These Terms of Use are effective from October 10, 2018.
By accessing or using the Snaptivity website, the Snaptivity service, or any applications (including mobile applications) Snaptivity service is part of (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Snapify Ltd. ("Snaptivity"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.
Basic Terms
- You must be at least 13 years old to use the Service.
- You must only use Snaptivity service for yourself and you must only enter seat details where you were seated. It’s absolutely prohibited to use anyone else’s login or seat details and/or share photos that do not have images of you.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Snaptivity prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Snaptivity upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Snaptivity terms.
- You agree that you will not solicit, collect or use the login credentials of other Snaptivity users.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.
- 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 Content (defined below), including but not limited to, copyright laws.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Snaptivity.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Snaptivity.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Snaptivity page is rendered or displayed in a user's browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- Violation of these Terms of Use may, in Snaptivity's sole discretion, result in termination of your Snaptivity account. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Snaptivity, we can stop providing all or part of the Service to you.
General Conditions
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. If we terminate your access to the Service, your photos, and all other data will no longer be accessible through your account, but those materials and data may persist and appear within the Service (e.g., it may be archived on the cloud server).
- Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
- We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
- There may be links from the Service, or from communications you receive from the Service to third-party websites or features. There may also be links to third-party websites or features in images within the Service. Functionality on the Service may also permit interactions between the Service and a third-party website or feature, including applications that connect the Service or your profile on the Service with a third-party website or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Snaptivity does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Snaptivity is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Snaptivity has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Snaptivity Parties (defined below) harmless for activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the Service
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Instagram's express consent.
Rights
- Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Snaptivity may place such advertising and promotions on the Service. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- The Service contains content owned or licensed by Snaptivity ("Snaptivity Content"). Snaptivity Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Snaptivity, Snaptivity owns and retains all rights in the Snaptivity Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Snaptivity Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Snaptivity Content.
- The Snaptivity name and logo are trademarks of Snaptivity, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Snaptivity, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Snaptivity, and may not be copied, imitated or used, in whole or in part, without prior written permission from Snaptivity.
- Although it is Snaptivity's 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, or due to failure of telecommunications links and/or equipment. Also, Snaptivity reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Snaptivity, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Snaptivity encourages you to maintain your own backup of your Content. Snaptivity 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 access to the Content or other information may not be secure.
- Except as otherwise described in the Service's Privacy Policy, as between you and Snaptivity, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Snaptivity is not a confidential, fiduciary, or other type of special relationship.
- It is your right to access Content related to you, i.e. photos and video of you. You must enter seating (ticket) details in order to be granted access to the Content.
- It is strictly prohibited to access anyone else's Content.
- You grant us permission to use the Content of you for the promotional, media or any other purposes except when you give written notice to do otherwise.
Copyright and IP
- Snaptivity holds the rights on all the Content displayed on the Service.
- When you access your Content you may explicitly restrict us in using it for our purposes.
- When submitting Content to the Service, you grant the Content to Snaptivity on a non-exclusive basis.
- It is considered and intellectual property right infringement to access anyone else’s Content on the Service.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties
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THE SERVICE, INCLUDING, WITHOUT LIMITATION, SNAPTIVITY CONTENT, IS
PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS"
BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER
SNAPTIVITY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR
AGENTS (COLLECTIVELY, THE "SNAPTIVITY PARTIES") MAKE ANY
REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE
SNAPTIVITY CONTENT OR; (C) SECURITY ASSOCIATED WITH THE
TRANSMISSION OF INFORMATION TO SNAPTIVITY OR VIA THE SERVICE. IN
ADDITION, THE SNAPTIVITY PARTIES HEREBY DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM
INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE SNAPTIVITY
PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE
ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR
THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS
FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION,
VIRUSES. THE SNAPTIVITY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON
THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SNAPTIVITY
PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN
ANY PARTICULAR JURISDICTION, AND THE SNAPTIVITY PARTIES
SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR
DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE
ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH
JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY
ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR
ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR
USE THE SERVICE. THE SNAPTIVITY PARTIES DO NOT ENDORSE CONTENT AND
SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY
PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL,
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR
OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM
ANY CONTENT.
