Terms of serviceDated: July 23, 2012
By using or visiting the SnappyTV website, www.snappytv.com, or any SnappyTV products, software, data feeds, and services provided to you on, from, or through the SnappyTV website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service") and (2) SnappyTV's privacy notice. If you are a content provider using one of SnappyTV Publishing Services, these Terms of Service do not apply to such use. You may find the terms and conditions applicable to your use of such services at http://www.snappytv.com/partner_tos . You may use the Service only if you are old enough to form a binding contract with SnappyTV and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms of Service and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms of Service or the privacy notice, please do not use the Service. You are responsible for your use of the Service, for any content you stream, edit, upload or otherwise make available to the Service, and for any consequences thereof. The Content you submit, post, snap, or display may be viewed by other users of the Services and through third party services and websites (go to the Settings page to control who sees your Content). You should only provide Content that you are comfortable sharing with others under these Terms. The Service that SnappyTV provides is always evolving, and the form and nature of the Service may change from time to time without prior notice to you. In addition, SnappyTV may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally, and may not provide you with prior notice. SnappyTV retains the right to change the pricing and features of the Service at any time. SnappyTV also retains the right to create or change limits on use and storage at our sole discretion at any time without prior notice to you. SnappyTV reserves its right to make these changes to the Service for any reason or no reason at all. When you access the Service from a third-party website, the terms and conditions of use of that website may apply in addition to these Terms of Service.
In consideration for SnappyTV granting you access to and use of the Service, you agree that SnappyTV and its third party providers and partners may place advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version ( http://www.snappytv.com/tos ). SnappyTV may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
In order to access some features of the Service, you will have to create a SnappyTV account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SnappyTV immediately of any breach of security or unauthorized use of your account. Although SnappyTV will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SnappyTV or others due to such unauthorized use.
General Use of the Service - Permissions and Restrictions SnappyTV hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that: You agree not to distribute in any medium any part of the Service or the Content without SnappyTV's prior written authorization, unless SnappyTV makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player). You agree not to alter or modify any part of the Service. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means SnappyTV may designate. You agree not to use the Service for any of the following unless you obtain SnappyTV's prior written approval: the sale of access to or data from the Service; the sale of advertising, sponsorships, or promotions placed on, around or within the Service or Content; or the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from SnappyTV appears on the same page and is of sufficient value to be the basis for such sales.
If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the SnappyTV website.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the SnappyTV servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, SnappyTV grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. SnappyTV reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We do not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that SnappyTV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will SnappyTV be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to SnappyTV, subject to copyright and other intellectual property rights under the law. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of SnappyTV or the respective licensors of the Content. SnappyTV and its licensors reserve all rights not expressly granted in and to the Service and the Content. You agree not to circumvent, disable or otherwise interfere with security- related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
Your Content and Your Rights
You retain your rights to any Content you originate and submit, post or display on or through the Service (“Your Content”). For the avoidance of doubt, your rights do not extend to anything that you have snapped, clipped, or edited from the Content on the Service. You understand that SnappyTV does not guarantee any confidentiality with respect to any Content you submit. By submitting, posting or displaying Your Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for SnappyTV to make Your Content available to other companies, organizations or individuals who partner with SnappyTV for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by SnappyTV, or other companies, organizations or individuals who partner with SnappyTV, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of Your Content by other users and our third party partners. You understand that Your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. SnappyTV will not be responsible or liable for any use of your Content by SnappyTV in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. SnappyTV does not permit copyright infringement and/or the infringement of intellectual property rights on the Service, and SnappyTV will remove any Content if properly notified that such Content infringes on another's intellectual property rights. SnappyTV reserves the right to remove Content without prior notice.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of SnappyTV and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the SnappyTV name or any of the SnappyTV trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SnappyTV, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Account Termination Policy
SnappyTV will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat or malevolent infringer. SnappyTV reserves the right to decide whether Content violates these Terms of Service for any reason, such as, but not limited to, infringement of intellectual property rights, pornography, obscenity, or excessive length. SnappyTV may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
SnappyTV respects the intellectual property rights of others and expects users of the Service to do the same. For additional information regarding our Copyright Policy, please see the Copyright Policy and Procedures below.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SNAPPYTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
SNAPPYTV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. SNAPPYTV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING OR ANY HYPERLINKED SERVICES. SNAPPYTV 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. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNAPPYTV WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation of Liability
IN NO EVENT SHALL SNAPPYTV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SERVICE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SNAPPYTV SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by SnappyTV from its facilities in the United States of America. SnappyTV makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless SnappyTV, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, please do not use the Service unless you are under the supervision of your legal parents or guardians.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SnappyTV without restriction.
The Service is located within the United States. If you choose to use the Service from the European Union or other regions of the world, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing. By providing your personally identifiable information on the Service you consent to that transfer, storage, and processing. Further, we may transfer this data from the United States to other jurisdictions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By using the service, you are also agreeing that any claim or dispute that may arise between you and SnappyTV will be governed by the laws of the State of California, and will be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over SnappyTV, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and SnappyTV that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in either Santa Clara County, California or, if a federal court, then in the Northern District of California. These Terms of Service, together with the Privacy Notice at http:// www.SnappyTV.com/privacy, the Copyright Policy and Procedures below and any other legal notices published by SnappyTV on the Service, shall constitute the entire agreement between you and
SnappyTV concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and SnappyTV's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Copyright Policy and Procedures
SnappyTV respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • 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 permit the service provider to locate the material; • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; • A statement 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 • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SnappyTV's designated Copyright Agent to receive notifications of claimed infringement can be reached at: Michael Folgner 1153 Mission Street, San Francisco, CA 94103 Phone: 650 400 4156 Fax: 415 354 8483 E-mail: copyright@SnappyTV.com
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SnappyTV customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in Your Content, you may send a counter-notice containing the following information to the Copyright Agent: • Your physical or electronic signature; • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, SnappyTV may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SnappyTV's sole discretion.