This Terms of Use (the “Agreement”) governs the use of the Sneak Freak mobile application (the “App”) provided by Sneak Freak LLC, whose principal place of business is 1900 E. Golf Rd., STE 950A Schaumburg, IL, 60173, USA (the “Company”), to any individual or business entity accessing or using the App (hereinafter referred to singularly and collectively as “you” or possessively as “your”). The above parties may be referred to singularly as a “Party” or collectively as the “Parties”.
Please read this Agreement carefully before accessing or using the App. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you are authorized to access or use any part of the App.
Your access to or use of the App indicates that you have read, understood and expressly consented to this Agreement and accept all of its terms. Company is willing to license the App to you only upon the condition that you accepts all the terms contained herein.
If you do not accept all of the terms and conditions contained in this Agreement, you may not access or use the App.
This Agreement is effective immediately upon your access to or use of the App or on the date of publication of any subsequent revisions, modifications or amendments on the snkfreak.com website (the “Website”). Company may make such changes at its sole and absolute discretion and may terminate or prohibit your existing or future use of the App without notice.
To use the App, you must create a verified account. Company reserves the right to monitor and limit the technical aspects and features of the App you may access and use, including without limitation, connection, usage, transfer and other parameters. Exceeding certain limits, as determined by Company in its sole and absolute discretion, may result in your account being restricted. Company reserves the right to charge for any aspect of the App and revise applicable fees at any time.
In order to access certain parts of the Sneak Freak Service, you may be required to create a Sneak Freak account (an “Account”) or a seller payment account (“Stripe Account”) with Stripe, Inc. (“Stripe”). In connection with creating an Account or a Stripe Account, you must provide certain information (“Registration Data”) and answer all questions or fields marked “required.” You agree to: (a) provide true, accurate, current and complete Registration Data; (b) maintain and update such Registration Data to keep it true, accurate, current and complete; (c) maintain the security of your Account and the Stripe Account, including by maintaining the security and confidentiality of your login credentials; and (d) consent to allow Sneak Freak to contact you for the purpose of confirming some or all of your Registration Data, to conduct research and to resolve disputes, as Sneak Freak may elect to do from time to time.
A. Cash and Other Payments Determined by Users: A buyer may, by agreement with the seller, elect to make payment by cash, check or other payment method accepted by the seller. Such payments are made directly between the buyer and the seller when they meet in person to complete their purchase and sale transaction, pursuant to terms they determine. Sneak Freak is not a party to such transactions, and does not facilitate such transactions, refunds or returns in any manner.
B. Sneak Freak Payment Solution: A buyer and seller may instead pay with and accept credit cards and other electronic payment methods (each an “Electronic Payment Method”) through the Sneak Freak Service. Sneak Freak has integrated with Stripe, a payment processing service, to allow sellers to accept certain Electronic Payment Methods from buyers using Stripe’s payment processing services (Sneak Freak Payment Solution”). Buyers who wish to use the Sneak Freak Payment Solution must register an Electronic Payment Method with Sneak Freak, and sellers must enroll for the service through Stripe. Enrollment in and usage of the Sneak Freak Payment Solution is voluntary, so buyers should note that some sellers may not accept Electronic Payment Methods, or may only accept Electronic Payment Methods for certain transactions. Sneak Freak, in its sole discretion, may from time to time impose limits on your ability to make and/or receive payments through the Sneak Freak Payment Solution. Additionally, Stripe may impose its own limits and limitations on a seller’s use of the Sneak Freak Payment Solution. For instance, a seller’s enrollment in the Sneak Freak Payment Solution is subject to Stripe’s confirmation that the seller meets Stripe’s enrollment criteria. Sellers should refer to Section 2(d) below for information about the impact of failing to meet Stripe’s enrollment criteria.
i. Buyers: As with any purchases made using cash, all purchases made using the Sneak Freak Payment Solution are made directly between the buyer and the seller when they complete their purchase and sale transaction, pursuant to the terms they determine. When you initiate a payment through the Sneak Freak Payment Solution, the seller processes your Electronic Payment Method using Stripe’s payment processing service. Sneak Freak is not a party to purchase and sale transactions completed using the Sneak Freak Payment Solution, and disclaims any and all responsibility to facilitate such transactions, except to provide an interface through which you can provide your Electronic Payment Method to Stripe to process on behalf of the seller. Sneak Freak further disclaims any and all responsibility to facilitate or provide refunds or returns in any manner, other than as expressly provided in the Buyer Protection Policy.
