Terms of Service
Snapily.com the premier site for the creation of the most unique personalized products - welcomes you. Now we are cool with almost everything you do - but we have a couple of rules that must be followed and were put here for you to read. So here we go.
One moment, before you get to the legal stuff - we want to make sure you are happy. So we are happy to offer you a "Money Back Guarantee". Yes, if you are not completely satisfied - within 14 Days of receipt of your order - please contact our customer support at: service@Snapily.com and we will let you know how to send your product back for a full refund.
We strive to have your 60 LPI order produced within 3 business days. In most cases your order will be produced and shipped earlier than this. Our 40 LPI poster service takes 10 business days to produce.
Your access to and use of the service are expressly conditioned on your acceptance of and compliance with these terms. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF. If you do not wish to accept these Terms, then please don't sign up - sorry these are the rules - in which case you will not be able to access or use the Service. Note that any violation of these Terms may result in termination of your ability to access and use the Service.
In order to use the Service, you must be at least 13 years of age (and if a resident of the State of Maine be at least 18 years of age). By accepting these Terms you represent that you are at least 13 years old (and if a resident of the State of Maine at least 18 years old). If you are not at least 13 years old (and if a resident of the State of Maine at least 18 years of age), please do not click the "Sign Up" button and do not attempt to use, or set up an account to use, the Services. Please contact us if you have any concerns or questions about this restriction. Note that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors (see for example http://www.pff.org/parentalcontrols/).
We reserve the right at any time to change all or any part of these Terms, modify the Service, including by eliminating, modifying, or discontinuing any content on or feature of the Service; and change any fees for use of the Service. Any modification we make to any of the forgoing will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Service or by electronic mail to you. Your continued use of the Service after such notice will be deemed acceptance of such new terms or changes to the Service. Be sure to periodically visit the terms and conditions page linked to from our homepage to ensure familiarity with the most current version of these Terms.
If you have any questions about the Agreement, you may contact us at service@ snapily.com
Registration, User Account, Password, and Security
As part of the registration to use the Service, you agree to (a) provide full, accurate, current and complete information about yourself as prompted by our registration form (including your email address), and (b) maintain and update your user information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, misleading, not current or incomplete, we reserve the right to terminate your access to and use of the Service (of course we would hate to do that).
As part of the account set-up and registration process, you will be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that such username was previously selected by another user, or if we determine that such username violates the Terms applying to any use of the Service as detailed herein, including, without limitation, that such user name impersonates someone else, misrepresents your affiliation with another person or entity, is illegal, obscene, or otherwise offensive, or is protected by any applicable Intellectual Property Right (as defined below), or may otherwise cause confusion between you and any third party.
You will be solely responsible for maintaining the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE FULLY AND SOLELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT OCCUR THROUGH YOUR ACCOUNT.
You hereby agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you logout from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1.
Your Use of the Service
Subject to and conditioned upon your acceptance of these Terms and your ongoing compliance with the Terms, we grant to you a non-exclusive, non-transferable, non-sub licensable, limited right to access and use the Service, including a limited license to use any images, text, graphics, sounds, video, data, links and other materials or any of these elements in combination (“Content”) incorporated into the Service (“Snapily Content”), solely as made available by us and solely for your own personal purposes and further subject to the limitations set forth herein.
While using Snapily and the Service, you agree not to:
Upload, download, post, process, reproduce, email distribute or otherwise transfer or make available (collectively “Transmit”) any Content whether as a design for products available for purchase, print or design on Snapily or otherwise, that are, in any jurisdiction were so Transmitted, used, printed, or delivered, illegal, invasive of the privacy or celebrity rights of another, threatening, abusive, harassing, obscene, pornographic, defamatory, inflammatory, libelous, hateful, or racially, ethnically, sexually or otherwise objectionable;
Transmit any Content that may infringe any copyright, patent, trademark, service mark, trade secret, sui generis right, moral right, right of attribution, or other intellectual or proprietary right of any party or any application for any of the forgoing (“Intellectual Property Right”);
Transmit any Content that would constitute, incite or encourage a criminal offense or any other act of violence;
Transmit any material that contains software viruses, worms, Trojan horses, defects, date bombs, time bombs or any other malicious code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt or interfere with the security of, or otherwise abuse, the Service, its system resources, accounts, servers, or networks connected to or accessible through Snapily or affiliated or linked websites or access, hack or deface any portion of Snapily, tamper with or use non-public areas of Snapily;
Transmit false or misleading information or falsely represent yourself as any other person, or misrepresent yourself as a representative or affiliate of any person or entity;
Disrupt or interfere with any other user's use or enjoyment of the Service or affiliated or linked websites or use the account or password of others; Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service; or
Collect information about other users of the Service without their express consent.
