This User Agreement ("Agreement") is entered between you (the "User", or "you") and Storesnaps, Inc. ("Storesnaps," "we," or "us") and sets forth your conditions of use as a registered user of StoreSnap service ("Service") at www.Storesnaps.com ("Website"). By using the StoreSnaps app, you agree to be bound by all of the terms and conditions contained in this Agreement. Storesnaps reserves the right at its discretion to change the terms of this Agreement and will you of any material changes by online postings. Your continued use of Service after the posting of any notice of change shall constitute your acceptance to be bound by any such changes.
Registering with Storesnaps.com
In order to use our Service, you are required to register as a User of StoreSnaps by setting up a StoreSnaps account, where you can save your favorite products or other information from StoreSnaps. In order to register as a User, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. If you register as a Storesnaps User, you will receive an account and you will be allowed to save and personalize Storesnaps content, and post ratings and user reviews. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. You will be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Storesnaps is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account at any time.
If you violate this Agreement, we may, at our sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that we believe is appropriate.
Reviews Are Owned by Storesnaps.com
Content that you provide for commenting on a business's goods and services or to map a location ("Reviews") on StoreSnaps shall be owned exclusively and in perpetuity by StoreSnaps. Such exclusive ownership means that Storesnaps and its affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. We are under no obligation to give credit or pay any consideration to you for your Reviews.
Limited License; Personal, Business, and Non-Commercial Use Limitation
As a registered User, you are hereby granted a non-exclusive license to access and use the content on the Website, but only while accessing the Website. You are also granted a limited license to print copies of any content posted on the Website, but only for your personal use within the Service. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use by you of any of the content for profit is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited.
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the Website.
Permission to use the Service terminates automatically if you breach any of the terms and conditions of this Agreement.
You agree that you are only authorized to visit, view, and retain a copy of pages of the Website for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the Website for any commercial use, or for any purpose other than as described in this Agreement. You also agree not to deep-link to the Website for any purpose, unless specifically authorized by StoreSnaps.
You also agree that you will abide by our Terms and Conditions, which are incorporated by reference herein.
Third Party Services
From time to time, Storesnaps uses services provided by persons or entities other than us (“Third-Parties"). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third-Parties site, you do so at your own risk. Any link from our Website to a Third-Party website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party websites to which you might link from our Website, or which may download or connect with through our Website. If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.
Posting Content on Our Website
Storesnaps reserves the right, but not the obligation, to refuse to post or to remove any User generated content if it contains or features any of the following unacceptable content:
1) Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech (e.g., racist/discriminatory speech);
2) References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., food poisoning, foreign objects in food, etc.);
3) Messages commenting on other users;
4) Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
5) Content that are advertising or are commercial in nature, or that are inappropriate based on the applicable subject matter;
6) Language that violates the standards of good taste or the standards of this Website, as determined by Storesnaps in its sole discretion.
7) Content determined by Storesnaps to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity;
8) Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
9) Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data, or personal information.
In order to operate and provide our Service, we collect certain information about you. In particular, we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Storesnaps or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of Storesnaps employees, customers or the public. In order to provide you the Service, we may collect certain information about service performance, your machine and your use of our Service. We may automatically upload this information from your machine. This data will not personally identify you.
California Resident Privacy Rights
From time to time, Storesnaps may share your personal information to third parties who are not affiliated to Storesnaps for marketing purpose. If you a California resident, the state's privacy law allows you to opt-out such sharing of your personal information. If you choose to opt-out, you may notify us by sending us your Opt-Out Choice Form [hyper-link to the form page] with your selection to [INSERT EMAIL ADDRESS], or via fax to [INSERT NUMBER], or to send your request to us at: [INSERT THE CONTACT, AND MAILING ADDRESS INFORMATION]
If you see objectionable content or have any questions about this Agreement, please contact Storesnaps at email@example.com
Although Storesnaps cannot monitor the conduct of its users off the Website, it is a violation of this Agreement to use any information obtained from our Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
Unauthorized Use of the Website
Illegal and/or unauthorized uses of the Website, including, but not limited to, unauthorized framing of or linking to the Website or unauthorized use of any robot, spider, or other automated device on the Website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to Storesnaps for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.
DISCLAIMERS AND LIMITATIONS
(a) Disclaimer. THE STORESNAPS WEBSITE CONTAINS, FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. STORESNAPS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURED, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STORESNAPS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
(b) Limitations. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STORESNAPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. No arbitration or other claim under this Agreement may be brought by either party against the other more than one (1) year after the cause of action arises. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason of any event beyond its reasonable control, including any act of God, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications.
(c) Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT STORESNAPS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STORESNAPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to indemnify, defend, and hold harmless Storesnaps, its agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the website and/or software. Storesnaps reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Storesnaps in asserting any available defenses.
If there is any dispute about or involving the Website or the Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City and County of San Francisco. The prevailing party shall be entitled to reasonable attorney's fees.
Changes to this Agreement
Storesnaps reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement, the Service and the Website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of this Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of the Service.
Modification/Termination of Website
In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Storesnaps shall not be liable to you or any third-party for any termination of your access.
General Legal Provisions
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of San Francisco, California, USA, in all disputes arising out of or relating to the use of our Service. Use of our Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys’ fees.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Service.
If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final Agreement regarding our Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to such Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Effective as of August 6, 2012
Last Updated on August 14, 2012