Terms-of-Service Agreement

Last Updated: January 11, 2021

TipSnaps LLC, a Delaware limited liability company (“Company”), welcomes you to www.tipsnaps.com (“Website”), a social media platform. It is important to us that you and other visitors have the best experience while using our Website, and that, when you use our Website, you understand your legal rights and obligations. Please read this terms-of-service agreement, which is a legal agreement between you and us that governs your use of the Website, including any content, functionality, and services offered on or through the Website. You may access the Website only if you agree to this agreement. Please pay attention to the following sections of this agreement: (1) disclaimer of warranties (section 18); (2) limitation of liability and exclusion of damages (sections 19 and 20); (3) place for resolving disputes (section 24.2); (4) mandatory arbitration (section 25.1); (5) class action waiver (section 25.5); and (6) limitation on time to file disputes (section 25.6).

Notice Regarding Dispute Resolution: This agreement contains provisions that govern how claims you and us may have against each other are resolved (see section 25 below), including an agreement to arbitrate disputes, which will require you to submit claims you have against us to binding arbitration. Please read the arbitration provision (section 25.1) in this agreement as it affects your rights under this agreement.

Minors Prohibited: Our Website may have adult-oriented content and the Website is thus not intended for children. Only individuals (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access our Website. We forbid all individuals who do not meet these age requirements from accessing our Website.

Section 230(d) Notice: Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.

Child Pornography Prohibited: We prohibit content involving minors on the Website. We only allow visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website or that is otherwise exploitative of children, please promptly report this to us at report@tipsnaps.com. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We fully cooperate with any law enforcement agency investigating alleged child pornography or sexual abuse of minors.

Prostitution and Sex Trafficking Prohibited: We prohibit using the Website or its interactive services in any way to engage in, take part in, aid, support, promote, ask for, or ease any act of prostitution of another person or sex trafficking of another person. This includes using the Website or its interactive services to share personal contact details or arrange face-to-face meetings. If you see any evidence of this on the Website, please promptly report this to us at report@tipsnaps.com. Please include with your report all evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We will terminate the account of any person engaging in any prostitution or sex trafficking, and we will report all individuals suspected of promoting or facilitating the prostitution of another person or sex trafficking to the appropriate law enforcement agency. We will fully cooperate with any law-enforcement agency investigating prostitution or sex trafficking.

  1. Introduction
    1. The Website is a social media platform that allows Tippers to buy access to certain features, content, and other services offered by Creator through Creator pages on the Website. Access and registration to the Website are free. The only time you pay is if you make a purchase from a Creator.
    2. This agreement applies to all users of the Website, whether you are a “visitor” or a “registered user.” By clicking “accept” during registration, buying from a Creator, or accessing any part of the Website, you agree to this agreement. If you do not want to agree to this agreement, you must leave the Website. If you breach any part of this agreement, we may revoke your license to access the Website, block your access, and suspend or cancel your account (if you have one).
    3. We are not liable for anything that you post or say while you are on the Website. We don’t monitor the content posted to the Website, but if we do see, or someone tells us that you’ve posted, something that we consider inappropriate or offensive, we will remove it and may take appropriate action against you. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), we’re not in the firing line. You have to take responsibility for what you post.
    4. We may change this agreement on one or more occasions by updating this page. The top of this page will tell you when we last updated this agreement. Changes take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. We will try to let you know when we change this agreement if we can do so in a reasonable way. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. We will consider your continued use of the Website after we post the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to cancel your account and stop accessing the Website.
    5. If you have any questions about this agreement or any questions or comments about the Website, please email us at support@tipsnaps.com.
