These Terms of Use (the “Agreement”) constitute a binding agreement between Snap MyLife, Inc.™ and its affiliates and subsidiaries (collectively, “Snap MyLife®”) and you with respect to all information, data, graphics, content, software applications, including the Snap MyLife® App, or other Snap MyLife® products (the “Products”) and services (the “Services”) ordered, provided or otherwise accessible on or through the website, located at www.snapmylife.com, (hereinafter, the “Site”), and your use of and access to our services offered on the Site. In this Agreement, “we”, “us”, “our” and other similar references mean Snap MyLife® and “you” and “your” and other similar references mean a specific user of the Site. This Agreement incorporates by reference in its entirety the Privacy Policy, located at www.snapmylife.com, which is made a part of this Agreement.
IF YOU DO NOT AGREE TO THIS AGREEMENT (INCLUDING THE PRIVACY POLICY), THEN YOU SHOULD NOT USE THE SITE (OR PRODUCT, OR SERVICE). BY USING AND ACCESSING THE SITE (OR PRODUCT, OR SERVICE) (OTHER THAN TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT), YOU AGREE TO BE BOUND BY THIS AGREEMENT, AS THE SAME MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS BELOW. YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SITE (OR PRODUCT, OR SERVICE), BECAUSE THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS. YOU SHOULD ALSO RETAIN A COPY OF THIS AGREEMENT (INCLUDING THE PRIVACY POLICY) FOR YOUR RECORDS. ALL CAPITALIZED TERMS SHALL HAVE THE MEANING SET FORTH IN THIS AGREEMENT OR IN THE PRIVACY POLICY.
You represent and warrant that you have the legal power, authority and capacity to accept the terms of this Agreement. You represent and warrant 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 this Agreement and to abide by and comply with these Terms of Use. If you are a minor, then you represent and warrant that you are 13 years of age or older. You may not access this Site (or Product, or Service) if you are under the age of 13 years.
You acknowledge and agree that Snap MyLife® owns and shall own all right, title and interest, throughout the world, in and to the Site (or Product, or Service) and all copyrights, trademarks, service marks and other intellectual property rights associated therewith. You shall not take any action that is inconsistent with our ownership of the Site (or Product, or Service). You further acknowledge and agree that nothing in this Agreement and no use of the Site (or Product, or Service) shall cause to vest or be construed to vest in you, any right, title or interest in or to the Site (or Product, or Services) other than the express right to use the Site (or Product, or Services) solely in accordance with the terms and conditions of this Agreement. Any rights not expressly granted herein are reserved.
In addition to the other terms and conditions set forth in this Agreement, the following terms and conditions apply to our mobile services.
a. Our services:
Snap MyLife Inc.™’s portfolio of applications and services include: Snap MyLife® (mobile application and website), which allows consumers to access, showcase, share, stream and securely store photos, videos as well as sync documents and other file types on their connected devices through a unified service. Snap Music™ allows consumers to stream, sync, and share their music and video collection to any mobile device directly from their computer or the cloud via cellular or Wi-Fi. Snap Secure™ allows consumers to manage a broad range of security and privacy threats on mobile devices.
b. Available Carriers:
The Site (or Product, or Service) is compatible with the following countries/carriers:
c. How to Opt-In:
Depending on the Site (or Product, or Service) current marketing offer and the commercially available billing and subscription methods within the Available Carriers, users can opt-in via any of the following methods:
(1) SMS Text Message to a Designated 4 or 5 digits short-code:
a. The text message can be a specific “keyword” prior written approval from the Available Carriers. This keyword is highlighted during the marketing offer and requires carrier approval.
b. The designated 4 or 5 digits short-code may or may not be assigned by the 2 Available Carriers. In any case, this short-code is highlighted during the marketing offer and requires carrier approval.
c. From the moment user initiates the process by texting the appropriate “keyword” to the designated short-code, user is guided throughout the process up to the attempt to purchase or subscription.
