Last Update: August 2022Snap-Me
Terms & Conditions of Service
Welcome, to our Community Guidelines
The following terms and conditions (these “Terms of Service”), govern your access to and use of the website, including any content, functionality and services offered on or through snap-me.com (the “Site”), by SnapMe Ou Ltd. as applicable.
**In accepting these Terms & Conditions of Service offered by SnapMe Ou Estonia and its affiliated websites, all users accept these terms of service at the users own risk.
This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. In the case of minors aged less than 18 years of age, minors must be accommodated and have the full consent of their legal parents/guardians where applicable. If you do not meet all of these requirements, you must not access or use the Site. We strongly suggest you have a legal guardian/adult relative supervising your online activities while on our site guardians/adult relatives must on behalf of the minor agree to our terms of service on your behalf and sign all required legal contracts as required for usage of this entire website and affiliated websites linked to snap-me.com.
**All usage, correspondence, interactions and subscriptions agreed upon on any of the Snap-Me.com and affiliated websites are done so entirely at the users own risk and SnapMe Ou is not accountable for any loss or damages undertaken by any of its users.
Our Customer Support team is available if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
Buyers are users who purchase services.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Disputes are disagreements experienced during an order between a Buyer and Seller.
Site Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.
Credits are credits that we may provide users to be used only for purchases on our website, subject to these Terms of Service or any other applicable laws and/or terms.
Job Extras are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.
Job Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $10.
Listing Page is where the Seller can describe their Job Package Offer and the Package’s terms, and the Buyer can purchase the Job Package and create an order.
Jobs are services offered on website.
Job Package is a combined Job Offer, offered on the website.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Job.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Profile Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the platform, including with respect to collection of funds from Buyers in connection with the purchase of any Job or Package, remittance and withdrawal of funds to Sellers in connection with completed Jobs, and the holding of funds in connection with Site Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase Jobs, subject to these Terms.
Sellers are users who offer and perform services through Jobs.
Acceptance of Terms
- Introduction to Terms
The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the SnapMe’s Marketplace Admin Service (“Service”).
If you are signing up for the Service on behalf of your employer or company, your employer or company shall be the Account Owner. If you are signing up for the Service on behalf of your employer or company, then You represent and warrant that You have the authority to bind your employer or company to our Terms of Service.
The Terms of Service shall be governed by and interpreted in accordance with the laws of Estonia EU. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Estonia with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
If any provision of this Terms of Service is held unenforceable, then such provision will be modified to reflect the parties’ intention, and the remaining provisions of the Terms of Service will remain in full force and effect.
A violation or breach of any item in the Terms of Service will result in an immediate termination of the Service at the sole discretion of Snap-Me. However, Snap-Me is not obligated to terminate the Service should any term be violated or breached.
Nothing in this agreement shall be construed as creating a partnership, agency, joint venture or any legal entity between Snap-Me and you. Snap-Me is not acting as your representative or agent with respect to the Service. The relationship between SnapMe and you is one of independent contractors.
- Registering and Maintaining Your Account
To access and use Snap-Me’s Service, you must register for an Snap-Me account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Snap-Me may reject your application for an account, or cancel an existing account, for any reason, in our sole discretion.
You will ensure that all information you provide to us via the Snap-Me Marketplace Admin Portal (for instance, information provided in connection with your registration for the Services, requests for increased package or usage limits, etc.) is accurate, complete and not misleading.
In the course of using your Snap-Me Services, you may like to enable the acceptance of Credit or Debit Cards, in such instances, you shall only use payment gateways that support the direct submission of Cardholder Data from the customer’s browser to the payment gateway via a direct http POST, hosted fields or embedded iFrame methods. You may not develop any Modifications to the Software or Services to interface or process Cardholder Data of any kind. You agree to defend, indemnify, and hold harmless Snap-Me, its Affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any losses or damages arising out of or relating to any claim concerning Your breach of this Section. The foregoing obligation shall be governed by the indemnification procedures under Section 5 of the agreement. “Cardholder Data” means “cardholder name, expiration date and/or service code See Sensitive Authentication Data for additional data elements that may be transmitted or processed (but not stored) as part of a payment transaction.”
In the course of using Snap-Me Services, you may like to also accept other form of payment types on your marketplace (Eg. Direct Debit, Bank Transfer, Cash on Delivery is NOT APPROVED or ENCOURAGED). You are solely responsible for protecting all information provided to you (as admin) by anyone using your marketplace. You agree to defend, indemnify, and hold harmless Snap-Me, its Affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any losses or damages arising out of or relating to any claim concerning. Your breach of this Section.