  2. Warning: Adult-Oriented Content. The Website may have sexually explicit material that is unsuitable for minors. Only individuals (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you don’t meet these age requirements, you must not access the Website and must leave now. By accessing the Website, you state that the following facts are accurate:
    1. You’re at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter this agreement;
    2. You are aware of the adult nature of some of the content available on the Website, and you’re not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, which may include graphic visual depictions and descriptions of nudity and sexual activity;
    3. You’re familiar with your community’s laws affecting your right to access adult-oriented materials;
    4. You have the legal right to access adult-oriented materials, and we have the legal right to transmit them to you;
    5. You’re voluntarily requesting adult-oriented materials for your own private enjoyment;
    6. You’re not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of applicable law; and
    7. You will not share these materials with a minor or otherwise make them available to a minor.
  3. Accessing the Website. We may withdraw or amend our Website, and any service or material provided on it, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You’re responsible for making all arrangements necessary for you to have access to the Website and its content.
  4. Your Account
    1. Account Creation. To access many of the Website’s features, you must create an account. Registration is free and for a single user only. To register, you must complete the registration process by providing accurate information as prompted by the registration form. You also must choose a password and a username. You must not choose a username that is offensive or that infringes a person’s service mark, trademark, or trade name. By creating an account, you state to us that (a) all account registration and profile information you provide is your own and is accurate; (b) if you previously had an account on the Website, we did not suspend or terminate that account for breach of this agreement; and (c) you’re creating an account for your own personal use, and you will not sell, rent, or transfer your account to any third party.
    2. Responsibility for Account. You’re responsible for keeping your password and account confidential. Further, you’re responsible for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including if, in our opinion, you have breached any part of this agreement.
    3. Liability for Account Misuse. We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by us or another person because of someone else using your password or account.
    4. Use of Other Accounts. You must not use anyone else’s account at any time.
    5. Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons will never be able to defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
    6. Communication Preferences. By registering for an account, you consent to receive electronic communications from us relating to your account. These communications may involve sending emails to the email address you provided during registration or posting communications on the Website and will include notices about your account (e.g., change in password, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from us may contain sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transactional communications from us, please review the Privacy Policy on how to opt out of marketing communications.
  5. Intellectual Property Rights
    1. Ownership. The Company owns and operates the Website. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by the Company, its licensors (including Creator), or other providers of those Materials. United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.
    2. License Grant. The Company hereby grants you a limited, nonsublicensable license (i.e., a personal and limited right) to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
      1. Your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing those materials.
      2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
      3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
      4. You may download or stream any audiovisual content to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
      5. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, subject to our end user license agreement for those applications.
      6. If we provide social media features with certain content, you may take those actions as are enabled by those features.
    3. License Restrictions
      1. You must not:
        1. Modify copies of any Materials from the Website.
        2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
        3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Website.
      2. You must not access or use for any commercial purposes any part of the Website or the Materials available through the Website unless we agree otherwise in writing.
      3. If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the Materials you have made. No interest in or to the Website or any Materials on the Website is transferred to you, and we reserve all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
    4. Trademarks. The Company’s name and logo; the term TIPSNAPS; the Website’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of the Company, its affiliates, or licensors. You must not use those marks in whole or in part in connection with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us, without first obtaining our prior written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation or any other affiliation.
  6. Prohibited Uses
    1. You may use the Website only for lawful purposes under this agreement. You must not use the Website:
      1. In any way that violates any applicable federal, state, local, or international law or regulation (including any laws about the export of data or software to and from the U.S. or other countries).
      2. To exploit, harm, or to try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
      3. To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards stated in this agreement.
      4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
      5. To impersonate or try to impersonate us, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
      6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we decide, may harm us or our Website’s users or expose them or us to liability.
    2. Additionally, you must not:
      1. Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.
      2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Materials.
      3. Use any manual process to monitor or copy any of the Materials or for any other unauthorized purpose without our prior written consent.
      4. Use any device, software, or routine that interferes with the proper working of the Website.
      5. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
      6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
      7. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
      8. Otherwise try to interfere with the Website’s proper working.
  7. User Contributions
    1. In General. The Website contains personal pages, live streaming, messaging, timelines, comment sections, and other interactive features (collectively, “Interactive Services”)that allows users to post, submit, publish, display, or transmit to other users or other persons (collectively, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in section 9. We will consider nonconfidential and nonproprietary any User Contribution you post to the Website.
