Terms of Service

By using the gsnap.com web site, a service of G-Snap!, Inc., you are agreeing to be bound by the following terms and conditions ("Terms of Service").

BASIC TERMS AND CONDITIONS

1. You must be 13 years or older to use this site.
2. You are responsible for any activity that occurs under your screen name.
3. You are responsible for keeping your password secure.
4. You must not abuse, harass, threaten, impersonate or intimidate other G-Snap! users.
5. You may not use the G-Snap! service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on G-Snap!.
7. You must not modify, adapt or hack gsnap.com or modify another website so as to falsely imply that it is associated with gnsap.com except to when integrating G-Snap! into a site that you own or maintain.
8. You must not create or submit unwanted email to any G-S! members ("Spam").
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. You must not, in the use of G-Snap!, violate any laws in your jurisdiction (including but not limited to copyright laws).
11. We reserve the right to modify or terminate the gsnap.com service for any reason, without notice at any time.
12. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
13. We reserve the right to refuse service to anyone for any reason at any time.
14. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
15. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
16. Standard carrier wireless data charges apply. Receiving and sending event messages are transmitted via your wireless web service provided by your mobile carrier. Check with your carrier to see which wireless web plan best suits your usage patterns. You are soley responsible for any and all charges you assume by utilizing the G-Snap! service.

 

COPYRIGHT

1. We claim no intellectual property rights over the material you provide to the G-Snap! service. Your profile and materials uploaded remain yours. You can remove your profile at any time by deleting your account.
2. G-Snap! undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
2. A description of the copyrighted work claimed to have been infringed;
3. A description of the infringing material and information reasonably sufficient to permit G-Snap! to locate the material;
4. Your contact information, including your address, telephone number, and email;
5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

 

Claims can be sent to copyright@gsnap.com or G-Snap! Inc., 101 E. Vineyard Ave., Suite #205, Livermore CA 94451. Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (DMCA).

INDEMNITY

You agree to indemnify and hold harmless G-Snap!, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to gsnap.com, your violation of the TOS, these Additional Terms or the Community Guidelines, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.

You acknowledge that G-Snap! may or may not pre-screen Content, but that G-Snap! and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, G-Snap! and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by G-Snap! or submitted to G-Snap!, including without limitation information in any G-Snap! event or any other parts of the Service.

You acknowledge, consent and agree that G-Snap! may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of G-Snap!, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

CONTRIBUTIONS TO G-SNAP!

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to G-Snap! through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) G-Snap! is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) G-Snap! shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) G-Snap! may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of G-Snap! without any obligation of G-Snap! to you; and (f) you are not entitled to any compensation or reimbursement of any kind from G-Snap! under any circumstances.

Violation of any of these Terms of Service will result in the termination of your gsnap.com account. While gnsap.com prohibits such conduct and content on its site, you understand and agree that G-Snap! cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the gsnap.com service at your own risk.

PREMIUM USERS

Based on the requested plan, monthly charges for G-Snap! shall be billed at a rate indicated on your invoice from the date of the first event. All payments due shall be made to G-Snap!. During your usage of G-Snap!, if You exceed your monthly unique user license, G-Snap! will offer a buffer, at no charge, of 50% of the unique user license. If this buffer is exceeded in any month of the monthly billing cycle, G-Snap! will notify You to upgrade (the ".Upgrade License Date") to a higher level of unique users and pay a prorated fee based on a new applicable Monthly Fee, calculated on a per diem basis from your Upgrade License Date through the completion of the monthly cycle in which the upgrade is requested. Your Monthly Fee payable to G-Snap! will reflect the increased rate payable beginning with the next monthly billing cycle after the Upgrade License Date.

If You exceed your monthly unique user license, G-Snap! will offer a buffer, at no charge, of 50% of the unique user license. If this buffer is exceeded in any month of the monthly billing cycle, G-Snap! will notify You to upgrade (the "Upgrade License Date") to a higher level of unique users and pay a prorated fee based on a new applicable Monthly Fee, calculated on a per diem basis from your Upgrade License Date through the completion of the monthly cycle in which the upgrade is requested. Your Monthly Fee payable to G-Snap! will reflect the increased rate payable beginning with the next monthly billing cycle after the Upgrade License Date.

