\\r\\n
\\r\\n User Terms of Service\\r\\n
\\r\\n
\\r\\n Last Updated: November 13, 2023
\\r\\n The www.snapcor.com website, and any other website on which these\\r\\n User Terms of Service\\r\\n appear, as\\r\\n well as any software, mobile applications, products, devices, or other services offered\\r\\n by SnapCor,\\r\\n Inc. and services offered through third parties integrating SnapCor functionality\\r\\n (collectively,\\r\\n “Offerings”), are made available by SnapCor, Inc., its subsidiaries, and/or affiliates\\r\\n (collectively\\r\\n referred to as “SnapCor”, “we”, “us”, “our”). You may access and use the Offerings only\\r\\n under the\\r\\n following terms and conditions (“Terms”).
\\r\\n These Terms apply to you and your use of the Offerings. By registering, accessing, or\\r\\n using the\\r\\n Offerings you agree to these Terms, SnapCor's Privacy Notice, SnapCor's Copyright Notice\\r\\n (posted\\r\\n below), and any other policies identified herein, which are incorporated by reference\\r\\n into these\\r\\n Terms. If you are using the Offerings on behalf of your employer or a legal entity, you\\r\\n represent\\r\\n and warrant that you are authorized to bind your employer or that entity to these Terms.\\r\\n In\\r\\n addition, these Terms apply to and are binding on anyone who is authorized by the\\r\\n employer or legal\\r\\n entity to access or use the Offerings. Except for Paid Offerings, if you wish to\\r\\n terminate these\\r\\n Terms at any time you can do so by closing your account and no longer accessing or using\\r\\n the\\r\\n Offerings.
\\r\\n If your use of a given Paid Offering (as defined below) is governed by a separate\\r\\n Subscription and\\r\\n Services Agreement, Master Services Agreement, or similar agreement entered into with\\r\\n SnapCor, that\\r\\n agreement will control over any conflict with these Terms with respect to that given\\r\\n Paid Offering.\\r\\n
\\r\\n\\r\\n
\\r\\n Using the Offerings\\r\\n
\\r\\n
Eligibility\\r\\n
To use the Offerings, you agree that you:\\r\\n
(1) must be at least 16 years old, or older if\\r\\n required by\\r\\n applicable law for SnapCor to lawfully provide the Offerings to you without parental\\r\\n consent\\r\\n (including use of your Personal Data as defined in SnapCor’s Privacy Policy);\\r\\n
(2) will\\r\\n only have one registered account; and\\r\\n
(3) are not already restricted by SnapCor from\\r\\n using the\\r\\n Offerings. Creating an account with false information is a violation of these Terms.\\r\\n
\\r\\n\\r\\n
Registration and Your Account\\r\\n
\\r\\n Certain Offerings require registration. For those Offerings, you must provide complete,\\r\\n accurate,\\r\\n and truthful information and update the registration information promptly if there are\\r\\n any changes.\\r\\n Registered users are responsible for maintaining the confidentiality of their login\\r\\n credentials, and\\r\\n for all activities that occur under their account. You may not assign or transfer your\\r\\n account to\\r\\n any other person or entity without SnapCor’s prior written permission. You agree that\\r\\n SnapCor is not\\r\\n responsible for third-party access to your account that results from the theft or\\r\\n misappropriation\\r\\n of your login credentials.\\r\\n
\\r\\n\\r\\n
Paid Offerings\\r\\n
If there is a fee to use an Offering (a “Paid Offering”), the fee will be disclosed prior\\r\\n to\\r\\n registration and charged as outlined in an applicable order form. Paid Offerings are\\r\\n subject to a\\r\\n separate agreement with SnapCor. Except as separately agreed with you in writing,\\r\\n SnapCor may:\\r\\n
(1)\\r\\n change, suspend or discontinue any of our Offerings; and/or\\r\\n
(2) modify the prices of\\r\\n Paid Offerings\\r\\n effective prospectively upon reasonable notice to the extent allowed under the law.\\r\\n
\\r\\n\\r\\n
Notices and Messaging\\r\\n
You understand that by registering with the Offerings, you may receive regular updates,\\r\\n marketing,\\r\\n and other communications regarding new or existing SnapCor products and services. You\\r\\n agree that\\r\\n SnapCor will provide notices and messages to you in the following ways:\\r\\n
(1) within the\\r\\n Offerings, or\\r\\n
(2) sent to the contact information you provide us (e.g., email, mobile number,\\r\\n physical\\r\\n address).\\r\\n You may opt out of receiving promotional or marketing communications from us at any time\\r\\n by using\\r\\n the unsubscribe link in the email communications we send.\\r\\n
\\r\\n\\r\\n
Linking to the Offerings\\r\\n
You may provide links to the Offerings, provided:\\r\\n
(1) you do not remove or obscure, by\\r\\n framing or\\r\\n otherwise, any portion of the web pages, the Terms, or any notices on the Offerings, and\\r\\n
(2) you\\r\\n discontinue providing links to the Offerings if requested by SnapCor.\\r\\n
\\r\\n\\r\\n
\\r\\n Licenses and Restrictions\\r\\n
\\r\\n
