Terms of Use

1.0 Accounts & Users

1.1 Eligibility

When you use the Services, you represent that you are at least the age of majority in the jurisdiction where you reside or that you have received permission to use the Services from your parent or legal guardian.

You represent that any information you submit to use when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.

1.2 Registration

In order to use the Services, you will be required to register for an account (“Account”). As the person who registered for the Account (the “Account Owner”), you are entitled to certain administrative permissions as set out in the Services. As part of the Account creation process, you will be asked to provide an email address and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party. You are solely responsible for any activities occurring under your account. If you suspect any unauthorized use of your Account, you agree to notify us immediately. We reserve the right to discontinue offering the Services, including by terminating your Account, at any time pursuant to these Terms. You have no ownership right to your Account, and our liability if you are unable to access the Services, if any, is limited by these Terms.

1.3 Admin Account

As the Account Owner of an Account opened on behalf of an organization (“Company Account”) you receive administrative privileges (an “Admin Account”). You may grant access to the Services to certain individuals (“Authorized Users”), and promote additional Authorized Users to Admin Accounts, subject to the limits of any plan for which you enrol. When registered as an Admin Account and when accessing or otherwise using the Services, you represent and warrant that the information you enter for your Company Account is correct. You further acknowledge and agree that the Admin Account Owner is responsible for all activity conducted by all Authorized Users. Each Authorized User must have their own Login Information and use of a single individual Account by several end users shall be considered a material breach of this Agreement, and SnapWIP reserves the right to Terminate the Account for cause due to such breach.

1.4 Individual Accounts

As the Account Owner of an individual Account, you are responsible for your own actions. If you have accepted an invitation to join the Services by a Company Account, you acknowledge that the Admin Accounts of the Company Account to which you are linked may have access to all activity and data logged or generated in your Account. Your further acknowledge that you have no individual rights in your Account and that the Admin Accounts may revoke your permission access your Account or any Company Account Content as such Admin Account Owner sees fit. Finally, you acknowledge that any and all Content you upload or otherwise supply to the Services shall become the property of the Company Account Owner immediately upon its acceptance by the Services, and you hereby assign all right, title, or interest in such Content to such Account Owner.

1.5 User Conduct

You agree not to use any part of the Services to take any action or actions that are patently offensive in any manner whatsoever, are contrary to our public image, goodwill, or reputation, or violate any law or third party’s legal rights.

1.6 User Content

When you post content and information to the Site or in connection with the Services (“Content”), including photos or other information, you represent and warrant to us that you own or have the necessary rights to use and share the Content and the posting of the Content does not violate any rights of any person or entity. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you to the Site or through the Services. You acknowledge and agree that we may, in our sole discretion, remove Content at any time and for any reason, or for no reason at all. If you are an Authorized User of a Company Account, you also acknowledge and agree that any Content uploaded to the Services shall immediately become the property of such Company Account, and you assign all right, title, and interest in such Content to the Company Account Owner upon posting the Content to the Services.

By posting any Content in the Services, you give us and our affiliates a perpetual, nonexclusive, irrevocable, royalty-free, and transferable worldwide license to all intellectual property rights you own or control to use, transmit, reproduce, commercialize, distribute, modify, create derivative works from, and otherwise exploit such Content for any and all purposes and without further notice to you or any other person or entity, except as otherwise expressly provided herein. You also authorize and appoint us as your attorney in fact and agent with full power to enter into and execute any document or undertake any action we may consider appropriate to use or enforce the grant of rights and waivers set forth in these Terms.

1.7 User Feedback

You may be asked to provide feedback on the Services, whether by a survey, testimonial, or voluntarily submitted (“Feedback”). Feedback shall include any communications directed to us related to the Services, including without limitation suggestions for new features or functions, comments, questions, or other suggestions. If you choose to give such Feedback, you agree that all such Feedback shall belong entirely to us, including any new ideas, know-how, concepts, techniques, or other intellectual property rights contained in such Feedback, and you hereby assign all right, title, and interest in such Feedback to us. We shall be free to use any Feedback, with or without attribution or compensation to the provider.