(2) Mobile Web / WAP Page Offer:
a. Upon responding to a call-to-action (App Store Banner Ad, In-App Banner Ad or any other form of mobile advertising), user is presented with a mobile web / wap page-specific marketing offer.
b. This marketing offer includes but is not limited to the following marketing assets:
i. Application or Service Name
ii. Application or Service Description
iii. Application or Service Logo/Icon
iv. Application or Service Developer or Marketing Agent/ representative
v.Application or Service Support Information
vi. Application or Service applicable Terms of Service and Privacy Policy
c. User selects the appropriate opt-in button (buy, subscribe, and or download).
d. Depending on the Available Carrier’s Direct-to-Consumer Marketing Guidelines, a Double Opt-In process is required. On such cases, and after user selecting the appropriate “first” opt-in button, Snap MyLife® introduces subsequent mobile web / wap pages:
i.Confirmation Page: a confirmation pages reminds the user about the transaction he/she is about to complete, indicating the name of the Application or Service and the corresponding fees.
ii. Transaction Acknowledgment /Download Link: this page serves as a receipt for the subscription just completed and provides additional information for handling cancels, refunds or general customer questions.
(3) Website Registration:
a. User is presented with an offer from a call-to-action (TV Ad, Web Ad or any other form of call-to-action advertising).
b. If offer is for a web-specific product or service:
i. User fills out the appropriate registration form
ii. Snap MyLife® sends user a confirmation email.
iii. User responds by clicking on confirmation email (if required)
c. If offer is a mobile-specific product or service:
i. User fills out the appropriate registration form.
ii. Snap MyLife® sends user a confirmation email or SMS text message (whichever option is deemed more appropriate for the current offer provided that the Available Carriers approves it)
iii. If a confirmation email:
1. Users responds by clicking on confirmation email (if required)
iv. If SMS text message:
1. Snap MyLife® provides user with a 4/5 digits PIN Code on the body of the text message.
2. User goes back to designated Website and enters 4/5 digits PIN Code.
3. User then follows process to complete purchase, subscription or registration process.
(4) Dialing an advertised Toll-Free Number
a. User is presented with an offer from a call-to-action (TV Ad, Web Ad or any other form of call-to-action advertising).
b. This call-to-action highlights the “dial-in” number for the marketing offer.
c. User dials the advertised number from his/her landline or mobile phone.
d. After dialing, Snap MyLife® can present one of different options to complete the opt-in process:
i.Via an IVR Prompt Flow, which guides the user through the necessary steps to buy, or subscribe to the Products, or Services.
ii. Via a SMS Message, which will send user a text message with a 4/5 digit PIN Code that he/she needs to enter on their mobile phone or website (whichever is designated for the marketing offer) to complete the purchase or opt-in process.
d. d. How to Opt-Out:
Depending on the Site (or Product, or Service) current marketing offer and the commercially available billing and subscription methods within the Available Carriers, users can opt-out via any of the following methods:
a) By emailing eSupport@snapmylife.com: A Snap MyLife® customer representative will guide user through the necessary steps to opt-out. User is required to provide the mobile phone number from which the product or service was opted-in, the wireless carrier to which the number belongs to, and other required information to complete the opt-out process.
b) By selecting the appropriate cancel button from within a mobile application or service. This option may or may not be available on the mobile application or service and the availability for this option is based on the Available Carriers agreement with Snap MyLife®. Upon selecting the appropriate cancel button, the product or service is automatically cancelled without requiring further user intervention.
c) By calling Snap MyLife® available hotline or direct customer care number. A Snap MyLife® customer representative will guide user the through the necessary steps to opt-out. User is required to provide the mobile phone number from which the product or service was opted-in, the wireless carrier to which the number belongs to, and other required information to complete the opt-out process.
d) By texting STOP to the appropriate or designated 4/5 digits short-code associated with marketing offer.
Upon submission of the text message, the product or service is automatically cancelled without requiring further user intervention.
e. How to Get Help or Support: Depending on the Site (or Product, or Service) current marketing offer and the commercially available billing and subscription methods within the Available Carriers, users can request HELP or Support via any of the following methods:
a) By emailing eSupport@snapmylife.com: A Snap MyLife® customer representative will contact user and provide the necessary information to answer and help the user to the best of his/her abilities.
b) By calling Snap MyLife® available hotline or direct customer care number. A Snap MyLife® customer representative will contact user and provide the necessary information to answer and help the user to the best of his/her abilities.
c) By texting HELP to the appropriate or designated 4/5 digits short-code associated with the marketing offer. Snap MyLife® will send user a text message indicating the information listed above.
f. Fees: Messaging and data rates billed by your carrier may apply, depending on the terms of your individual mobile service plan. In addition, we charge a monthly subscription fee that varies depending on the Site, Service or Product you select. After you select the Site, Service or Product you wish to subscribe to, and then confirm again that you wish to subscribe, fees will be billed to your mobile phone bill and will appear under “[our Site, Service or Product name].” A subscription can be started any day during the month and will be renewed automatically every 30 days. To end your subscription, you may text “STOP” to the appropriate or designated 4/5 digits short-code at any time, or email us at eSupport@snapmylife.com.
g. Privacy Policy: You can view our privacy policy by clicking here.