Engage in spamming or Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, investment opportunities, or any other form of solicitation according to the laws of the jurisdiction of the Transmission or delivery; or
Express or imply that any statements you make are endorsed by us, without our prior written consent.
We may terminate your access to and use of the service immediately if you fail to comply with the above rules.
By accepting these Terms you acknowledge that we do not pre-screen submitted Content Transmitted by users, but that we and our designees shall have the right (but in any event not the obligation) at our sole discretion to (a) monitor and/or filter any Content (including by means of blocking or replacing language that may be deemed harmful or offensive); (b) alter or remove such Content (whether or not according to the Copyright Infringement Policy detailed in Section 4.D below), and/or (c) refuse to use any such Content (including, without limitation, by suspending the processing, printing, shipping and delivery of any order incorporating such Content). Upon placing your order, you acknowledge that we may (but are not obligated to) review your order, and the Content it contains, for adherence and compliance with the terms of these Terms and to the other Service guidelines. Without derogating from the foregoing, we and our designees shall have the right to remove and/or refuse to print or deliver any Content that violates these Terns or is otherwise objectionable to us.
By accepting these Terms you agree that you must evaluate and bear all risks associated with the use of any Content and acknowledge that you are solely responsible for the creation and compilation of your Content (also referred to as “User Content”), and that neither we nor any other party involved with the production, printing or delivering of any product incorporating such Content, assumes that responsibility. It is clarified that processing, printing or delivering any product incorporating User Content, does not indicate that we or any of our affiliates, contractors or providers approves of the Content or that such content adheres with these Terms or that you are released from any liability or harm arising from the use of such Content. You hereby agree to waive any claims against us and our affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to Content or products made available on the Service or ordered via the Service and for any removal of Content by us or by any of our affiliates and contractors.
By accepting this Agreement you further agree that you are solely responsible for actions undertaken or Transmissions under your account. We take no responsibility and assume no liability for any Content Transmitted by you or by any user of your account.
Intellectual Property Policy
We respect the Intellectual Property Rights of others. We ask our users to do the same. We may terminate the accounts of users who appear to infringe the Intellectual Property Rights of others (our rights and those of our affiliates and contractors).
BY MAKING EACH CONTENT TRANSMISSION OR ORDERING PRODUCTS INCORPORATING CONTENT THAT YOU TRANSMITTED YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU TRANSMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.
B. Our Intellectual Property Rights
The Service and any software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by copyrights and other applicable Intellectual Property national and international laws and regulations. You agree not to copy, modify, adapt, reverse engineer, decompile, duplicate, distribute, translate or create derivative works based on the Service or the Software in whole or in part, or exploit for any commercial purposes, any portion of the Service.
You may not "frame" or "mirror" any portion of the Service, or link to any page of or material on the Service other than the homepage of the Service located at the URL http://www.Snapily.com/ or the URLs provided by us to you for such purposes as part of the Service, without our prior written authorization.
You further agree not to remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service or products ordered via the Service;
By accepting this Agreement you acknowledge and agree that any Snapily Content contained or distributed on or through the Service by us, our advertisers or other third parties, is protected by Intellectual Property Rights. You may not use or distribute any Content received through the Service without our authorization or the authorization of the Content owner. You agree not to Transmit or otherwise publish, reproduce, copy, in whole or in part, any Content available through the Service including software code, in violation of applicable copyright and other intellectual property laws.
Except as expressly authorized by these terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the service without the written consent of Snapily. (In other words - don't copy our images for your own website J)
"HumanEyes", "Snapily", the "eyes logo" and other HumanEyes Technologies Ltd. graphics, logos, and service names are common law trademarks, registered trademarks or trade dress of HumanEyes Technologies Ltd. Such trademarks may not be used in connection with any product or service that is not a HumanEyes Technologies Ltd. product in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HumanEyes Technologies Ltd. You may not use any "meta tags" or any other "hidden text" utilizing the forgoing trademarks, nor may you purchase keyword or targeted search engine advertising using any of the forgoing trademark terms.
C. Your Content
You will retain all ownership rights to your User Content. However, by transmitting such User Content to the Service, you grant us a nonexclusive, worldwide, transferable license to copy, adjust, reproduce, and publicly display and distribute such User Content for promoting the Service.
You further hereby grant us and our designees a worldwide, non-exclusive, royalty-free, irrevocable right to use, reproduce, distribute, create derivative works of, and publicly display and perform such User Content, solely in connection with providing the Service to you.
Except for the foregoing licenses, we do not claim ownership of any copyright in your User Content.