2.0 Usage

2.1 Payment Terms

Fees are non-refundable except as required by law or in our sole discretion. If we terminate your Account without cause, we may refund to you the fees for the unused portion of your subscription. If you sign up for our annual or monthly prepaid plans, and cancel those plans later, you are not entitled to a refund for the unused portion of your subscription period. You agree to pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, you authorize us to charge such fees using your selected payment method. By default, customer accounts are set to auto-renew and we may automatically charge you for such renewal on or after the renewal date unless you have canceled the Service prior to its renewal date. We may revise fee rates for the Service from time to time and will provide you with email notice of any changes in fees at least thirty days prior to your Service renewal date. You are responsible for all taxes and we will charge tax if required to do so by law.

2.2 Permitted Uses

You are authorized to access the Site and our application for the sole purpose of viewing and using the Services on your devices. We authorize you to copy materials from the Services for the purpose of viewing and using the Services. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations applicable to your use of the Service and your User Content.

You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Services. You may not use any robot, spider, or other automatic system or manual process to monitor or copy the Site. Your failure to abide by these conditions will immediately terminate your right to access the Site or to use the Services.

2.3 Third Party Sites

The Site may contain links to third party applications or websites which we do not operate, control, or maintain (“Third Party Sites”). We do not endorse any Third Party Sites, and we make no representation or warranty in any respect regarding the Third Party Sites. Any links to Third Party Sites on the Services are provided solely for your convenience. If you do access any Third Party Sites, you do so at your own risk and waive any and all claims against us regarding the Third Party Sites and our links thereto.

2.4 Data

You agree that we have the right to collect and analyze data and other information relating to the provision, use and performance of the Services, and related systems, and we will be free to use such information and data to improve and enhance the Site Services and disclose such data solely in aggregate or other de-identified form in connection with its business.

2.5 Content-Sharing Platform

The Services include a content sharing platform whereby content-creating users (“Creators”) can create and share certain Content with other users. By sharing Content, you represent and warrant that you have all necessary permissions to share the Content in its form. If the Content is a photograph, you represent that all personally identifiable information has been removed from the photograph. At times, entering the project information into the Service may require sharing personal information of third parties, such as clients. You agree that only such personal information as is necessary shall be uploaded to the Services, and that you have permission from the subject to share their information with whoever has permission to see such personal information inside the Services.

Except as otherwise described in the Service’s Privacy Policy, as between you and us, any Content will be non-confidential and nonproprietary and we will not be liable for any use or disclosure of User Content.

2.6 Losses of Stored Content

Although it is our intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, for unscheduled downtime, or for system and server failures. Consequently, we encourage you to maintain your own backup of your Content. We are not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

3.0 Warranty Disclaimer

You agree that the Services are available on an “as is” basis, without any warranty, and that you use the Services at your own risk. We disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose, warranties against infringement of any third party intellectual property or proprietary rights, warranties relating to delays, interruptions, errors, or omissions in the Services, warranties relating to the accuracy or correctness of data on the Services, and any other warranties otherwise relating to our performance, nonperformance, or other acts or omissions.

We do not warrant the Site or the Service will operate error-free or that they are free of computer viruses and/or other harmful materials. If your use of the Site or the Services results in the need for servicing or replacing equipment or data, we are not responsible for any such costs.

Some jurisdictions do not allow the exclusion or limitation of certain categories of damage or implied warranties, therefor the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

4.0 Limitation of Liability

Any liability we have to you in connection with these Terms, under any cause of action or theory, is strictly limited to, in aggregate for all violations, $100. Without limiting the previous sentence, in no event shall we or any of our affiliates be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with these Terms. The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we or our affiliates have been advised of the possibility of such damages.

You agree to indemnify and hold us harmless for any breach of security or any compromise of your Account.

5.0 Indemnification

You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively “Claims”), made by any third party due to or arising out of your use of the Services in violation of these Terms, any breach of the representations and warranties you make in these Terms, or your User Content. You agree to be solely responsible for defending any Claims against us or suffered by us with counsel subject to our reasonable approval and further subject to our right to participate with counsel of our own choosing.

6.0 Severance

If any part or parts of these Terms are found under law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder shall continue in full force and effect.