Disclaimer Of Liability
-
UNDER NO CIRCUMSTANCES WILL THE SNAPTIVITY PARTIES BE LIABLE TO
YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT
LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY,
SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES)
THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B)
THE SNAPTIVITY CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE
PERFORMANCE OF THE SERVICE; (D) ANY ACTION TAKEN IN CONNECTION
WITH AN INVESTIGATION BY THE SNAPTIVITY PARTIES OR LAW ENFORCEMENT
AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE
SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR
OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN
THE SERVICE'S OPERATION; OR (G) ANY DAMAGE TO ANY USER'S COMPUTER,
MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT
LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS,
BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK
FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER
FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE
SNAPTIVITY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT
LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS
OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE
SERVICE). IN NO EVENT WILL THE SNAPTIVITY PARTIES BE LIABLE TO YOU
OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT
LIMITATION, DEATH OR PERSONAL INJURY. IN NO EVENT WILL THE
SNAPTIVITY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES
OR CAUSES OR ACTION EXCEED ONE HUNDRED POUNDS (£100.00). YOU AGREE
THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT
ARISE OUT OF SNAPTIVITY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY,
CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO
AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE,
SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY
THE SNAPTIVITY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR
RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING,
EXHIBITION OR EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT,
SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SNAPTIVITY
PARTIES. SNAPTIVITY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT,
INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND
DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Indemnification
-
You (and also any third party for whom you operate an account or
activity on the Service) agree to defend (at Snaptivity's
request), indemnify and hold the Snaptivity Parties harmless from
and against any claims, liabilities, damages, losses, and
expenses, including without limitation, reasonable attorney's fees
and costs, arising out of or in any way connected with any of the
following (including as a result of your direct activities on the
Service or those conducted on your behalf): (i) your Content or
your access to or use of the Service; (ii) your breach or alleged
breach of these Terms of Use; (iii) your violation of any
third-party right, including without limitation, any intellectual
property right, publicity, confidentiality, property or privacy
right; (iv) your violation of any laws, rules, regulations, codes,
statutes, ordinances or orders of any governmental and
quasi-governmental authorities, including, without limitation, all
regulatory, administrative and legislative authorities; or (v) any
misrepresentation made by you. You will cooperate as fully
required by Snaptivity in the defense of any claim. Snaptivity
reserves the right to assume the exclusive defense and control of
any matter subject to indemnification by you, and you will not in
any event settle any claim without the prior written consent of
Snaptivity.
Governing Law
-
These terms and conditions are governed by English law and the
parties agree to submit to the exclusive jurisdiction of the
English courts
Entire Agreement
-
If you are using the Service on behalf of a legal entity, you
represent that you are authorized to enter into an agreement on
behalf of that legal entity. These Terms of Use constitute the
entire agreement between you and Snaptivity and governs your use
of the Service, superseding any prior agreements between you and
Snaptivity. You will not assign the Terms of Use or assign any
rights or delegate any obligations hereunder, in whole or in part,
whether voluntarily or by operation of law, without the prior
written consent of Snaptivity. Any purported assignment or
delegation by you without the appropriate prior written consent of
Snaptivity will be null and void. Snaptivity may assign these
Terms of Use or any rights hereunder without your consent. If any
provision of these Terms of Use is found by a court of competent
jurisdiction to be invalid or otherwise unenforceable, the parties
nevertheless agree that such portion will be deemed severable from
these Terms of Use and will not affect the validity and
enforceability of the remaining provisions, and the remaining
provisions of the Terms of Use remain in full force and effect.
Neither the course of conduct between the parties nor trade
practice will act to modify the Terms of Use. These Terms of Use
do not confer any third-party beneficiary rights.