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
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.
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.
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.
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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located;
- Information reasonably sufficient to permit Snapzing to contact you, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted;
- 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; and
- 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 owner of an exclusive right that is allegedly infringed.
Snapzing's Designated Agent is:
Attn: Snapzing Designated Agent
2150 Allston Way, Suite 400
Berkeley, CA 94704
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:
- An identification of the URLs or other unique identifying information of material that Snapzing has removed or to which Snapzing has disabled access;
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person;
- A statement, under penalty of perjury, that you have a good faith belief that content at issue was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your physical or electronic signature
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:
- judging Contests;
- completing and/or winning Contests;
- checking in daily with the Application;
- in other ways as decided upon by Snapzing and posted in this Agreement or in the Application.
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.
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
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.
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
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.
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 email@example.com or by sending a letter to:
1488 Harrison Street #305
San Francisco, CA 94103
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.
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