1. Introduction
1.1 Lofit gaming networks Ltd. (“Betrelate”) recognizes that people who use Betrelate value their privacy. This Privacy Policy details important information regarding the collection, use and disclosure of User information collected on Betrelate sports social networking website located at www.betrelate.com (the "Site") and related mobile app, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by betrelate (the “Service”). Betrelate provides this Privacy Policy to help you understand how your personal information is used by us and your choices regarding our use of it.
1.2 This Privacy Policy should be read in conjunction with our Terms of Use. By accessing the Service, you are consenting to the information collection and use practices described in this Privacy Policy. Your use of the Service and any personal information you provide through the Service remains subject to the terms of this Privacy Policy and our Terms of Use, as each may be updated from time to time.
1.3 Your use of the Service and any personal information you provide through the Service remains subject to the terms of this Privacy Policy and our Terms of Use, as each may be updated from time to time.
1.4 Any questions, comments or complaints that you might have should be emailed to support@betrelate.com
2. Information We Collect
2.1 By using our Service and by submitting personal information to us through your use of our Service then this Privacy Policy will apply. The personal information we collect from you generally may include:
2.1.1 your name;
2.1.2 email address;
2.1.3 date of birth;
2.1.4 Your phone number;
2.1.5 profile photo;
2.1.6 username;
2.1.7 location;
2.1.8 your preferences;
2.1.9 responses to surveys;
2.1.10 communications sent to us by you;
2.1.11 your subscriptions to newsletters and services offered by us; and
2.1.12 any other information you submit to betrelate when choosing to participate in various activities on the Service.
2.1.13 In addition, if you choose to log in, access or otherwise connect to betrelate, or contact betrelate, through a social networking service (such as Facebook), we may collect your user ID and user name associated with that social networking service, as well as any information you make public using that social networking service. We may also collect information you have authorized the social networking service to share with us (such as your user ID, public profile information, email address, birthday, friends list, and pages you have "liked").
2.1.14 When you use our mobile app, we also may collect mobile device information like operating system and hardware type, numbers or codes that are unique to your particular device, device information, default device language, the location of your device, and app usage information.
2.2 Betrelate will also collect non-personally identifiable information as part of the service. This will typically include browser type, language preference, IP address, referring site, and the date and time of each visitor request. Betrelate collects this data to optimize our service to users.
3. The Way Betrelate Uses Your Personal Information
3.1 We use your personal information to operate, maintain, and provide to you the features and functionality of the Service, including but not limited to the following:
3.1.1 providing you with our products and services,
3.1.2 processing and responding to enquiries;
3.1.3 personalizing your use of the Service,
3.1.4 alerting you to new features, special events, products and services, or certain third-party products or services in which we think you will be interested;
3.1.5 enforcing the legal terms that govern your use of the Service; and
3.2 We may use your personal information to contact you about:
3.2.1 our products and services in which you may be interested provided that you have not requested otherwise;
3.2.2 newsletters and information for which you have signed up; and
3.2.3 non-marketing or administrative purposes (such as notifying you of major changes to the Service or for customer service purposes).
3.3 We use your information to improve the quality and design of our Service and to create new features, promotions, functionality, and services.
3.4 We may anonymize or aggregate your personal information for business purposes, including for reporting and research. Such anonymized and/or aggregated data does not personally identify you.
4. Use and Disclosure of Collected Information
4.1 We may disclose your personal information to our subsidiaries, affiliated companies, agents, businesses, or service providers who process your personal information on our behalf in providing the Service to you. This may include providing customer service, accepting deposits and paying withdrawals, and processing such information to make improvements to the services they provide. Our agreements with these service providers limit the kinds of information they can use or process and ensure they use reasonable efforts to keep your personal information secure.
4.2 When you choose to share information with social media services about your activities on Betrelate by, for example, connecting your social media account to our Service, then Betrelate may share your personal information and information about your use of the Service with such social media sites. Please make sure to read the Terms of Use and Privacy Policy of such sites prior to connecting to our Service in this way.
