SnapApp

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Terms of Service for www.snapapp.com

OVERVIEW

SnapApp is a service that allows customers to create content interactive content ("Service"). These Terms of Service are an integral part of SnapApp and govern using any content, services, technology or other SnapApp functionality that resides on SnapApp.com, or a SnapApp partner site. If you purphase a paid service from SnapApp, you must separately agree to a Master Service Agreement and an Order Form, which shall supersede these Terms of Service for the www.snapapp.com website.

ACCEPTANCE

By using the Service, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to this Site and any SnapApp partner site. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

SNAPAPP TERMS OF SERVICE

PLEASE READ AND REVIEW THESE TERMS AND CONDITIONS OF SERVICE ("Agreement") CAREFULLY BEFORE USING THE SNAPAPP WEBSITE OR ANY WEBSITE POWERED BY SNAPAPP (the "Sites"). The domain and site, SnapApp.com, is controlled and operated by Pangea Media, ("SnapApp", "we", or "us"), which is owned and operated by Pangea Media LLC. Use of the Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that SnapApp may terminate your access to SnapApp or other Sites should you fail to comply with the Terms and Conditions or any other guidelines and rules published by SnapApp. Any such termination shall be in SnapApp's sole discretion and may occur without prior notice, or any notice. SnapApp further reserves the right to terminate any user's access to SnapApp or other Sites for any conduct that SnapApp, in its sole discretion, believes is or may be directly or indirectly harmful to other users, the community and social aspects of SnapApp, to SnapApp or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. SnapApp further reserves the right to terminate any user's access to SnapApp or Sites or its Service for any reason or for no reason at all, in SnapApp's sole discretion, without prior notice, or any notice.

By accessing and using this Site, located at http://www.snapapp.com, or any site powered by SnapApp, you are hereby agreeing to be legally bound by this Agreement. This Site is restricted ONLY TO USERS OVER THIRTEEN (13) YEARS OF AGE. ANY SITE REGISTRANT BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT OR LEGAL GUARDIAN ASSIST IN THE COMPLETION OF THE REGISTRATION. By completing the registration process for this Site, you represent and certify that you are a minimum of thirteen (13) years of age, and can and will be legally bound by this Agreement. Inputting an incorrect birth date is grounds for immediate account termination. If for any reason you do not agree with all of the following terms and conditions, please immediately discontinue use of this Site. SnapApp reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall immediately become effective upon the posting thereof. Please review this Agreement to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

PRIVACY POLICY

SnapApp is focused on safeguarding and protecting your privacy. All use of personally identifiable data or data generated from the use of the SnapApp service is governed by and subject to the terms of our Privacy Policy located at http://www.snapapp.com/help/privacy.

SERVICE OVERVIEW

You may access, obtain or purchase services, products, information, and offerings ("Services") provided by SnapApp through SnapApp.com. SnapApp is a service that allows customers to create and distribute content for advertising purposes.

CONSENT TO ELECTRONIC COMMUNICATIONS AND EMAIL SOLICITATION

When you register for Services, you hereby agree that SnapApp may provide you with information, direct marketing, online and offline advertising and other materials regarding products, services and other offers from time to time and we may share your information with third parties for marketing purposes, unless you opt out, as described in our Privacy Policy. Such solicitations may take the form of email messages, surveys, displayed advertisements or other means of communication including automated means. Solicitations will be made to the contact information provided to us in the registration process. COMPLETE INFORMATION ABOUT THE COLLECTION AND USE OF YOUR INFORMATION IS AVAILABLE IN OUR PRIVACY POLICY AT http://www.snapapp.com/help/privacy.

REGISTRATION OBLIGATIONS

In this Agreement "you" refers to the person who registers to become a user of SnapApp. In consideration of your use of the Service, you hereby represent that you are of legal capacity to enter into a binding agreement and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or any information that SnapApp has reasonable grounds to suspect is untrue, inaccurate, not current or incomplete, SnapApp has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). To obtain access to certain Services, you will be required to provide an email address and password. It is your responsibility to maintain the confidentiality of the password. You are fully responsible for all activities that occur under your account or password. You agree to immediately notify SnapApp of any unauthorized use of your account or password or any other breach of security. You also agree to exit from your account at the end of each session. SnapApp cannot and will not be liable for any loss or damage arising from your failure to do so. For more information on security, see our Privacy Policy. SnapApp is concerned about the safety and privacy of all Internet users, particularly children. For this reason, if a Site visitor indicates that they are under the age of 13 we do not collect or save any data or information received from them. FOR SITE REGISTRANTS BETWEEN THE AGES OF 13 AND 18, WE REQUEST THAT A PARENT ASSIST IN THE COMPLETION OF THE REGISTRATION AND ASSUME THAT BY DOING SO THE PARENT OR LEGAL GUARDIAN CERTIFIES THAT HE/SHE IS THE LEGAL GUARDIAN AND ALSO GIVES THE CHILD PERMISSION TO ACCESS ALL OF THE SERVICES INCLUDING, EMAIL, MESSAGE BOARDS, INSTANT MESSAGES AND CHAT (AMONG OTHERS). Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.

