Terms of ServiceLast Updated: March 3, 2014
1. General Description
SnipSnap is a provider of mobile coupon information (the “Services”) including information on coupons of certain merchants (“Merchants”). These terms of service (“Terms”) apply to use of the SnipSnap mobile application, the SnipSnap.it website or the mobile version thereof (the “App”). The App is the property of SnipSnap App, LLC (“SnipSnap”, “we”, “our”, “us”, etc.), which is located at 109 S 13th Street, Suite 3N, Philadelphia, PA 19107 . By accessing, using, or contributing to the Services or the App, and in consideration for the Services we provide to you, you agree to abide by these Terms. If you do not agree to be legally bound by all the following terms, please do not access and/or use the App or the Services.
SnipSnap may change these Terms from time to time, at SnipSnap’s sole discretion. Your continued use of the App following the posting of such changes will constitute your assent to all such changes to these Terms. Please periodically visit this section of the App to review the current version of these Terms.
2. Community Participation
To utilize certain portions of the App and Services, you may be required to complete a registration process and establish an account with SnipSnap (“Account”). You represent and warrant that all information provided by you to SnipSnap is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
2.2 Password and Security
As a registered user of the App and Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify SnipSnap immediately if you become aware of any unauthorized use of your Account(s).
SnipSnap respects the privacy of our users. The Privacy Statement provided on the App is expressly incorporated herein by reference and made a part of these Terms.
2.4 User Generated Content
SnipSnap does not pre-screen any contributed content nor does SnipSnap regularly review all contributed content, but SnipSnap has the absolute right (though not the obligation) to remove, without notice, any content posted.
By posting any content, you represent and warrant (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or (b) such posted content is in the public domain, or (c) your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
You also agree not to post any of the following types of content to the App: (a) adult content, pornography, explicit sexual images, or nude images; (b) content containing explicit, vulgar, or obscene language; (c) content promoting hate, abuse or destructive actions; (d) content promoting illegal activities; primarily political, religious, psychic, or metaphysical content; (e) content promoting pirated software; or (f) content intending for phishing or spreading malware.
2.5 License to SnipSnap
By posting or contributing content to the App using these Services, you are granting SnipSnap a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the App and Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of SnipSnap’s license rights to others.
2.6 Acts Against the App/Services
You shall not attempt or engage in potentially harmful acts that are directed against the App or Services including, without limitation, any one or more of the following:
(a) Using the App or Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the App or Services; (g) violating or attempting to violate any security features of the App; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the App; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the App or Services; (j) interfering or attempting to interfere with the use of the App by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the App; (k) causing, allowing or assisting machines, bots, or automated services to access or use the App or Services without the express written permission of SnipSnap; (l) tampering with the operation, functionality, or the security of the App or Services; (m) attempting to override or circumvent any security or usage rules embedded into the App or Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the App, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the App or Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the App by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the App or Services; (r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the App; (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (u) deep-linking to any portion of this App without our express written permission; (v) acting illegally or maliciously against the business interests or reputation of SnipSnap, including SnipSnap.it, our Merchants or our services; (w) hyperlinking to the App from any other website without our initial and ongoing consent; (x) using the App or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with SnipSnap; (y) reselling or repurposing your access to the App or any purchases made through the App; or (z) using the App or any of its resources to solicit other users of the App, Merchants or other business partners of SnipSnap to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with SnipSnap, including without limitation, aggregating current or previously offered coupons or deals.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
2.7 Parental Notice
Pursuant to 47 U.S.C. Section 230(d) as amended, SnipSnap hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).
3.1 Information Accuracy
SnipSnap makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted on the App or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted on the App. SnipSnap is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted on the App. SnipSnap is not responsible for the change of information at third party Apps/shops offers including but not limited to rebate information, pricing, availability or fitness for use. You understand that SnipSnap does not and cannot review all material made available through websites linked or linking to any part of the App. SnipSnap does not warrant that the App or any functions contained in SnipSnap content on the App will be uninterrupted or error free, that defects will be corrected, or that the App or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL SnipSnap OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SnipSnap WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
You understand that any linking to or from the App does not imply in any way that SnipSnap endorses or is affiliated with any third-party website. You agree that SnipSnap bears no responsibility or liability for any content accessed or harm caused from any third-party website.
3.3 Trademark Information
You agree that all of SnipSnap’s trademarks, trade names, service marks, and other logos and brand features, including “SnipSnap”, displayed on the App (“Marks”) are trademarks and the property of SnipSnap. You agree not to display or use SnipSnap’s Marks in any manner without SnipSnap’s prior permission.
3.4 Digital Millennium Copyright Act Policy
Notice and Takedown Procedure
It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web App, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the App will comply with applicable copyright laws. If SnipSnap receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.
If we remove or disable access to the App in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected App or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
SnipSnap’s Designated Agent to receive notification of alleged infringement under the DMCA is:
SnipSnap App, LLC
109 S 13th Street
Philadelphia, PA 19107
Attn: Legal Department
Upon receipt of proper notification of claimed infringement, SnipSnap will follow the procedures outlined herein and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SnipSnap’s Designated Agent (listed above) the following information in a written communication (preferably via email):
1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online App are covered by a single notification, a representative list of such works at that App;
2. Identification of the material on the App 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 SnipSnap to locate the material;
3. Information reasonably sufficient to permit SnipSnap to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: “I 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”;
5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide SnipSnap’s Designated Agent (listed above) the following information in a written communication (preferably via email):
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. Your name, address, and telephone number;
3. The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]“;
4. The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
5. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
6. Your signature, in physical or electronic form.
Upon receipt of such counter notification, SnipSnap will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that SnipSnap will replace the removed material or cease disabling access to it in 10 business days. SnipSnap will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, SnipSnap will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
4. Disclaimer of Warranties & Limitation of Liability
THIS APP IS PROVIDED BY SNIPSNAP ON AN “AS IS” AND “AS AVAILABLE” BASIS. SNIPSNAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS App OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS App. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS App IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SnipSnap DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SNIPSNAP DOES NOT WARRANT THAT THIS App, ITS SERVERS, OR E-MAIL SENT FROM SNIPSNAP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SNIPSNAP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS App, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You acknowledge and agree to indemnify and hold SnipSnap, its affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the App or Services, your violation of these Terms, the infringement by you or made under your Account(s), of any intellectual property or other right of any person or entity or arising out of or related to any products or services purchased by you in connection with the App.
You are solely responsible for your interactions with Merchants and other users of the App. To the extent permitted under applicable laws, you hereby release SnipSnap from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
5.3 Termination of Service
SnipSnap disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or App, or any software provided through the App. SnipSnap reserves the right to modify, suspend, or discontinue the Services or access to the App without any notice at any time and without any liability to you.
5.4 Scope of Terms
These Terms apply to use of and contribution to the App and any account provided therefore. SnipSnap may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
5.5 Governing Law and Entire Agreement
These Terms are governed by the laws of the State of Texas, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
We will make every reasonable effort to resolve any disagreements that you have with SnipSnap. If those efforts fail, by using this App you agree that any claim, dispute, or controversy you may have against SnipSnap arising out of, relating to, or connected in any way with these Terms, this App or the Services, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held in Austin, Texas; (b) the arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or SnipSnap’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SnipSnap will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (e) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this Section 5.6 shall be null and void, and neither you nor SnipSnap shall be entitled to arbitrate their dispute.