4.3 Where you have provided your consent, we may share your personal information with selected third parties for their commercial or marketing use in conjunction with your relationship with Betrelate or as part of a specific program or feature.
4.4 We also may share personal information in other situations with your consent.
4.5 Betrelate also reserves the right to disclose personal information that Betrelate believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability or harm, to investigate and respond to third-party claims or allegations, to respond to a court orders or official requests, to protect the security or integrity of our Service, to report violations of Betrelate eligibility rules to third parties, including employers of individuals affiliated with other daily betrelate sites, and to protect the rights, property, or safety of Betrelate, our users or others.
4.6 In the event that Betrelate is involved in a merger, acquisition, sale, bankruptcy, insolvency, reorganization, receivership, assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, or other change of control, there may be a disclosure of your personal information to another entity related to such event.
4.7 Third Parties: Betrelate occasionally hires other companies (vendors) to provide limited services on its behalf, such as handling the processing and delivery of mailings, hosting websites, processing transactions, or performing statistical analysis of our services. Those service providers will be permitted to obtain only the personal information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose than for delivering the service to Betrelate, in accordance with Betrelate's instructions and policies. However, our vendors may use aggregate data for fraud detection to help improve their services. This helps them to more accurately detect fraudulent transactions.
4.8 Advertising: Betrelate may work with advertising partners to provide users with targeted and useful contextual advertisements. These partners may set cookies which enable them to recognize your computer and compile information about you or others who use your computer. Ad networks often use this information to better target advertisements that they think will be of use to you. Betrelate's Privacy Policy solely governs the use of information and cookies set by the Service and not by any third-party advertising partners.
4.9 Transfers: Betrelate may share data internally with its affiliate companies and may disclose certain information in the event that it is merged, acquired, sold, or some of its assets are acquired. If, in Betrelate's discretion, your information will be handled in a materially different manner after such a transaction than it was by Betrelate, you may have the opportunity to opt-out of having your information shared with any acquirer.
4.10 Other: Betrelate may disclose data to respond to valid legal process from competent authorities, meet legal requirements, exercise our legal rights or defend against legal claims, protect Betrelate's interests, fight against fraud, and to enforce our policies or to protect anyone's rights, property, or safety.
5. Your Choices
5.1 Betrelate will process your personal information in accordance with this Privacy Policy, and as part of that Betrelate provides you with certain choices about how we process your personal information.
5.2 You can access and update certain personal information Betrelate holds about you at any time by logging into your account via the Service. You can update your marketing preferences and whether or not you would like us to send you newsletters in your account. You can also unsubscribe to marketing emails and newsletters by using the "unsubscribe" feature in the communication.
5.3 You can also learn more about and how to control the cookies used by the Service in the cookies section below.
5.4 You should remain aware that any information you share online can be accessed by others. Betrelate is not responsible for the actions of those who obtain your content in this manner. Betrelate cannot guarantee your safety and security and you should be aware that submitting any information and using the Betrelate Service is done at your own risk.
6. Cookies
6.1 Cookies Information: When you visit the www.betrelate.com website, we may send one or more cookies - small files - to your computer or other device, which may enable us or others to uniquely identify your browser. Betrelate uses both session cookies and persistent cookies.
A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. Session cookies are temporary and typically disappear after you close your browser. You may be able to reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the www.betrelate.com website may not function properly if the ability to accept cookies is disabled.
6.2 Log File Information: When you use our Service, our servers may automatically record certain information that your device sends whenever you visit any website and use certain apps. These server logs may include information such as your web or app request, Internet Protocol ("IP") address, browser type, browser language, referring/exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
6.3 Clear GIFs Information: When you use our Service, we may employ technology such as "clear GIFs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our users. In addition, we may also use clear GIFs in HTML-based emails sent to our users to track which emails are opened by specific users.