The User Content will not be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. Without derogating from the generality of the forgoing, we may preserve Content and may also, in our sole discretion, disclose any User Content, and the circumstances surrounding the Transmission or use thereof, to any third party in order to (a) operate the Services; (b) protect the rights, property, or personal safety of Snapily, and of our parent company, our affiliates, distributors, contractors, employees partners, licensors, advertisers, and users or the public; (c) comply with legal obligations, governmental requests or other legal process; (d) enforce these Terms; (e) respond to claims that any Content violates the rights of third-parties; or (f) for any other reason or purpose. We retain the right to immediately remove any Content that a third party claims infringes its Intellectual Property Rights or privacy rights, until receiving instructions from a competent court or governmental authority permitting the post. We shall not be required to determine the validity and merits of such third part claim prior to removing the Content. You will have no claim against us for any such content removal.
We recommend you keep back-up copies of your submissions, as the service is not intended to be used as a back-up solution for storing your submissions.
D. Copyright Infringement Policy
If any person or entity (the "Complaining Party") believes in good faith that material used or displayed on or through the Service (by us or by any of our affiliates or users) has been used in a way that constitutes an infringement of any of the Complaining Party's Intellectual Property Rights (including any third party that the Complaining Party is entitled to represent) it is requested to send a notice to our IP Designated Agent requesting that the material be removed, or access to it blocked("IP Notice"). The IP Notice must include the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the Intellectual Property Right that is allegedly infringed.
identification of the IP protected work and/or mark claimed to have been infringed (or if multiple works are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us to locate the material on the Service;
a duly notarized affidavit made under penalty of perjury stating that (a) the Complaining Party is authorized to act on behalf of the owner of the Intellectual Property Right that is allegedly infringed; and (b) that the information in the IP Notice is accurate;
a statement that the Complaining Party has a good faith belief that the use of the material in the manner complained of is not authorized by the Intellectual Property Right owner, its agent or by applicable law; and
information reasonably sufficient to permit us to contact the Complaining Party, including information such as your name, address, telephone number, email address, and other contact information.
It is expected that all users of any part of the Snapily Service will comply with applicable copyright laws. However, if we receive an IP Notice we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
Following such removal or disabling we shall promptly notify the user who's User Content was removed or disabled (the "User") regarding the action we have taken. Such notification shall be sent to the email address provided to us by the User and by posting a takedown notice at the URL were such User Content was located. We will not be liable for non-notification in the event that the User did not provide us with an updated email address.
If the User believes in good faith that a notice of copyright infringement has been wrongly filed against him, he may send our IP Designated Agent a counter-notice (the "Counter Notice"). The Counter Notice must be in writing and include the following information:
a physical or electronic signature of the User;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
information reasonably sufficient to permit us to contact the User, including information such as the User's name, address, and telephone number;
a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which we may be found, and that the User will accept service of process from the Complaining Party or an agent of such person.
Upon receipt of a Counter Notice we shall promptly provide the Claiming Party with a copy of the Counter Notice, and inform it that we will replace the removed material or cease disabling access to it in 10 business days.
We will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notice, unless our IP Designated Agent first receives notice from the Claiming Party that the Claiming Party has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on the Service.
Our IP Designated Agent can be reached at:
by telephone at: 646-415-8047 Fax: +972-2-651.5188; or
by sending a letter to HumanEyes Technologies Ltd, 366 N. Broadway - Suite 410/C1, Jericho, NY 11753 USA, to the attention of Ms. Sarit Shraga Mageni, IP Designated Agent.
In the event that a User is found to be a repeat infringer of Intellectual Property Rights, we reserve the right, at our sole discretion, to immediately terminate his Service account and his access to the Service.
It is hereby clarified that we do not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that (a) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process; (b) are available to any person on reasonable and nondiscriminatory terms; and (c) do not impose substantial costs or substantial burdens on our systems or networks.
If we receive an IP Notice or a Counter Notice that are not compliant with the above procedures, we shall handle them in whatever manner appears to be reasonable, at our sole discretion, given the circumstances presented.
The above detailed Copyright Infringement Policy is without prejudice to any other right provided to us under these Terms, including any right to remove content at our sole discretion.
You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable VAT and sales taxes and any customs or other import costs relating to your purchases.
Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Price and availability of any products or services are subject to change without notice at our sole discretion. Our current prices can be found on the Service and are incorporated into this Agreement by reference. Any delivery dates posted on the Service are good faith estimations. We will not be liable for any delay caused by the courier service.
Title and risk of loss for any products purchased via the Service shall pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
Term and Termination
These terms shall remain effective until terminated, revised, restated or otherwise modified by us as set forth herein.
We may, at our sole discretion and at any time discontinue providing the Service, or any part or feature thereof, with or without notice.
We may at our sole discretion immediately terminate these Terms, and/or terminate, deactivate or suspend your account and/or your access to and use of the Service or any portion thereof and/or remove any of your User Content and other files or data in your account, at any time and for any reason, with or without cause, without prior notice to you. We shall not be liable to you or to any third-party for any termination of your access to the Service.