This section describes additional helpful information for T-Mobile® in the USA. For other operators, and for additional Terms of Use pertaining to T-Mobile®, please skip to the sections below.
Snap Secure is a premium mobile subscription service delivered as an application to your mobile phone. Features include Backup & Restore, Anti-Malware & Anti-Spam, Privacy Manager, Anti-Theft & Location Tracking, and other data security and identity protection services. Once you download the application, you will receive a confirming SMS, and a maximum of 2 SMS text messages per month thereafter.
Available Carriers: The service is available on T-Mobile®, Verizon Wireless, AT&T and Sprint, but this section only pertains to T-Mobile customers.
How to Opt-in: To opt-in and subscribe to our service, you may download the application from our website www.snapsecure.net or from a number or independent application stores, and you will automatically be guided through the process to opt-in to the service.
How to Opt-out: To opt-out of our SMS service, text “STOP” to 85555 and you will be unsubscribed from the service immediately. We will send you an SMS confirming that you have been unsubscribed and you will not receive any additional messages unless you re-register for the service.
How to get help or support: To get help, email us at eSupport@snapmylife.com, or call our toll free number at (877) 343-3502. From your mobile phone, you can request our contact information at any time by texting "HELP" into 85555.
Fees: Message and data rates may apply. These charges depend upon the terms of your individual mobile service plan. The basic version of the Snap Secure application, which includes Virus & Malware protection only, can be downloaded and used at no charge. The full-feature premium version of the Snap Secuere application is a subscription billed to your mobile phone bill at $5.99 per month. The subscription can be started any day during the month and will be renewed automatically every 30 days. To end your subscription, you may text “STOP” to our short code 85555 at any time, or email us at eSupport@snapmylife.com. Snap Secure charges will appear on your mobile phone bill as a charge from “85555_Snap_Secure.”
Any software and/or software application referenced or otherwise accessible on the Site (or Product, or Services) is a copyrighted work of Snap MyLife® or its suppliers or licensors. Any use by you of such software or application shall be governed by the terms of the applicable Snap MyLife® end-user license agreement that accompanies or is included with the software (“EULA”). Copying the software and/or any application to any other location for further reproduction or redistribution is expressly prohibited, unless otherwise permitted by the terms of the EULA.
The Content on the Site (or this Product, or this Service) is provided solely for your personal use and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the Site (or Product, or Service) or the Products. Nor may you use any network monitoring or discovery software to determine the site (or Product, or Service) architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Site (or Product, or Service) without our prior written permission. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Site (or Product, or Service), except to the extent permitted above. You may not use or otherwise export or re-export the Site (or Product, or Service) or any portion thereof, or any software available on or through the Site (or Product, or Service) in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Site (or Product, or Service) is expressly prohibited. Snap MyLife® does not authorize the harvesting or collection of screen names or addresses from this site (or Product, or Service) or any Snap MyLife® service offered through this site (or Product, or Service) for the purpose of sending unsolicited email.
You may not employ any language or content that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, false, libelous, slanderous or otherwise objectionable. You may not upload, distribute or print anything that may be harmful to minors or otherwise violates applicable criminal law. You may not take any action or post, upload or distribute any content that violates, misappropriates or infringes upon the rights of others in any way, including any patents, copyrights, trademarks, trade secrets, rights of privacy, rights of publicity, or moral rights of any third party. You may not distribute content that contains advertising, publicity or solicitation for a product or services that did not receive prior written approval from Snap MyLife®. You may not use the Site (or Product, or Service) to collect any personally identifiable information, including profile names, email addresses or other such information for commercial purposes. You may not use of this Site (or Product, or Service) in any jurisdiction that does not give effect to all provisions of this Agreement.
You may not use the Site (or Product, or Service) in any manner that could damage, disable, overburden or impair the Site (or Product, or Service) or any server or other hardware associated with the Site (or Product, or Service); disobey any requirements, procedures, policies, procedures or regulations of networks connected to the Site (or Product, or Service); interfere with any other party’s use and enjoyment of the Site (or Product, or Service); frame or utilize framing techniques to display Content from a source other than the Site (or Product, or Service); use any Snap MyLife®-owned mark or product name as a meta-tag or other ‘hidden text’ for search engines in a manner that does not inure to the benefit of Snap MyLife®.