    2. License Grant. By posting any User Contribution on the Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns an unrestricted, worldwide, fully sublicensable, non-exclusive, royalty-free license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display those User Contributions (including for promoting and redistributing any part of the Website (and derivative works of them)) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit with those User Contributions. In addition, you also hereby grant each other user of the Website a worldwide, nonexclusive, royalty-free license to access your User Contributions through the Website, and to use those User Contributions, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Website (such as video playback or embeds). This license does not grant any rights or permissions for a user to make use of your User Contributions independent of the Website. The licenses granted by you continue for a commercially reasonable period after you remove or delete your User Contributions from the Website. You understand, however, that we may retain, but not display, distribute, or perform, server copies of your User Contributions that have been removed or deleted.
    3. Representations and Warranties. You state that the following facts are accurate about the User Contributions you post on or through the Website: (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (b) your User Contributions do not and will not infringe, violate, or misappropriate any third-party right, including any copyright, service mark,trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or defame any other person; (c) your User Contributions include no viruses, adware, spyware, worms, or other harmful or malicious code; and (d) your User Contributions otherwise comply with this agreement.
    4. Acknowledgment. You acknowledge that you are responsible for any User Contribution you post, and you, not us, have full responsibility for that User Contribution, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any person for the content or accuracy of any User Contribution posted by you or any other user.
  8. Monitoring and Enforcement; Termination
    1. We may:
      1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
      2. Take any action concerning any User Contribution that we consider necessary or appropriate in our sole discretion, including if we believe that the User Contribution violates this agreement, including the Content Standards stated in section 9, infringes any intellectual property right or another right of any person or entity, threatens the personal safety of the Website’s users or the public, or could create liability for the Company.
      3. Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
      4. Terminate or suspend your access to all or part of the Website for any reason or no reason, including violation of this agreement.
    2. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You hereby waive and hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken during, or taken as a consequence of, investigations by either the Company or law enforcement authorities.
    3. We do not undertake to review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section 8.
  9. Content Standards. These content standards apply to all User Contributions and the use of the Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. User Contributions must not:
    1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    2. Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    3. Infringe any copyright, patent, trademark, trade secret, or other intellectual property or other rights of any other person.
    4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this agreement or our Privacy Policy.
    5. Be likely to deceive any person.
    6. Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating the prostitution of another person, sex trafficking, or human trafficking.
    7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
    8. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
    9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
    10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
    11. Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment.
    12. Depict private or personal information of any person without their written consent.
    13. Request personal information from or share personal information with any Creator, Tipper, or other user, including financial information, email address, telephone number, or mailing address.
    14. Request money from, or otherwise defraud Creator or other Website users.
    15. Discuss or depict children, pedophilia, child exploitation, age-play, incest, rape or nonconsensual sex, extreme violence, torture, nonconsensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse or bondage, genital mutilation, bestiality, urination, defecation, enema play, vomiting, menstrual bleeding, paraphilia, or any other matter that would be considered obscene under the applicable community standards.
  10. Copyright Infringement. If you believe that any Materials on the Website violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.
  11. Third-Party Content
    1. In addition to the User Contributions, we may provide other third-party content on the Website (collectively, “Third-Party Content”). We do not control or endorse any Third-Party Content and make no representation or warranties about the Third-Party Content, including its accuracy or completeness. We do not create Third-Party Content, update it, or monitor it. Thus, we’re not responsible for any Third-Party Content on the Website.
    2. You’re responsible for deciding if you want to access or use third-party websites or applications that link from the Website (“Reference Sites”). We don’t control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them, and we are not making any representations or warranties about the Reference Sites. Further, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between you and that advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
  12. Promotions. Creator may promote competitions, promotions, prize draws, and other similar opportunities on the Website (“Third-Party Competitions”). We are not the sponsor or promoter of those Third-Party Competitions and do not bear any responsibility or liability for the actions or inactions of any Creator or other persons who organize, administer, or are otherwise involved in any promotion of those Third-Party Competitions. If you wish to participate in any Third-Party Competition, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in that Third-Party Competition in your country of residence.
