a. Use of SnapsBoard:
You may use our Products only if you can form a binding contract with SnapsBoard, and only in compliance with these Terms and all applicable laws. When you create your SnapsBoard account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account 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 is:
Subject to these Terms and our policies (including our Acceptable Use Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
c. Commercial use of SnapsBoard:
If you want to use our Products for commercial purposes you must create a business account and agree to our Business Terms of Service.
a. Posting content:
SnapsBoard allows you to post content, including photos, videos, comments, 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 SnapsBoard.
b. Usage of your content:
If you explicitly allow SnapsBoard via the privacy setting in the app 'Is SnapsBoard allowed to showcase your photos and videos on its website' to showcase your contents, you grant SnapsBoard a royalty-free worldwide license to use, store, display, reproduce, modify, create derivative work solely for the purposes of operating and marketing SnapsBoard Products.
c. Content retention period:
Following termination or deactivation of your account, or if you remove any User Content from SnapsBoard, your contents might be retained in SnapsBoard archival backup for the duration of archive. Our general policy is to retain archives for one month.
d. Your feedback and suggestions:
We value hearing from our users, and are always interested in learning about ways we can make SnapsBoard 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, SnapsBoard does not waive any rights to use similar or related Feedback previously known to SnapsBoard, or developed by its employees, or obtained from sources other than you.
We care about the security of our users. While we work to protect the security of your content and account, SnapsBoard 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.
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by SnapsBoard. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from SnapsBoard, you do so at your own risk and you agree that SnapsBoard will have no liability arising from your use of or access to any third-party website, service, or content.
SnapsBoard 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 through 12 of these Terms.
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 SnapsBoard 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 defense 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.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
SnapsBoard 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.
SnapsBoard 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.
SnapsBoard 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 SnapsBoard be liable for any type of damages.
For any dispute you have with SnapsBoard, you agree to first contact us and attempt to resolve the dispute with us informally. If SnapsBoard 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 American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and SnapsBoard agree otherwise, the arbitration will be conducted in USA. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA 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 SnapsBoard are each waiving the right to a trial by jury or to participate in a class action.
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California, for any actions not subject to Section 10 (Arbitration).
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
Notification Procedures and changes to these Terms. SnapsBoard 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.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SnapsBoard without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
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 SnapsBoard's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You agree that you will use SnapBoard application only in a manner consistent with the following Acceptable Use Policy.
You agree not to post User Content that:
1. is sexually explicit or contains nudity, partial nudity or pornography;
2. creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
3. may create a risk of any other loss or damage to any person or property;
4. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
5. violates, or encourages any conduct that violates laws or regulations;
6. contains any information or content we deem to be hateful, violent, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
7. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
8. infringes any third party's Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
9. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or is fraudulent, false, misleading, or deceptive.
You agree not to engage in any of the following prohibited activities:
1. Use, display, mirror or frame the Service, any individual element within the Service, the SnapsBoard name, logo or other proprietary information, or the layout and design of any page, without our express written consent;
2. Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
3. Attempt to probe, scan, or test the vulnerability of any SnapsBoard system or network or breach any security or authentication measures;
4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SnapsBoard or any of our providers or any other third party (including another user) to protect the Services or SnapsBoard Content;
5. Attempt to access or search the Services, User Content or SnapsBoard Content or scrape or download User Content or SnapsBoard Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SnapsBoard or other generally available third party web browsers;
6. Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail or other form of solicitation;
7. Use any meta tags or other hidden text or metadata utilizing a SnapsBoard or SnapsBoard trademark, logo, URL, or product name without SnapsBoard's express written consent;
8. Use the Service for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by SnapsBoard or in any manner not permitted by the Terms;
9. Use SnapsBoard user information to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;Impersonate or misrepresent your affiliation with any person or entity;
13. Violate any applicable law or regulation; or
14. Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy.
SnapsBoard reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that SnapsBoard believes violates this Acceptable Use Policy or its Terms of Service. SnapsBoard may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if, in SnapsBoard's sole determination, a User violates any provision of this Acceptable Use Policy, our Terms of Service, or for no reason.