6.4 Opt out Information: Users can opt-out of cookies by utilizing the settings provided in their browsers.
6.5 Mobile Phone Information: Betrelate collects information from its mobile phone users (who have installed the Betrelate application) in a similar manner to optimize the mobile experience. Beyond mobile phone numbers, we collect mobile screen resolution, device make and manufacturer, as well as the device's unique identifier (in the iPhone's case, a UDID).
6.6 By using our site you consent to us using the cookies and similar technologies described above.
7. Information Security
7.1 We are committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure.
7.2 Whilst neither we, nor any other organization, can guarantee the security of information processed online, we do have appropriate security measures in place to protect your personal information. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited.
7.3 To further protect your privacy and security, we reserve the right to take reasonable steps (such as requesting your password) to verify your identity before granting you profile access or making corrections.
7.4 Additionally, you should ensure your password is kept secret at all times. You will be responsible for maintaining the secrecy of your password and account information.
8. Jurisdiction
8.1 All information passed through Betrelate is primarily handled in Lagos state, Nigeria but may from time to time be handled in any country in which Lofit Gaming networks LLC. or its affiliate companies maintain facilities, in the sole discretion of Betrelate. By using the Service, you agree that the handling of your personal information and any communication through the Service will be governed by the laws of the Federal Republic of Nigeria and shall be governed by Lagos state Law.
9. Changes and Updates
9.1 This Privacy Policy may be revised periodically and this will be reflected by the "Last update posted" date above. Please revisit this page to stay aware of any changes. Your continued use of the Service constitutes your agreement to this Privacy Policy and any future revisions. By using Betrelate you are indicating that you have read, understood, and agree to the updated Privacy Policy.
9.2 Contact Information: Please contact Betrelate with any questions or comments about this Privacy Policy by emailing support@betrelate.com
10. Managing your Privacy
Users can e-mail support@betrelate.com to request their data to be deleted, and for further assistance and questions regarding Lofit gaming's privacy policy.
1. Acceptance of Terms
Lofit gaming network Ltd (“Betrelate”) provides a social network for sports fans and a website located at www.betrelate.com (the "Site") and a related mobile app — which include all of the text, images, audio, code and other material they contain or provide and all other software applications, embeddable players, apps and "widgets" (collectively, the “Content”) and all of the features, and other services they provide. The Site, the mobile app, and any other features, tools, materials, or other services (including co-branded or affiliated services) offered from time to time by Betrelate are referred to here as the “Service.” Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Service. By using or otherwise accessing the Services, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy (available online at available online at https://betrelate.com/legal#privacy-policy) and (3) any additional terms, rules and conditions of participation issued by betrelate from time to time. If you do not agree to the Terms, then you may not access or use the Content or Services.
2. Modification of Terms of Use
Except for Section 15, providing for binding arbitration and waiver of class action rights, Betrelate reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. If a revision to the Terms, in our sole discretion, is material, we will notify you by contacting you through the email address associated with your account. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms of Use as modified.
3. Eligibility
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
You are representing and warranting that:
you are of 18 years of age or older
you will abide at all times by these Terms of Use and any other agreements between you and Betrelate regarding your use of the Service
If Betrelate determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Service.
4. Conditions of Participation
4.1 Registration- In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Betrelate has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, betrelate may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
4.2 Account Password and Security - At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction with your account. You may not use a Username that promotes a commercial venture or a Username that Betrelate in its sole discretion deems offensive. Many portions of the Service require registration for access (the "Restricted Areas"). You are responsible for maintaining the confidentiality of your Username and Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Betrelate of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. Betrelate cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that Betrelate is authorized to act on instructions received through the use of your Username and Password, and that betrelate may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice if we believe your Username and Password are being used by someone other than you, or for any other reason. betrelate may require you to change your Username or may unilaterally change your Username.
4.3 Communications and Information Practices - As a result of your registration for the Service, you may receive certain commercial communications from Betrelate. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
4.4 Disqualification and Cancellation - Betrelate, in its sole discretion, may disqualify from the entire Service, or suspend, limit, or terminate your account if you engage in conduct Betrelate deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, violating any of these rules; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with the Service; and abusing the Service in any way; or otherwise violating these Terms of Use.
