Terms and Conditions

These Term and Conditions (the “Terms and Conditions” or “Agreement”) are a legal agreement between you and Snapzing, Inc., a California corporation (“Snapzing”). It governs your use of the Snapzing Application (the “Application”) on your Device(s) (defined below). If you do not agree with any of these terms and conditions you may not use the Application and you are not eligible to participate in any Snapzing Contest as defined in our Official Contest Rules (the “Rules”) available through the Application, the terms of which are incorporated into these Terms and Conditions by reference. Your use of the Application signifies your acknowledgement and acceptance of these Terms and Conditions. The Application is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it

CHANGES

Snapzing reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Application. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Application will be deemed acceptance thereof.

CONTENT

Except for User Content (defined below) all text, graphics, user interface(s), photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, the "Content"), including but not limited to arrangement of such Content, contained in this Application is owned, and controlled by Snapzing, and is protected by copyright and other intellectual property rights and unfair competition laws. No part of the Application and no Content may be copied, reproduced, or distributed in any way to any other computer, server, website or other medium without Snapzing's express prior written consent.

"User Content" means Snaps (as defined in the Rules), and any other communications, images, sounds, and all the material, data, and information that you upload or transmit through the Application. By transmitting or submitting any User Content while using the Application, you affirm, represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is used in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; (d) not obscene, pornographic and is free from the willful harassment of wildlife, damage to the environment by the photographer, and does not put any individual or animal in danger, and (e) you acknowledge and agree that any of your personal information within such content will at all times be processed by Snapzing in accordance with its Privacy Policy, available through the Application and incorporated herein by reference. You hereby grant Snapzing a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Snapzing to use your User Content (except any content you submit in response to Snapzing promotions, competitions, Contests or any other content specifically solicited by Snapzing) ends when you delete your account or you close your account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.

Snapzing assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Application for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, our representatives or technology may monitor and/or record your interaction with the Application or communications (including without limitation chat text) when you are using the Application. By entering into these Terms and Conditions, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications. If at any time Snapzing chooses, in its sole discretion, to monitor the Application, Snapzing nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.

You are solely responsible for the information that you post on, through or in connection with the Application and that you provide to others. Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms and Conditions, and Snapzing assumes no responsibility or liability for this material. If you become aware of misuse of the Application by any person, please contact us.

Snapzing may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Snapzing violates these Terms and Conditions, Snapzing’s Privacy Policy, the Rules or other terms or conditions applicable to Snapzing and/or the Application including but not limited to your use of the Application (e.g. terms of use put in place by Apple, Inc. its affiliates or subsidiaries (“Apple”)). Snapzing reserves the right to limit the storage capacity of User Content that you post on, through or in connection with the Application.

COPYRIGHT

The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied, reproduced, displayed, duplicated, performed, distributed, or otherwise infringed without your authorization and is available on the Application in a way that may constitute copyright infringement, you may provide notice of your claim to Snapzing's Designated Agent listed below. For your notice to be effective, it must include the following information:

Snapzing's Designated Agent is:

mod4 LLP
Attn: Snapzing Designated Agent
2150 Allston Way, Suite 400
Berkeley, CA 94704
partners@mod4llp.com
510.982.3110

If your User Content or other information has been affected by reason of a notification under the DMCA, you may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. You will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that your User Content or your activity is not infringing the copyrights of others. When we receive a counter-notification, we may reinstate the material in question.

To file a counter-notification with us, you must provide us with a written communication sent to Snapzing’s Designated Agent identified above that sets forth the following items:

VIRTUAL GOODS

Certain virtual goods may be available through the Application. Snapzing owns, has licensed, or otherwise has rights to use all of the virtual goods that appear in the Application. One virtual good are Zingbats, the “virtual currency” of the Application. You can earn Zingbats by:

You can also purchase Virtual Goods through the Application with some “real world” money. A purchase of Virtual Goods only grants you a license to use those goods in the Application. To purchase Virtual Goods, visit the purchase page accessible through the Application. Your purchase will occur via your iTunes account and will comply with Apple’s terms, conditions and policies applicable to your iTunes account.

When you place an order to purchase Virtual Goods from the Application, we may send you a confirmatory e-mail that will contain details of the items you have ordered. Please check that the details in the confirmatory e-mail are correct as soon as possible and maintain a copy of it for your records. Snapzing keeps records of transactions in order to deal with any subsequent queries.

Zingbats and other virtual goods are not real money or worth real money. Except as required by law, virtual goods are not redeemable for cash and cannot be exchanged, resold, or returned for a cash refund. Unused balances are not transferable. Snapzing prohibits and does not recognize any purported transfers of virtual property effectuated outside of the Application, or the purported sale, gift or trade in the "real world" of anything that appears or originates in the Application, unless otherwise expressly authorized by Snapzing in writing. Accordingly, you may not trade, sell or attempt to sell Zingbats or other virtual goods for "real" money, or exchange Zingbats or other virtual goods for value of any kind outside of a game, without Snapzing’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your account to termination.

You agree to pay all fees and applicable taxes associated with virtual goods incurred by you or anyone using an Account registered to you. Snapzing may revise the pricing for virtual goods offered through the Application at any time. YOU ACKNOWLEDGE THAT SNAPZING IS NOT REQUIRED TO PROVIDE A REFUND AFTER A PURCHASE OF ZINGBATS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED ZINGBATS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

TERMINATION

We may terminate your right to use the Application immediately, without notice to you, if, in our sole discretion, you fail to comply with this Agreement, the Snapzing Privacy Policy, the Rules and/or other Terms and Conditions applicable to the Application, Snapzing and/or your use of the Application (e.g. terms of use put in place by Apple) or engage in any fraudulent, criminal or other unauthorized activity, as determined in Snapzing’s sole discretion. We may also close and terminate your Account due to inactivity.

