Last Updated: August 16, 2016
Access To Our Services
Subject to these Terms, we may offer to provide the Services solely for your own use and not for the use or benefit of any third party. Services shall include, but not be limited to, any services we perform for you and any applications we offer that you download from third-party application stores (such as iTunes store or Google Play®), as well as any materials displayed or performed on or through the Services (including content, as defined below).
You Must Be Eligible To Use Our Services
The Services are available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
We reserve the right, at our sole discretion, to modify or replace any of the Terms or to change, suspend or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time, by posting a notice on the Website or by sending you an email. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. You can determine if any changes were made to these Terms by noting the date that these Terms were last updated. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes.
As a condition of use, you agree not to use the Services for any purpose that is prohibited by the Terms. We provide the Services only for your own personal, non-commercial use. You are responsible for all activity under your account in connection with the Services. Content you may be able to post via the Services may appear on other user’s devices. You are responsible for all content that you post through the Services. By way of example (and not as a limitation) you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content, including on or through the the Services that:
- Violates, infringes, or misappropriates any patent, trademark, trade secret, copyright, or any other intellectual property right, or right of publicity or privacy, or other proprietary right of any other person or entity, or violates any law or contractual duty;
- You know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as we determine in our sole discretion;
- is intended to harm or exploit minors in any way
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities or sales without our prior written consent (such as contests, sweepstakes, barter, advertising or pyramid schemes);
- contains software viruses or any other computer codes, files or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Snaps Media, Inc. or any third party;
- impersonates any person or entity, including any employee or representative of Snaps Media, Inc.; or
- provides or creates links to external sites that violate any of the above.
Nor may you (directly or indirectly):
- take any action that imposes or may impose (as we determine in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- bypass any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
- run any form of auto-responder or “spam” on the Services;
- use manual or automated software, devices or other processes to “crawl” or “spider” the Services;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, except to the limited extent applicable laws specifically prohibit this restriction;
- access the Services to develop any software or other technology having the same primary function as the Services, including but not limited to using the Services in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Services;
- modify, translate or otherwise create derivative works of any part of the Services;
- “frame” all or any portion of the Services or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose; or
- copy, rent, lease, distribute or otherwise transfer the Services, or any of the rights that you receive under this Agreement. You shall abide by all applicable local, state, national and international laws and regulations. We do not guarantee that any content will be made available through the Services. We have no obligation to monitor the Services. We reserve the right to:
- remove or block any user from the Services, and
- remove, edit or modify in our sole discretion any contentfrom the Services at any time, without notice to you and for any reason (including, but not limited to, on receipt of claims or allegations from third parties or authorities relating to that content or if we think you may have violated these Terms) or for no reason at all.
We may remove any content that violates these Terms or that we determines is otherwise not appropriate in our sole discretion. By posting or transmitting content on or through the Services, you:
- represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize us and other users to use and distribute your content as necessary to exercise the licenses granted by you in this Agreement and in the manner contemplated by us and this Agreement,
- you certify that you are (a) at least 18 years old, or (b) at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit content;
- agree to and do hereby grant us and our affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit via the Servies for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) we may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant us a license to use your user name in connection with our use of any content you provide to us. You also consent to the display of advertising within or adjacent to any of your content. Any comments or materials you send to us, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential.
Registration And User Names
As a condition to using certain aspects of the Services, you may be required to register and provide accurate, truthful and complete registration information (including, but not limited to your name, email address and a password you will use to access the Services) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your use of the Services.
You shall not:
- provide us with any false personal information (including a false name) or create any account for anyone other than yourself without permission;
- use a name that is the name of another person with the intent to impersonate that person;
- use a name that is a name subject to any rights of a person other than you without appropriate authorization; or
- use a name that is a name that is otherwise offensive, vulgar or obscene.
We reserve the right to refuse registration of or cancel use of the Services in our sole discretion. You are solely responsible for activity that occurs under your name on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s name or account without that user’s express permission. You will immediately notify us in writing of any unauthorized use of your account or other account-related security breach that you become aware of.
Third Party Sites and Services
The Services may permit you to link to other websites, services or resources on the Internet and other websites, services or resources may contain links to the Services. You access third-party websites, services or resources at your own risk. These other websites, services or resources are not under our control and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of those websites, services or resources. The inclusion of any link to third party websites, services or resources does not imply our endorsement of them or any association with their operators. You acknowledge and agree that we 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 the use of or reliance on any content, goods or services available on or through any third party websites, services or resources.
