The #1 iPhone & Android app for finding the best fashion near you. SIGN IN or JOIN
SNAPETTE INC. TERMS OF SERVICE
Effective as of January 27, 2011
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY SNAPETTE INC. ("SNAPETTE"), A DELAWARE CORPORATION. THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTPS://WWW.SNAPETTE.COM (THE "SITE") AND THE SERVICES, FEATURES, CONTENT, MOBILE APPLICATIONS OR OTHERWISE OFFERED BY SNAPETTE (COLLECTIVELY WITH THE SITE, THE "SERVICE").
Acceptance of Terms :
Registration and Eligibility :
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Snapette and represent, warrant and covenant that you provide us with accurate, truthful, and complete registration information (including, but not limited to your name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these TOS, which may result in immediate termination of your account.
You agree that you are solely responsible for any breach of your obligations under the TOS and for the consequences (including any loss or damage which we may suffer) of any such breach. If you have created an account or contributed Content to us, you recognize that violation of these TOS may result in termination of your account and loss of access to your Content contributed to us.
Account Termination and Removal of Content:
Snapette, in its sole discretion, has the right to remove content and suspend, terminate, deactivate or refuse registration or access to your account at any time, without notice and without liability, for any reason, including but not limited to violation of TOS, infringing on Intellectual Property and inactivity.
We reserve the right to monitor and review your account, Content and activity for compliance with these TOS. We may terminate or suspend your account or ability to use the Service if you breach the TOS, and we may remove any Content that unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property rights.
You agree not to:
We reserve the right to reclaim any username created by a Snapette user on behalf of businesses or individuals that hold legal claim or trademark on that username. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these TOS and register for the Service. The Service is not available to individuals who are younger than 13 years old. We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these TOS are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these TOS or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
You may request to deactivate your account at any time by contacting us. If you deactivate your account, we will use commercially reasonable efforts to stop displaying your profile on the Service, but may continue to display your Content, particularly as it involves others (e.g., if you have submitted a photograph that other users have commented on).
Content and User Submissions :
All Content, including Third Party Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these TOS, the term "Content" includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Snapette on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by users is collectively referred to as, "User Submissions."
We may use User Submissions in a number of different ways in connection with the Site, Service and our business as Snapette may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”).
By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant Snapette a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Snapette’s (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media.
You retain your rights to any Content you submit, post or display on or through the Services. You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Snapette be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Rules and Conduct :
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these TOS. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
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 on or through the Service, including without limitation any User Submission, that:
You shall not (directly or indirectly):
Snapette relies on User Submissions and Third Party Content, as such we do not guarantee that any Content will be made available on the Site or through the Service. We have no obligation to monitor, nor make any claim of accuracy with regards to the Site, Service, Content, or User Submissions.
Snapette reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Snapette is concerned that you may have violated these TOS), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these TOS, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Snapette, its users and the public.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. Content on the Site and Service does not represent the advice, views, opinions or beliefs of Snapette.
Snapette Content :
The Service contains Content specifically provided by Snapette or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
Copyright Notification Process:
Snapette respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as the username); (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Snapette will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
c/o RK ADLER LLP
Attn: Copyright Agent
241 Centre Street, Suite 608
New York, NY 10013
Third Party Sites and Services:
The Service 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 Site. When you access third party websites, you do so at your own risk. These other websites are not under Snapette’s control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Snapette or any association with its operators. You further acknowledge and agree that Snapette 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 such Content, goods or services available on or through any such website or resource.
Feedback and Unsolicited Idea Submission Policy:
Snapette or any of its employees does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new product names or otherwise. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Unsolicited Submissions") in any form to Snapette or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Snapette’s products or marketing strategies might seem similar to ideas submitted to us. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Unsolicited Submissions.
By sending us any Unsolicited Submissions, you agree that (i) your submissions and their contents will automatically become the property of Snapette and we shall be entitled to the unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you, (ii) your submissions does not contain the confidential or proprietary information of third parties, (iii) we will consider the submissions to be non-confidential and non-proprietary, (iv) we may have something similar to the submissions already under consideration or in development, and (v) we will have no obligations concerning the submissions, contractual or otherwise (including but not limited to an obligation to keep the submissions confidential).
Snapette does, however, welcome your feedback regarding many areas of Snapette’s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at email@example.com. Please do not include any ideas that Snapette’s policy will not permit it to accept or consider. It's just one more way that Snapette can learn how to best satisfy your needs. Any feedback you provide to us or any of its employees shall be deemed to be non-confidential. We shall be entitled to the unrestricted use of the feedback for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you.
Disclaimer of Warranties:
Your access to and use of the Services or any Content is at your own risk. The Site, Service, Content and User Submissions are provided "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES 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 ARE EXPRESSLY DISCLAIMED, TO THE EXTENT PERMISSIBLE BY LAW.
SNAPETTE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE 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 SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE, SERVICE, CONTENT AND USER SUBMISSIONS IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Other than to the extent required by law, Snapette has no special relationship with or fiduciary duty to you. You expressly understand and agree that your use of the Service is at your sole risk and acknowledge that Snapette has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release Snapette from any and all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Snapette makes no representations concerning any Content contained in or accessed through the Service, and Snapette will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF SNAPETTE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF SNAPETTE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED TO THE LESSER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO SNAPETTE IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE OR LIABILITY OR (ii) IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100.00).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SNAPETTE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT SNAPETTE, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, OR USER SUBMISSIONS FOR:
NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SNAPETTE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You shall defend, indemnify, and hold harmless Snapette, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, or otherwise from your User Submissions, violation of these TOS, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Snapette). Snapette reserves 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 Snapette in asserting any available defenses.
Governing Law :
You and Snapette agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
These TOS and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in New York County, New York, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these TOS on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these TOS and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).
Integration and Severability :
If any provision of these TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these TOS will otherwise remain in full force and effect and enforceable. The failure of Snapette to enforce any right or provisions of these TOS will not be deemed a waiver of such right or provision.
Snapette reserves the right, at its sole discretion, to modify or replace any or all of these TOS without explicit notice or liability. Snapette may suspend, discontinue or impose limits on the Service (including without limitation, the availability of any feature or content) at any time. It is your responsibility to check these TOS periodically for changes. The continued use of the Service following the posting of any changes to these TOS constitutes acceptance of those changes.
We will not be liable for any failure to perform its obligations hereunder 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 TOS are personal to you, and are not assignable, transferable or sublicensable by you except with Snapette’s prior written consent. Snapette may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these TOS and neither party has any authority of any kind to bind the other in any respect.
You may contact Snapette at firstname.lastname@example.org