ii. Sellers: By using the Sneak Freak Payment Solution to accept Electronic Payment Methods, you are entering into an agreement with Stripe subject to the terms of the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). Notwithstanding anything to the contrary in the Stripe Services Agreement, you will not have the right to have Stripe, and will not request that Stripe, transfer any buyer data Stripe collects via the Sneak Freak Payment Solution to an alternative payment processor. Except for the foregoing restriction that supersedes any rights you may have in the Stripe Services Agreement, the Stripe Services Agreement is separate from these Terms. Sneak Freak is not a party to the Stripe Services Agreement and will not be liable or responsible for the payment services provided by Stripe. If Stripe discontinues providing services in connection with the Sneak Freak Payment Solution, you authorize Stripe to share your payment method information with an alternative third-party payment processor that is or will be integrated into the Sneak Freak Payment Solution.
iii. Seller Fees: You agree to pay the service fees (“Service Fees”) for the sales transactions you make using the Sneak Freak Payment Solution. The Service Fees include Electronic Payment Method processing fees to Stripe and service fees to Sneak Freak. Sneak Freak reserves the right to change the Service Fees from time to time.
iv. Receiving Sales Proceeds: Upon completion of a sale in which the buyer uses the Sneak Freak Payment Solution, if you have not previously set up a Stripe Account, then you must set up a Stripe Account in accordance with the requirements specified by Stripe to receive the payment via the Sneak Freak Payment Solution. STRIPE MUST ACCEPT YOUR APPLICATION TO USE THE SNEAK FREAK PAYMENT SOLUTION BEFORE YOU CAN RECEIVE SALES PROCEEDS VIA THE SNEAK FREAK PAYMENT SOLUTION. IF STRIPE REJECTS YOUR APPLICATION OR YOU FAIL TO SET UP A STRIPE ACCOUNT WITHIN 90 DAYS AFTER COMPLETION OF A SALE PROCESSED BY STRIPE THROUGH THE SNEAK FREAK PAYMENT SOLUTION, THEN STRIPE MAY DISABLE OR LIMIT YOUR ABILITY TO RECEIVE SALES PROCEEDS VIA THE SNEAK FREAK PAYMENT SOLUTION.
v. Acceptable Use Violations: YOUR RIGHT AND/OR ABILITY TO RECEIVE SALES PROCEEDS VIA THE SNEAK FREAK PAYMENT SOLUTION MAY BE REVOKED, DISABLED OR LIMITED IF THE PURCHASE OR SALE VIOLATES SECTION 7 (ACCEPTABLE USE) OF THESE TERMS, INCLUDING FOR SALES THAT VIOLATE THE PROHIBITED ITEMS GUIDELINES.
vi. Transactions Final: Regardless of the payment method chosen, ALL PURCHASES ARE FINAL, AND THERE ARE NO REFUNDS, UNLESS YOU AND THE SELLER OTHERWISE AGREE AND MAKE ARRANGEMENTS FOR A REFUND. Sneak Freak will not be responsible for facilitating refunds, other than as expressly provided with respect to the Buyer Protection Policy.
vii. Taxes: It is your responsibility to determine what, if any, taxes apply to each transaction you complete via the Sneak Freak Service, including, for example, sales, use, value added, and similar taxes. It is also your responsibility to withhold, collect, report and remit the correct taxes to the appropriate tax authorities. Sneak Freak is not responsible for withholding, collecting, reporting, or remitting any sales, use, value added, or similar tax arising from any transaction you complete via the Sneak Freak Service.
C. Shipping: From time to time, Sneak Freak may, in its sole discretion and pursuant to its Shipping Policy, recommend a third party to allow sellers to ship purchased items to buyers. Sneak Freak is not a party to transactions conducted between buyers and sellers, or to the shipping of items from sellers to buyers, and, other than as expressly provided in the Shipping Policy, Sneak Freak will not be liable for, and you release us from any liability to you for, any losses, damages, or delays related to shipping. You agree not to use the Sneak Freak shipping service to mail or cause to be mailed, or ship or cause to be shipped, any item purchased and sold through Sneak Freak in a manner that violates the law and/or United States Postal Service or shipping regulations, including but not limited to U.S. Postal Service Publication 52. You further warrant that any item you mail or ship contains no weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, alcohol, prescription drugs, illegal drugs, currency, dangerous goods, hazardous goods, or other goods that may not be shipped or mailed by law. As a seller, you assume full responsibility for compliance with all applicable laws and regulations, including those regarding mailing and shipping. Anyone who sends, or causes to be sent, a prohibited, illegal, or improperly packaged or labeled material can be subject to legal penalties such as civil penalties, fines and/or imprisonment, including but not limited to those specified in 18 U.S.C. § 1716 and 39 U.S.C. § 3018.