CONDUCT OF SnapApp USERS

The following is a partial list of the kind of Content that is illegal or prohibited to create using the Services. Without limitation, SnapApp reserves the right to investigate and to take appropriate legal action in its sole discretion against anyone who violates these guidelines, including without limitation, removing the offending content or communication from the Service and terminating the membership of such violators. It includes content and actions that:

  • promote racism, bigotry, hatred or physical harm of any kind against any group or individual or are patently offensive to the online community;
  • harass, or incite harassment of, another person or group;
  • involve harassment and the transmission of "spam", unsolicited mass emailing, unsolicited mass contact and chain letters; or that abuse SnapApp's communication tools.
  • misrepresent your identity or personal characteristics, or impersonate another individual.
  • misrepresent your true opinions in a way that does not accurately reflect you;
  • interfere with any other person's use of the Service.
  • promote information that you know is false or misleading; or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promote an illegal, unauthorized or plagiarized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • display pornographic or sexually explicit material of any kind;
  • provide material that exploits people under the age of 18 in a sexual or violent manner;
  • provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
  • seek to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

You shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the SnapApp website. In particular, you shall not:

  • use any portion of the SnapApp website or the Services for any unlawful purpose;
  • hold yourself out as sponsored by, endorsed by, or affiliated with the SnapApp site;
  • list the email addresses of people unknown to you;
  • list as referrals any email addresses that are fake, fictitious, or made up;
  • attempt to gain unauthorized access to SnapApp's database or other computer systems;
  • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by SnapApp in connection with the SnapApp website or the Services.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of SnapApp.

TRADEMARKS AND SERVICE MARKS

SnapApp, SnapApp.com, and the SnapApp logo are either trademarks, service marks or registered trademarks of SnapApp, and the Products and Services described or offered in this Site are either the trademarks, service marks or registered trademarks of SnapApp, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without SnapApp's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

SUBMISSIONS

Except where counteracted by a Master Service Agreement agreed to you by You and SnapApp, You agree that any materials, including but not limited to questions, comments, suggestions, quizzes, polls, surveys, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to SnapApp, or postings on this Site, are non-confidential (subject to our Privacy Policy). We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to SnapApp, including the posting of votes or materials to any poll, forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

PROPRIETARY RIGHTS AND COPYRIGHT

SnapApp and its licensors have expended substantial time, effort, and funds to create SnapApp and its Services. All Site software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the "Content") are the property of SnapApp and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

All elements of Content on this Site are either Copyright 2011 SnapApp, or are the proprietary property of SnapApp's suppliers, affiliates or licensors. No copyrighted material or other Content may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) in ways other than those expressly enabled by SnapApp without the express prior written consent of SnapApp. Use of SnapApp and/or its licensors' Content is only permitted with their express written permission. All rights reserved. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SnapApp's copyright agent the written information specified below. (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon;(3) A description of where the material that you claim is infringing is located on the site; (4) Your address, telephone number, and email address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent PO Box 0125 Watertown, MA 02471 or via email at copyright@snapapp.com.

DISCLAIMER OF WARRANTIES

THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SnapApp DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, SnapApp DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SnapApp SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SnapApp DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. SnapApp DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. SnapApp DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. SnapApp MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY SnapApp.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SnapApp OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF SnapApp OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SnapApp NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT THE SnapApp NETWORK.

UNDER NO CIRCUMSTANCES SHALL SnapApp OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

INDEMNITY AND RELEASE

By using SnapApp you agree to indemnify SnapApp and affiliated Sites, and its parents, subsidiaries, affiliates, officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your use of SnapApp and affiliates Sites, your use of the Services, or your submission of ideas and/or related materials to SnapApp or from any person's use of any account or password you maintain with any portion of SnapApp, regardless of whether such use is authorized by you. By using SnapApp and affiliated Sites, using the Services, or submitting any ideas and/or related materials to SnapApp, you are hereby agreeing to release SnapApp and affiliated Sites, and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to SnapApp. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

LIMITATION OF ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of SnapApp or affiliated sites or the Products and Services must be filed in the state of Massachusetts.

ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES

Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into in any state or federal court in Massachusetts having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Massachusetts having jurisdiction thereof. Except as set forth above, the state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes.

MISCELLANEOUS

No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

Unless you are a SnapApp customer and have agreed to the Master Service Agreement, this Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If you are are a a SnapApp customer and have agreed to the Master Service Agreement, then the Master Service Agreement and the "Order Form" referenced therein shall supersede these Terms of Service. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Massachusetts applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of Massachusetts.

TERMS OF SERVICE LAST UPDATE:

This policy was last updated on August 24, 2011.