TradableBits Media Inc.: TradableBits products Terms of Service
Last Revision: January 23, 2013
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
of Service ("TOS"), as defined below. TradableBits reserves the right to update the TOS at any time without
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
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
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
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
final version. TradableBits also may not release a final version.
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
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 Evaluation Only. 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
the content or services created or owned by you, other users' submissions, and the content offered by
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
through the Services, you must retain all copyright and other proprietary notices contained in it. You agree not
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
WRITTEN CONSENT OF TOGGELME SOLUTIONS LTD.
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
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
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
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
contained in or on the TradableBits Site, TradableBits Services, TradableBits code embeddable or embedded on a
site and/or the TradableBits Software and you shall reproduce such Notices exactly on all permitted copies of
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
Site and/or TradableBits Service or otherwise interfere with other user's or member's enjoyment of the
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
5.3.10 use the TradableBits Web site or Services as part of any commercial product without express written
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
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 jurisidictions
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
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
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
webpages 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
5.4 TradableBits has no obligation to you to monitor the Services. TradableBits reserves the right to terminate
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
at all times to disclose any information as TradableBits deems necessary to: satisfy any applicable law,
legal process or governmental request; or to edit, refuse to post, or remove any information or materials, in
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
except users' submissions, are owned by or licensed to TradableBits, and are Copyright 2011 TradableBits and/or
suppliers. Copyright and other intellectual property laws and treaties protect any software or content provided
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
Canada and/or other countries. Third-party trademarks, service marks and logos contained in the Web site are
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
IS" AND DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY,
REGARD TO THE SERVICES, OPERATION OF THE WEB SITE, SOFTWARE, INFORMATION, AND THE CONTENT, MATERIALS AND
INCLUDED ON THE WEB SITE OR IN ASSOCIATION WITH TradableBits SERVICES. FURTHER, TradableBits CORPORATION, ITS
OTHER LICENSORS OF CONTENT DISCLAIM ALL INCLUDING ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY AND
BUT NOT LIMITED TO CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PURPOSE, TITLE AND NON-INFRINGEMENT. TradableBits CORPORATION, ITS SUPPLIERS AND OTHER LICENSORS OF CONTENT DO
WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN
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
SERVICES. SUCH FAILURE MAY RESULT FROM ANY CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE BEYOND TradableBits
CONTROL, SUCH AS MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION BY TradableBits OR ANY OTHER
PARTY AFFILIATES. YOU AGREE THAT TradableBits SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF MATERIALS, CONTENT,
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.
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
ANY SPECIAL, INDIRECT, PUNITIVE AND/ OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
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,
INFORMATION OR CONTENT AVAILABLE FROM THE SERVICES. TradableBits AND/OR ITS RESPECTIVE SUPPLIERS AND LICENSORS
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S), SERVICES, CONTENT, AND/OR PROGRAM(S) DESCRIBED HEREIN AT ANY
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
Section 11.4 of the Getty Image RM
, 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
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
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
TradableBits account are non-transferable between accounts or back to your PayPal account/Credit Card. In order
treat everyone equally, no exceptions will be made.
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
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.
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
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
current or future use of the Service, or any other TradableBits service, for any reason at any time. Such
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
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
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
8.2 TradableBits does not claim ownership of or endorse Submissions and disclaims any liability with respect to
Submissions. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you
granting TradableBits and its affiliated companies the following worldwide, non-exclusive, perpetual,
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
8.2.3 to publish your name or alias in connection with your Submissions. You may completely remove your
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
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
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,
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
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
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
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,
and reformat your Images without having your name attached to such Images, and the right to sublicense such
to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at
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
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
a Submission or other material you have posted, we reserve the right to remove such a Submission completely from
Web site, without notification to you. If you have incorporated an offending Submission in your Derivative
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
9.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless TradableBits, its
directors, employees and agents, and any licensor of TradableBits, from and against all claims, damages,
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
any third-party right, including without limitation any copyright, trade secret, privacy or property right, or
claim that your User-Generated Content caused damage to a third-party. You remain solely responsible for all
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
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
10.1.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive
that is allegedly infringed;
10.1.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works
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
and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit
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
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. TradableBits's
Copyright Agent to receive notifications of claimed infringement is:
Attn: Copyright TradableBits, 12574 24 Avenue,
Surrey, BC V4A 2E4, CANADA
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
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
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,
discontinuance of the Service.
