Last Modified: 1 November 2012

Use of the YouBeatIt.com services is subject to the following license agreement. By installing, using, or accessing content or services on YouBeatIt.com or using the YouBeatIt.com browser add-on/extension (hereafter "service", collectively), you hereby accept the terms of this agreement with Acacia Tree Media Inc., the owner and operatorof YouBeatIt.com.

License

Acacia Tree Media Inc. hereby grants you a non-exclusive, non-transferable, limited right to access and use the service for personal, non-commercial use on one computer or other web enabled device at one time. The term of your license begins when you first access YouBeatIt.com or install the YouBeatIt.com browser add-on.

Ownership

You acknowledge that no title or ownership of the service is being transferred or assigned by this agreement. Acacia Tree Media Inc. maintains ownership and all right to the YouBeatIt.com name, logo, databases, web site, software, trade names, information and site artwork. YouBeatIt.com is protected by copyright as a collective work or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. No portion of the service may be copied or distributed without the prior written consent of Acacia Tree Media Inc.. except in accordance with the license agreement.

You understand and agree that others may view and access any information you and other users submit to YouBeatIt.com. You authorize Acacia Tree Media Inc. to use all supplied information at the discretion of Acacia Tree Media Inc. without any licensing fees and without limitation, as if it were in the public domain.

Client-Side License

The YouBeatIt.com browser add-on contains CLIENT SIDE JAVASCRIPT code which is licensed as follows:
    Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

    1. The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

    2. If the software is modified, the licensee waives the right to connect to any Acacia Tree Media Inc. web server, including YouBeatIt.com, and must implement server side functionality independently.

    THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Termination

Your license to use the service terminates immediately if you attempt to circumvent built in limitations, use the service other than it's intended, decline previously approved payments, or violate this agreement.

Acacia Tree Media Inc. may terminate the license, or remove account information of any user, and zero any unpaid cash balances after 90 days of inactivity.

Requirements

Usage of the service requires the following:

(i) a Javascript enabled, CSS compliant web browser

(ii) an adequate internet connection

(iii) a Facebook account with access granted to the YouBeatIt.com app OR a direct access password provided by YouBeatIt.com.

Conditions

You agree:

(i) to use the service on only one device at one time.

(ii) not to disclose any personal information about others without their consent.

(iii) not to use the service to communicate hateful, mean-spirited or harassing content.

(iv) not to supply another individual's information as your own.

(v) that failure to provide accurate information will be considered a breach of this agreement.

(vi) not to make any warranty or guarantee in promoting or sharing the service with others.

(vii) not to share or divulge any direct access web link provided to you, except when specifically encouraged to share it.

(vii) that any unused products or account balances, whether prepaid, unpaid or unclaimed, may be deleted after 90 days of your inactivity.

(viii) not to link to or promote YouBeatIt.com with unsolicited or bulk e-mail, internet robot, or automated posting.

(ix) to represent and warrant that you have the legal age and have sufficient authority to enter into this Agreement.

Content

You represent and warrant that any content submitted to YouBeatIt.com (i) does not violate any law or regulation; (ii) does not infringe in any manner on any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (iii) does not breach any duty toward or rights of any person or entity (iv) is not false or misleading; (v) is neither defamatory, libelous, slanderous or threatening; and/or (vi) does not contain or encourage explicitly or implicitly: pornographic material, unsolicited e-mail, or otherwise adult-related, distasteful or inappropriate content.

Acacia Tree Media Inc. reserves the right to reject or remove at its discretion, any user account or content.

Payments

Acacia Tree Media Inc. agrees to share a portion of it's revenue with some active users. The portion of revenue paid to users is a variable, fixed percentage set aside from every YouBeatIt.com income transaction. Current payment rates are published on our FAQ Page.

To be eligible for cash earnings the user must comply with the following requirements:

  • User must have an account in good standing
  • User must have submitted web content links to our service that have a current percentile ranking of 60% or higher in an individual contest category.
  • A fractional payment is added to an account balance for each eligible win to the user who submitted the winning content. A winning vote counts only when achieved in a head-to-head matchup against other content in the same contest category.
  • An eligible win is determined by our software to only include votes that Acacia Tree Media Inc. determines to be valid human users. Any votes cast, that are determined by our filters, at out discretion, to be of questionable origin do not count toward the final vote count. Acacia Tree Media Inc. assures that all submissions from all users are treated by the filters equally and according to the same rules.
  • The portion set aside for each day's cash payments will be divided equally between the submitters of all winning votes that meet the above criteria.
  • A cash payment may be requested only after user's account balance reaches $5 or more. Payments will by made on eligible requests via PayPal only, at least once per calendar month.
  • Payout will be denied any user who has not submitted valid legal documentation, as requested by Acacia Tree Media Inc., or whose account has been inactive for 90 days or more.

Privacy

By accessing the service you also consent to the collection, storage and usage of personal information, whether provided directly to YouBeatIt.com by you or provided by an authorized third party such as Facebook, as described in the privacy policy posted at http://www.youbeatit.com/privacy.php

Limitation of Liability

Acacia Tree Media Inc. will not be held responsible for any damages resulting the use, malfunction, or misuse of the service. Any personal injury, damages, slander, harassment, or losses incurred due to the actions or comments of a user of the service will be the responsibility and liability of that user. As a user of the service you assume liability for your own comments and actions taken while using the service.

You agree to defend, indemnify and hold Acacia Tree Media Inc. and its principals harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from the member's violation of this Agreement or any third-party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive any termination of this Agreement.

Other

Acacia Tree Media Inc. makes reasonable effort to provide consistent and quality service, however, Acacia Tree Media Inc. makes no guarantees expressed or implied of any kind regarding the dependability, accuracy, or timeliness of its services.

This Agreement has been made in and shall be construed and enforced in accordance with Utah, United States law. Any action to enforce this agreement shall be brought in the federal or state courts located in the state of Utah, United States of America.

Acacia Tree Media Inc. reserves the right to modify, or change this agreement, including all Terms and Conditions without notice, as it deems necessary. It is the user's responsibility to keep current with changes in the Terms and Conditions. Changes are effective for all users, regardless of when the user originally entered an agreement. You can monitor the datestamp at the top of this document for changes.