Limited License\\r\\n
\\r\\n As an Offering user, you are granted a non-exclusive, non-transferable,\\r\\n non-sublicensable,\\r\\n revocable, limited license to access and use the Offerings per these Terms. SnapCor may\\r\\n terminate\\r\\n this license at any time for any reason. Certain Offerings require login information as\\r\\n described\\r\\n below. Notwithstanding the license in this section, certain Offerings require you to\\r\\n register to\\r\\n access and use certain of the Offerings’ features.\\r\\n
\\r\\n\\r\\n
Limitations\\r\\n
Any unauthorized use of the Offerings is prohibited. You may not use the Offerings to:\\r\\n
\\r\\n
\\r\\n - Copy, modify, reproduce, republish, distribute, display, or transmit for commercial,\\r\\n non-profit, or public purposes all or any portion of the Offerings or any\\r\\n information obtained\\r\\n from the Offerings, either directly or through a third party.\\r\\n
\\r\\n - \\r\\n Extract, decompile, reverse engineer, disassemble, or create derivative works from\\r\\n or\\r\\n competitive\\r\\n products of the Offerings.\\r\\n
\\r\\n - \\r\\n Create a false identity, misrepresent your identity, create a profile for anyone\\r\\n other than\\r\\n yourself, or use or attempt to use another’s account;\\r\\n
\\r\\n - \\r\\n Disclose information that you do not have the consent to disclose (such as\\r\\n confidential\\r\\n information of others, including your employer);\\r\\n
\\r\\n - \\r\\n Determine the Offerings’ architecture or extract data or information about usage, or\\r\\n individual\\r\\n identities of other users of the Offerings via use of any network monitoring or\\r\\n discovery\\r\\n software\\r\\n or otherwise.\\r\\n
\\r\\n - \\r\\n Override any security feature or bypass or circumvent any access controls or use\\r\\n limits of the\\r\\n Offerings;\\r\\n
\\r\\n - \\r\\n Rent, lease, loan, trade, sell/resell, or otherwise monetize the Offerings or\\r\\n related data or\\r\\n access to the same, without SnapCor’s consent;\\r\\n
\\r\\n - \\r\\n Monitor, copy, scan, review, index, mirror, ping, or validate the Offerings via\\r\\n robot, spider,\\r\\n other automatic software or device, process, approach, or methodology, manual or\\r\\n otherwise\\r\\n (methods\\r\\n such as web scraping, harvesting, data extraction, data validation, or verification\\r\\n are\\r\\n prohibited).\\r\\n
\\r\\n - \\r\\n Transmit any computer virus, worm, defect, trojan horse, or any other item of a\\r\\n destructive\\r\\n nature, or to upload any virus or malicious code.\\r\\n
\\r\\n - \\r\\n Transmit any false, misleading, fraudulent, or illegal communications, information,\\r\\n or data.\\r\\n
\\r\\n - \\r\\n Phish, spoof, commit illegal or fraudulent activity, or violate applicable laws or\\r\\n regulations.\\r\\n
\\r\\n - \\r\\n Deep-link to our Offerings for any purpose other than to promote your profile on the\\r\\n Offerings,\\r\\n without SnapCor’s consent;\\r\\n
\\r\\n - \\r\\n Use bots or other automated methods to access the Offerings, add or download\\r\\n contacts, or send\\r\\n or redirect messages;\\r\\n
\\r\\n - \\r\\n Monitor the Offerings’ availability, performance, or functionality for any\\r\\n competitive purpose;\\r\\n
\\r\\n - \\r\\n Damage, interfere, disable, or impair the operation of, or place an unreasonable\\r\\n load on, the\\r\\n Offerings (e.g., spam, denial of service attack, viruses, gaming algorithms);\\r\\n
\\r\\n - \\r\\n Violate the intellectual property rights of others, including copyrights, patents,\\r\\n trademarks,\\r\\n trade secrets, or other proprietary rights;\\r\\n
\\r\\n - \\r\\n Violate SnapCor’s intellectual property or other rights, including using the word\\r\\n “SnapCor” or\\r\\n its logos in any business name, email, or URL except as provided in the Trademark Use Guidelines;\\r\\n
\\r\\n - Imply or state that you are affiliated with or endorsed by SnapCor without SnapCor’s\\r\\n express\\r\\n consent;
\\r\\n - Access unauthorized information;
\\r\\n - Solicit information from minors or harm or threaten to harm minors;
\\r\\n - Attack, threaten violence, stalk, harass, incite, harm, or intimidate any other\\r\\n user, person, or\\r\\n organization, or engage in any other threatening behavior;
\\r\\n - Transmit, store, or post any material that is abusive, harassing, tortious,\\r\\n defamatory,\\r\\n derogatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of\\r\\n another's privacy,\\r\\n hateful, or racially, ethnically, or otherwise objectionable;
\\r\\n - Transmit any unsolicited or unauthorized advertising, promotional materials, junk\\r\\n mail, spam,\\r\\n chain letters, contests, pyramid schemes, surveys, or any other form of solicitation\\r\\n or mass\\r\\n messaging, whether commercial in nature or not; or
\\r\\n - Export or re-export the Offerings or any portion thereof in violation of any\\r\\n applicable export\\r\\n control laws and regulations.