the TradableBits Web site and/or the TradableBits Service. Acceptance of this Agreement constitutes acceptance
12.2 Disputes. You agree that any dispute relating to your use of the TradableBits Web site, TradableBits
TradableBits Service shall be governed by the laws of the Province of British Columbia, Canada without regard to
conflict of law provisions. You agree to personal jurisdiction by and venue in the province and federal courts
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, including without limitation TradableBits's User Agreement (for Entrants) and User Agreement (for
constitute the entire agreement between TradableBits and you with respect to the subject matter hereof, and
all prior oral or written understandings, communications or agreements not specifically incorporated herein. The
waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal
contractual effect. If a court of competent jurisdiction determines that any provision of these Terms is
unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by
however, any and all other provisions shall remain valid and be given full force and effect in a valid and
12.3 International Use. TradableBits makes no representation that the TradableBits Services or Web site are
available for use in locations outside Canada, and accessible from territories where the TradableBits Software
feature of the TradableBits Services and/or TradableBits Web site is illegal is prohibited. Those who choose to
Website (or any other Website on which TradableBits Software is installed) from other locations do so on their
initiative and are responsible for compliance with local laws. The TradableBits Software may be further subject
Canada export controls. No TradableBits Software may be downloaded from the TradableBits Site or through the
Service or otherwise exported or re-exported in violation of Canada export laws. Downloading or using the
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
TradableBits to enforce any rights it may have against You or any other User.
13.1 TradableBits Media Inc. ("TradableBits") OFFERS A TRADABLE BITS PLATFORM SOFTWARE APPLICATION AND CAMPAIGN
(the "Service" and/or referred to the "TOGGLME") 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
THROUGH WHICH PROMOTION ENTRANTS ("Entrants") CAN SUBMIT ENTRIES FOR SPONSOR PROMOTIONS. BY USING THE SERVICE,
SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS ALSO SUBJECT TO THE TERMS AND
POSTED ON TradableBits'S WEB SITE(S), AS SUCH TERMS AND CONDITIONS MAY CHANGE FROM TIME TO TIME IN
SUCH TradableBits WEB SITES.
agreements, policies and guidelines referenced below.
Platform") at any time and in its sole discretion. Notice will be provided by posting such changes on the
Site and updating the "Date of Last Revision" (listed above), and such changes will apply to any use of the
made after the changes are posted to the TradableBits Site. You also expressly waive any right you may have to
use of the Service so you will understand the current, applicable terms. If you do not agree to the amended
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,
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
its content, no obligation to modify or remove any inappropriate content or Promotion, and no responsibility for
conduct of any third party entering or conducting a Promotion. TradableBits intends to cooperate fully with any
conditions, policies, or guidelines on the TradableBits Site or of any applicable laws, rules, or regulations.
the Service, you release TradableBits from any and all liability stemming from such cooperation with local,
federal and relevant country law enforcement officials. You acknowledge that TradableBits reserves the right to
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,
and/or guidelines, and such changes will apply to any use of the TradableBits Site or Service made after the
posted to the TradableBits Site. You also expressly waive any right you may have to individual notice of such
TradableBits may take any one or more of the following actions, or other actions not listed, at TradableBits's
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
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
as determined in its sole discretion, and you shall not receive any compensation or refund for such
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
available to you or that the Service will function properly. TradableBits does not guarantee the safety or
any system connected to its network. This includes, but is not limited to, virus and/or trojan software
of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge
you are solely responsible for the safety of your hardware, software, and data for the duration of your use of
Service. You also accept all liability for any of your actions while using the Service. This includes, but is
limited to, sending of unsolicited email. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
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
SPONSORS' PROMOTIONS WILL BE CONDUCTED IN CONFORMANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS. TradableBits
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
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,
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.
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
any Promotion, content, advertising, products, services or other materials on or available from such external
YOU FURTHER ACKNOWLEDGE AND AGREE THAT TradableBits AND ITS PARENT COMPANIES, AFFILIATES, AND SUBSIDIARIES AND
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
BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE OF ANY SUCH PROMOTION, CONTENT, GOODS OR SERVICES
OR THROUGH ANY SUCH WEBSITE, RESOURCE OR SERVICE. When you leave the TradableBits Site, you should be aware that
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
14.5.2 upload, post, email, transmit or otherwise make available any content that is unlawful, harmful,
abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's
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,
official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person
14.5.4 upload, post, email, transmit or otherwise make available any content that you do not have a lawful,
right to make available;
14.5.5 make available any content that infringes any patent, trademark, trade secret, copyright or other
right of any party;
14.5.6 make available any unsolicited or unauthorized advertising, promotional or any other form of
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
by means of submitting a virus to the Service or TradableBits Site, or overloading, "flooding," "spamming,"
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
14.5.9 attempt to probe, scan or test the vulnerability of the Service or any associated system or network,
security or authentication measures without proper authorization, interfere with or disrupt the Service or
or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of
connected to the Service;
14.5.10 attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to
human perceivable form any of the software provided by TradableBits or used by TradableBits in providing the
14.5.11 use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.).
