LAST REVISION: March 9, 2010
1. Acceptance of Terms
THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME, ARE A LEGAL AGREEMENT BETWEEN SNAP INTERACTIVE, INC. ("SNAP " OR "WE") AND YOU ("YOU"). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING THE APPLICATIONS (INCLUDING 'ARE YOU INTERESTED,' 'MEET NEW PEOPLE,' & 'FLIRT WITH ME) AND WEBSITES (AREYOUINTERESTED.COM) OWNED, OPERATED, LICENSED OR CONTROLLED BY SNAP (THE "SNAP SITES") OR ANY PRODUCTS, SUBSCRIPTIONS AND SERVICES AVAILABLE ON OR THROUGH THE SNAP SITES (COLLECTIVELY, THE "SERVICES"). BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICES.
Users are responsible for regularly reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on the SNAP Sites. If you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable SNAP Site and to cancel any accounts or Services you have signed up for. Your continued use of the SNAP Sites after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any and all accounts that you have established. You acknowledge that SNAP is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so.
SNAP reserves the right to deny, in its sole discretion, any user access to the SNAP Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).
CERTIFICATION: You certify that:
- You have never been convicted of a felony or any criminal offense characterized as a sexual offense.
- If you are 18 years of age or older, you will not contact anyone under the age of 18.
- You agree that you are soley liable and responsible for your interactions with other members.
If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. If you decide to purchase subscription-based Services, you agree that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a user/account name that is used by someone else, is vulgar or otherwise offensive (as determined by SNAP), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SNAP immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by SNAP). We will not be 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. However, you will be liable for losses incurred by SNAP or another party due to someone else using your account or password. You may not use anyone else's account at any time.
Where the Services utilize the account management of a social networking website (such as Facebook, MySpace, Hi5, or Bebo), you are responsible for maintaining the confidentiality of your applicable social networking website password and account, and are fully responsible for all activities that occur under your account. (a) You will only use the Services for your sole, personal use and you will not authorize others to use the Services or otherwise transfer your right to use the Services to any other person or entity.(b) You will use the Services, including but not limited to the content you post through the Services, in a manner consistent with any and all applicable local, state, national and international laws and regulations.(c) You will not provide inaccurate, misleading, incomplete or false information to SNAP or to any other User.(d) You will not use the Services (or the system provided) to transport to any other User any obscene, profane, defamatory, offensive, threatening, harassing, or illegal materials that offend or violate any other party's rights.(e) You will not engage in any advertising or solicitation to buy or sell any products or services through the use of the Services and you will not transmit any chain letters or junk email to other Users.(f) You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trademarked or proprietary information or materials without the prior consent of the owner of such proprietary rights.(g) You will only create one unique profile for the Services provided. You will not include any telephone numbers, street addresses, last names, URLs, multimedia or artworks downloaded from external sources, or email addresses in any content, email, chat message, mobile messages, or any other communication.(h) You acknowledge that SNAP may charge a fee for the use of any Services. You agree to pay any fees incurred by you.(i) You agree that SNAP has the right to investigate, prosecute you individually and/or terminate your account and cancel your subscription and/or membership if you have violated the terms of this Agreement, misused the Services, or behaved in a way which could be regarded as inappropriate, unlawful, illegal or unsafe.
Blocking IP Addresses. You understand that in order to protect the integrity of the Services, SNAP reserves the right at any time in its sole discretion to block members or subscribers from certain IP addresses from accessing the Services
Posting Email Addresses. You are not permitted to post your email address in your profile. This includes IM addresses or any other similar address referencing a means of communicating with you outside of the Services. You are not permitted to include such addresses in direct emails and private communications where the inclusion of such email address or other communication device serves as an attempt to circumvent any restrictions on the usage of the Services are a result of subscription plans or other premium features. SNAP may terminate your membership immediately in such cases where posting an email address is done to avoid subscribing to the Services or for spam or other prohibited purposes.