  13. No Offsite Communications. You will not use the Interactive Services to arrange face-to-face meetings outside of the Website with any Creator, Tipper, or other user, including exchanging money or other consideration for sex or companionship. We prohibit any form of interaction with a Creator outside the Website or the Interactive Services. If you do, you do so at your own risk, and we will not be liable to you for anything that happens outside the Website with any Creator, Tipper, or other user you meet on the Website.
  14. Changes to the Website. We may update the Materials on this Website from time to time, but the Website’s Materials are not necessarily complete or up to date. The Website’s Materials may be out of date at any given time, and we are not required to update those Materials.
  15. Information About You and Your Visits to the Website. For information about how we collect, use, and share your personal information, please review our Privacy Policy.
  16. Terms of Sale
    1. In General. The Website allows you to buy access to certain features, content, or services from Creator in exchange for a one-time or recurring fee, as applicable to the relevant features, content, or services. Items that cost money may include video clips, photos, Creator page subscriptions, the ability to interact with Creator (including through live streaming or messaging), tipping, and other products and services that may be offered in the future. Creator set their own pricing, and all transactions are between you and the Creator. Pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. Buying subscriptions from one Creator does not give you access to subscriptions from another Creator. You must separately buy subscriptions from each Creator whose page you want access to.
    2. Tipping. You may tip Creator through the Website. You acknowledge the following about tipping:
      1. You tip at your option and risk. Tipping is not required to use the Website.
      2. Creator must not solicit tips by any means of payment other than through the Website.
      3. Tips are a voluntary gratuity and must not be given in exchange for specific services. Promising to tip in exchange for performing any specific act is strictly prohibited.
      4. All tips are chargeable when made. We will not return a tip made from your account except in situations that we consider, in our sole discretion, to be extraordinary.
    3. Payment. We accept payment through our payment processor via the payment methods identified on the Website at checkout. You must have a valid accepted form of payment to make a purchase. You must abide by any relevant terms of service or other legal agreement that governs your use of a given payment method. Prices may change at any time, and we do not offer price protection or refunds in case of a price reduction or promotional offering. It is your responsibility to check the price before making a purchase. We will charge your payment method for the price listed along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations.
    4. Recurring Billing. If you buy an automatically renewing subscription from a Creator, you authorize us to charge your payment method the subscription fee in effect when you originally signed up and any other applicable charges, such as taxes or possible transaction fees. Your subscription will continue for the length of the initial term you select, and, at the end of your initial prepaid term, it will automatically renew for additional prepaid periods of the same length at the same rates. You must cancel your subscription before it renews to avoid billing of the next term’s subscription fees to your payment method.
    5. Taxes. You are responsible for any applicable federal, national, state, provincial, or local sales or use taxes, value-added taxes (“VAT”), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a transaction, you will be responsible for those taxes or fees if they are later found to be payable on that sale, and we may collect those taxes or other fees from you at any time. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each purchase transaction.
    6. Refunds. All sales and transactions are final. Payments are nonrefundable and fully earned on receipt. There are no refunds or credits for partially used periods. If you are unhappy with your purchase, please inform the Creator from whom you made the purchase. If there is a technical error on the Website, we will work with you to resolve it. We may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist for a refund, please email us at support@tipsnaps.com and explain the circumstances that you believe merits a refund. We are not making any promise that we or any Creator will offer you a refund. If we do provide a refund, we will issue that refund in the form of a credit to the payment method you used for your purchase. We will not make refunds in the form of cash, check, or free services. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it obligate us to provide refunds in the future under any circumstance.
    7. Subscription Cancellations. If you buy an automatically renewing subscription from a Creator, you may cancel that subscription at any time before the end of the current billing period. The cancellation will take effect on the next billing period. You will have access to the subscription from the time you cancel until the start of the next billing period. You will not receive a refund or credit for any remaining days in your current billing period. You can change the automatic renewal settings or cancel your subscription at any time by contacting us at support@tipsnaps.com or the payment processor you signed up through.