14.5.12 TradableBits Apps 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 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
(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
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
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,
regulator, and/or law enforcement agency; and, to send you e-mails about TradableBits's products or services,
for example, about other Promotions available through the Service; and as otherwise permitted in TradableBits's
Use and online policies. Additionally, if you add one of our social network applications, you will be agreeing
that social network's policy governing communications with application users. In accordance with such policies,
may contact you from time to time via notifications (or other similar communication methods within social
to let you know about TradableBits's products or services, including for example, about other Promotions
through the Service.
15.3 Access to Your Personal Information. If you provide personal information when completing the entry form for
Promotion being run using the Service, both the Sponsor running the Promotion and TradableBits will be able to
personal data. (Sponsors may provide your personal information to parties assisting with its Promotion (e.g.,
TradableBits is not responsible for such Sponsor's use of that personal data, nor any claims or damages that may
from any such Sponsor's distribution of such personal data to others (e.g., prize providers). You acknowledge
agree that TradableBits shall not be liable or responsible for any use of your personal data by any Sponsor
that Sponsor handles your personal information, including without limitation, information you enter in any
15.4 Promotion Terms & Conditions. Each Sponsor running a Promotion using the Service is responsible for
its own Promotion rules, terms, and conditions, and ensuring such Promotion complies with applicable laws,
and regulations. A link to the rules and terms and conditions for each Promotion is provided in the Promotion
form. You will be required to agree to these rules and terms and conditions before you can enter each Promotion.
is important that you review those rules, terms, and conditions carefully before consenting to them. You
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
16.1 Entrant's Personal Information. TradableBits acknowledges that you will receive information provided to you
Entrant, as specified in your Promotion rules. You acknowledge and agree that TradableBits has the option (in
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
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
TradableBits' products or services, including for example, about other Promotions available through the Service
Entrants of white-label applications that are running via the Tradable Bits Platform & Campaign Manager
16.2 Compliance with Laws and Regulations. You acknowledge and agree that TradableBits' Service merely helps
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
rules, and regulations. You hereby represent, warrant, and covenant that you will comply with all applicable
rules, and regulations in the creation, operation and completion of your Promotion(s), including without
in connection with all advertising and marketing associated with your Promotion(s). You further represent,
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,
employees, consultants, agents, representatives, professional advisors, and contractors from any and all
claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of
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
notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable
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
agreement (the "Entire Agreement") between you and TradableBits with respect to the use of the Service and
contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and
party has relied on any representations made by the other that are not expressly set forth in the Entire
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
is available from the www.facebook.com website (the "Facebook Site") or to retrieve authorized data from
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
Applications and allows Facebook and third-party developers ("Developers") to develop new features and
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
17.3 Consent Regarding Use of Facebook Site Information. Information That May Be Provided to Developers. In
allow you to use and participate in Platform Applications created by Developers ("Developer Applications"),
may from time to time provide Developers access to the following information (collectively, the "Facebook Site
17.3.1 any information provided by you and visible to you on the Facebook Site, excluding any of your Contact
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
your "About Me" section, your relationship status, your dating interests, your relationship interests, your
plans, your Facebook user network affiliations, your education history, your work history, your course
copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums
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
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
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
strictly limits their collection, use, and storage of Facebook Site Information. Our standard Developer
consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application
may from time to time enter into separate agreements with certain third party Developers that contain different
additional terms, provided however, that each such separate agreement will require the third party Developer to
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,
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
use of Facebook Site Information. Facebook will use and disclose Facebook Site Information in connection with
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
your use of or inability to use any Developer Applications, including without limitation the content, accuracy,
reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE
DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service,
policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may
Developers rights with respect to your Facebook Site Information beyond those provided by the Developer
PLEASE REVIEW EACH DEVELOPER'S TERMS AND/OR POLICIES CAREFULLY.
all disclaimers and limitations of liability contained therein. To the extent these Platform Application Terms
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
and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction
any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret
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
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
Platform Applications; and
17.4.4 Facebook Applications. Facebook Applications are made available to you for your personal, non-commercial
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
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
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
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
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
17.4.6 Integration or "Entire Agreement" Clauses in Application-Specific Terms and Conditions. For the avoidance
doubt, the existence of any provision of any separate terms and conditions or agreements applicable to any
Applications to the effect that such terms or agreement constitute the entire agreement or understanding between
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
POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY FACEBOOK APPLICATIONS
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
SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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.
YOU DO NOT REVOKE SUCH PERMISSION PRIOR TO THE EFFECTIVE DATE OF ANY CHANGE NOTICE OR NEW AGREEMENT POSTED ON
SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.