3. Charges and Billing
(a) General. SNAP may charge subscription fees to access certain Services (including certain application functionality) and participate in related activities on the SNAP Sites. SUBSCRIPTIONS ARE NON-TRANSFERABLE AND NON-REFUNDABLE. While using our Sites, you may be required to obtain "points" or pay a fee to access certain features and functionality. SNAP reserves the right in its sole discretion to change the amount of points or the fee required for use of any given feature. YOUR PURCHASE OF POINTS OR SUBSCRIPTION FEES IS FINAL AND SHALL UNDER NO CIRCUMSTANCES BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE INCLUDING, WITHOUT LIMITATION, UPON TERMINATION OF YOUR SNAP ACCOUNT FOR ANY REASON, TERMINATION OF THIS AGREEMENT, AND/OR THE DISCONTINUATION OF THE SERVICES. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID. SNAP shall have no liability for hacking or loss of points or fees from your SNAP Account, provided we will use reasonable efforts to replace such items under certain circumstances in our reasonable discretion. We have no obligation or responsibility to and will not reimburse you for any fees or points lost due to your violations of these Terms of Service. SNAP reserves the right, without prior notification, to refuse to provide you with access to any premium features. Verification of certain information applicable to a transaction involving a point or fee purchase may be required prior to our acceptance thereof. Price and availability are subject to change without notice. SNAP bills you for paid services through your chosen payment provider (your "Payment Method") for use of the Service. You agree to pay SNAP all charges at the prices then in effect for any use of the Service by you, and you authorize SNAP to charge you through your Payment Method for the Service. You agree to make payment using that selected Payment Method. SNAP reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
(b) Recurring Billing. Some subscription plans to the Services consist of recurring periodic charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. SNAP SUBMITS PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY SNAP ) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE SNAP REASONABLY COULD ACT. YOU MAY CANCEL YOUR MEMBERSHIP BY GOING TO THE PREMIUM STATUS PAGE.
(c) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE BILLING INFORMATION. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY SNAP IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE SNAP ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT SNAP MAY CONTINUE CHARGING YOU FOR USE OF THE SERVICES UNDER UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY SNAP ).
(d) Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If SNAP does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your billing account upon demand.
(e) Change in Amount Authorized. If the amount to be charged varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and SNAP shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that SNAP may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
(f) Refund for Subscription and Pre-paid services. If you cancel your subscription, you are NOT eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you have pre-paid for a certain period of service (for example if you paid a lump sum for 6 months of service), you are NOT eligible for a prorated refund of any portion of the pre-paid amount upon cancelation.
(g)
In order to ensure that your premium membership benefits will continue without interruption, we may automatically renew your subscription at the end of your current membership term for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. You will be notified on the purchase page if your subscription automatically renews You may change or cancel your membership/auto-renew by going to the premium status page.
(h) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that SNAP is authorized to charge your Payment Method. SNAP may submit those charges for payment and you will be responsible for such charges. This does not waive SNAP's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
(i) Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.
Any attempt by a person to redeem more than one Trial shall subject such subsequent Trials to disqualification. Void where prohibited.SNAP Interactive, Inc. may discontinue this offer at any time.
(j) A premium subscription will give you access to the following 'AreYouInterested' products: our Facebook Application, AreYouInterested.com, and the 'Are You Interested?' iPhone Application.
You may cancel your subscription by going to: http://apps.facebook.com/areyouinterested/index.php?action=premium_status OR http://www.areyouinterested.com/index_fb_only.php?action=cancel_recurring
FOR BILLING-RELATED INQUIRES
For assistance with billing-related issues please use the “contact” or “contact us” links throughout the SNAP product that you are using, or click here to email us.
3.1 Fees
You hereby agree to pay all fees or charges incurred by your account, including taxes, in accordance with these Terms of Service and the billing terms for access to the Services that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges.
3.2 Fees Charged by Third-Party Sites
We may provide links to other websites. Some of these websites may charge separate fees, which are not included in any subscription or other fees that you may pay to SNAP. SNAP may also provide access to third-party vendors who provide content, goods and/or services on the SNAP Sites or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. SNAP makes no representation or warranty regarding any content, goods and/or services provided by any third-party.
4. Limitations on Your Use Of The Services
Your license to use the Services is limited by these Terms of Service and our Privacy Policy. All software ("Software") made available to access the Services is the copyrighted work of SNAP and/or its licensors. SNAP hereby grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Software solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any information, software, products or services obtained from the Services, without the express written consent of SNAP. You hereby acknowledge and agree that you have no proprietary interest in any account or any other materials appearing in or generated by the Services. You may not use any software or hardware that reduces the number of users directly accessing or using the Services. You further agree not to create or provide any means other than through the SNAP Sites by which the Services may be accessed.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service. You may not use the Services in any manner that could damage, disable, overburden, or impair any SNAP server, or the network(s) connected to any SNAP server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any SNAP server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.