You acknowledge that Snap-Me will use the email address you provide as the primary method for communication. All banking details given will be used for payment methods. All personal data will be fully deleted if requested by the seller on closing their account/profile with Snap-Me.com. Request account de-activation and deletion with subject: De-activate my account at firstname.lastname@example.org / here.
You are responsible for keeping your password secure. Snap-Me cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. If you become aware of any unauthorized use of your account or password, you agree to notify Snap-Me immediately and make the required changes to change and update your password.
You agree not to access (or attempt to access) the administrative interface of the Snap-Me Services by any means other than through the interface that is provided by Snap-Me in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with Snap-Me.
You may use the Snap-Me Services to run your marketplace profile on the Snap-Me infrastructure. You may not use the Snap-Me Service for the purpose of bringing an intellectual property infringement claim against Snap-Me or for the purpose of creating a product or service competitive with the Service.
In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, etc. If the dispute continues to stand, Snap-Me reserves the right to discontinue the disputed account and all parts thereof on the current periods final payment or before.
Snap-Me retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Snap-Me reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
- General Conditions
The Account Owner shall provide Snap-Me with accurate, current and complete information on the account Owner’s legal name, address, email address and phone number and maintain and promptly update this information if it should change.
Customer shall comply with the export and import laws and regulations of the Republic of Estonia EU and other applicable jurisdictions in using the Service and obtain any permits, licenses and authorizations required for such compliance. Without limiting the foregoing, You may not use the Snap-Me service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the Republic of Estonia EU. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Snap-Me.
Your use of the Services shall not include service bureau use, outsourcing, renting, reselling, sublicensing of a single User login, or time-sharing of the Service.
Except as expressly authorized in the Terms of Service, You shall not and shall not permit any third party to: (a) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code or modify the Services in any manner or form; (b) access or use the Services to circumvent or exceed Your Account limitations or requirements; (c) use Snap-Me’s Services for the purpose of building a similar or competitive product or service, (d) obtain unauthorized access to Snap-Me’s Services (including without limitation permitting access to or use of the Services via another system or tool, the primary effect of which is to enable input of requests or transactions by other than authorized Users); (e) use the Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights; (f) publish, post, upload or otherwise transmit Customer Content that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; or (g) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Services with the exception of tools necessary to validate the performance or security of the Customer’s Site(s). Customer shall comply with all applicable local and foreign laws, treaties, regulations, and conventions in connection with its use of the Service, including without limitation those related to privacy, electronic communications, personal data-protection laws and anti-spam legislation.
You agree and acknowledge that Snap-Me and the Service will not be used to host other third party software applications that are not directly dependent on or is required to interact with the Software.
- SnapMe Rights
You hereby grant Snap-Me a non-exclusive, worldwide, irrevocable, perpetual, royalty-free right and license to use all Account Owner data that Snap-Me may obtain through (a) accessing the Marketplace, (b) providing the Service, (c) access to data from third parties regarding Account Owner’s use of Third Party Applications or Third Party Web Services or other Third-Party Content (including analytics data and any unique account identifiers) for the purposes of (i) providing Support Services and other services to the Account Owner; (ii) improving the Snap-Me Software and the Services; (iii) performing analyses related to the Snap-Me Software and the Account Owner’s use of the Snap-Me Software and the Services. The foregoing license includes the right for Snap-Me to develop and publish or otherwise make available broadly applicable insights regarding aggregated data but only when the data has been aggregated or de-identified so that such insights cannot reasonably be used to identify End-Users or the Account Owner.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Snap-Me or Snap-Me trademarks and/or variations and misspellings thereof.
Snap-Me does not pre-screen all Marketplace Content and it is in our sole discretion to refuse or remove any Marketplace Content that is available via the Service. We may, but have no obligation to, remove Marketplace Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, goes against generally accepted public views or otherwise objectionable or violates any party’s intellectual property or these Terms of Service (Snap-Me community guidelines).
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Snap-Me customer, Snap-Me employee, member, or officer will result in immediate Account termination. Snap-Me reserves the right to seek legal advice and action at any time after such an event has occurred.
We reserve the right to provide the Service to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Snap-Me employees and contractors may also be Snap-Me customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
The failure of Snap-Me to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Snap-Me and govern your use of the Service, superseding any prior agreements between you and Snap-Me (including, but not limited to, any prior versions of the Terms of Service).