\\r\\n
\\r\\n\\r\\n
You acknowledge that we have the right to monitor your access or use of the Offerings for\\r\\n the purpose\\r\\n of operating and improving the Offerings (including without limitation for security\\r\\n analysis, fraud\\r\\n prevention, risk assessment, troubleshooting and customer support purposes), to ensure\\r\\n your\\r\\n compliance with these Terms and to comply with applicable law or the order or\\r\\n requirement of a\\r\\n court, consent decree, administrative agency, or other governmental body.\\r\\n If SnapCor believes, in its sole discretion, that you may violate, have violated or\\r\\n attempted to\\r\\n violate any of these Terms or any policies referenced herein, your use and access to the\\r\\n Offerings\\r\\n may be limited, temporarily revoked, or permanently revoked and your Content may be\\r\\n modified or\\r\\n removed from the Offerings in SnapCor’s sole discretion without notice to you.\\r\\n
\\r\\n\\r\\n
SnapCor Intellectual Property Rights\\r\\n
Except as expressly provided in these Terms, nothing contained herein will be construed\\r\\n as conferring\\r\\n any license or right, by implication, estoppel, or otherwise, under copyright or other\\r\\n intellectual\\r\\n property rights. You agree that the Offerings are protected by copyrights, trademarks,\\r\\n service\\r\\n marks, patents, or other proprietary rights and laws. SnapCor, the SnapCor logo, and all\\r\\n other\\r\\n SnapCor trademarks, service marks, product names, and trade names of SnapCor appearing\\r\\n on or in\\r\\n conjunction with the Offerings are owned by SnapCor. SnapCor does not grant you the\\r\\n right to use or\\r\\n display any trademark, service mark, product name, trade name, or logo appearing on the\\r\\n Offerings\\r\\n without SnapCor's prior written consent.
\\r\\n\\r\\n
\\r\\n License of Your Content to SnapCor\\r\\n
\\r\\n
Certain portions of the Offerings allow you to publish (e.g., post, upload, or otherwise\\r\\n provide)\\r\\n publicly accessible content (“Public Content”). Other portions of the Offerings allow\\r\\n you to publish\\r\\n content that is only viewable by you or by your users with appropriate access\\r\\n permissions\\r\\n (“Non-Public Content”). Public Content and Non-Public Content are collectively your\\r\\n “Content” that\\r\\n you own or have the right to provide (and share), and you grant SnapCor the licenses set\\r\\n forth\\r\\n below. Except as required by law, SnapCor has no obligation to retain or provide you\\r\\n with copies of\\r\\n your Content.
\\r\\n\\r\\n
Non-Public Content\\r\\n
With respect to Non-Public Content, you hereby grant (or warrant that the owner of such\\r\\n rights has\\r\\n expressly granted) SnapCor and its subprocessors a worldwide right and license to\\r\\n access, host,\\r\\n display, process, analyze, transmit, reproduce, and otherwise utilize Non-Public Content\\r\\n for the\\r\\n purposes of providing and improving the Offerings.