Upon request to G-Snap!, You have the option to immediately upgrade from a lower to a higher level of unique users. On the date that You request such an upgrade (the "Upgrade Date"), You shall pay G-Snap! a prorated fee based on the new applicable Monthly Fee, calculated on a per diem basis from your Upgrade Date through the end of the month in which you request the upgrade. Your Monthly Fee payable to G-Snap! will reflect the increased rate payable beginning with the next regular monthly billing cycle after the Upgrade Date.

Either party may terminate your Premium user status at any time upon 10 days written notice to the other party if the other party materially breaches these Terms of Service and does not cure such breach within such 10 day period. Upon any such termination for cause, You shall pay to G-Snap! any amounts owed for the Service provided up through the date of termination, but You shall not be liable for any Service not yet provided.

You acknowledge and agree that for live events which You sponsor on the Site, You (and any hosts or users producing and/or contributing content at your request or on your behalf) shall create and own or have a valid license to use all of the content and other information displayed or contained in any programs or recordings, including, without limitation, all text, graphics, photos, sounds, music, videos, interactive features and the like. You further acknowledge and agree that You (and any hosts or users producing and/or contributing at your request or on your behalf) shall be exclusively responsible for content within your live events.

DISCLAIMER

THE SERVICES AND ANY CUSTOM DEVELOPMENT ARE PROVIDED .AS IS. AND G-SNAP! HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. G-SNAP! MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO (A) THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICE OR ANY CUSTOM DEVELOPMENT, (B) THAT THE SERVICE OR ANY CUSTOM DEVELOPMENT WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, OR (C) THAT ANY DEFECTS WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT G-SNAP! IS NOT LIABLE FOR ANY CONTENT, THIRD PARTY MATERIALS OR OTHER INFORMATION SUBMITTED BY USERS OF THE SERVICE OR THE G-SNAP! SITE OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

Limitiation of Liability

IN NO EVENT WILL G-SNAP! BE LIABLE FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL G-SNAP!.S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE SERVICE OR THIS CONTRACT EXCEEDS THE AMOUNT PAID BY YOU TO G-SNAP! DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO THE CLAIM. You assume full responsibility and liability for any claims or actions brought against G-Snap! (or any of its officers, directors, employees, principals, agents or representatives), and for any and all liabilities, losses, costs and expenses (including reasonable attorneys. fees), arising from or relating to: (a) your participation in the use of the Services or the G-Snap! Site; and (b) any claims that your live events, the content of such events, or any other use of the Services or the G-Snap! Site infringes or violates the intellectual property rights of any third party, defames any third party, constitutes impermissible hate speech, or otherwise violates any rights of free speech or other rights of any third party. The foregoing provisions shall survive any expiration or termination of the Contract.

Governing Law, Jurisdiction and Dispute Resolution

These Tems of Serviceshall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws principles. You and G-Snap! agree that any and all disputes arising out of or related to this Terms of Service shall be resolved solely through binding arbitration pursuant to the provisions of this paragraph 6 and the then-current rules of the American Arbitration Association (to the extent not inconsistent with this paragraph 6). Any arbitration arising out of or related to this Terms of Service shall be held in Alameda County in the City of Livermore and State of California, before one independent arbitrator agreed upon by both parties. Any arbitration will be final and binding, and the arbitrator's order will be entered and enforceable in any court of competent jurisdiction. The arbitrator will be chosen within thirty (30) days of the date that any issue is submitted to arbitration (the "Submission Date"), discovery (if any) will be completed within sixty (60) days after the Submission Date, the arbitration hearing will occur within ninety (90) days after the Submission Date, and the arbitrator must render his or her decision, in writing, within thirty (30) days after the conclusion of the arbitration hearing.

Miscellaneous

a. Your sole remedy for any breach of these Terms of Service by G-Snap! shall be an action at law for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of G-Snap!, or any breach of these Terms of Service by G-Snap!.
b. These Terms of Service constitutes the entire understanding of You and G-Snap! with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby.
c. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between You and G-Snap!.
d. The provisions of these Terms of Service are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of You and G-Snap! as reflected in the original provision
e. Any delay or failure on the part of G-Snap! to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time.
f. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Service, including without limitation all of your representations, warranties and indemnification obligations.