i. Sellers: From time to time, Sneak Freak may, in its sole discretion, permit certain sellers to post their items for sale nationwide. Sellers will be charged a posting fee for any sale that results in an item being shipped. Sellers who choose to post nationwide must ship their items in accordance with Sneak Freak's Shipping Policy. When a seller accepts a buyer’s offer to purchase an item to be shipped, the seller must print the pre-paid shipping label and mail the item within 3 business days of accepting the offer. The seller may cancel an accepted offer up until the package is initially scanned for mailing. The buyer’s payment, minus Sneak Freak’s nationwide posting fee, will be released to the seller typically 3 business days after delivery, provided that no Buyer Protection claims are made by the buyer. Buyer Protection claims may result in delay and/or cancellation of payment being released to the seller.
ii. Buyers: From time to time, Buyers will be able to view items posted nationwide by sellers who have agreed to use the Sneak Freak shipping feature. For these items, the buyer is solely responsible to pay the cost of shipping the item from the seller. Buyers can cancel an offer to purchase an item for shipping up until the seller has accepted the offer. When a seller accepts a buyer’s offer to purchase an item for shipping, Sneak Freak will charge or put a hold on the buyer’s method of payment, pending delivery of the item. If there are any problems with the delivery or the item itself, please consult the Sneak Freak Buyer Protection Policy. For any undisclosed damage, incorrect or missing items, or items that are not as described, buyers must contact Sneak Freak within 2 days of delivery, otherwise Sneak Freak will deem the transaction closed and release the buyer’s payment to the seller. Please review the Sneak Freak Buyer Protection Policy to learn more. Buyers may also be given the option within the Sneak Freak Service to confirm the item purchased is as described after receiving and inspecting it. When done, Sneak Freak will also deem the transaction closed and release the buyer’s payment to the seller.
From time to time, Sneak Freak may make certain services available for a fee in connection with the Sneak Freak Service (“Paid Services”). The following terms of sale apply solely to your purchase of Paid Services from Sneak Freak.
A. Fees: Unless otherwise agreed upon by Sneak Freak in writing, the fees payable in connection with any Paid Services (“Fees”) will be specified via the Sneak Freak Service. All Fees are denominated in U.S. dollars and are exclusive of any applicable taxes.
B. Payment Method: You may only pay Fees using valid payment methods acceptable to us, as specified via the Sneak Freak Service. You represent and warrant that you are authorized to use the payment method you designate via the Sneak Freak Service. You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and other charges. You authorize us to use a third-party service to update your designated payment information if it is cancelled or expires. If the payment method cannot be verified, is invalid or is otherwise not acceptable to us, your order may be suspended or cancelled.
C. Subscriptions: CERTAIN OF THE PAID SERVICES PROVIDED BY SNEAK FREAK MAY BE OFFERED ON A SUBSCRIPTION BASIS WITH AUTO-RENEWING PAYMENTS (“SUBSCRIPTION SERVICES”). THE BILLING PERIOD FOR EACH TYPE OF SUBSCRIPTION SERVICE WILL BE AS SPECIFIED VIA THE SNEAK FREAK SERVICE AT THE TIME OF REGISTRATION. WHEN YOU REGISTER FOR ANY SUBSCRIPTION SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (I) SNEAK FREAK (OR ITS DESIGNATED THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR THE SUBSCRIPTION SERVICE (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) AT THE THEN-CURRENT RATES FOR AS LONG AS THE SUBSCRIPTION SERVICE CONTINUES, AND (II) THE SUBSCRIPTION SERVICE WILL CONTINUE UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SNEAK FREAK SERVICE IN ACCORDANCE WITH THESE TERMS.
D. Cancellation Policy For Subscription Services: TO CANCEL ANY SUBSCRIPTION SERVICE, YOU MUST CONTACT US THROUGH OUR HELP CENTER VIA OUR MOBILE APP OR WEBSITE (WWW.SNEAKFREAKAPP.COM) AND FOLLOW THE INSTRUCTIONS IN THE EMAIL WE SEND YOU IN RESPONSE TO YOUR CANCELLATION REQUEST. YOU MUST CANCEL A SUBSCRIPTION SERVICE BEFORE THE START OF THE NEXT BILLING PERIOD IN ORDER TO AVOID CHARGES FOR THE NEXT BILLING PERIOD’S FEES. FOLLOWING ANY CANCELLATION, YOU WILL CONTINUE TO HAVE ACCESS TO THE SUBSCRIPTION SERVICES (SUBJECT TO THESE TERMS) THROUGH THE END OF YOUR CURRENT BILLING PERIOD.