\\r\\n\\r\\n
Public Content\\r\\n
With respect to Public Content, you hereby irrevocably grant (or warrant that the owner\\r\\n of such\\r\\n rights has expressly granted) SnapCor a worldwide, perpetual, non-exclusive,\\r\\n royalty-free,\\r\\n assignable, sub-licensable, transferable rights to use the Public Content for any lawful\\r\\n purpose\\r\\n without any further consent, notice, or compensation to you or others. SnapCor will own\\r\\n any\\r\\n derivative works it makes of Public Content.\\r\\n SNAPCOR MAKES NO GUARANTEE OF CONFIDENTIALITY OR PRIVACY OF ANY PUBLIC CONTENT\\r\\n TRANSMITTED TO OR\\r\\n FROM THE OFFERINGS. You acknowledge that any Public Content you post via the Offerings\\r\\n is a public\\r\\n and not private communication. Others may read and view your communications without your\\r\\n knowledge.\\r\\n Snapcor does not endorse any Public Content on the Offerings. Snapcor will not be liable\\r\\n for the\\r\\n privacy of any of your or any other third-party Public Content on the Offerings and\\r\\n specifically\\r\\n disclaims any liability resulting from such postings and communications, including any\\r\\n objectionable\\r\\n content. Please also see Snapcor's Privacy Notice. You agree that we may access, store,\\r\\n process,\\r\\n share, and use any information and Personal Data you provide in accordance with the\\r\\n Privacy Notice\\r\\n
\\r\\n\\r\\n
Usage Data\\r\\n
SnapCor may collect, use, share, and otherwise process usage information or data related\\r\\n to or\\r\\n derived from the access or use of the Offerings (“Usage Data”). Examples of Usage Data\\r\\n include\\r\\n information or data on user visits, user activity, and numbers and types of clicks or\\r\\n impressions,\\r\\n as well as statistical, functional, behavioral, or other information or data based on or\\r\\n derived\\r\\n from such access or use. Except where you have expressly provided your written consent,\\r\\n SnapCor will\\r\\n only disclose Usage Data if such data does not contain Personal Data or any Non-Public\\r\\n Data.
\\r\\n\\r\\n
Feedback and Suggestions\\r\\n
By submitting suggestions or other feedback regarding the Offerings to SnapCor, you agree\\r\\n that\\r\\n SnapCor can use and publicly share such feedback (although it does not have to) for any\\r\\n purpose\\r\\n without compensation or attribution to you. You agree that you will have no recourse\\r\\n against SnapCor\\r\\n for any alleged or actual infringement or misappropriation of any proprietary right in\\r\\n any feedback\\r\\n or suggestion you provide to SnapCor.
\\r\\n\\r\\n
Advertising\\r\\n
SnapCor has the right, without payment to you or others, to serve ads, paid content, and\\r\\n other\\r\\n information near or in association with your Content and information, and we enable\\r\\n search engines\\r\\n to make Public Content findable through their services.
\\r\\n\\r\\n
\\r\\n Copyright Notices & Complaints\\r\\n
\\r\\n
It is SnapCor's policy to respond to notices of alleged copyright infringement that\\r\\n comply with the\\r\\n Digital Millennium Copyright Act (the “DMCA”). For more information about SnapCor's DMCA\\r\\n procedures,\\r\\n please see our Copyright Notice. Your acceptance of these Terms is also your consent to\\r\\n the\\r\\n copyright practices described in our Copyright Notice. SnapCor may terminate any user's\\r\\n access to\\r\\n the Offerings if SnapCor determines that a user is a repeat infringer.
\\r\\n\\r\\n
\\r\\n Relationship of SnapCor and You\\r\\n
\\r\\n
You are an independent third party to SnapCor, and nothing in these Terms will create or\\r\\n represent\\r\\n that there is any partnership, joint venture, agency, franchise, sales relationship, or\\r\\n employment\\r\\n relationship between you and SnapCor.
\\r\\n\\r\\n
\\r\\n Errors and Corrections\\r\\n
\\r\\n
SnapCor does not represent or warrant that the Offerings will be error-free, free of\\r\\n viruses or other\\r\\n harmful components, that defects will be corrected, or that they will always be\\r\\n accessible. SnapCor\\r\\n does not warrant or represent that content or information available on or through the\\r\\n Offerings will\\r\\n be correct, accurate, timely, or otherwise reliable.