***We Snap-Me reserve the right to refuse service to anyone for any reason at any time and we reserve the right to modify or terminate the Service for any reason, without notice at any time.
- Limitation of Liability
The Account Owner is responsible for all activities conducted under its End User logins and for its End Users’ compliance with this Agreement. Your use of the Service shall not include service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single Account login, or time-sharing of the Service. Except as expressly authorized by Snap-Me, you shall not and shall not permit any third party to: (a) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code or modify Snap-Me’s Services in any manner or form; (b) access or use Snap-Me’s Services to circumvent or exceed Service limitations or requirements; (c) use Snap-Me’s Services for the purpose of building a similar or competitive product or service, (d) obtain unauthorized access to the Services (including without limitation permitting access to or use of the Services via another system or tool, the primary effect of which is to enable input of requests or transactions by other than authorized End Users); (e) use Snap-Me’s Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights; (f) publish, post, upload or otherwise transmit Customer Content that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; or (g) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Services with the exception of tools necessary to validate the performance or security of the Your Marketplace.
You agree that under no circumstances shall Snap-Me, its affiliates, subsidiaries, directors, officers and employees (collectively “Indemnified Person(s)”) be liable for any direct, indirect, incidental, special, consequential, exemplary or other losses or damages whatsoever, including, without limitation losses or damages that result from any transaction involving SnapMe’s Services or any resulting contractual relationship between yourself and a seller or purchaser or any third party. These limitations shall apply even if SnapMe has been advised of the possibility of such losses or damages, and Snap-Me’s aggregate liability under this agreement for any claim is limited to the aggregate amount paid by you as monthly fees for the service during preceding three month period.
- Marketplace Content
You will provide information on other materials related to your Content (including copies of any client-side applications) as reasonably requested by us to verify your compliance with the Terms. We may access and monitor your Content to verify your compliance with the Agreement. You will not block or interfere with our monitoring. You will reasonably cooperate with us to identify the source of any problem with Snap-Me’s Services that we reasonably believe may be attributable to your Content or Modifications, or any End User materials that you control.
You retain ownership of the overall Marketplace Content that you upload to Snap-Me Services. We SnapMe do not claim any intellectual property rights over the Content you provide to the Snap-Me service. You can remove your Snap-Me Marketplace at any time by deleting your account with us, subject to section 14 on the Termination of Service. You are responsible for protecting your intellectual property rights, as appropriate.
By uploading Content on your Snap-Me Marketplace Profile, you agree: (a) to allow other internet users to view the Marketplace Profile Content; (b) to allow Snap-Me to display and store the Content from your Marketplace Profile on other social media portals for further advertising; and (c) that Snap-Me can, at any time, review all the Content submitted by you to our Service. You are responsible for compliance of the Content on your Marketplace Profile with any applicable laws or regulations internationally.
We will not disclose your confidential information to third parties, except as required in the course of providing our services or for internal reporting purposes. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
You agree that You are solely responsible for the accuracy, completeness, and timeliness of Your Marketplace Content, and the Content of the Site(s) and for any decision made or action taken by You, any End User, or any Third Party in reliance upon any Content on your Marketplace Profile. You agree and acknowledge that Snap-Me’s sole obligation in this regard is to accurately reproduce such Content on Your instruction as provided in this Agreement.
You are responsible for all activity and content such as data, graphics, photos, videos and links that is uploaded under your Snap-Me Account. You must not transmit any worms or viruses or any code of a destructive nature.
You acknowledge and understand that, notwithstanding the Location designations specified by Customer, the Content on your Marketplace could be hosted, transferred or stored outside Estonia through Third-Party Applications or Third-Party Web Services. It is the Customer’s/User’s responsibility to negotiate any cross-border data transfer restrictions with such third parties.
You may choose to or we may invite you to submit Comments or Ideas about the Snap-Me Services, including without limitation about how to improve the Snap-Me Services or our products (“Ideas”). By submitting any Comment or Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Snap-Me under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
- End Users of Marketplaces
The Account Owner is responsible for all activities conducted under its End User (Buyers and Seller accounts on their marketplace) logins and for its End Users’ compliance with this Agreement.
You agree that you are solely responsible (Snap-Me has no responsibility to you or to any third party) for the marketplace or any content that you create, transmit or display while using the Snap-Me Marketplace Services and for the consequences of your actions (including any loss or damage which Snap-Me may suffer) by doing so.