    8. Billing Errors. If you believe that we have charged you in error, you must notify us in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you do not let us know in writing of an error within this period, you waive any disputed charges. You must submit any billing disputes by email to us at support@tipsnaps.com and include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.
  17. Access Outside of the United States. The owner of the Website is based in the state of Delaware in the United States of America. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with local laws.
  18. Acknowledgments and Warranty Disclaimers
    1. You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by (a) a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, mobile device, computer programs, data, or other proprietary material because of your use of the Website or any services or items obtained through the Website; or (b) by your downloading of any material posted on the Website or on any website linked to it.
    2. You acknowledge that all transactions and interactions regarding Creator content and Creator offerings on the Website are between you and the applicable Creator. You further acknowledge that we are not a party to or responsible for any transaction or interaction between you and any Creator. Nor are we responsible for any Creator content found on the Website. We do not own any Creator content on the Website and views expressed by Creator on their pages do not represent our views.
    3. You use the Website, the Materials, and any services or items obtained through the Website at your own risk. We provide the Website, the Materials, and any services or items obtained through the Website “as is” and “as available,” without making any warranty, either express or implied. Neither we nor any person associated with us is making any warranty with respect to the Website’s completeness, security, reliability, quality, accuracy, or availability. Neither we nor anyone associated with us is making any warranty (1) that the Website, the Materials, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through it will otherwise meet your needs or expectations.
    4. We are not making any warranty about the Website, whether express, implied, statutory, or otherwise, including any warranties of merchantability, noninfringement, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
  19. Limitation of Liability; Release
    1. The Company, its members, managers, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
      1. Errors, mistakes, or inaccuracies of Materials (including User Contributions).
      2. Personal injury or property damage resulting from your access to and use of the Website or the Materials (including User Contributions).
      3. Materials (including User Contributions) or conduct that are infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal.
      4. Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data.
      5. Interruption or cessation of transmission to or from the Website.
      6. Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software.
      7. Incompatibility between the Website and your other services, hardware, or software.
      8. Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website.
      9. Loss or damage incurred because of the use of any Materials (including User Contributions) posted, emailed, sent, or otherwise made available through the Website.
    2. You hereby release the Company, its members, managers, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of your User Contributions or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.
  20. Exclusion of Damages; Exclusive Remedy
    1. Unless caused by its gross negligence or intentional misconduct, the Company, its members, managers, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or the Materials. This exclusion applies regardless of the theory of liability and even if you told us about the possibility of those damages or we knew or should have known about the possibility of those damages.
    2. The Company, its members, managers, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the Materials. This exclusion applies regardless of the theory of liability and even if you told us about the possibility of those damages or we knew or should have known about the possibility of those damages.
    3. If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to terminate your account (if you have one) and stop using the Website. The maximum liability of the Company and its members, managers, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $250 and the amount you have paid for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.
  21. Waiver of California Civil Code Section 1542—California Residents Only. With respect to the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:
    A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
    You waive all rights under section 1542 and any other federal or state statutes or laws of similar effect.
  22. Scope of Disclaimers, Exclusions, and Limitations. The disclaimers, exclusions, and limitations stated in sections 18, 19, and 20 apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limitations will not apply to you.
  23. Indemnification
    1. In General. You will pay the Company, its members, managers, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (collectively, “Indemnified Parties”) for any loss of an Indemnified Party that is caused by any of the following: (a) your access of, or conduct on, the Website, including your User Contributions; (b) your conduct offline; (c) your breach of this agreement; (d) your dispute with any other user, including any Creator; (e) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (f) your violation of any applicable law; (g) your tortious acts or omissions; or (h) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party’s intentional misconduct.
    2. Definitions. “Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by”an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
    3. Indemnified Party’s Duty to Notify You. If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
    4. Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate in good faith on a claim.
    5. No Exclusivity. The Indemnified Parties’ rights under this section 23 do not affect other rights they might have.
  24. Governing Law and Jurisdiction
    1. Delaware law governs all matters arising out of or relating to the Website or this agreement without giving effect to any conflicts of law principles. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.
