This is the Terms of
Service ("Terms of Service") for www.mysnacs.com
and the Snac mobile widget service (the "Service") created by downloading our
software to your Mobile Phone.
Effective: November 10th,
2008.
We may update the Terms of
Service from time to time as the Service evolves. We will notify you at the
email address you provide upon registration, and highlight any such changes. Your use of the Service after such
notice will be deemed acceptance of such changes.
The service offered by
Snac, Inc. on the Site provides a user with the capability to download or
access user selected content through the user's compatible Mobile Phone (the
"Service").
IT IS STRONGLY RECOMMENDED YOU HAVE AN UNLIMITED DATA PLAN FROM YOUR
CARRIER AND/OR CLEARLY UNDERSTAND YOUR DATA PLAN BEFORE INSTALLING THIS
SERVICE.
1. By using the Service, you agree to
be bound by the terms of this Agreement.
2. This Agreement begins on the
earliest of the date on which:
1. You first access the Service via
the Internet.
2. You first download the Service
directly to your mobile device.
and
continues until terminated by either party as set out in clause 10. We may
refuse to accept your Application for any reason.
1. To use the Service, you must have a
Mobile Phone that is compatible with our Service.
We do not warrant that the Service will be compatible with your Mobile Phone.
Please refer to www.mysnacs.com for an
updated list of supported phones.
2. You must have the ability to
receive an SMS to your Mobile Phone.
3. You must be able to access the
Mobile Web from your Mobile Phone. It is highly recommended you have an
unlimited data plan from your Carrier.
4. You are responsible for ensuring
compliance with your Carrier's terms and conditions, and you indemnify us for
any loss or damage that we may suffer as a result of your breach of this
clause.
5. The availability and performance of
the Service is dependent on the memory, storage and other limitations of your Mobile
Phone and also the quality and speed of your connection between your Carrier and
Snac, Inc. We give no warranty to you in relation to the performance or
characteristics of your Mobile Phone and its use in connection with the Service.
1. You must not:
1. Use the Service to, or in any way
that would, violate any applicable law;
2. Violate, interfere with, damage or
compromise the Service or any other person's copy of the Service or their
electronic device;
3. Collect any information or
communication about the Service or users of the Service by monitoring,
interdicting or intercepting any process of the Service;
4. Remove any proprietary notices from
the Service;
5. Cause, permit or authorize the
modification, creation of derivative works, translation, or copying the
Service;
6. Sell, sub-license, assign, rent,
lease, act as a service bureau, or grant rights in the Service, to any other
person without our prior written consent;
7. Decompile, disassemble, reverse
engineer or hack the Service or endeavor to overcome any encryption, technical
protection or security methods implemented by us with respect to the Service and/or
data transmitted, processed or stored by us or other users of the Service or
8. Attempt to do anything referred to
in this clause.
2. Furthermore, you must not use the
Service, or knowingly or negligently allow any other person to use the Service,
to develop, generate, transmit or store information that:
1. Infringes any person's intellectual
property or other proprietary right;
2. Is defamatory, harmful, abusive,
obscene or hateful;
3. In any way obstructs or otherwise
interferes with the normal performance of another person's use of the Service;
4. Is an unsolicited commercial
communication not permitted by law;
5. Is harassment, nuisance or a
violation of privacy or threatens anyone;
6. Impersonates any other person, or
steals or assumes any person's identity (whether a real identity or online
nickname or alias);
7. May jeopardize the operation of a
mobile phone, Snac, Inc's network or the Carrier's network or knowingly or
negligently allow any other person to do so.
3. You indemnify us for any loss or
damage we may suffer as a result of you breaching any of your obligations.
4. We reserve the right to investigate
occurrences which may involve violations referred to in, or breaches in clause
(3-1) or (3-2). We may involve, and cooperate with, law enforcement authorities
in prosecuting users who have participated in such violations or breaches.
In order
to use the Service, you must create an account with Snac, Inc. We reserve the
right to, at our option, to terminate your account with us if you are in breach
of your obligations under any account and that breach is not rectified.
1. We will use reasonable endeavors to
make our Service available to you at all times. However, the quality and
availability of our Service may be affected by factors outside of our
reasonable control (for example, without limitation, weather, power services
and faults in phone networks or extremely high end user demand for the Service).
As a result, the Service is provided "as is" and we do not represent or warrant
that the Service will always be available, accessible, uninterrupted, timely,
secure, accurate, complete, error-free, or will operate without data loss, nor
do we warrant any particular quality of messages sent to or through the
Service.
2. We reserve the right to add
additional features or functions to the Service. However, we have no obligation
to make available to you any subsequent versions of the Service.
3. The Service is dependent on your Mobile
Phone having access to the Carrier's network. If you are in an area
where you cannot connect to a network, portions of the Service will not
function properly.