5. Rules of Conduct
The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. SNAP has no obligation to monitor the Communication Services. However, SNAP reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. SNAP reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by SNAP, and such communications shall not be considered reviewed, screened or approved by SNAP. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. SNAP specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized SNAP spokespersons, and their views do not necessarily reflect those of SNAP .
You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. SNAP is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.
SNAP reserves the right at all times to disclose any information or materials found on the Communications Services as SNAP deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in SNAP 's sole discretion.
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Services and/or related Communication Services, in order to:
- Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.
- Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer.
- Except as expressly authorized by SNAP, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.
- Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are prohibited.
- Collect in any way personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
- Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software.
- Impersonate or create a false identity (such as a celebrity or SNAP representative) for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
- Attempt to get a password, other account information, or other private information from a member or any other user of such Services.
- Improperly use support or complaint buttons or make false reports to SNAP administrators.
- Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements.
- Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).
- Use the SNAP Sites, Services or Software to resell or make any commercial use of the SNAP Sites, Services or Software, or otherwise commercially exploit the same, without the prior express written consent of SNAP .
- Use the Services for fraudulent transactions.
- Sell, buy, or transfer access to your account.
- You will not exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage.
6. Content
"Content" shall mean the software, communications, images, sounds, and all the material and information you see on the SNAP Sites, whether provided by SNAP or by users of the Services. SNAP does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the SNAP Sites.
Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the SNAP Sites. Content standards may vary depending on where you are on the SNAP Sites, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others.
SNAP representatives may monitor your communications on the SNAP Sites. But we cannot monitor all of the Content on the SNAP Sites, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services, you can report it to contact(at)snap-interactive.
SNAP and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any SNAP Site. Without limiting the foregoing, SNAP and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.
You acknowledge and agree that all Software and related Services and are the sole property of SNAP and/or its licensors. You acknowledge that: (i) such Software and related Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by SNAP, and/or its licensors (collectively, "Rights "), and (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of the United States of America and other applicable laws. You agree that you may upload or otherwise transmit on or through the Service only Content that is not subject to any third-party Rights, or Content in which any holder of Rights has given express authorization for distribution on the Service. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to SNAP and/or its licensors all of your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to SNAP and/or its licensors, their successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the Content.
By posting Content to any public area of The Services, you automatically grant, and you represent and warrant that you have the right to grant, to SNAP, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by SNAP will not infringe or violate the rights of any third party. This includes granting SNAP the right to use your name, photograph, likeness, and/or biographical information for SNAP's publication, publicity, advertising and all other promotional purposes without compensation, review or approval unless prohibited by law.
7. Newsletters/Emails/
8. Ownership
The Services, including, without limitation, all Software and Content, contains copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software data), the entire contents of the Service and each area contained therein are copyright protected as a collective work under the laws of the United States of America. SNAP owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You acknowledge that SNAP, and/or its licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by SNAP and derivative works thereof, and that you do not acquire any of those ownership rights by accessing such materials.
9. Jurisdictional Issues
The Service is controlled and operated by SNAP from its offices within the United States of America. SNAP makes no representation that Software and other materials available through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any Software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the SNAP Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
10. Termination of Account
SNAP has the right to terminate or suspend, and you have the right to cancel, your account(s) or a particular subscription at any time. You understand and agree that, except as expressly provided by law, the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with SNAP. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the Content or Services available through the SNAP Sites or any change in such Content; (3) your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
You can cancel your account(s) or a particular subscription for a Service by following the procedures made available with the applicable Service. SNAP reserves the right to collect fees, surcharges or costs incurred before you cancel your account(s) or a particular subscription. In the event that your account or a particular subscription is terminated, suspended or canceled, no refund will be granted; no other credits or items (e.g., points) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it. If your account is terminated or suspended by SNAP, SNAP shall have the right to terminate or suspend any of your other account(s).