\\r\\n\\r\\n
\\r\\n Third-Party Content and Links\\r\\n
\\r\\n
\\r\\n The Offerings may host third-party content or information (“Third-Party Content”) or may\\r\\n include\\r\\n links to other websites or applications (“Third-Party Services”). SnapCor does not\\r\\n control or\\r\\n endorse any Third-Party Content or Third-Party Service. Further, information and\\r\\n opinions provided\\r\\n by SnapCor employees and agents of SnapCor in interactive areas of the Offerings are not\\r\\n necessarily\\r\\n endorsed by SnapCor and do not necessarily represent the beliefs and opinions of\\r\\n SnapCor.\\r\\n You agree that SnapCor is not responsible for the availability, accuracy, or content of\\r\\n any\\r\\n Third-Party Content or Third-Party Service. Your use of and reliance on any Third-Party\\r\\n Content or\\r\\n Third-Party Service is at your own risk. Some of the services made available through the\\r\\n Offerings\\r\\n and Third-Party Services may be subject to additional third-party terms of service,\\r\\n privacy\\r\\n policies, licensing terms and disclosures, and other terms, conditions, and policies. It\\r\\n is your\\r\\n responsibility to familiarize yourself with any such applicable third-party terms.\\r\\n SnapCor is not\\r\\n responsible for, and makes no representations or warranties about (a) any Third-Party\\r\\n Content or\\r\\n Third-Party Services or your use thereof, or (b) any third-party terms or your\\r\\n compliance with them.\\r\\n SnapCor reserves the right to disable any link or remove any Third-Party Content and/or\\r\\n Third-Party\\r\\n Service at any time in its sole discretion.\\r\\n Third-Party Content includes but is not limited to, various links hosted by NYC.gov,\\r\\n which are made\\r\\n available through some of the Offerings and is subject to NYC.gov Additional Terms of\\r\\n Service and\\r\\n the NYC.gov Privacy Policy.\\r\\n SnapCor may help connect registered users offering their services with users seeking\\r\\n services.\\r\\n SnapCor does not perform or employ individuals to perform these services. You must be at\\r\\n least 18\\r\\n years of age to offer, perform, or procure these services. You acknowledge that SnapCor\\r\\n does not\\r\\n supervise, direct, control, or monitor users in the performance of these services and\\r\\n agree that:\\r\\n
\\r\\n (1) SnapCor is not responsible for the offering, performance, or procurement of these\\r\\n services,\\r\\n
\\r\\n (2)\\r\\n SnapCor does not endorse any particular user’s offered services, and\\r\\n
\\r\\n (3) nothing will create an\\r\\n employment, agency, or joint venture relationship between SnapCor and any user offering\\r\\n services.\\r\\n
\\r\\n\\r\\n
\\r\\n Disclaimer\\r\\n
\\r\\n
\\r\\n THE OFFERINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. SNAPCOR EXPRESSLY\\r\\n DISCLAIMS ALL\\r\\n WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR\\r\\n PURPOSE, AND\\r\\n NON-INFRINGEMENT. SNAPCOR DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM,\\r\\n LIABILITY, OR\\r\\n DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO:\\r\\n
\\r\\n (1) ANY ERRORS IN OR\\r\\n OMISSIONS FROM THE OFFERINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND\\r\\n TYPOGRAPHICAL\\r\\n ERRORS,\\r\\n
(2) THIRD-PARTY COMMUNICATIONS,\\r\\n
(3) ANY THIRD-PARTY SERVICES, WEBSITES, OR THIRD-PARTY\\r\\n CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE OFFERINGS,\\r\\n INCLUDING, BUT NOT\\r\\n LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM,\\r\\n
(4) THE UNAVAILABILITY OF THE OFFERINGS,\\r\\n
(5) YOUR\\r\\n USE OF THE OFFERINGS, OR\\r\\n
(6) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE OFFERINGS.\\r\\n
\\r\\n\\r\\n
\\r\\n Limitation of Liability\\r\\n
\\r\\n
\\r\\n TO THE FULLEST EXTENT OF THE LAW (AND UNLESS SNAPCOR HAS ENTERED INTO A SEPARATE WRITTEN\\r\\n AGREEMENT\\r\\n THAT OVERRIDES THESE TERMS), SNAPCOR WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM,\\r\\n LIABILITY, OR\\r\\n DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE OFFERINGS, ANY FACTS, CONTENT, OR\\r\\n OPINIONS\\r\\n APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD-PARTY CONTENT OR THIRD-PARTY\\r\\n SERVICE.\\r\\n SNAPCOR WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR\\r\\n CONSEQUENTIAL\\r\\n DAMAGES, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, OR\\r\\n REPUTATIONAL\\r\\n DAMAGES (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS) OF ANY KIND WHATSOEVER (INCLUDING,\\r\\n WITHOUT\\r\\n LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION\\r\\n WITH THESE\\r\\n TERMS, THE USE OF OR INABILITY TO USE THE OFFERINGS, THE INTERACTIVE AREAS, OR ANY\\r\\n THIRD-PARTY\\r\\n CONTENT OR THIRD-PARTY SERVICE.\\r\\n
\\r\\n\\r\\n
\\r\\n Indemnification\\r\\n
\\r\\n
\\r\\n You agree to indemnify, defend, and hold SnapCor, and its affiliates, officers,\\r\\n directors,\\r\\n employees, agents, licensors, and suppliers harmless from and against all claims,\\r\\n losses, expenses,\\r\\n damages, and costs, including reasonable attorneys' fees, arising out of or relating to:\\r\\n
\\r\\n (1) your\\r\\n access to or use of the Offerings, including your Content,\\r\\n
\\r\\n (2) your violation of these Terms,\\r\\n
\\r\\n (3)\\r\\n your breach of your representations and warranties provided under these Terms,\\r\\n
\\r\\n (4) your products or\\r\\n services, or the marketing or provision thereof to end users, or\\r\\n
\\r\\n (5) the infringement by you, or any\\r\\n third party using your account, of any intellectual property or other right of any\\r\\n person or entity.\\r\\n SnapCor reserves the right, at your expense, to assume the exclusive defense and control\\r\\n of any\\r\\n matter for which you are required to indemnify us and you agree to cooperate with our\\r\\n defense of\\r\\n these claims. You agree not to settle any such matter without the prior written consent\\r\\n of SnapCor.\\r\\n
\\r\\n\\r\\n
\\r\\n Governing Law\\r\\n
\\r\\n
These Terms are to be governed by and construed in accordance with the internal laws of\\r\\n the State of\\r\\n New Jersey, without regard for principles of conflicts of laws. Subject to the Dispute\\r\\n Resolution\\r\\n section below, Excluded Disputes and Disputes (defined below) that cannot be arbitrated\\r\\n must be\\r\\n brought exclusively in the state and federal courts sitting in New Jersey.
