Terms of Use

Published on January 5, 2023.

Greetings from SneakByte.com!

You consent to abide by these Terms of Use by using our website. Please take time to carefully read them.

Important Information

Age Requirements: In order to access our website, you must obtain your parent or guardian's approval if you are not yet of legal age in your area. On your behalf, they must also accept these Terms.

We're Not Always Liable: Sometimes things can get out of control. Under these conditions, our "Limitations of Liability" and "Disclaimer of Warranties" sections specify the circumstances in which we are not liable for problems that may occur from using our website.

Conflicts: Individual arbitration will be used to settle major disagreements rather than class action lawsuits. For further information, see the "Arbitration Agreement" section under these conditions.

Contacting Us: We may use the email or mailing address linked to your account to communicate. Please see our contact information if you need to reach us.

Other Important Policies:

  • Privacy Notice: This explains how we handle your personal data.

  • Cookie Policy: This outlines how we use cookies.

Keep Copies! It's a good idea to save a copy of these Terms, our Privacy Notice, and Cookie Policy for your records.

Your Responsibilities

  • To use our website, you must supply and maintain the necessary hardware and internet connectivity.
  • By using the website or making an account, you consent to providing correct and current personal information. We will make use of this data in compliance with our Privacy Notice.
  • You promise to use our website strictly for the reasons it was designed.

Prohibited Behavior

You consent that you won't use our website for:

  • disobey any laws or rules.
  • Transmit illicit, offensive, or dangerous content.
  • Distribute unsanctioned advertising, spam, or junk mail.
  • Send any files that have dangerous software or viruses on them.
  • harass, follow, or hurt other people.
  • Take on the persona of any entity.
  • disrupt the operation of our networks or the website.

Important Notice: We maintain the right to block your access to the website at any time.

Participation and Membership

Age Limitations

  • General Participation: To use the majority of our website's features and to take advantage of membership privileges, you must be at least 13 years old.
  • A-List Invitations & Other Activities: You must be at least eighteen years old to participate in our A-List Invitations and some other specifically designated events.
  • Contests, Sweepstakes, and Special Events: Each contest, sweepstakes, and special event will have explicit age restrictions. We do not intentionally gather personal data for these purposes from anybody less than 16 years old. A participant's registration will be terminated and their information will be removed if it is found that they are under 16 years old.

Signing up

  • Using Features: You must sign up for a membership on our website in order to use features like bookmarking favorites, posting reviews, and commenting on blogs and articles.
  • Privacy: We follow our Privacy Notice while handling the data you provided during registration. Before enrolling, please carefully read the Privacy Notice.
  • Take Account Responsibility: You'll select a member name and password throughout the registration process. You are in charge of protecting this information. Please contact us right once if your account is used without authorization. You consent to reimburse us for any damages resulting from unauthorized or unlawful use of your account.

Information Updates and Account Closure

  • Keep Up-to-Date Information: We strongly advise you to maintain your membership information current, including your email address and contact data. Change details using your profile page.
  • Turning Off Your Profile: By getting in touch with us, you can ask to have your profile disabled.
  • Inactivity: We reserve the right to cancel your membership and remove your personal data if your email address stops working or is unavailable for a long time. This is carried out in compliance with the law and our security protocols.

Content Contributed by Users and Interactive Areas

Participation

  • Age Requirements: You must be at least 13 years old to participate in any Interactive Area of our website. Services including message boards, photo uploads, review systems, chat rooms, and comment sections are available in these sections.
  • Sign up: To participate, you'll most likely need to register. When registering, you will select a username and password. It is solely your responsibility to safeguard the confidentiality of this login information. Please let us know as soon as you detect fraudulent usage of your account.