E. Price Changes: SNEAK FREAK RESERVES THE RIGHT TO MODIFY THE FEES FOR ANY PAID SERVICES, INCLUDING ANY SUBSCRIPTION SERVICES, FROM TIME TO TIME IN ITS SOLE DISCRETION. FOR SUBSCRIPTION SERVICES, PRICE CHANGES WILL APPLY TO THE NEXT BILLING PERIOD.
F. Taxes You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of Paid Services. We will collect applicable sales tax if we determine that we have a duty to collect sales tax, and will provide notice of such taxes at the time you place your order.
G. No Refunds: Except as provided in Section H below, or as otherwise expressly agreed upon by Sneak Freak, all sales of Paid Services (including any Subscription Services) are final and there are no refunds. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION SERVICES PERIODS.
H. Errors In the event of an error in connection with the pricing or charging of Paid Services, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any such error within 120 days of the date of the billing statement in which such error first appeared.
You may provide or disclose certain information to or via the App, including information you use to register and create an account, email address, password, comments, forum posts, private messages, telephone numbers and contact details relating to you and your friends (collectively the “User Information”). When you upload a post, the App also temporarily collects, processes and stores the content of such post, including without limitation, names, dates, locations and comments (each a “Post” and collectively the “Posts”).
User Information and Posts will be collected, processes and stored on Company’s servers. You consent to the collection, processing and storage of User Information and Company’s use thereof. You further consent to the collection, processing and storage of Posts and expressly authorize Company to share, disseminate and publish the Post and any accompanying comments and other information relating to the App, usage of the App, Posts, you or your friends.
You are solely responsible for User Information and Posts and hereby expressly acknowledge and agree that Company and the App act only as passive conduits for such data. You agree to provide accurate, current and complete information and to maintain and keep it accurate, current and complete at all times. You agree that Company and third-parties may rely on User Information as accurate, current and complete.
Upon termination of an account, Company will remove all respective User Information from its servers. Notwithstanding the foregoing, however, Company may retain an archived copy of User Information as required by applicable law or for legitimate business purposes.
You hereby expressly agree that, in all matters arising out of or resulting from your use of the App, you will not act in an abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive manner.
You are solely responsible User Information you transmit or disseminate via the App or transmit to other users of the App. You expressly agree that you will not transmit via the App or to other users of the App or Company any material that is defamatory, libelous, inaccurate, abusive, obscene, profane, offensive, sexually oriented, anatomical or sexual related, sexually suggestive or connotative, flirtatious, intended to serve as innuendo, threatening, harassing, racially offensive, predatory, illegal or otherwise objectionable in Company’s sole and absolute discretion (the “Prohibited Materials”) or any other content or data that infringes or violates any third-party rights.
You expressly agree that your user profile will not contain, reference nor link to Prohibited Materials and you will not post any photographs, illustrations, videos, animations or other audiovisual materials containing nudity, suggestive or sexual material or private or personal information. Company reserves the right, but will have no obligation, to reject, restrict, block or terminate any user profile or material that does not comply with the terms set forth herein. Company reserves the right to refuse service to anyone at its sole and absolute discretion.
Company may examine User Information prior to, during or following receipt or transmission and, at its sole and absolute discretion, prevent, cease or reject transmission or availability of User Information containing Prohibited Materials or otherwise inappropriate, inadequate or erroneous data. Company does not guarantee that User Information will be successfully transmitted to or received by Company. User Information or other data transmitted or distributed via the App does not reflect the views of Company and Company does not warrant the validity, reliability, accuracy, legality, suitability or current nature thereof.
You hereby expressly release Company from all liability for deletion, corruption or failure to store any message, data, material or other content submitted to, maintained on or transmitted via the App. You agree that features, parameters or other portions of the App, in whole or part, are subject to revision, modification or change at any time and without notice.
If any information supplied by you is untrue, inaccurate, not current or incomplete in any respect or if you violate ant term or provision of this Agreement or if Company or any user feels threatened or offended by your conduct or materials you transmit or disseminate via the App, Company has the right, in its sole and absolute discretion, to terminate or prohibit existing or future access to or use of the App by any user, account, Internet Protocol address or device.
This Agreement is effective immediately upon your access to or use of the App or the publication date of any subsequent modifications, revisions or amendments. Company may, at its sole and absolute discretion, terminate or prohibit your existing or future access to or use of the App at any time without notice.