***In the event that You become aware of any violation of the Acceptable Use Policy by an End User of Your Marketplace, you shall immediately terminate such End user’s account on your marketplace. Snap-Me reserves the right to disable Marketplace Profiles in response to a violation or suspected violation of the Acceptable Use Policy, as per Snap-Me community guidelines.
You agree that Snap-Me has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Marketplaces and any Content. Snap-Me’s responsibility is limited with supplying the necessary software and customer service for you to back up your data.
- Other Content
Snap-Me’s services may include Google Ads/Google Graphic Display Network, hyperlinks to other web sites or content or resources or email content, Social Media ads (eg. Facebook Network Display). Snap-Me may have no control over any web sites or resources which are provided by companies or persons other than Snap-Me.
You acknowledge and agree that Snap-Me is not responsible for the availability of any such external sites or resources and does not endorse any advertising, products or other materials on or available from such web sites or resources.
***You acknowledge and agree that Snap-Me is not liable for any loss or damage incurred by you or your Customers as a result of the availability or lack thereof of those external sites or resources, or as a result of any dependence placed on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- Patches and Updates
From time to time, we may apply upgrades, patches, bug fixes or other maintenance to the Services (“Maintenance”) and you agree to use reasonable efforts to comply with any Maintenance requirements that we notify you about. Notice of such disruptions may/may not be given to Marketplace Users.
- Site Upkeep
Based on the observed load on the Production Instance, Snap-Me will take reasonable action to maintain the performance of Marketplaces. You agree that Snap-Me can unilaterally decide to increase the server capacity beyond the Baseline Server Configuration. Snap-Me will make reasonable efforts to contact You when server capacity increases are required and inform you if extra charges is required for the increase.
You will maintain and implement commercially reasonable information and data security guidelines for maintaining security controls as it relates to the Customer Information. At a minimum, your information security guidelines shall include (i) a requirement that Customer shall comply, in all material respects, with applicable Laws, (ii) a plan to assess and manage system failures, (iii) a regular assessment of data security risks, with adjustments made to the data security program to reduce such risks, and (iv) notice and incident response procedures. Customer agrees that Snap-Me shall have Access to the Customer’s Account for the purposes of ensuring that Customer has met its security obligations and for monitoring Customer’s compliance with the terms of the Agreement.
- Payments: Fees and Subscription
You acknowledge that PayPal and or/ Stripe will be used by as payments gateway(s) or any financial portal as required to receive or pay fees for the utilization of Snap-Me Services. It is your sole responsibility as the Account Owner to activate and maintain these accounts. If you wish to unlink either accounts, it is your responsibility to inform Snap-Me. For the avoidance of doubt, PayPal and Stripe are Third Party Services, as defined in Section 12 of the Terms of Service.
You will pay the Fees applicable to your subscription to Snap-Me’s Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as POS Equipment, shipping, apps, themes, web hosting, domain names or Third Party Services (“Additional Fees”) were available and applicable. Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.
You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. Snap-Me will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and Snap-Me will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency unless otherwise agreed upon.
Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”) from date of subscribing. Transaction Fees and Additional Fees will be charged from time to time at Snap-Me’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will be charged directly from the Account Owner’s Stripe or PayPal account. You agree and acknowledge that Snap-Me has the right to terminate its Services to You should the fee be deemed uncollectible, due to but not limited to a Stripe or PayPal account being unlinked, a Stripe or PayPal account being deactivated or otherwise impaired. In the event of a termination as a result of the above, Snap-Me is not obligated to transfer any pre-existing data collected within the Snap-Me Services back to You.
All Fees are exclusive of applicable local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
Snap-Me reserves the right to make unilateral changes to the Fees charged at any time, without reason or cause required. In such an event, Snap-Me may inform you at least 30 days in advance of any such changes by posting the changes to the SnapMe Site (snap-me.com) or the administration menu of your SnapMe Marketplace Profile via an announcement/message. If there exist a contract between You and Snap-Me for a fixed term period at a previously agreed Fee structure, You will not be impacted by the Fee changes until the end of the period unless otherwise agreed separately with You.
You understand that Your Marketplace Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- Third Party Services
In addition to these Terms of Service, you also agree to be bound by the additional terms applicable to the Services you purchase from, or that are provided by, Snap-Me’s Partners or other Third Parties that is used by Snap-Me.
Snap-Me may, in the course of providing or promoting our Services, recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”). Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or SnapMe’s website is entirely at Your own risk and discretion, and it is Your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
Snap-Me does not provide any warranties with respect to Third Party Services. You acknowledge that SnapMe has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Snap-Me’s websites, including the Snap-Me App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with SnapMe.