Ownership and Obligations of Content

  • Public Nature: Anything you publish in a public, interactive space is accessible to all users. We disclaim any liability for how third parties or other users utilize the data we supply.
  • Ownership of Content: Although you grant us a broad license, you retain ownership of your original User Submissions (text, photos, reviews, etc.). We may distribute, use, modify, and display your content as long as it's required to maintain the functionality of our website and its services, as long as you agree to this.
  • It's Your Responsibility: You alone are responsible for the content that you upload. Ensure that your User Submissions satisfy these guidelines, honor others' rights, including intellectual property rights, and conform to all relevant legal requirements. You consent to reimburse us for any losses that result from using your account improperly or harmful User Submissions.

Guidelines for Interactive Sections of Websites

Civil and polite Interaction: Communicate with other users in a civil and polite way. Thoughtful discussions are encouraged, but harassment, bigotry, and personal assault are not.

Content Prohibited: You are not allowed to upload or distribute any content on Interactive Areas that:

  • encourages or complies with illegal activity.
  • is vulgar, obscene, threatening, abusive, harassing, defamatory, or hateful.
  • violates someone or anything's right to privacy, intellectual property, or other rights.
  • includes unsolicited commercials, spam, or approaches.
  • is intended to compromise the security or functionality of our website.

Particular Guidelines for Photographs and Reviews

  • Reviews: If the website permits reviews of establishments or occasions, your genuine experiences and viewpoints must be reflected in these reviews. Reviews that seem fraudulent or deceptive may be removed at our discretion.
  • Pictures: You may upload pictures to our website. By uploading a picture, you attest to your legal authority to do so (either you own the image or the copyright holder has given you permission). We are not responsible for any misuse of the pictures you upload, and we reserve the right to remove them if necessary.

Enforcement with Additional Information

  • Consequences: Should you violate these guidelines, your content may be removed, your account may be suspended, or you may have further limits on your ability to access the website. If any illegal behavior is suspected, we shall cooperate with the authorities.
  • No Endorsement: Keep in mind that the information and viewpoints shared by other users in Interactive Areas may not always reflect our own. You take all risks when using this information.
  • Expert Guidance: Employees or volunteers who lead conversations in Interactive Areas are not providing expert guidance. Take their remarks as suggestions derived from their own experiences rather than as a replacement for professional knowledge.

Publishing Content as a "Trusted Access User"

If you contribute content to a website on our platform, but don't have a formal paid contributor contract, you are considered a "Trusted Access User" or "Community Insider". This means you're voluntarily contributing without expectation of payment, except for the following conditions:

  • Follow Guidelines: You must agree to our Terms of Use and any specific Community Guidelines provided.
  • Ownership and Rights: Although we will own the copyright to your contributed content, you keep a permanent license to use and share your own work as you see fit.

Important Notes:

  • Community Standards: We expect respectful, lawful contributions that align with our website's purpose.
  • Volunteer Basis: Unless other arrangements are made, contributing as a "Trusted Access User" is voluntary and not a paid position.

Observing Intellectual Property

We treat violations of trademark and copyright seriously. The following are covered by our policy:

  • Content Removal: Any content that seems to infringe upon copyright will be taken down.
  • Access Limitations: Users who continuously violate intellectual property rights may have their accounts suspended or terminated.

Reporting Violations of Copyright

If you think your copyrighted work is being used on our website without authorization, kindly send a written notification to our designated agent with the following details:

  • Your digital or handwritten signature
  • Identifying the copyrighted work that you think has been violated
  • Location of the illegal content on our website in detail
  • Your phone number, email address, and address
  • A declaration that the use appears to be unlawful
  • A declaration that, under pain of perjury, you are authorized to act on behalf of the copyright owner and that your report is accurate

Copyright notifications should be sent to:

[Address will be shared after email is received.]

Email address:hub-connect@sneakbyte.com

Notifying Parties of Trademark Violations

Kindly send us an email at hub-connect@sneakbyte.com if you think that any of your trademarks are being violated on our website.

  • Your true identity, or that of the trademark owner
  • Details of your contact
  • Details specific to the complaint

Handling Allegations of Infringement

Should someone falsely accuse you of violating their copyright, you have the option to send us with a counternotice. It needs to comply with the legal specifications under Australian copyright protection laws. Counter-notices should be sent to the above address.