FOR THE PURPOSES OF CLARITY, SUSPENSION OR TERMINATION OF YOUR SNAP ACCOUNT(S) OR SUBSCRIPTION(S) SHALL NOT AFFECT YOUR SOCIAL NETWORKING WEBSITE ACCOUNT(S).
11. Links to Third-Party Sites
The links to third party sites appearing on the SNAP Sites will let you leave the SNAP Sites. These linked sites are not controlled by SNAP and may collect date or solicit personal information from you. To the maximum extent permissible by law, SNAP is not responsible for such linked sites, Content, business practices or privacy policies, or for the collection, use or disclosure of any information by those sites may collect. SNAP provides such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by SNAP of such linked sites.
12. Disclaimer of Warranty; Limitation of Liability
To the maximum extent allowed by law, neither SNAP nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "SNAP Parties ") warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the SNAP Sites or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.
13. Representations and Promotional Material
References to increased frequency of messages or gifts as a result of subscribing represent averages seen in our sample data and are not guaranteed for any individual user. Pictures used in advertisements and promotions may not be actual members.
YOU EXPRESSLY AGREE THAT THE USE OF THE SNAP SITES, SERVICES AND SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE SNAP SITES, SERVICES AND SOFTWARE, AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. SNAP PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT SNAP WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE SNAP PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GAME PLAY, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE SNAP PARTIES, OR BY YOUR OR ANY OTHER USER'S OWN ERRORS AND/OR OMISSIONS.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE SNAP PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE SNAP SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SNAP IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE SNAP PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SNAP OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE SNAP PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SNAP SITES, SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH SNAP. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SNAP AND THE SNAP PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SNAP DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SNAP SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE SNAP PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SNAP SITES AND SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SNAP PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.
14. General
These Terms of Service are governed by the laws of the United States of America and the State of New York and you hereby submit to the exclusive jurisdiction of these courts.
SNAP may assign these Terms of Service, in whole or in part, at any time.
SNAP's performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of SNAP's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by SNAP with respect to such use.
You agree to indemnify and hold the SNAP, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third-party due to or arising out of your use of or conduct on the Services.
If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.
These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between you and SNAP with respect to the Services and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and SNAP with respect to the Services.
You represent that you have not relied on any such communications in choosing to accept these Terms of Service. A printed version of these Terms of Service and of any notices 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. SNAP 's failure to enforce at any time any of the provisions of these Terms of Service shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by SNAP of any provision, condition or requirement of these Terms of Services shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of SNAP shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of SNAP. SNAP may give notice to you by means of a general notice on the Service, electronic mail to your e-mail address on record in SNAP's account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in SNAP's account information.
The parties hereto have requested that this agreement, and all correspondence and all documentation relating to this agreement, be written in the English language.
PRIVACY
INFORMATION COLLECTION AND USE BY SNAP SNAP collects user submitted information such as name, email address, and age. SNAP also collects other profile data including but not limited to: personal interests, gender, age, and geographical location. SNAP also logs non-personally-identifiable information including IP address, profile information, aggregate user data, cookie information, and browser type, from Users. This data is used to manage the Sites, prevent click fraud, track usage and improve the Services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to Users. User IP addresses are recorded for security and monitoring purposes.From time to time, SNAP or a partner may sponsor a promotion, sweepstakes or contest on the Sites. Users who choose to participate may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. By providing information in such circumstances, you consent to sharing your information with such partners for the purpose described. Except as described herein, SNAP will not monitor, edit or disclose any personal information about you or your account, without your prior consent unless we have a belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of SNAP ; (iii) enforce SNAP 's Terms of Use; (iv) protect the interests of Users of the Services (other than you) or any other person; or (v) operate or conduct maintenance and repair of the Services or equipment as authorized by law.USE OF COOKIESSNAP uses cookies to store Users' preferences, record session information, and collect aggregated demographic data. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. However, you may need to enable cookies from SNAP in order to use most functions on the Sites.
This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party. SNAP reserves the right, at any time and without notice, to add to, modify, change or update this Privacy Policy, simply by posting such change, update or modification on the Sites. Any such change, update or modification will be effective immediately upon posting on the Sites.CONTACTING SNAPIf you have any questions about this privacy policy, the practices of the Sites, or your dealings with the Sites, please contact us at: contact(at)snap-interactive.com.