the benefit of TradableBits's successors, assigns and licensees.
16.3 ENTIRE AGREEMENT. These Terms and Conditions (including terms incorporated into them, e.g. the agreements, policies and guidelines referenced herein) and any policies and guidelines posted to the Service comprise the entire agreement (the "Entire Agreement") between you and TradableBits with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
17 SPECIAL TERMS APPLICABLE TO FACEBOOK PLATFORM APPLICATION
17.1 Facebook requires that TradableBits notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform:
17.2 Introduction. The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (the "Facebook Site") or to retrieve authorized data from third-party sites for use on the Facebook Site ("Platform Applications"). The "Facebook Platform" is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers ("Developers") to develop new features and applications that we hope will enhance your ability to interact with people in your life in new and interesting ways. PLEASE NOTE: The Facebook Platform does not give Developers access to your e-mail address, personal website, instant messenger ID, telephone number or street address ("Contact Information"). Facebook will only disclose your Contact Information to third parties in accordance with the Facebook Privacy Policy.
17.3 Consent Regarding Use of Facebook Site Information. Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers ("Developer Applications"), Facebook may from time to time provide Developers access to the following information (collectively, the "Facebook Site Information"):
17.3.1 any information provided by you and visible to you on the Facebook Site, excluding any of your Contact Information, and
17.3.2 the user ID associated with your Facebook Site profile.
17.3.3 Examples of Facebook Site Information. The Facebook Site Information may include, without limitation, the following information, to the extent visible on the Facebook Site: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your "About Me" section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of "pokes" you have sent and/or received, the total number of wall posts on your Wall, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.
17.3.4 Privacy Settings: You may revoke or modify your permission for Facebook to provide Facebook Site Information to Developers at any time through the means provided in your privacy settings.
17.3.5 Developer Agreement. Before providing any information to any Developer through the Facebook Platform, Facebook requires each Developer to enter into an agreement (a "Developer Agreement"), which, among other things, strictly limits their collection, use, and storage of Facebook Site Information. Our standard Developer Agreement consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application Guidelines. We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Facebook privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in the Company's sole discretion, so you should review these terms from time to time. However, Facebook cannot guarantee that each Developer will comply with its contractual requirements, and Facebook does not assume any liability or responsibility for any of Developer's actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.
17.3.6 Facebook Applications. Platform Applications developed by Facebook ("Facebook Applications") may also make use of Facebook Site Information. Facebook will use and disclose Facebook Site Information in connection with Facebook Applications only in accordance with the Facebook Privacy Policy.
17.4 Use of Platform Applications.
17.4.1 Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Facebook, and we are not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Facebook Site Information beyond those provided by the Developer Agreement.
PLEASE REVIEW EACH DEVELOPER'S TERMS AND/OR POLICIES CAREFULLY.
17.4.2 Facebook Terms of Use. You understand and agree that your use of any Platform Application is subject to, and you agree to comply with, all terms and conditions of the Facebook Site Terms of Use, including without limitations all disclaimers and limitations of liability contained therein. To the extent these Platform Application Terms of Use directly contradict such Facebook Site Terms of Use, these Platform Application Terms of Use shall control: Without limiting the foregoing, all restrictions on user conduct set forth in the Facebook Site Terms of Use, also apply to your use of and all information and content you provide on or through any Platform Applications, and to your conduct in using any Platform Applications;
17.4.3 You acknowledge that Developers or Facebook or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Facebook's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; and
17.4.4 Facebook Applications. Facebook Applications are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any Facebook Application, reproduce or modify any Facebook Application, or use any Facebook Application for any commercial purpose, you must obtain Facebook's prior written consent. Facebook may require you to agree to additional or different terms of use and may notify you of additional or different policies that may apply to particular Facebook Applications.
17.4.5 ALL PLATFORM APPLICATIONS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FACEBOOK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FACEBOOK FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY PLATFORM APPLICATIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY PLATFORM APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
17.4.6 Integration or "Entire Agreement" Clauses in Application-Specific Terms and Conditions. For the avoidance of doubt, the existence of any provision of any separate terms and conditions or agreements applicable to any Facebook Applications to the effect that such terms or agreement constitute the entire agreement or understanding between you and Facebook with respect to any subject matter, however phrased, will not be deemed to supersede or preclude enforcement of any of the terms and conditions set forth in section (6), (16.3) and (16.4), except to the extent that such terms directly conflict with the terms of such other agreement or terms.
17.4.7 RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS FACEBOOK AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT FACEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY FACEBOOK APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY FACEBOOK TO ANY DEVELOPER; OR (C) ANY USE BY ANY DEVELOPER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
17.4.8 Modifications. Facebook reserves the right to modify these Platform Application Terms of Use at any time, in its sole discretion. If Facebook elects to modify this Agreement, Facebook will post a change notice or a new agreement on the Facebook Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO REVOKE YOUR PERMISSION FOR FACEBOOK TO PROVIDE FACEBOOK SITE INFORMATION TO DEVELOPERS AS DESCRIBED IN PARAGRAPH (h) ABOVE. IF YOU DO NOT REVOKE SUCH PERMISSION PRIOR TO THE EFFECTIVE DATE OF ANY CHANGE NOTICE OR NEW AGREEMENT POSTED ON OUR SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.