Repeat Infringers: Users who infringe copyright or trademark laws on a regular basis may have their accounts terminated by us.

Important Notice: We frequently update our website. Updates to the data in this section might be among these modifications.

Termination

Without giving you any advance warning, we have the right to suspend or cancel your website membership if you:

  • Break the terms of our use.
  • Participate in detrimental or unlawful activities (as decided by us).

Crucial Information:

  • No Liability: If your account is terminated, we won't be held liable for any losses you may sustain.
  • Right to Inquire: Should we suspect that you have broken these Terms, we reserve the right to look into how you have used the website.
  • Data After Termination: Unless mandated by law, we are not compelled to retain your information or content after your account is ended.

Modifications to Terms

We reserve the right to update our Terms of Use at any time. If changes are made, we'll notify you through reasonable means, such as:

  • Posting the updated Terms on our website.
  • Sending you an email (if you've provided an email address).

Your Options

If you disagree with any changes, you have the right to stop using our website. By continuing to use the website after changes are announced, you are agreeing to be bound by the updated Terms.

Fees

We reserve the right to introduce fees for accessing our website or specific features and content. We will never charge you without getting your agreement beforehand.

Important Notes:

  • No Surprises: If we introduce fees, you'll see clear information about the services you'll receive and the payment terms before you agree to them.
  • Right to Decline: If you don't agree to pay the fees, you may not be able to access certain content or features.

Security and Password

It's Your Duty: It is imperative that you keep your login details (password, etc.) private. All actions taken using your account are your responsibility.

Change Your Password: Immediately change your password and inform us at [give a contact method] if you believe your account has been compromised.

We Might Need to Change Your Password: We may request that you change your password for security purposes.

Restricted Liability: If you or anybody else fails to keep your login information secure, we will not be held liable for any losses.

Keep Information Private

Any information you obtain through your account or that we provide you directly is private and confidential. This implies:

  • Keep it Secret: Only disclose it to your staff members or outside counsel when absolutely required (though even in that case, you remain accountable for their conduct).
  • Exemptions: Information may be disclosed or shared if: It was previously known to you without limits on confidentiality. It is obtained from another party without any limits on secrecy. It was an original idea of yours. Disclosure is required by law, but if at all feasible, please let us know in advance.

Email

Email is a primary way we communicate with our visitors. Here's what you need to know:

  • Keep it Real: Don't pretend to be someone else when emailing us, and use your own email address.
  • We May Use Your Content: Information you send us in emails (ideas, feedback, etc.) isn't confidential. We can use these ideas as we see fit.
  • Your Privacy: If you include personal information (name, address) in an email, we'll handle it according to our Privacy Notice.

Additional Notes:

  • Purpose of Emails: We'll use your email for communication and responding to your inquiries.
  • Limits of Responsibility: We can't prevent others from developing or using ideas that are similar to those you share in emails.

Mobile & portable electronics

We might send updates or cautions by text message (SMS). Before utilizing this service, please carefully read these terms. By using the service, you agree to these Terms and our Privacy Notice. If you don't agree, please don't use the service.

Vital Information

  • There might be costs: Depending on your cellular operator, there can be text message expenses. Inform them of your plan of action.
  • With Your Consent: By entering your number during the signup process, you agree to receive SMS from us. Examples of these include account information, updates, and stuff we think you might find interesting. You might receive these texts from automatic systems.

Applications

To make it simpler for you to visit our website from your devices, we might provide apps. You'll be granted a restricted license to install these apps on your devices if you decide to use them. With this license, you can:

  • For Individual Use Only: The app cannot be purchased or shared.
  • Automatic Updates: In order to keep using the app, you may receive updates from us that you must install.

Restrictions and Commercial Use

To protect our website and content, there are things you cannot do without our specific permission:

  • No Copying or Reselling: You cannot copy, modify, resell, or distribute our content for commercial purposes. This includes website text, information, and software.
  • No Reverse Engineering: You cannot take apart our software to figure out how it works, unless the law specifically allows it.
  • Respectful Use: Do not use our website for anything illegal or that interferes with its operation. Your use must always follow our policies.