You use the information and services on the Site (or Product, or Service) or materials linked from the Site (or Product, or Service) at your own risk. We do not represent, warrant or guarantee (a) the accuracy, reliability, completeness, adequacy or currency of the information contained in or linked to on the Site (or Product, or Service), or (b) that the Site (or Product, or Service) will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We may make improvements and/or changes to its features, functionality or Content at any time in our discretion.
Certain sections of this Site (or Product, or Service) may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. It is your responsibility to inform us of any changes to that information by emailing eSupport@snapmylife.com (see also our Privacy Policy). Each registration is for a single user only. We do not permit (a) any other person using the registered sections under your name, or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. We expressly disclaim any and all liability in connection with the registration, maintenance and security of your registration. If you believe there has been unauthorized use, you must notify us immediately by emailing eSupport@snapmylife.com.
Third party content may appear or be accessible through website (not sure) links on or from this Site (or Product, or Service). We shall not be responsible for and assume no liability for any mistakes, errors, inaccuracies, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions or other representations in any such third party content appearing on or accessible from the Site (or Product, or Service). You acknowledge and agree that the information, views and opinions expressed in the third party content represent solely the thoughts of the author and are neither endorsed by nor do they reflect the belief of Snap MyLife®. It is your responsibility to evaluate, assess and bear the risk associated with the use or reliance of any such content. Any and all references to any product, recording, event, process, publication, service or offering of any third party by name, trade name, trademark or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Snap MyLife®.
We reserve the right in our sole discretion to investigate complaints, violations of our Terms of Use and any potential violations of applicable law. In connection with any such investigation, we may take any action we deem appropriate including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted materials, IP addresses and traffic information. If you encounter any prohibited content, material or other potential violations on the Site, you should be immediately report such content or violations to eSupport@snapmylife.com.
This Site (or Product, or Service) may contain links to or be accessible through links on third party websites (mobile sites, etc.). Such third parties are not agents or representatives of Snap MyLife®. We do not have responsibility for the content, availability, operation or performance of any third party website (or mobile site, link, etc.), nor do we author, edit or monitor any third party website (or mobile site, link, etc.). You acknowledge and agree that Snap MyLife® is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be cause by or in connection with your use of or reliance on any content or other information available on any third party website (or mobile site, link, etc.)
Submissions. You may post materials, content, feedback or other information on various portions of the Site (or Product, or Service), including, without limitation, personal information, graphics, photographs, images, opinions, comments and questions (collectively, a “User Submission”). You hereby acknowledge and agree that nothing submitted to this Site (or Product, or Service) shall be treated as confidential information, all such User Submissions are publicly available to any viewer of the Site (or Product, or Service), and you shall be solely responsible for any and all liability, direct and indirect, relating to or arising from the posting of any User Submissions. We expressly disclaim all liability in connection with any and all User Submissions, and you further acknowledge and agree that we shall have no responsibility, liability or other obligation to you or any user with regard to User Submissions. We will not pre-screen or have an obligation to monitor, for example, User Submissions for any purpose including whether any User Submissions violate the intellectual property rights of others, including any copyrights, rights of privacy or rights of publicity. Snap MyLife® may, in our sole discretion, monitor the Site (or Product, or Service) and refuse to post, edit or remove any User Submissions, in whole or in part, that we deem unacceptable, undesirable, inappropriate or in violation of these Terms of Use. The inclusion of User Submissions on this Site (or Product, or Service) does not imply any endorsement or sponsorship by Snap MyLife® of the User Submissions, and we make no warranties, express or implied, as to the accuracy and reliability of such User Submissions.
Our License to User Submissions. By submitting User Submissions for publication on the Site (or Product, or Service), you irrevocably grant us a non-exclusive, fully paid-up, royalty-free, worldwide, perpetual right and license to use, copy, modify, adapt, publish, translate and distribute such User Submissions, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Submissions, without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees, and you represent and warrant that, if you are not the owner of such User Submissions, that the owner of such User Submissions has expressly granted you the right to grant the foregoing license to User Submissions. You acknowledge and agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
We reserve the right to terminate the access, profile or agreement with any user who infringes third party copyright or other third party intellectual property rights upon prompt notification to us by the third party rights holder or its legal agent. Without limiting the foregoing, any person who or which believes that his, her or its intellectual property has been copied and posted via the Site (or Product, or Service) in a way that constitutes infringement shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the rights holder; (b) an identification and location on the Site (or Product, or Service) of the property that is claimed to be infringed; (c) a written statement by such person that he, she or it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf. Notices to us regarding any alleged infringement should be directed to us at eSupport@snapmylife.com.