\\r\\n\\r\\n
\\r\\n Dispute Resolution\\r\\n
\\r\\n
\\r\\n PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT\\r\\n TO FILE A\\r\\n LAWSUIT IN COURT.\\r\\n
\\r\\n Informal Negotiations. The parties will first attempt in good faith to promptly resolve\\r\\n any disputes\\r\\n arising out of or relating to these Terms (or the breach, termination, enforcement,\\r\\n interpretation,\\r\\n or validity thereof) (each a “Dispute”) by negotiation between representatives of each\\r\\n party with\\r\\n the authority to resolve such Dispute informally for at least thirty (30) days before\\r\\n initiating any\\r\\n arbitration. Informal negotiations begin upon written notice from one party to the\\r\\n other. You will\\r\\n send notice to Snapcor, Inc., 146 West 29th Street, New York, NY 10001, Attention: Chief\\r\\n Legal\\r\\n Officer. SnapCor will send notice to you at your address in our records or by email to\\r\\n the email\\r\\n address provided by you in connection with your use of the Offerings.\\r\\n
\\r\\n
\\r\\n Binding Arbitration. If the parties are unsuccessful in resolving the Dispute through\\r\\n informal\\r\\n negotiations, such Dispute will be submitted to final and binding arbitration.\\r\\n Arbitration will be\\r\\n conducted in English and administered as follows:\\r\\n
\\r\\n (i) if in the U.S., by the American Arbitration\\r\\n Association (AAA) under its rules or\\r\\n
\\r\\n (ii) if outside the U.S., by the International Centre for\\r\\n Dispute Resolution (ICDR) in accordance with the International Arbitration Rules then in\\r\\n effect. For\\r\\n more information, see www.adr.org. Except as required by law, neither party nor its\\r\\n representatives\\r\\n may disclose the existence, content, or results of any arbitration without the other\\r\\n party’s prior\\r\\n written consent.\\r\\n
\\r\\n
\\r\\n The arbitrator is not empowered to award damages in excess of compensatory damages, and\\r\\n each party\\r\\n hereby irrevocably waives any right to recover such damages with respect to any Dispute\\r\\n resolved by\\r\\n arbitration. The decision of the arbitrator will be in accordance with these Terms and\\r\\n will be\\r\\n binding upon the parties. Each party hereby waives any right it may otherwise have under\\r\\n the laws of\\r\\n any jurisdiction to any form of appeal. Judgment upon the award rendered may be entered\\r\\n in and\\r\\n enforced by any court of competent jurisdiction having jurisdiction over both parties.\\r\\n The\\r\\n arbitrator rules on his or her own jurisdiction, including the arbitrability of any\\r\\n claim; however,\\r\\n a court has exclusive authority to enforce the prohibition on arbitration on a\\r\\n class-wide basis or\\r\\n in a representative capacity. These Terms govern if there is a conflict with the AAA or\\r\\n the ICDR\\r\\n rules as applicable.\\r\\n
\\r\\n
\\r\\n Excluded Disputes. Notwithstanding the foregoing, neither party is required to arbitrate\\r\\n claims:\\r\\n
\\r\\n (1)\\r\\n where all named parties seek monetary relief which, in the aggregate, qualifies as a\\r\\n claim that\\r\\n meets the requirements of an applicable small claims court;\\r\\n
\\r\\n (2) seeking injunctive relief; or\\r\\n
\\r\\n (3)\\r\\n seeking to enforce or protect, or concerning the validity of, any of your or SnapCor’s\\r\\n intellectual\\r\\n property rights. However, if a small claim is transferred, removed, or appealed to a\\r\\n different\\r\\n court, either party may require that the claim be submitted to final binding\\r\\n arbitration.\\r\\n
\\r\\n