If for any reason the Service is not running as originally planned (e.g., if the Site becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Betrelate corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Betrelate reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Site. The failure of Betrelate to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Betrelate (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms.
5. Service and Chats
5.1 Service - Betrelate is a platform that allows users to send and receive messages and images publicly and in private chats.
5.2 Private Chats - Betrelate makes it easy for you to chat directly with any member on the service. easily you can exchange messages with each other.
As part of the Service, Betrelate sometimes causes administrative messages to be sent to users. For example, when new features are launched, or wh a new user joined, such new member will receive a welcome message, instructions on how to stop receiving messages. Betrelate may send other administrative messages as well. BY SIGNING UP FOR THE SERVICE, YOU AGREE TO RECEIVE MESSAGES FROM BETRELATE.
Betrelate administrators and moderators will attempt to remove or edit any generally objectionable material as quickly as possible. By agreeing to the Terms contained herein:
(i)You acknowledge that all posts made to the feed and groups express the views and opinions of the author and not the administrators, moderators or webmaster and hence will not be held liable. Nor will betrelate be held liable for any of the following features: posting GIF’s through Giphy; posting links on main feed; onboarding, inviting friends and finding friends from your contacts; discover, displaying most trending, recent and recommended posts or any of its other features.
(ii)You agree not to post any commercial solicitations or advertising for any products or services.
(iii)You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented or any other material that may violate any applicable laws. Doing so may lead to you being immediately and permanently banned (and your service provider and/or law enforcement authorities being informed). The IP addresses of all posts are recorded to aid in enforcing these conditions.
(iv)You agree that betrelate webmaster, administrator and moderators of this forum have the right to remove, edit, move or close any topic at any time should they see fit.
(v)You agree to any personal information you have entered being stored in a database. While this information will not be disclosed to any third party without your consent, betrelate webmaster, administrator and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised.
6. Conduct
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by betrelate. If you operate a group, post material to one, publicly post an image or text, comment on a post, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content.
By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not explicitly authorized by betrelate. You represent and warrant that you own and control all of the rights to the Content that you share using the Service, or you otherwise have the right to post or share the Content on the Service; and represent and warrant that the use and posting of the Content you supply does not violate the Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for betrelate or for third parties.
You agree not to engage in any of the following prohibited activities:
(i)Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
(ii)Using any automated system, including without limitation “robots,”“spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the betrelate servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
(iii)Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (3) bypass any measures we may use to prevent or restrict access to the Service;
(iv)Transmitting spam, chain letters, or other unsolicited email;
(v)Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(vi)Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vii)Uploading invalid data, viruses, worms, or other software agents through the Service;
(viii)Collecting or harvesting any personally identifiable information, including account names, from the Service;
(ix) Using the Service for any commercial solicitation purposes;
(x) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(xi)Interfering with the proper working of the Service;
(xii)Accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
(xiii)Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
(xiv)use artificial means, including creating multiple user accounts, to inflate your position and standing with the betrelate leaderboards and community;
(xv)advertise to, or solicit, any user to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to users without their prior explicit consent;
(xvi)transfer your profile;
Violation of our rules may result in the removal of your Content from the Service and/or the canceling of your account. You acknowledge and agree that betrelate may remove any User Content (as defined below) and terminate any betrelate account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). To report Terms of Use violations, please email support@betrelate.com
6.1 User Content
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not betrelate, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will betrelate be liable in any way for any User Content. You acknowledge that betrelate may or may not pre-screen User Content, but that betrelate and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, betrelate and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Betrelate's sole discretion. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service. With respect to User Content you submit or otherwise make available on or to the Service, you grant betrelate an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. betrelate reserves the right, but has no obligation, to monitor disputes between you and other users.