To delete your account and any associated User Information, you must provide a written request to Company via email. Upon receipt of your request, Company will use commercially reasonable efforts to delete your account and associated User Information. Notwithstanding the foregoing, however, User Information may be retained on Company backup systems for an indeterminate amount of time.
Following termination or expiration of this Agreement, any terms or conditions of this Agreement that, expressly or by their nature survive expiration or expiration, will remain in full force and effect.
Company may cease to provide the App, or any portion thereof, at any time. Company reserves the right to logout, terminate, delete or purge any account or User Information from the App if it is inactive, as determined by Company in its sole and absolute discretion, dormant, unlawful or breaches the terms and conditions contained herein.
Company owns and retains sole and exclusive ownership in the App and all associated intellectual property rights. Contingent on your compliance with, and subject to, the terms and conditions of this Agreement, Company grants you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the App on any device that you own or control and as permitted by the Usage Rules set forth in Section 9(b) of the Apple App Store Terms and Conditions (the “Usage Rules”), if applicable. No licenses or rights are granted to you, by implication or otherwise, to any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted hereunder.
The terms of the license granted to you in this Agreement will govern updates, upgrades and revisions provided by Company that replace, modify or supplement the App, unless such update, upgrade or revision is accompanied by a separate license in which case the terms of the accompanying license will govern.
You acknowledge that Company has no obligation to monitor your access to or use of the App or to review or edit any User Information or data you transmit to or distribute via the App, but has the right to do so for purposes of operating the App, ensuring your compliance with this Agreement or complying with applicable law or the order of a court, administrative agency or other governmental body. Company reserves the right, at its sole and absolute discretion, to remove or disable access to any information that Company deems to be in violation of this Agreement or otherwise harmful to Company, the App or third-parties at any time and without notice.
By transmitting User Information or data to the App, you grant Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such content on, through or via the App. Pursuant to such license, Company may feature such materials in Company publications to be disseminated to other users or third-parties.
You acknowledge and agree that you are solely responsible for content you transmit to or distribute via the App. You represent and warrant that you are either the sole and exclusive owner of all such content or have all rights, licenses, consents and releases necessary to grant a license to Company to use such content and neither the content nor the posting, uploading, publication, submission, transmittal nor Company’s use thereof will infringe, misappropriate or violate any third-party’s patent, copyright, trademark, trade secret, moral, publicity, privacy or other rights or result in the violation of applicable laws or regulations.
Company and its licensors retain and own all right, title and interest, including without limitation, intellectual property rights, in the App and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the App. This Agreement is not a sale nor a license and does not convey any ownership or license rights relating to the App or intellectual property owned by Company. The Company name, logo and product names associated with the App are trademarks of Company and no right or license thereto is granted nor contemplated by this Agreement.
Company respects copyright law and will terminate, in its sole and absolute discretion, any accounts that infringe, or are believed to be infringing, the rights of copyright holders. Pursuant to the Digital Millennium Copyright Act (the “DMCA”), Company will review and promptly respond to all notices of copyright infringement. If you are a copyright holder and believe that material contained within the App violates your intellectual property rights, please contact Company’s copyright agent at dmca@sneakfreakapp.com. Any copyright notice transmitted to Company must include all of the following information: an electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and the exact location of such material within the App; information reasonably sufficient to permit Company to contact you, such as physical address, telephone number or email address; a statement that you have a good faith belief that use of the material in the stated manner is not authorized by the copyright owner, its agent or the law; and a statement, made under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You are solely responsible for safeguarding the security of your password and any activities or actions attributable your access and use of the App. Company cannot and will not be liable for any loss or damage arising out of or resulting from your use of the App. Company does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content, information or data contained in any transmission via the App nor does Company endorse any opinion, statement, comment or assertion therein. You acknowledge and agree that, by using the App, you may be exposed to content that may be offensive, harmful, inaccurate, otherwise inappropriate or, in some cases, postings that have been mislabeled or otherwise deceptive. Under no circumstances will Company be liable for any content, including without limitation, errors, omissions, loss, injury or damages of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the App.
The following applies if you access or download the App via the Apple App Store (the “App Store Sourced Application”), a service owned and maintained by Apple, Inc. (“Apple”):
You acknowledge and agree that this Agreement is concluded between you and Company and Apple is a third-party beneficiary. You acknowledge and agree that Company, not Apple, is solely responsible for the App Store Sourced Application and all content thereof.
Your access to or use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish maintenance and support services with respect to the App Store Sourced Application.