Should you object to any terms and conditions of these Terms (as amended) or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue your use of the Service and/or terminate your account.
Government Restricted Rights
If you are an agency or instrumentality of the United States Government, any software and documentation included in the Service are "commercial computer software" and "commercial computer software documentation", and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of such software and documentation are governed by these Terms.
You hereby agree to indemnify, defend and hold us, our affiliates, distributors, service providers, partners, licensors, advertisers, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, judgments, awards, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) and other expenses that are based on or arise directly or indirectly out of or from (a) your breach of these Terms; (b) any use of your User Content or other content Transmitted by you or under your account; (c) any misuse of your account; or (d) your activities in connection with the Service.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SERVICE, INCLUDING ALL COMPONENTS AND FEATURES, INFORMATION AND MATERIALS INCORORATED THEREIN AS WELL AS ANY PRODUCT SOLD VIA THE SERVICE, IS PROVIDED "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR AFFILIATES, DISTRIBUTORS, SERVICE PROVIDERS, PARTNERS, LICENSORS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
WE AND OUR AFFILIATES, DISTRIBUTORS, SERVICE PROVIDERS, PARTNERS, LICENSORS, ADVERTISERS AND AGENTS DO NOT WARRANT THAT: (A) THE SERVICE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, OR THAT THE SERVICE OR ANY SOFTWARE INCORPORATED INTO THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (D), THAT DEFECTS, IF ANY, WILL BE CORRECTED..
YOU AGREE THAT WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EITHER US OR OUR AFFILIATES AND SERVICE PROVIDERS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.
YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SNAPILY OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, SERVICE PROVIDERS, OFFICERS AND EMPLOYEES, LICENSORS, ADVERTISERS OR AGENTS, WHETHER ORAL OR WRITTEN, AND WHETHER MADE ON OR THROUGH THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK (bottom line folks).
YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.
Limitation of liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER SNAPILY NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, OR ADVERTISERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SERVICE OR THE PRODUCTS ORDERED VUA THE SERVICE, SHALL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, OR LOST PROFITS), UNDER ANY THEORY OF LAW INCLUDING UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,
THE MAXIMUM LIABILITY OF SNAPILY AND ITS AFFILIATES AND SERVICE PROVIDERS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE (INCLUDING ANY PRODUCTS ORDERED), WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, AND INCLUDING (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (E) FRAUD OR IDENTITY THEFT; OR (F) ANY OTHER MATTER RELATING TO THE SERVICE .SHALL BE THE HIGHER OF (A) $100; OR (B) THE COST OF GOODS OR SERVICES ACTUALLY PAID BY YOU TO US FOR THE GOODS UNDERLYING THE CLAIM.
Policy for Idea Submission and Error Reports
Since we have such a cool concept with special effects - you might want to drop us a line - with your great idea or suggestion. We appreciate your interest in improving the Service; however, please note that any such ideas, recommendations, error and bug reports, comments, concepts, additional feature and other requests or suggestions ("Ideas") that you submit will be owned by Snapily, and you hereby irrevocably assign and transfer any Intellectual Property Rights in such Ideas to Snapily, free of charge, upon their Transmission, and you agree that the same will automatically become our property and that we shall be entitled to use, exploit, implement, develop, copy, reproduce, publish, or assign the rights to such materials without any obligation to make any royalty or other payment. If you intend to retain any Intellectual Property Rights in your Ideas please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a message to ideas@ Snapily.com. If we are interested in pursuing any Idea of yours, we will contact you. Please note that an additional legal agreement may be required by Snapily in order to evaluate your idea or suggestion.
Links to Other Resources
We may provide hyperlinks to other websites or resources. Inclusion of hyperlinks to such resources does not imply any endorsement of the material on such resources or any association with their operators. Because we have no control of such sites and resources, you acknowledge and agree that we shall not be responsible for the availability of such sites or resources, nor shall we be responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
These Terms shall be construed in accordance with and governed for all purposes by the substantive laws of the State of Israel without regard to conflicts of law provisions. You agree that any claim or dispute you may have against Snapily, HumanEyes Technologies Ltd. and their directors, officers, employees and consultants must be resolved by a court located in Jerusalem, Israel, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise illegal or unenforceable under any applicable statute or rule of law,, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect and Agreement shall in no way be affected or impaired.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us (including any information made available on the Service) with respect to such subject matter.
We may assign our rights and responsibilities hereunder without notice to you. These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms.
Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
If you have any questions or comments regarding these Terms, please contact: legal@ Snapily.com
BY CLICKING "I ACCEPT" OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, (2) YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AS A BINDING AND ENFORCEABLE OBLIGATION.