You agree that the Services contains content (including, but not limited to, images, sound, video, copyrights, trademarks, service marks and logos) that are owned by or licensed to Snaps Media, Inc. and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other intellectual property rights and other proprietary rights and laws. You shall abide by and maintain all copyright or other proprietary notices, information and restrictions contained in any content accessed through the Services.
Content is provided to you AS IS for your personal use only. We expressly prohibit the use, reproduction, modification, distribution or storage of any content for use other than personal, non-commercial use without our prior written permission, or the prior written permission of the copyright holder identified in that content’s copyright notice. You shall not sell, license, rent or otherwise use or exploit any content for commercial use or use any content in any way that violates any third-party right.
The Services may provide you with the ability to add, create, upload, submit, distribute or post (“Submitting” or “Submission”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics or other information through the Services (collectively, the “User Submissions”). By Submitting User Submissions through the Services, you:
- acknowledge that you are publishing that User Submission and that you may be identified publicly by your name in association with that User Submission;
- grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display and perform, and otherwise fully exploit the User Submissions in connection with the Services and our (and our successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works of the Site), in any media formats and through any media channels (including without limitation third-party websites). You also grant each user of the Services a non-exclusive license to access your User Submissions through the Services and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, this license grant to us does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
- represent and warrant, and can demonstrate to our full satisfaction on request that you (a) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (b) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms and to grant the license rights set forth above, (c) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms; and (d) you are authorized to grant all of the aforementioned rights to the User Submissions to us and all users of the Services;
- agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Services;
- represent and warrant that our use or other exploitation of such User Submissions and the use or other exploitation by users of the Services as contemplated by this Agreement will not infringe, misappropriate, or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, patent, trademarks, trade secrets, contract rights or any other intellectual-property or proprietary rights; and
- understand and agree that we shall have the right to delete, edit, modify, reformat, excerpt or translate any User Submissions; and that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which it originated and that we will not be liable for any errors or omissions in any content; and that we cannot guarantee the identity of any other users whom you may interact with in the course of using the Services.
We do not endorse and have no control over any User Submission. We cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content you access using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting from your use.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Website and deleting any Services from your device. Any fees paid here are non-refundable. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Services; what content you access through the Services; what effects that content may have on you; how you may interpret or use that content; or what actions you may take as a result of having been exposed to that content. You release us from all liability for you having acquired or not acquired content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
The Services are provided “as is” and “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which we expressly disclaim. We, and our directors, officers, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the Services will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the Services is free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements. Your use of the Services is solely at your own risk.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): We make no guaranty of confidentiality or privacy of any communication or information transmitted through the Services. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information or any other content stored on our equipment, transmitted over networks accessed by or through the use of the Services.
You shall defend, indemnify and hold harmless Snaps Media, Inc., our affiliates and each of our, and our affiliates’, employees, contractors, directors, officers, agents, suppliers, partners, content providers, and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, content or otherwise from your User Submissions, violation of these Terms or violation, misappropriation or infringement by you, or any third party using the your account, of any intellectual-property right or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
In no event shall we, nor our directors, officers, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services (a) for any lost profits, data loss, cost of procurement of substitute goods or services or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising), (b) for any bugs, viruses, Trojan horses or the like (regardless of the source of origination) or (c) for any direct damages in excess of (in the aggregate) one-hundred U.S. dollars ($100). Because some states do not allow the exclusion or limitation of incidental or consequential damages, these limitations and exclusions may not apply to you.
A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and we agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts-of-law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, under the Arbitration Rules of the American Arbitration Association then in effect, by one commercial arbitrator with substantial experience in resolving intellectual-property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators in accordance with AAA rules. The prevailing party in any arbitration or other proceeding arising under these Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert-witness fees and all other expenses) incurred in connection with the proceeding. Judgment on the award may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the above, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For the purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation this section.
Integration, Severability and Waiver
These Terms (including those terms incorporated herein by reference) are the entire Agreement between you and us with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary for the rest of this Agreement to remain enforceable. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. For any waiver of compliance with these Terms to be binding on us, one of our authorized representatives must provide you with written notice of that waiver.
We shall not be liable for any failure to perform our obligations here where such failure results from any cause beyond our reasonable control, including without limitation mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you and you may not assign, transfer or sub-license them except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations here without your consent. These Terms do not create any agency, partnership, joint venture or employment relationship and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms shall be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return-receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next-day delivery by recognized overnight delivery service.
You may contact us at firstname.lastname@example.org or 27 W. 24th Street, Suite 801, New York, NY 10010.