4. We assume no liability for the
content of any message or any other communication or response submitted by you
or any other person through the Service or otherwise and you hold harmless us from
and against for any loss or damage you may suffer as a result of your use of
the Service.
5. We are not liable to you or any
other person for faults or defects that arise in telecommunication services not
provided under this Agreement (even if they are connected, with our consent, to
the Service which we have arranged under this Agreement) which are due to
incompatibility with the Service.
6. Snac, Inc. may use the services of,
or link to third party web sites. These may appear in the form of text links,
advertisements, banners, buttons, or otherwise. The goods and services
available through these links are offered by independent companies which are
not affiliated in any way with Snac, Inc. and may not be associated to its affiliates
either. Snac, Inc. makes no representations as to the quality, fitness,
workmanship, value, appropriateness or reliability of the merchandise available
or the solvency or financial viability of any advertiser or third-party. Snac,
Inc. will not reimburse or indemnify you for any losses you may incur as a
result of transactions with any Snac, Inc. third-party. Users are advised to
use discretion in selecting companies to do business with online. Neither Snac,
Inc. nor its affiliates endorse the individuals, companies, or other similar
entities, or any products or materials associated with such individuals,
companies, or other similar entities, that are associated with Snac, Inc. or
its offered services.
TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SNAC, INC, ITS
AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES (WHETHER ARISING UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR ANY OTHER THEORY), ARISING OUT OF OR RELATING IN ANY WAY TO
THE SERVICE (INCLUDING WITHOUT LIMITATION ANY CONTENT CONTAINED IN THE SERVICE)
OR ANY PRODUCT OR SERVICE PURCHASED THROUGH OR PROVIDED BY THE SERVICE,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
INTANGIBLES, EVEN IF SNAC, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
YOU SPECIFICALLY AGREE THAT SNAC, INC, ITS AFFILIATES, SUPPLIERS, ADVERTISERS,
SPONSORS AND AGENTS ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY
THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY
RIGHTS. YOU FURTHER AGREE THAT SNAC, INC IS NOT RESPONSIBLE FOR ANY LOSS OF
DATA RESULTING FROM SNAC, INC'S DELETION OF ANY CONTENT FROM THE SITE, FROM
NETWORK OR SYSTEM OUTAGES, FROM FILE CORRUPTION, OR ANY OTHER REASON. IF YOU
ARE DISSATISFIED WITH THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. THE SOLE AND
EXCLUSIVE MAXIMUM LIABILITY TO SNAC, INC., ITS AFFILIATES, SUPPLIERS,
LICENSORS, ADVERTISERS, SPONSORS AND AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE
OR STRICT LIABILITY), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF
ANY, TO ACCESS THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES, CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree
to indemnify and keep indemnified us and our affiliates, officers, directors,
employees, agents and service providers at your expense, against any claims,
actions, proceedings, and suits and all related liabilities, damages,
settlements, penalties, fines, costs and expenses (including, without
limitation, reasonable legal fees and other dispute resolution expenses)
incurred by us arising out of or relating to your breach of any term of this
Agreement or any policy or guidelines referred to in it.
YOU AGREE TO INDEMNIFY AND
HOLD US, OUR AFFILIATES, SUBSIDIARIES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS
AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION
REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF
CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE ON OR THROUGH
THE SNAC, INC SITE OR YOUR USE OF THE SERVICE.
THE SNAC, INC SERVICE IS
PROVIDED AS A CONVENIENCE TO YOU. THE SERVICE IS PROVIDED ON "AS IS" AND "AS
AVAILABLE" BASIS. WE DO NOT WARRANT THAT THE USE AND/OR CONTENTS OF THE SERVICE
OR ANY WEB SITE LINKED THERETO WILL BE UNINTERRUPTED OR ERROR-FREE.
NO WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR
NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, IS MADE IN RELATION TO THE CONDITION, SUITABILITY,
AVAILABILITY, ACCURACY, RELIABILITY, MERCHANTABILITY, AND/OR NON-INFRINGEMENT
OF ANY SERVICES PROVIDED HEREUNDER, YOUR OWN EQUIPMENT, THE INTERNET ITSELF,
ANY PUBLIC LINES AND/OR OPERATOR/CARRIER NETWORKS.
We may
suspend your use of the Service, at our sole discretion without notice, if:
1. We decide that the Service needs
maintenance or upgrading;
2. You or anyone else using your
Mobile Phone, are in breach of this Agreement; or
3. Any third party takes action or
threatens to take action against us for providing the Service.
1. You can terminate this Agreement at
any time for any reason by terminating the use of Service.
2. We may terminate this Agreement at
any time on 14 days notice to you.
3. We may terminate this Agreement
immediately if:
1. You, or any user of your Mobile
Phone, breach this Agreement;
2. You, or any user of your Mobile
Phone, damages a carrier network or puts a carrier network at risk or abuses or
threatens our staff;
3. Your Mobile Phone is no longer
compatible with our Service;
4. Your Mobile Phone Number is no
longer valid; or
5. We are ordered by a government
agency to cancel the Service.
