Thanks for using SneakerCoin! Here's our Terms of Service that you must read and agree to before accessing our application.

Terms of Service:

The following terms and conditions govern all use of the SneakerCoin mobile application and all content, services and products available at or through the application and website (taken together, the Product). The Product is owned and operated by Phusion, Inc. (“Phusion”). The Product is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Phusion’s Privacy Policy) and procedures that may be published from time to time on this Site (located at http://phusion.co/tos) by Phusion (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Product. By accessing or using any part of the Product, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Product or use any services. If these terms and conditions are considered an offer by Phusion, acceptance is expressly limited to these terms. The Product is available only to individuals who are at least 13 years old.

  1. Your SneakerCoin Account and Product. If you create a user account on the Product, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe, reserve user names, or assign keywords to your user account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Phusion may change or remove any description, user name, or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Phusion liability. You must immediately notify Phusion of any unauthorized uses of your user account, or any other breaches of security. Phusion will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a user account, comment on a post within the Product, post material to the Product, post links within the Product, or otherwise make (or allow any third party to make) material available by means of the Product (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
    • your user account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your user account is not presented in a manner that misleads others into thinking that you are another person or company; and
    • you have, in the case of Content, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Phusion or otherwise.

    By submitting Content to Phusion for inclusion with the Product, you grant Phusion a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promotion. This license allows Phusion to make publicly-posted content available to third parties selected by Phusion so that these third parties can analyze and distribute (but not publicly display) your content through their services.

    You also give other SneakerCoin users permission to share your Content on other SneakerCoin user accounts and add their own Content to it so long as they give you credit as the original author by linking back to your user account.

    If you delete Content, Phusion will use reasonable efforts to remove it from the Product, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Phusion has the right (though not the obligation) to, in Phusion’s sole discretion (i) refuse or remove any content that, in Phusion’s reasonable opinion, violates any Phusion policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Product to any individual or entity for any reason, in Phusion’s sole discretion. Phusion will have no obligation to provide a refund of any amounts previously paid.

  3. Restricted Use. You may not use the Product to substantially replicate products or services offered by Phusion, including the republication of Phusion content or the creation of a separate publishing platform. If Phusion believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Product may be temporarily or permanently revoked, with or without notice.
  4. Responsibility of Product Visitors. Phusion has not reviewed, and cannot review, all of the material posted to the Product, and cannot therefore be responsible for that material’s content, use or effects. By operating the Product, Phusion does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Product may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Product may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Phusion disclaims any responsibility for any harm resulting from the use by visitors of the Product, or from any downloading by those visitors of content there posted.
  5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which the Product links, and that link to the Product. Phusion does not have any control over those non-Phusion websites and webpages, and is not responsible for their contents or their use. By linking to a non-Phusion website or webpage, Phusion does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Phusion disclaims any responsibility for any harm resulting from your use of non-Phusion websites and webpages.
  6. Copyright Infringement and DMCA Policy. As Phusion asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Product violates your copyright, you are encouraged to notify Phusion in accordance with Phusion’s Digital Millennium Copyright Act (“DMCA”) Policy. Phusion will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Phusion will terminate a visitor’s access to and use of the Product if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Phusion or others. In the case of such termination, Phusion will have no obligation to provide a refund of any amounts previously paid to Phusion.
  7. Intellectual Property. This Agreement does not transfer from Phusion to you any Phusion or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Phusion. Phusion, SneakerCoin, the SneakerCoin logo, and all other trademarks, service marks, graphics and logos used in connection with the Product, or the website are trademarks or registered trademarks of Phusion or Phusion’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Product may be the trademarks of other third parties. Your use of the Product grants you no right or license to reproduce or otherwise use any Phusion or third-party trademarks.
  8. Advertisements. Phusion reserves the right to display advertisements on your user account.
  9. Attribution. Phusion reserves the right to display attribution links.
  10. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our websites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using the Product within the designated notice period. Your continued use of the Product will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
  11. Termination. Phusion may terminate your access to all or any part of the Product at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SneakerCoin account (if you have one), you may simply discontinue using the Product. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  12. Disclaimer of Warranties. The Product is provided “as is”. Phusion and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Phusion nor its suppliers and licensors, makes any warranty that the Product will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Product at your own discretion and risk.
  13. Limitation of Liability. In no event will Phusion, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Phusion under this agreement during the twelve (12) month period prior to the cause of action. Phusion shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  14. General Representation and Warranty. You represent and warrant that (i) your use of the Product will be in strict accordance with the Phusion Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Product will not infringe or misappropriate the intellectual property rights of any third party.
  15. Indemnification. You agree to indemnify and hold harmless Phusion, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Product, including but not limited to your violation of this Agreement.
  16. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
  17. Miscellaneous. This Agreement constitutes the entire agreement between Phusion and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Phusion, or by the posting by Phusion of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Product will be governed by the laws of the state of Nevada, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Clark County, Nevada. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Las Vegas, Nevada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Phusion may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.