In the event the App Store Sourced Application fails to conform to any applicable warranty, you may notify Apple which may, in its sole and absolute discretion, refund the purchase price and, to the maximum extent permitted by applicable law, Apple will have no other obligation or liability whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
Apple is not responsible for addressing your or third-party claims arising out of or relating to the App Store Sourced Application or your possession or use thereof, including without limitation, product liability claims, claims that the App Store Sourced Application fails to conform to applicable legal or regulatory requirements and claims arising under consumer or customer protection legislation.
In the event of third-party claims that the App Store Sourced Application or your possession or use thereof infringes a third-party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of such claim to the extent required under the terms and conditions hereof.
Upon your acceptance of the terms and conditions of this Agreement, Apple will have the right, and will be deemed to have accepted the right, to enforce this Agreement as related to your license to access and use the App Store Sourced Application as a third-party beneficiary. You must comply with all applicable Apple and third-party terms of agreement when accessing or using the App Store Sourced Application.
The following applies if you access or download the App via the Google Play Store (the “Google Play Sourced Application”):
You must be thirteen (13) years of age or older to use the Google Play Sourced Application. If you are between thirteen (13) and eighteen (18) years of age, you must have your parent or guardian’s permission to access or use the Google Play Sourced Application. You must not access or use the Google Play Sourced Application if you are barred or otherwise legally prohibited from the access or use thereof under the laws of the country in which you reside or from which you access or use the Google Play Sourced Application.
A Google Wallet account is required to purchase the Google Play Sourced Application. The Google Wallet Terms of Service and Privacy Notice apply to all purchases of Google Play Sourced Applications. Notwithstanding the foregoing, however, you may be required to transact with Company directly.
As part of the functionality of the App, you may be able access and use third-party mobile applications, websites, products or services (each a “Third-Party Service” and, collectively, the “Third-Party Services”). Unless otherwise specified herein, any User Information or other data you provide to or store with any Third-Party Service is beyond Company’s control. Company cannot and will not be liable for any use of User Information or other data you submit to Third-Party Services.
Your relationship with Third-Party Services is governed solely and exclusively by the applicable contractual agreement between you and the respective Third-Party.
Company makes no effort to review User Information or other data transmitted to or distributed via Third-Party Services or contractual agreements you execute therewith for any purpose, including without limitation, accuracy, legality or non-infringement. Company is not responsible in any way for your interaction with any third-party or Third-Party Service.
The App is not available to persons under eighteen (18) years of age. By accessing or using the App, you represent and warrant that you are at least eighteen (18) years of age and that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts use of the App or the ability to enter into this Agreement due to age, you must comply with such restrictions and not use the App.
You represent and warrant that neither you nor, if a business entity, your officers, directors, employees, agents or any associated third-parties are currently or have ever been a “Specially Designated National” or other person to whom the App is prohibited. By using the App, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and will comply with its terms and conditions.
You may not authorize others to use your account and may not assign or otherwise transfer your account to any third-party. You agree to comply with all applicable local, state, national and international laws and regulations.
You may only access or use the App via authorized means. It is your responsibility to ensure adequate access to the Internet and requisite capacity to use the App. You represent and warrant that you have downloaded the correct and most current version of system, platform or other software necessary to use the App. Company is not liable for incompatible connections, devices or software or erroneous versions of software containing viruses or other harmful data or instructions. Company reserves the right to terminate this Agreement should you use the App with incompatible or unauthorized connections, devices or software.
You represent and warrant that you have not been previously suspended, blocked, terminated, removed or barred from the using the App and do not have more than one account. Company may refuse access to or use of the App to any person or entity for any reason. Company may terminate any access to or use of the App by any user at any time, without notice, and block or prevent future access or use of the App for any reason.
You agree and warrant that you will not:
collect the content or information of other user or contained in or transmitted via the App, or otherwise access the App using automated means;
Any of the foregoing is a violation of Company’s valuable and proprietary rights that may subject you to prosecution and civil damages. Company will fully investigate and prosecute any such actions to the fullest extent of the law and may involve and cooperate with law enforcement authorities.