Disclaimer of Warranties

Understanding the Limits of Our Responsibility

We strive to provide a reliable website experience. However, it's important to understand that there are limits to what we can guarantee. Please read this disclaimer carefully:

  • No Perfection Promised: Our website and services are provided "as is" and "as available." This means we cannot guarantee:
    • Uninterrupted access, with no downtime or errors.
    • 100% accurate or up-to-the-minute information.
    • Complete protection from viruses, glitches, or other harmful elements.
    • Immediate fixes for every technical issue that might arise.
  • Your Responsibility: Using our website involves a degree of risk. You are responsible for:
    • Evaluating the reliability of information before acting on it.
    • Potential data loss, even if we help store your information.
    • Any problems resulting from your misuse of the website.
  • Limits of Liability: We are not liable for any losses or damages you may experience due to:
    • Interruptions and technical problems with our website.
    • Inaccurate or misleading information.
    • Security vulnerabilities or harmful components affecting the website.
    • Failure to meet your expectations (unless otherwise specified in a contract).
    • Issues arising from your violation of our Terms of Use.
  • External Websites: When you leave our website, you are bound by the terms and policies of the other site. We cannot control and are not responsible for their content, actions, or any problems you might encounter there.

Additional Considerations

  • Staff Advice: While our staff may offer insights or opinions, these should not be taken as formal warranties or guarantees.
  • Legal Compliance: We will not knowingly violate any laws in providing our services. You agree to use our website in a way that does not violate laws or other agreements that apply to you.

Limitations of Liability

We take responsibility seriously, but the law sets limits on the types of damages we can be held liable for. Please read this section carefully:

Things We ARE Liable For (if they are our fault):

  • Death or personal injury caused by our negligence.
  • Fraud or intentionally misleading you.
  • Issues where the law clearly states we cannot limit our liability.

Things We're NOT Liable For:

  • Unforeseeable Losses: Damages we couldn't have reasonably predicted when you agreed to our Terms.
  • Indirect Damages: Things like lost profits, interrupted business, or missed opportunities, even if you told us these risks existed.
  • Things You Could Have Prevented: Problems arising from ignoring our advice on updates, patches, or the minimum system requirements for the website.
  • Events Beyond Our Control: Failures in public systems, delays due to your location, or technical problems caused by your own internet service.

Additional Notes

Maximum Liability: Unless the law says otherwise, our total liability to you cannot exceed the fees you've paid us (if any) within three months of the issue arising.

Indemnification

You agree to compensate us (including our related companies, staff, and those working with us) for any legal claims, costs, or expenses that arise because you (or someone using your account) violated our Terms of Use. This includes:

  • Legal Fees: You'll cover our reasonable legal defense costs.
  • Our Right to Control Defense: We can choose to manage our own defense against claims, but you agree to cooperate with us.

Arbitration Agreement

Important: Please Read Carefully

This agreement affects your legal rights. By using our website, you agree to the following:

  • Disputes Go to Arbitration: Most disputes between you and SneakByte (including our related companies, staff, and those working with us) must be resolved through individual arbitration. This means problems are resolved by a neutral third party (the arbitrator), not in a regular court.
  • Third-Party Rights: Our staff and partners can also enforce this agreement against you, in case of a dispute.
  • Updates: Any changes to our Terms of Use also apply to this Arbitration Agreement.

How Does Arbitration Work?

Arbitration is usually faster and less formal than going to court. A neutral arbitrator will decide the dispute instead of a judge or jury.

Procedure for Pre-Arbitration and Dispute Settlement

Collaborating to Find Solutions

There are procedures we both need to follow to attempt to mediate a disagreement before beginning formal arbitration:

  • Written Notice: Please send a thorough written notice to hub-connect@sneakbyte.com, if you have a disagreement. This notification has to contain:
    • Name, phone number, and account information (if applicable).
    • A concise explanation of the issue and your justification for wanting a solution.
    • What you would like us to do to make things right.
  • Good Faith Negotiation: After receiving your Notice, we have sixty days to reach a resolution. This could involve talks or a meeting to reach a settlement.
  • If There Is Still No Resolution: You may begin formal arbitration (or small claims court, if permitted) if, following 60 days, we are unable to settle the dispute.