\\r\\n Restrictions/No Class Actions. THE PARTIES AGREE THAT ANY CLAIM BROUGHT IN CONNECTION\\r\\n WITH A\\r\\n DISPUTE, WHETHER RESOLVED THROUGH ARBITRATION OR OTHERWISE, WILL TAKE PLACE ON AN\\r\\n INDIVIDUAL BASIS.\\r\\n THE PARTIES WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE\\r\\n ACTION OR\\r\\n ARBITRATION, AND THE RIGHT TO A TRIAL BY JURY. UNLESS BOTH YOU AND SNAPCOR AGREE\\r\\n OTHERWISE, THE\\r\\n ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE\\r\\n SIMILARLY\\r\\n SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS\\r\\n PROCEEDING.\\r\\n Severability. If the Restrictions/No Class Actions section is found to be illegal or\\r\\n unenforceable\\r\\n as to all or some parts of a dispute, then those parts will not be arbitrated but will\\r\\n be resolved\\r\\n in a court of competent jurisdiction, with the balance resolved through arbitration.\\r\\n If any provision of this Dispute Resolution section is found to be illegal or\\r\\n unenforceable, then\\r\\n that provision will be severed; however, the remaining provisions will still apply and\\r\\n shall be\\r\\n interpreted to as nearly as possible achieve the original intent, inclusive of the\\r\\n severed\\r\\n provision.\\r\\n
\\r\\n
\\r\\n Survival. This Dispute Resolution section will survive any termination of these Terms or\\r\\n your use of\\r\\n the Offerings.\\r\\n\\r\\n
\\r\\n\\r\\n
\\r\\n Termination\\r\\n
\\r\\n
You or SnapCor may terminate these Terms at any time with notice to the other. On\\r\\n termination, you\\r\\n lose the right to access or use the Offerings. The following will survive termination:\\r\\n Registration\\r\\n and Your Account, License of your Content to SnapCor, Feedback and Suggestions, Use\\r\\n Limitation,\\r\\n Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and the\\r\\n General\\r\\n sections of these Terms, and any other terms that would naturally survive by their\\r\\n nature. Any\\r\\n amounts owed by either party prior to termination remain owed after termination. SnapCor\\r\\n will have\\r\\n no liability or responsibility to any user related to or arising out of any termination\\r\\n of access to\\r\\n the Offerings.\\r\\n
\\r\\n\\r\\n
\\r\\n General\\r\\n
\\r\\n
\\r\\n These Terms incorporate by reference any notices contained on this website, the Privacy Notice, the\\r\\n Copyright Notice, and any other referenced policies, and constitute the entire agreement\\r\\n with\\r\\n respect to access to and use of the Offerings (unless you and SnapCor have entered a\\r\\n separate\\r\\n agreement that explicitly overrides these Terms). If there is a conflict among the terms\\r\\n of the\\r\\n foregoing notice or policies, these Terms prevail. If any provision of these Terms is\\r\\n unlawful,\\r\\n void, or unenforceable, then that provision will be deemed severable from the remaining\\r\\n provisions\\r\\n and will not affect their validity and enforceability. If SnapCor does not act to\\r\\n enforce a breach\\r\\n of these Terms, that does not mean SnapCor has waived its right to enforce these Terms.\\r\\n
\\r\\n\\r\\n
\\r\\n Privacy\\r\\n
\\r\\n
\\r\\n You may not assign or transfer these Terms or any of your rights or obligations (or your\\r\\n membership\\r\\n or use of Offerings) to anyone without SnapCor’s consent. SnapCor may assign these Terms\\r\\n to its\\r\\n affiliates or a party that buys SnapCor without your consent. There are no third-party\\r\\n beneficiaries\\r\\n to these Terms.\\r\\n
\\r\\n\\r\\n
\\r\\n Choice of Language\\r\\n
\\r\\n
\\r\\n We may translate these Terms into other languages for your convenience. Nevertheless,\\r\\n the English\\r\\n version governs your relationship with SnapCor, and any inconsistencies among the\\r\\n different versions\\r\\n will be resolved in favor of the English version.\\r\\n
\\r\\n\\r\\n
\\r\\n Modifications to Terms\\r\\n
\\r\\n
SnapCor may, in its sole discretion, modify or revise these Terms, including without\\r\\n limitation\\r\\n SnapCor's Privacy Notice and any referenced policies, at any time by posting the amended\\r\\n terms on\\r\\n the Offerings or otherwise linking to them in the Offerings. SnapCor additionally may\\r\\n either:\\r\\n
(1)\\r\\n notify you via the contact information associated with your account if you have\\r\\n registered with the\\r\\n Offerings (you must ensure that SnapCor's email is not filtered from your Inbox by your\\r\\n ISP or email\\r\\n software), or\\r\\n
(2) post the date of the update on the Terms, Privacy Notice, or other\\r\\n applicable\\r\\n policies. You agree that your use of the Offerings after the date on which the Terms\\r\\n changed will\\r\\n constitute your acceptance of the updated Terms, and that you agree to be bound by such\\r\\n modifications or revisions.\\r\\n
