Terms of Use

These terms were last updated on 16 June 2015

THANK YOU FOR USING CASPER!

Casper’s products and services are provided by LIAM COTTLE. These Terms of Service (“Terms”) govern your access to and use of Casper’s website, products, and services (“Products”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

0. SNAPCHAT™ TOS

Where possible, Casper has endeavoured to ensure our products and services adhere as closely as possible to the Terms of Service as provided by Snapchat™ Inc, however the use of this type of tool is inherently incapable of meeting these fully. More specifically the following terms provided by Snapchat™ will be broken:

Use of any scraping, data mining, robots or similar data gathering or extraction methods;

Accessing the Snapchat™ API with an unauthorized or third-party client

Depending on the particular use of Casper’s products and services others terms may be broken

By using Casper’s products and services you acknowledge that you are breaking these terms and furthermore agree that you will not hold Casper or LIAM COTTLE accountable for any damages that may result from the use of our products and services.

1. USING CASPER

a. Who can use Casper

You may use our Products only if you can form a binding contract with LIAM COTTLE, and only in compliance with these Terms and all applicable laws. If you use Casper on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

b. Our license to you

Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

2. YOUR CONTENT

a. Posting content

Casper allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post to Casper.

b. How Casper and other users can use your content

You grant Casper and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, reuse, modify, create derivative works, perform, and distribute your User Content on Casper solely for the purposes of operating, developing, providing, and using the Casper Products. Nothing in these Terms shall restrict other legal rights Casper may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

c. How long we keep your content

Following termination or deactivation of your use of Casper, or if you remove any User Content from Casper, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Casper and its users may retain and continue to use, store, display, reproduce, reuse, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Casper.

d. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make Casper more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Casper does not waive any rights to use similar or related Feedback previously known to Casper, or developed by its employees, or obtained from sources other than you.

3. COPYRIGHT POLICY

By publishing Content through Casper, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights of any third party.

4. SECURITY

We care about the security of our users. While we work to protect the security of your content and account, Casper cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

5. TERMINATION

Casper may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.

6. INDEMNITY

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Casper and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

7. DISCLAIMERS

The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.

Casper SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Casper takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Casper and LIAM COTTLE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Casper AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED New Zealand DOLLARS (100.00 NZD)

9. ARBITRATION

For any dispute you have with Casper, you agree to first contact us and attempt to resolve the dispute with us informally. If Casper has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the Arbitrators and Mediators Institute of New Zealand (“AMINZ”) under the Arbitration Act 1996, then in effect for the AMINZ, except as provided herein. Unless you and Casper agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AMINZ filing, administrative and arbitrator fees in accordance with AMINZ rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Nothing in this Section shall 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 Service. 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 MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Casper ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

11. GOVERNING LAW AND JURISDICTION

This website, any information contained on it, and these terms and conditions of use will be governed by, and interpreted in accordance with, New Zealand law. The New Zealand courts have exclusive jurisdiction to hear any disputes concerning matters involving this website.

Our Products are controlled and operated from New Zealand, and we make no representations that they are appropriate or available for use in other locations.

12. GENERAL TERMS

Notification Procedures and changes to these Terms.

Casper reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

No Waiver.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Casper’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement/Severability.

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Casper in connection with the Products, shall constitute the entire agreement between you and Casper concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.