IN NO EVENT WILL COMPANY BE LIABLE TO ANYONE FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROCUREMENT OF SUBSTITUTE GOODS OR APPS, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER LOSS OF ECONOMIC ADVANTAGE OR BENEFITS. COMPANY WILL NOT BE LIABLE FOR ANY LOSS, CLAIM, DAMAGES OR INJURIES WHICH MAY BE INCURRED DUE TO ACCESS TO OR USE OF THE APP, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURIES ARISING OUT OF OR RELATING TO THE APP, PRODUCTS OR SERVICES AVAILABLE VIA THE APP, USE OR INABILITY TO USE THE APP, YOUR COMMUNICATIONS, ACTIVITIES OR INTERACTIONS WITH OTHER USERS OF THE APP OR THIRD-PARTIES WITH WHOM YOU MAY MEET IN PUBLIC OR PRIVATELY, RELIANCE ON COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING OR INFORMATION CONTAINED WITHIN THE APP OR RESULTING FROM ANY RELATIONSHIP WITH THIRD-PARTIES, PRODUCTS, SERVICES, ADVERTISERS OR SPONSORS, EVEN IF COMPANY OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMPANY’S LIABILITY FOR DIRECT DAMAGES BE IN EXCESS OF ONE-HUNDRED UNITED STATES DOLLARS ($100.00) IN THE AGGREGATE.
COMPANY MAY INTRODUCE YOU TO THIRD-PARTIES FOR PURPOSES OF MARKETING, ADVERTISING OR PROVIDING ACCESS TO THIRD-PARTY PRODUCTS AND SERVICES. COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY OR THIRD-PARTY PRODCT OR SERVICE AND YOU HEREBY EXPRESSLY WAIVE, RELEASE AND FOREVER DISCHARGE COMPANY FROM ALL LIABILITY, CLAIMS, DAMAGES AND INJURIES ARISING OUT OF OR RELATING TO THE APP, THIRD-PARTIES AND THIRD-PARTY PRODUCTS AND SERVICES. YOU ACKNOWLEDGE THAT THIRD-PARTIES AND THIRD-PARTY PRODUCTS AND SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES, LITIGATION, MEDIATION OR ARBITRATION BETWEEN YOU AND THIRD-PARTIES AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THIRD-PARTIES. RESPONSIBILITY FOR DECISIONS YOU MAKE REGARDING THE APP, THIRD-PARTIES OR THIRD-PARTY PRODUCTS AND SERVICES RESTS SOLELY WITH YOU. COMPANY WILL NOT ASSESS THE LEGALITY, LIABILITY OR ABILITY OF THIRD-PARTIES TO PAY ANY DAMAGES RESULTING FROM ANY NEGLIGENCE, CLAIMED OR OTHERWISE, NOR ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF THIRD-PARTIES TO PAY DAMAGES RESULTING THEREFROM.
YOU HEREBY EXPRESSLY WAIVE, RELEASE AND FOREVER DISCHARGE COMPANY FROM ALL LIABILITY, CLAIMS, CAUSES OF ACTION, DAMAGES AND INJURIES ARISING OUT OF OR RELATING TO COMPANY’S PRODUCTS, SERVICES, THE APP, ACCESS TO OR USE OF THE APP, THIRD-PARTIES OR THIRD-PARTY PRODUCTS OR SERVICES INTRODUCED TO YOU VIA THE APP OR BY COMPANY. YOU EXPRESSLY WAIVE AND RELEASE ALL RIGHTS AND BENEFITS UNDER ANY APPLICABLE LAW STATING, IN WHOLE OR PART, THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THE CREDITOR’S FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN, MAY HAVE MATERIALLY AFFECTED THE CREDITOR’S SETTLEMENT WITH THE DEBTOR.
QUALITY OF SERVICE IS THE SOLE RESPONSIBILITY OF THE PARTY THAT PROVIDES THE SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU USE THE APP AT YOUR OWN RISK.
COMPANY DOES NOT CONDUCT BACKGROUND CHECKS ON USERS OF THE APP AND CANNOT GUARANTEE YOUR SAFETY IF YOU MEET OR INTERACT WITH OTHER USERS OR THIRD-PARTIES, EVEN IF THOSE MEETINGS OR INTERACTIONS ARISE OUT OF OR RESULT FROM YOUR USE OF THE APP. YOU ARE RESPONSIBLE FOR YOUR OWN SAFETY WHEN USING THE APP AND DURING YOUR PUBLIC OR PRIVATE COMMUNICATIONS, CONTACT, ACTIVITIES, MEETINGS OR INTERACTIONS WITH OTHER USERS OR THIRD-PARTIES.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof (collectively, the “Disputes”) will be settled by binding arbitration, except that Company retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You waive the right to participate as a plaintiff in any purported class action or representative proceeding or trial by jury. An arbitrator operating pursuant to this provision may not preside over any form of class action or representative proceeding. The provision and requirement that Disputes be settled by binding arbitration will survive termination or expiration.