Crucial Information:

  • Timing is important. While we attempt to settle disputes amicably, any deadlines for submitting legal claims will be suspended.
  • Procedure to Be Followed: Both of us need to adhere to these guidelines. If not, a judge might intervene or arbitration fees might not be accepted.

Waiver of Jury Trial

By agreeing to our Terms of Use, you and SneakByte agree to resolve disputes through arbitration, not in a traditional courtroom with a judge and jury. This means:

  • No Jury Trials: Neither of us can request a jury trial if a dispute goes to court.
  • Arbitration is Different: Arbitration is often faster and less formal than regular court, with limited review by courts afterwards.

Waiver of Class or Consolidated Actions

Individual Disputes Only: Disputes must be handled on an individual basis. We cannot join our dispute with those of other users, nor can you join yours with others.

Exception: If a court decides this individual disputes rule is invalid, then the whole arbitration agreement becomes invalid, and disputes would be handled in court.

Trademarks & Patents

Names, logos, and designs related to SneakByte (e.g., our brand name, product names, website design) are protected trademarks. This means:

  • You Can't Use Them: Please don't use our trademarks without our specific written permission.
  • Ownership: All trademarks and any related goodwill belong to either us or our related companies.

Copyrights; Restrictions on Use

The materials on our website (text, videos, images, etc.) are protected by copyright laws. This means:

  • No Copying Without Permission: You cannot copy, change, sell, or redistribute our content without our written permission. This includes content we've licensed from others.
  • Respect Copyright Notices: Please follow any copyright notices found on our website.
  • Limited Access: You have the right to use our website as intended by these Terms. This does not include getting access to its underlying code.

Digital Notifications

You consent to receiving crucial communications electronically by using our website. This comprises:

  • Email Notifications: We might send critical alerts and updates to the email address you supply.
  • Notices on Our Website: In a certain section of our website, we may also publish notices.

When We Send It, Notice Becomes Effective: Even if you haven't viewed a notice yet, it is deemed delivered when we email it to you or publish it online.

You Have the Option to Opt Out: Please exit our website if you would like to stop receiving electronic notices.

Governing Law and Jurisdiction

The laws that apply to interpreting our Terms of Use and resolving disputes depend on where you live:

For Most Users:

  • Laws of Melbourne city, Australia will govern our agreement.
  • Any legal disputes must be brought in courts located in Melbourne city, Australia.

For Australian Users:

  • Australian laws will govern our agreement.
  • You have the right to bring consumer protection claims in Victoria, Australia, even if you live in a different state.

Miscellaneous

Crucial Legal Points

  • Whole engagement: Our whole legal engagement with you consists of these Terms of Use and any additional agreements you specifically accept (such as software licenses or terms for special features). Any prior conversations or agreements are superseded by this.
  • No Transfer of Rights: Unless we grant us explicit consent, you are not permitted to assign your rights or obligations under these Terms to any other party.
  • Conflicts: These general Terms will often take precedence over special feature terms where there is a dispute between them and our website.

Severability and Waiver

  • Enforcing the Agreement: We do not give up the right to later enforce any of these Terms just because we do not do so right away.
  • Invalid Provisions: The remainder of these Terms will still be in force even if a court rules that some of them are invalid. We will continue to make an effort to respect the invalid part's original intent.

Extra Words of Wisdom

  • Legal Claim Time Limits: If you are a user from outside of Australia, you have three months from the date of this agreement to file any legal claims relating to our website. You forfeit that right after that.
  • Titles Are for Your Convenience: These Terms' titles are merely for organization; they have no bearing on their legal significance.
  • Survival: Even after you cease using our services or website, some parts of these Terms—such as the ones addressing liability limitations—remain in effect.

Independent Relationship: We're both independent. You are not our employee.