7. Indemnity
You agree to release and to indemnify, defend and hold harmless betrelate and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys' fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Software and/or Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. betrelate reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with betrelate in the defense of such matter.
8. Warranty Disclaimers
YOUR USE OF THE SOFTWARE AND SERVICE IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BETRELATE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BETRELATE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED OR STORED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BETRELATE OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
9. Limitation on Liability
NEITHER BETRELATE NOR OUR AFFILIATES, LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BETRELATE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SOFTWARE OR SERVICE. UNDER NO CIRCUMSTANCES WILLBETRELATE'S OR OUR AFFILIATES', LICENSORS' OR SUPPLIERS' TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO BETRELATE FOR THE SOFTWARE OR SERVICE OR $50. THE LIMITATIONS SET FORTH IN THIS AGREEMENT APPLY EVEN IF ANY LIMITED REMEDY UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.
10. Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Service are owned by betrelate or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by betrelate, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
11. Links
The Service provides, or third parties may provide, links to other World Wide Web sites, applications or resources. Because betrelate has no control over such sites, applications and resources, you acknowledge and agree that betrelate is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that betrelate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Termination and Suspension
betrelate may periodically make updates to the Service. Disruptions to the Service are rare but may occur. betrelate may terminate or suspend all or part of the Service and your betrelate account immediately, without prior notice or liability, with or without cause effective immediately. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your betrelate account, you may contact us via email at support@betrelate.com with a note to say you wish to terminate your account.
The following provisions of the Terms survive any termination of these Terms: CONDITIONS OF PARTICIPATION (except for Registration and Account Password and Security); CONDUCT (only User Content); INDEMNITY; WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY; OUR PROPRIETARY RIGHTS; LINKS; TERMINATION; NO THIRD PARTY BENEFICIARIES; BINDING ARBITRATION AND CLASS ACTION WAIVER; GENERAL INFORMATION. If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with betrelate regarding restoration of your account only viasupport@betrelate.com.
13. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.
14. Application License
All data with the exception of the Content, including, without limitation, text, graphics, interactive features, logos, photos, videos, software, and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Service (collectively, the "Materials") are the intellectual property of betrelate, its licensors, and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark, and other laws, international conventions and proprietary rights. All ownership rights to the Materials remain with betrelate, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to betrelate or its affiliates and/or third party licensors. Except as expressly authorized by betrelate, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials.
Subject to your compliance with these Terms, betrelate grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use. betrelate reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
15. Content
Any Content transmitted through groups, chats or posted publicly is not representative of our opinions including our employees. Links may be transmitted in group chats or publicly, none of which are endorsed by or affiliated with us. Please use your discretion in following these links and utilizing the Service and keep in mind that all use is governed by the Terms.
16.1 Content Licensing
By using Betrelate and submitting Content publically, direct messages to users or to a group chat, you grant Betrelate a world-wide, royalty-free, perpetual, fully sublicenseable and non-exclusive license to reproduce, modify, adapt and publish the Content in connection with the Service. Without limiting any of those representations or warranties, Betrelate has the right (though not the obligation) to, in its sole discretion (i) refuse or remove any content that, in Betrelate' opinion, violates any Betrelate policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Betrelate's sole discretion. This may include modifying or stopping the Service in its entirety.
17. Mobile Software
Mobile Software from iTunes. The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and us, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Betrelate as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Betrelate as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, us, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Betrelate acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, 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 relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
18. General Information
19.1 Entire Agreement - These Terms constitute the entire agreement between Betrelate and you concerning the subject matter hereof, and may only be modified by a written amendment signed by an authorized executive of Betrelate, or by the posting by Betrelate of a revised version. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing or otherwise be authorized.
19.2 Waiver and Severability of Terms - The failure of Betrelate to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
19.3 Statute of Limitations - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) week after such claim or cause of action arose or be forever barred.
19.4 Section Titles - The section titles in the Terms are for convenience only and have no legal or contractual effect.
19.5 Communications - Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above or send an email to support@betrelate.com.