We also reserve the right to terminate access to any user whose account shows no activity for a period of 6 months or longer, or who uses the Site (or Product, or Service) in any manner that violates of the terms of this Agreement.
Many users are interested in submitting ideas and/or suggestions for products and services to us. We appreciate your interest in improving the Site (or Product, or Service) and the Content. You acknowledge and agree that any idea or suggestion you submit will be solely and exclusively owned by Snap MyLife®, and you hereby irrevocably assign any and all intellectual property rights in such ideas and suggestions to Snap MyLife®. In the event that the foregoing assignment is held to be ineffective or invalid for any reason, your ideas and suggestions shall be treated as User Submissions. If you desire to retain any rights in your ideas and suggestions, including intellectual property rights, we recommend that you refrain from submitting ideas or suggestions to us without our prior written approval. You can inquire regarding such approval by emailing eSupport@snapmylife.com. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by Snap MyLife® in order to evaluate your idea or suggestion.
In addition to these Terms of Use, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site (or Product, or Service) may be governed by specific or special rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We recommend that you review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy, which, in addition to these Terms of Use, governs any information you submit in connection with such activities. To the extent that the Promotion’s terms and conditions conflict with these Terms of Use or Privacy Policy, the Promotion’s terms and conditions shall prevail and control.
THE SITE (OR PRODUCT, OR SERVICE) AND THE CONTENTARE PROVIDED ON AN “AS IS AND “AS AVAILABLE” BASIS. SNAP MYLIFE® EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SNAP MYLIFE® SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY THIRD PARTY WEBSITES (OR MOBILE WEBSITES, OR LINKS, ETC.) OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE (OR PRODUCT, OR SERVICE), INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (B) THE UNAVAILABILITY OF THIS SITE (OR PRODUCT, OR SERVICE) OR ANY PORTION THEREOF, (C) YOUR USE OF THIS SITE (OR PRODUCT, OR SERVICE) OR THE CONTENT, (D) ANY USER SUBMISSIONS AND (D) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE (OR PRODUCT, OR SERVICE) OR THE CONTENT.SNAP MYLIFE® FURTHER SPECIFICALLY DISCLAIMS LIABILITY FOR ANY LOSS OF DATA STORED ON OR BY MEANS OF THE SITE (OR PRODUCT, OR SERVICE), AND DISCLAIMS LIABILITY FOR ANY LOSS OF DATA OR OTHER DAMAGE ARISING FROM SPYWARE, MALWARE, OR OTHER THIRD-PARTY CAUSES. SNAP MYLIFE® FURTHER SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SITE (OR PRODUCT, OR SERVICE) WILL BE UNINTERRUPTED, ACCURATE, ERROR OR DELAY FREE, SECURE, OR FREE FROM BUGS, VIRUSES OR OTHER PROGRAM LIMITATIONS.
THIS SOFTWARE (OR PRODUCT, OR SERVICE) DOES NOT GUARANTEE THE LOCATION ACCURACY PROVIDED (VIA A-GPSAND/OR GPS). THIS SOFTWARE DOES NOT GUARANTEE THE REMOTE DATA WIPE GIVEN THAT THE CONDITION OF THE SMARTPHONE CANNOT BE ABSOLUTELY KNOWN AT THE TIME THE REMOTE WIPE IS EXECUTED.
WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE IN A PARTICULAR CIRCUMSTANCE, THEN SNAP MYLIFE® SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SNAP MYLIFE® IS TO DISCONTINUE YOUR USE OF THE SITE (OR PRODUCT, OR SERVICE). SNAP MYLIFE® SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE (OR PRODUCT, OR SERVICE) AND THE CONTENT, INCLUDING ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE (OR PRODUCT, OR SERVICE) OR ITS CONTENT. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, SNAP MYLIFE®’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SNAP MYLIFE®. SNAP MYLIFE® WOULD NOT BE ABLE TO PROVIDE YOU WITH SERVICES WITHOUT SUCH LIMITATIONS.