4. If this Agreement is terminated for
any reason, you will not be able to use the Service.
5. Upon termination of this Agreement
for any reason:
1. All licenses and rights to use the Service
will terminate and you must remove the Service from your Mobile Phone and
delete all copies of the Service in your possession. We can also disable or
delete any software supporting the
Service you have installed without notice to you; and
2. The provisions of clauses 6, 7, 8, 11
and 13 and any other clauses which by their nature should survive, will survive
the termination of this Agreement.
The Snac, Inc. Privacy Policy
on our Website explains how we will handle your personal information. Please refer to the most recent policy
found here:
http://www.mysnacs.com/site/privacy_policy
Subject to the terms of
this Agreement, we grant you a limited, non-exclusive, personal,
non-sub-licensable, non-assignable license to download if appropriate, install
and use the Service onto a Mobile Phone for your sole use and for the sole
purpose of using the Service supplied by us in accordance with the terms of
this Agreement. The Service may only be used in connection services provided by
Snac, Inc and according to its intended purpose.
1.You acknowledge that we
retain all intellectual property rights (including, without limitation, rights
protected by laws relating to copyright, patents, trade secrets and trademarks)
relating to the Service, the design or operation of the Service, any
modification or enhancements to the Service, and any other technical
information relating to the provision of the Service ("Intellectual Property
Rights"). Except for the limited license granted to you, we reserve all rights,
title and interest in and to the Service.
2. You will not use information which you acquire from us for any purpose that
is not authorized by us in writing. This includes, but is not limited to, any
type of reverse engineering effort based on the Mobile Client installed on your
Mobile Phone, emulator or other environment.
3. You must not do anything that would jeopardize damage, limit or interfere
with our Intellectual Property Rights or our interest in them.
We do not claim ownership
of Content you submit or make available for inclusion on the Service. However,
after validation, with respect to Content you submit or make available for
inclusion on publicly accessible areas of the Service, you grant Snac, Inc. the
following worldwide, royalty-free and non-exclusive license(s) as applicable:
With respect to photos,
graphics, audio or video, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service solely
for the purposes of providing and promoting the specific service to which such
Content was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Service and will
terminate at the time you remove or Snac, Inc removes such Content from the
Service.
With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service,
the perpetual, irrevocable and fully sub-licensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
Without limitation to
clause 7, we are not liable for:
1. Any delay in correcting any fault in the Service;
2. Failure or incorrect operation of any part of the Service; or
3. Any other delay or default in performance under this Agreement,
if it is caused by an event beyond our reasonable control, including but not
limited to war, accident, industrial action, embargo, delay or failure or
default by your Mobile Phone Provider or any other supplier of goods or
services to us or you.
1. You must not transfer your account
or assign any of your rights and responsibilities under this Agreement without
our prior written approval. We may assign any of our rights and obligations at
any time.
2. If any term of this Agreement is
invalid or unenforceable, it will be severed from this Agreement and the
remainder of this Agreement will remain valid and effective.
3. You acknowledge that you enter into
this Agreement entirely as a result of your own enquiries and that you do not
rely on any statement, representation or promise by us or on our behalf not
expressly set out in this Agreement.
4. Any failure or delay by us in
enforcing a provision of this Agreement does not affect our right at a later time
to enforce that or any other provision.
5. This Agreement is governed by and
construed in accordance with the laws of the State of New York. You submit to
the jurisdiction of the courts of the State of New York or other district as
applicable.
These words have the
following meanings:
1. "Agreement" means this agreement,
as amended from time to time.
2. "Carrier" means the party providing
mobile phone network services to you.
3. "Content" means data, text,
software, music, sound, photographs, graphics, video, messages, tags, or other
materials
4. "Mobile Phone" refers to any
electronic and telecommunications equipment that you use to access our Service
including but not limited to Mobile Phones, PDA's and computers, and including,
if applicable, your Subscriber Identity Module card or Mobile Identification
Number, either could contain your Mobile Phone Number.
5. "Mobile Phone Number" means the
mobile phone number issued in respect of your Mobile Phone.
6. "Service" means the Snac, Inc platform
distributed from the website: www.mysnacs.com
and associated technologies or activities, and any content provision,
transaction processing or customer relations conducted through these means.
7. "SMS" means any SMPP or MMAP
compliant message transmitted through a computer network, including but not
limited to GSM, TDMA or (W-)CDMA networks or any other form of messaging service
that may be used by Snac, Inc.
8. "We", "us" and "our" means Snac,
Inc. providing the Snac Service,
9. "Website" means www.mysnacs.com and
any other content made available by SNac, Inc. on the
World Wide Web.
10. "you" and
"your" means you, the customer who subscribes to our Service.
Copyright © Snac, Inc.
2008. All rights reserved.