LIMITED WARRANTY, DISCLAIMER and LIMITATIONS ON LIABILTIY

THE APPLICATION AND THE SERVICES OFFERED THROUGH THE APPLICATION ARE PROVIDED "AS IS" WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY. MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER SNAPZING NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (the “SNAPZING PARTIES”) OR APPLE WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE APPLICATION UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE SNAPZING PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE EVEN IF ANY OF THE SNAPZING PARTIES WERE MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE SNAPZING PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SNAPZING PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

RELEASE & INDEMNITY

By downloading and using the Application and/or by entering into any Contest, Entrants agree to indemnify, release and hold harmless the Snapzing parties, from and against any losses, damage, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of your use of the Application, your violation of this Agreement, the Rules and/or the Snapzing Privacy Policy, your participation in any Contest or receipt or use or misuse of any prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Under no circumstances will the Snapzing Parties be liable to you for more than the amount you have paid Snapzing in the one hundred and eighty days (180) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid Snapzing any amounts in the one hundred and eighty days (180) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with Snapzing is to stop using the Application and to cancel your Account.

Snapzing reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Snapzing, and you agree to cooperate with Snapzing’s defense of these claims. Snapzing will use reasonable efforts to notify you of any such claim, action, or proceeding

upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

DISPUTE RESOLUTION

If a dispute arises between you and Snapzing, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Snapzing agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or your use of the Application or our services in accordance with the paragraph below or as we and you otherwise agree in writing. Before resorting to any litigation, mediation or arbitration, we strongly encourage you to first contact us directly at the information contained in this Agreement.. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

For any claim (excluding claims for injunctive or other equitable relief) the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

APPLE IS NOT A PARTY TO THIS AGREEMENT

Apple has no responsibility for providing any maintenance or services for the Application. In the event the Application does not conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Application to you; this is the sole extent of Apple’s obligation to you with respect to warranties applicable to the Application, and any other claims, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, are not the responsibility of Apple. Apple is not responsible for addressing any claims you or any third party may have relating to the Application or your possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Notwithstanding the foregoing, you acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of this Agreement, and that, upon the your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof

GENERAL PROVISIONS

You and Snapzing agree that if any portion of these Terms and Conditions, the Snapzing Privacy Policy or the Rules is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, the Snapzing Privacy Policy or the Rules, which shall continue to be in full force and effect.

Snapzing may assign or delegate these Terms and Conditions and/or the Snapzing Privacy Policy and/or the Rules, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms and Conditions or Privacy Policy or Rules without Snapzing’s prior written consent, and any unauthorized assignment and delegation by you is ineffective.

Snapzing may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms and Conditions.

These Terms and Conditions, any supplemental policies and any documents expressly incorporated by reference herein (including the Snapzing Privacy Policy and the Rules), contain the entire understanding of you and Snapzing, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Application.

The failure of Snapzing to require or enforce strict performance by you of any provision of these Terms and Conditions, the Snapzing Privacy Policy or the Rules or its failure to exercise any right under them shall not be construed as a waiver or relinquishment of Snapzing's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by Snapzing of any provision, condition, or requirement of these Terms and Conditions, the Snapzing Privacy Policy or the Rules shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms and Conditions, the Snapzing Privacy Policy or the Rules, no representations, statements, consents, waivers, or other acts or omissions by Snapzing shall be deemed a modification of Terms and Conditions, the Snapzing Privacy Policy or the Rules, nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Snapzing.

We may notify you via postings in the Application and via e-mail or any other communications means included in the contact information you provide to us. You can contact us by emailing support@snapzing.com or by sending a letter to:

Snapzing, Inc.
1488 Harrison Street #305
San Francisco, CA 94103

You acknowledge that the rights granted and obligations made under Terms and Conditions, the Snapzing Privacy Policy or the Rules to Snapzing are of a unique and irreplaceable nature, the loss of which shall irreparably harm Snapzing and which cannot be replaced by monetary damages alone so that Snapzing shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Application, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Application or any content or other material used or displayed through the Application and agree to limit your claims to claims for monetary damages, if any, as limited by Terms and Conditions, the Snapzing Privacy Policy or the Rules. Snapzing shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Snapzing, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Snapzing’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

These Terms and Conditions, the Snapzing Privacy Policy and the Rules are governed by and controlled by the laws of the state of California, one of the United States without reference to its choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the courts located in the city and county of San Francisco, California. The parties consent to the jurisdiction of said courts with respect to any action, dispute or other matter pertaining to or arising out of this Contest. This Contest is subject to all applicable laws and is void where prohibited.

UPDATES TO YOUR DEVICE

Updates to the software and/or hardware on your Device’s, defined as Apple’s iPod, iPad and iPhone, may be incompatible with the Application. Snapzing does not guarantee compatibility with any operating system or device including the Devices.

iPod, iPhone, iPad, and iTunes are registered trademarks of Apple and not of Snapzing. Apple is not a sponsor of Snapzing or its activities.

This Agreement was last updated on Oct 1, 2011