\\r\\n\\r\\n
\\r\\n Copyright Notice\\r\\n
\\r\\n
Reporting Claims of Copyright Infringement\\r\\n
SnapCor takes claims of copyright infringement seriously. We will respond to notices of\\r\\n alleged\\r\\n copyright infringement that comply with applicable law. If you believe any materials\\r\\n accessible on\\r\\n or from the Offerings infringe your copyright, you may request removal of those\\r\\n materials (or access\\r\\n to them) from the Offerings by submitting written notification to our Copyright Agent\\r\\n (designated\\r\\n below). In accordance with the Online Copyright Infringement Liability Limitation Act of\\r\\n the Digital\\r\\n Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA\\r\\n Notice”) must\\r\\n include substantially the following:
\\r\\n
\\r\\n - \\r\\n Your physical or electronic signature\\r\\n
\\r\\n - \\r\\n Identification of the copyrighted work you believe has been infringed or, if the\\r\\n claim\\r\\n involves multiple works on the Offerings, a representative list of such works\\r\\n
\\r\\n - \\r\\n Identification of the material you believe to be infringing, in a sufficiently\\r\\n precise manner\\r\\n to allow us to locate that material\\r\\n
\\r\\n - Adequate information to allow us to contact you (including your name, postal\\r\\n address,\\r\\n telephone number, and, if available, email address)
\\r\\n - \\r\\n A statement that you have a good-faith belief that use of the copyrighted material\\r\\n is not\\r\\n authorized by the copyright owner, its agent, or the law\\r\\n
\\r\\n - \\r\\n A statement that the information in the written notice is accurate\\r\\n
\\r\\n - \\r\\n A statement, under penalty of perjury, that you are authorized to act on behalf of\\r\\n the\\r\\n copyright owner\\r\\n
\\r\\n
\\r\\n\\r\\n
DMCA Notices may be sent to our designated Copyright Agent at:
\\r\\n
\\r\\n Copyright Agent
\\r\\n SnapCor, Inc.
\\r\\n 146 West 29th Street
\\r\\n New York, NY 10001 USA
\\r\\n info@snapcor.com\\r\\n
\\r\\n\\r\\n
\\r\\n If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your\\r\\n DMCA Notice\\r\\n may not be effective.\\r\\n Please be aware that if you knowingly materially misrepresent that material or activity\\r\\n on the\\r\\n Offerings is infringing your copyright, you may be held liable for damages (including\\r\\n costs and\\r\\n attorneys' fees) under Section 512(f) of the DMCA.\\r\\n
\\r\\n\\r\\n
Counter-Notice\\r\\n
\\r\\n If you believe that a notice of copyright infringement has been improperly submitted\\r\\n against you,\\r\\n you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital\\r\\n Millennium\\r\\n Copyright Act. You may provide a written communication which contains:\\r\\n
\\r\\n
\\r\\n - Your physical or electronic signature;\\r\\n
\\r\\n - Identification of the material removed or to which access has been disabled;
\\r\\n - A statement under penalty of perjury that you have a good-faith belief that removal\\r\\n or\\r\\n disablement of the material was a mistake or that the material was misidentified;\\r\\n and
\\r\\n - Your full name, your email address, your mailing address, and a statement that you\\r\\n consent to\\r\\n the jurisdiction of the Federal District court (1) in the judicial district where\\r\\n your address\\r\\n is located if the address is in the United States, or (2) located in the Central\\r\\n District of\\r\\n California (Los Angeles County) if your address is located outside the United\\r\\n States, and that\\r\\n you will accept service of process from the complainant submitting the notice or\\r\\n their\\r\\n authorized agent.
\\r\\n
\\r\\n
Please submit your Counter-Notice to SnapCor’s Copyright Agent at the address specified\\r\\n above.
\\r\\n\\r\\n
Repeat Infringers \\r\\n
In appropriate circumstances, SnapCor will disable and/or terminate the accounts of users\\r\\n who are\\r\\n repeat infringers.
\\r\\n
\\r\\n
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