You agree that if you install or enable a Third Party Service for use with Snap-Me’s Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Snap-Me is not responsible for any disclosure, modification or deletion of your data or Marketplace Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Marketplace Content.
Google Maps for instance is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
Under no circumstances shall Snap-Me, its affiliates, subsidiaries, directors, officers and employees (collectively “Indemnified Person(s)”) be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Snap-Me Expert Partner. These limitations shall apply even if Snap-Me has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Snap-Me partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
- SnapMe Expert Partners
Snap-Me Expert Partners (Freelancers) is an online directory of independent third parties (“Experts”) that can help you build and operate your Snap-Me Marketplace. Snap-Me does not employ Experts and is in no way affiliated with Experts.
Snap-Me does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of Snap-Me and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
Under no circumstances shall Snap-Me, its affiliates, subsidiaries, directors, officers and employees (collectively “Indemnified Person(s)”) be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and Snap-Me Expert Partners. These limitations shall apply even if Snap-Me has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
The Enterprise Customer Terms of Service and Snap-Me Terms of Service constitute separate written agreements. The Enterprise Customer Terms of Service apply to components of the Snap-Me Services released under Snap-Me or its partners API Platform which includes usage of Snap-Me’s APIs both in the Sandbox and Live environment (API Services). To the limited extent that the Enterprise Customer Terms of Service expressly supersede these Terms, the Enterprise Customer Terms of Service govern your agreement with Snap-Me or its service partners for the use of the components of the Snap-Me Services released under the API Services.
You must comply with the current technical documentation applicable to Snap-Me’s partners Services (including the applicable Enterprise Customer Terms of Service) as posted by Snap-Me from time to time on the Snap-Me Website. Additionally, if you create technology that works with our Service, you all agree that all such technology is subjected to the Agreement and you must comply with the current technical documentation applicable to that Service (including the applicable SnapMe Expert Partner Terms of Service) as posted by Snap-Me or one of its used partner services.
You agree that you shall not:
- Violate the rights of Snap-Me or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
15. Infringement Claims / DMCA Notices
If you believe that any Image or other material made available by Shutterstock infringes upon any copyright that you own or control, you may notify Shutterstock in the manner set forth in our Policy contact us at email@example.com subject: DCMA Notice.
16. Warranties and Disclaimers
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the Estonian or South African Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, this is decided upon by Snap-Me Ou, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. All language, written and spoken will be in English, Snap-Me administration holds the full right to decide on the location and date of the arbitration proceedings. There will be one arbitrator and each party will bare all their applicable/own costs for the arbitration process. Snap-Me shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Snap-Me, such action is necessary or desirable. Snap-Me holds the right to suspend,/pause the subscription and account with payments until final proceedings are completed.
That all the uploaded content:
Any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that:
a you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein. All required Snap-Me Legal Contracts have been fully submitted for the administration process for your profile where applicable;
b Snap-Me will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content;
c Your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and
The following Restrictions will apply;
You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
- Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy
- Contains any pornographic, defamatory, or otherwise unlawful or immoral content
- Exploits minors
- Depicts unlawful or violent acts
- Depicts animal cruelty or violence towards animals
- Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition or
- Violates any law, statute, or regulation
19. Termination of Services
Upon termination of the Services by either party for any reason:
- Snap-Me will cease providing You with the Services and You will no longer be able to access Your Account;
- unless otherwise provided in the Terms of Service, You will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to Snap-Me for Your use of Snap-Me’s Services through the effective date of such termination will immediately become due and payable in full; and Your Marketplace will be taken offline.
- In future, If you purchased a domain name through Snap-Me, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to Your domain with the domain provider.
- In future, If you purchased an SSL certificate through Snap-Me, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to Your SSL with the SSL provider.
If at the date of termination of the Service, there are any outstanding Fees owed by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
Snap-Me reserves the right to modify or terminate the Snap-Me Service or Your Account for any reason, without notice at any time.
Snap-Me reserves the right to charge a monthly interest on any amount outstanding till the final invoice is paid in full. While keeping your Marketplace Profile Account “frozen” and inaccessibly for the entire duration that fees are outstanding.
Snap-Me reserves the right at its discretion to take any legal action deem necessary to recover any outstanding payment including interest charged till the date of the action.
Fraud: Without limiting any other remedies, Snap-Me may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with Snap-Me’s Services or partners services.
Snap-Me reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
Snap-Me shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.