Any arbitration will be conducted in the city where Company is located based solely on the basis of documents submitted to the arbitrator, unless a hearing is requested or the arbitrator determines a hearing is necessary. The arbitrator will have discretion to direct a reasonable exchange of information between the Parties concerning Disputes.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s damages award must be consistent with the terms and conditions of this Agreement regarding the type and amount of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The party that prevails in arbitration will be entitled to an award of attorney fees and expenses, to the extent provided under applicable law.
COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, COMPLETENESS OR AVAILABILITY OF THE APP NOR ANY APPS, WEBSITES, PRODUCTS OR SERVICES OFFERED OR MADE AVAILABLE VIA THE APP. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE APP OR ANY THIRD-PARTY APPS, WEBSITES, PRODUCTS OR SERVICES REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
COMPANY DOES NOT REPRESENT OR WARRANT THAT:
THE APP IS PROVIDED ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF USABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE APP MAY BE SUBJECT TO LIMITATIONS, DELAYS AND PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR DAMAGES RESULTING THEREFROM.
THE INFORMATION AND DATA TRANSMITTED AND DISSEMINATED VIA THE APP, INCLUDING WITHOUT LIMITATION, TEXT, IMAGES, AUDIO, VIDEO, AUDIOVISUAL MATERIAL OR ANY OTHER CONTENT IN ANY MEDIA, NOW KNOWN OR LATER DEVELOPED, ARE OFFERED SOLELY AND EXCLUSIVELY FOR INFORMATIONAL, EDUCATIONAL OR ENTERTAINMENT PURPOSES. THE APP IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A QUALIFIED PROVIDER. NEVER DISREGARD PROFESSIONAL ADVICE NOR DELAY IN SEEKING IT BECAUSE OF INFORMATION OR DATA TRANSMITTED AND DISSEMINATED VIA THE APP.
COMPANY DOES NOT ENDORSE ANY PRODUCTS, SERVICES, INFORMATION, OPINIONS OR OTHER MATERIAL OBTAINED VIA THE APP. RELIANCE ON ANY INFORMATION PROVIDED BY COMPANY, THE APP OR THIRD-PARTY SERVICES IS SOLELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT QUALIFIED OR LICENSED TO PROVIDE PROFESSIONAL ADVICE OR CURRENT SCIENTIFIC, TECHNICAL, FINANCIAL OR MEDICAL DATA.
You will defend, indemnify and hold Company, its officers, directors, employees, agents and any associated third-parties harmless for any losses, costs, liabilities and expenses, including reasonable attorney fees, arising out of or relating to your access to or use of the App, including without limitation:
The foregoing indemnity will be applicable without regard to the negligence of any party, including any indemnified person, Company or third-parties with whom Company does business.
Email communications and text messages sent by Company are designed to make your experience more efficient. By accepting the terms of this Agreement, you explicitly consent to receive email communications and text messages initiated by Company, including without limitation, notifications, communications informing you about potential services, promotions and new or existing features. Standard text messaging rates charged by your mobile phone carrier will apply to text messages sent by Company, if applicable. If you change your mobile carrier, notifications and communications may be deactivated for your you account and you will be required to reauthorize your new mobile phone number for such messages. Company reserves the right to cancel notifications and communications at any time without notice.
Company may give notice via the App, email or written communication sent by pre-paid mail. Notice to Company may be given in writing to:
Sneak Freak LLC
1900 E. Golf Rd., STE 950A
Schaumburg, IL, 60173
This Agreement may only be assigned by Company to a parent company, subsidiary, acquirer of assets or successor by merger.
You agree to fully comply with all applicable export laws and regulations to ensure neither the App, technical data related thereto nor product thereof is exported or re-exported, directly or indirectly, in violation of or used for any purpose prohibited by such laws and regulations. By using the App, you represent and warrant that you are not located in a country subject to government embargo, designated as terrorist supporting or listed on any list of prohibited or restricted jurisdictions.
No joint venture, partnership, employment or agency relationship exists between you, Company or any third-party as a result of this Agreement or your use of the App. If any provision of this Agreement is held invalid or unenforceable, such provision will be stricken from the text and the remaining provisions will be enforced to the fullest extent of applicable law. The failure of Company to enforce any right or provision herein will not constitute a waiver of such right or provision unless explicitly acknowledged and agreed to by Company in writing. Company will not be liable for delay or failure in its performance or any damages suffered by you due to such delay or failure, caused by or resulting from, directly or indirectly, natural acts or events beyond Company’s control. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, regarding the subject matter hereof. The laws of Illinois will govern this Agreement and Disputes arising hereunder will be adjudicated in the courts therein.
Contact support@sneakfreakapp.com for any questions or inquiries