    2. Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the United States District Court for the District of Delaware or any state court of competent jurisdiction in Sussex County, Delaware. Each party submits to the personal jurisdiction of the United States District Court for the District of Delaware and the state courts of competent jurisdiction in Sussex County, Delaware to resolve all disputes not subject to arbitration. Each party waives any right to seek another forum or venue because of improper or inconvenient forum.
  25. Alternative Dispute Resolution
    1. Arbitration. All claims and disputes arising out of or relating to the Website or this agreement are to be settled by binding arbitration with Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available). The parties will abide by all rules of ARS, as found on its website at www.arbresolutions.com. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the parties’ prior written consent.
    2. Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section 25 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Website, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.
    3. Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the Prevailing Party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the Prevailing Party incurs in those proceedings, including legal fees and expenses. For purposes of this section 25.3, “Prevailing Party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the Prevailing Party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the Prevailing Party in those proceedings.
    4. Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.
    5. Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
    6. Limitation on Time to Bring Claims. A party will not file a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
  26. General
    1. Entire Agreement. This agreement constitutes the entire agreement between you and us about your use of the Website, and it supersedes all earlier or contemporaneous agreements between you and us. Any additional terms on the Website will govern the items to which they pertain.
    2. Changes. We may change this agreement on one or more occasions. We will post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to ongoing disputes or disputes arising out of or relating to events happening before the posted changes. While we will try to notify you when we change this agreement, we do not assume any obligation to do so, and it is your responsibility to check this page to review the most current agreement frequently. By continuing to use the Website after we post changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at support@tipsnaps.com.
    3. Assignment and Delegation. We may assign our rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without our prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 26.3 is void.
    4. Waiver. If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
    5. Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
    6. Notices
      1. Notice to Us. You may give notice to us by email at support@tipsnaps.com unless the Website specifies a different email address for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
      2. Notice to You—Electronic Notice. You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice.
    7. Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay our performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
    8. No Third-Party Beneficiaries. Except for the Indemnified Parties, who are third-party beneficiaries of section 23 of this agreement having the right to enforce section 23, this agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
    9. Successors and Assigns. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
    10. Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to or through the Website regardless of whether they are the intended recipients.
    11. Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
    12. Consumer Rights Information—California Residents Only. This section 26.12 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:

      TipSnaps LLC16192
      Coastal Highway
      Lewes, Delaware 19958
      United States of America

      Users who wish to gain access to the password-restricted area of the Website must register. We do not charge consumers for registering, but Creator charge for various services. You may contact us at support@tipsnaps.com to resolve any billing disputes or to receive further information about the Website.
    13. Complaints—California Residents Only. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
    14. Unsolicited Idea Submission Policy. We and our employees do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively, “Submissions”). Please do not send any Submissions in any form to us or any of our employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products, services, marketing, or other projects might seem similar to any Submissions made to us. If, despite our policy, you still submit your ideas to us, the following terms will apply to your Submissions, regardless of what your communication states. You acknowledge that: (1) we will consider the Submissions to be nonconfidential and nonproprietary; (2) we may use, copy, redistribute, and disclose the Submissions for any purpose in any way, without compensation to you or any other person or party; and (3) we will have no obligations for the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. If you do not agree to these terms, please do not send us any Submissions.
    15. Feedback. While we cannot accept unsolicited ideas, we always welcome feedback on our existing business. If you want to send us your feedback, please only provide specific feedback on our existing business and do not include ideas that the policy stated in section 26.14 prohibits. Any feedback you provide is considered nonconfidential and nonproprietary. We will be free to use that information on an unrestricted basis with no compensation to you or any other person or party.
    16. Survival. On termination of this agreement, any provision which, by its nature or express terms should survive, will survive the termination of this agreement.
    17. Your Comments and Concerns. The Website is operated by TipSnaps LLC, 16192 Coastal Highway, Lewes, Delaware 19958. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out in it. All notices of abuse, including alleged child pornography and sex trafficking, should be directed to report@tipsnaps.com. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to us at support@tipsnaps.com.