You are solely liable for any content, messages or other information you transmit, provide or upload to the Site (or Product, or Service). You agree to indemnify, defend and hold harmless Snap MyLife® from any third party claim, action, demand, loss or damages (including attorney’s fees and costs) arising out of or relating to (a) your violation of any term of these Terms of Use, (b) your use of or access to the Site (or Product, or Service) or the Content, (c) your User Submissions (d) any improper, unauthorized or illegal uses of your profile, and (e) your violation of any rights of a third party, including without limitation any property or privacy right.
The provisions of these Terms of Use (e.g., Section 15 (Disclaimer), Section 16 (Limitation of Liability) and Section 17 (Indemnification)) are for the benefit of Snap MyLife® and its affiliates, officers, directors, employees, agents, representatives, vendors, licensors, licensees, suppliers, and any third party information providers to the Site (or Product, or Service). Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on his, her or its own behalf.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Uses, including, but not limited to, the right to block access from a particular Internet address (mobile phone #, etc.) to the Site (or Product, or Service) and its features.
You understand and agree that all claims, disputes or controversies between you and Snap MyLife®, or its affiliates, or their respective directors, officers, employees, representatives and agents, arising under or related to this Agreement (including the Privacy Policy), the Site (or Product, or Service), the Content, or the use or operation of the Site (or Product, or Service), including tort and contract claims, claims based upon any federal, state or local statute, law, order, ordinance or regulation, and the issue of arbitrability, shall be resolved by final and binding arbitration before the American Arbitration Association (“AAA”), in accordance with the rules of the AAA.
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU. YOU CAN OPT OUT OF THE ARBITRATION BY FOLLOWING THE INSTRUCTIONS IN THE LAST PARAGRAPH OF THIS ARBITRATION CLAUSE.
YOU UNDERSTAND THAT UNLESS YOU EXERCISE THE RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOURSELF AND SNAP MYLIFE® AND WILL NOT BE PART OF A CLASS-WIDE OR CONSOLIDATED ARBITRATION PROCEEDING.
RIGHT TO OPT OUT: If you do not wish to be bound by this arbitration clause, you must notify Snap MyLife® in writing within sixty (60) days after such time as you become bound by this Agreement as set forth above in Section 1 titled “Existence of Contract”, or your rejection of arbitration will not be effective. You must send your request to us. Your request must include your telephone number(s) and a clear statement of your intent to opt out, such as “I reject the arbitration clause stated in the Terms of Use Agreement.”
EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, THE DISPUTE RESOLUTION PROCEDURE SPECIFIED ABOVE APPLIES AND, WE AND YOU EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
We reserve the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Site (or Product, or Service) and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Site (or Product, or Service) after any such changes constitutes your consent to such changes.
Governing Law. This Agreement is governed by the laws of the New Jersey, U.S.A., without regard to the conflicts of laws principles thereof.
Entire Agreement. This Agreement (including the Privacy Policy) constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes any and all other prior written or oral agreements between Snap MyLife® and you regarding such subject matter.
Severing Invalid or Unenforceable Provisions. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction or as a result of future legislative action, such provision shall be deemed severable and shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.
No Construction Against Drafter. The terms of this Agreement shall not be construed against Snap MyLife® by virtue of its having drafted them.
Survival. In the event of the termination of this Agreement, any obligation of Snap MyLife® or you which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. In any event, all of Snap MyLife®’s rights under this Agreement (and to the extent applicable, all of the rights under this Agreement of its affiliates, its and its affiliates’ directors, officers, employees, representatives and agents, licensees and licensors) shall survive any termination of this Agreement.
No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on any third party (whether referred to in the Agreement by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this Agreement, except as expressly contemplated in this Agreement.
Shortened Statute of Limitations. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE (OR PRODUCT, OR SERVICE), THE SERVICE, OR THE SUBJECT MATTER OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Independent Contractors. You and Snap MyLife® are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency.
No Assignments or Transfers. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without Snap MyLife®’s prior written consent (in its sole discretion), and any attempt by you to do so in violation hereof will be void and ineffective. Snap MyLife® and its affiliates may assign their respective rights and obligations under this Agreement (in whole or in part) without your consent or notice to you.
Consent to Electronic Communications. Snap MyLife® will generally communicate with its users by electronic means, such as email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Privacy. Your use of the Site is subject to our Privacy Policy, available through this link.