This Terms of Use Agreement (“Agreement” or “TOU”) applies to the SeeSnap website located at www.seesnap.com, and all affiliated websites and applications, including mobile website and mobile applications, (“Products”) owned, administered and operated by SeeSnapInc, LLC and our affiliates (“SeeSnap”, “we”, or “us”). SeeSnap provides and makes available these Products, subject to this Terms of Use Agreement. This Agreement explains a contractual agreement between you ("user," "you," "your") and SeeSnap regarding your use of these Products. You should print a copy of this Agreement for your records. Please note, however, that SeeSnap may update and amend this Agreement from time to time as SeeSnap deems necessary, in its sole discretion, and without prior written notice to you.
DO NOT USE THESE PRODUCTS IF YOU DO NOT AGREE WITH THESE TERMS.
SeeSnap reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement, or to change or delete any features of these Products, at any time, with or without prior notice to you. Such modifications, alterations, and updates of this Agreement shall be effective immediately upon posting upon the Products. You agree to be bound by such modified, altered and updated terms if you access or use these Products after SeeSnap has posted notice of modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THESE PRODUCTS AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED.
These Products may permit you to link to other locations that may or may not be affiliated with these Products and/or with SeeSnap. These other linked locations, including the locations of SeeSnap’s affiliated companies, as well as the locations of SeeSnap’s third party service providers, or partners, (collectively the "Third Parties"), may have different terms of use that are not the same as in this Agreement. Your access to and use of such linked locations through links provided on these Products are not governed by this Agreement, but instead are governed by the terms of use and policies of those locations, and SeeSnap disclaims any and all responsibility for your access to and use of such linked locations.
Personal Information about you, as defined in SeeSnap’s Privacy Policy that you may submit or provide to SeeSnap through these Products is subject to SeeSnap’s Privacy Policy, which can be found at [https://www.seesnap.com/privacy-policy] and is incorporated into this Agreement. In addition, by using these Products you expressly consent to SeeSnap collecting Personal Information and other information about you, as more fully provided in SeeSnap’s Privacy Policy.
SeeSnap controls and (either itself and/or through its third party hosts) operates these Products. All content on these Products, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of SeeSnap or its Third Parties, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The content is owned and controlled by SeeSnap, its affiliated or related entities, or the Third Parties that have licensed or otherwise made available their content or the right to market their products and/or services to SeeSnap.
You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on these Products, including, but not limited to, any logos, images or characters, meta tags or similar code, or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of SeeSnap, or otherwise incorporate into another location any of the content or other materials on these Products, without SeeSnap’s express prior written consent. You may not deep link to any page or portion of these Products without SeeSnap’s prior written consent.
Violation of trademark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of content, copyrights, trademarks, service marks, or other intellectual property on these Products, except as authorized by this Agreement, is considered intentional Infringement.
You warrant and represent to SeeSnap that you will not use these Products for any purpose that is unlawful, illegal or prohibited by this Agreement, including, without limitation, the sending, posting, transmitting, displaying, distributing, or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of these responsibilities, your permission to use these Products immediately terminates without the necessity of any notice by us to you. SeeSnap, at its sole discretion, retains the right to deny access to these Products to anyone for any reason, including for violation of this Agreement.
You agree that any information that you provide will be true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete (or SeeSnap has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), SeeSnap has the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future use of, these Products.
You are specifically prohibited from any use of these Products, and you agree not to use or permit others to use these Products, without limitation, for any of the following:
ALL CONTENT, PRODUCTS AND SERVICES ON THESE PRODUCTS, UNLESS OTHERWISE EXPRESSLY STATED IN WRITING BY SEESNAP, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, SEESNAP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER SEESNAP, ITS AFFILIATED OR RELATED ENTITIES, NOR THE THIRD PARTIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, HOSTING AND/OR DISTRIBUTION OF THESE PRODUCTS, WARRANT THAT THE FUNCTIONS, FEATURES OR SERVICES CONTAINED IN THESE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THESE PRODUCTS IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION. SEESNAP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE PRODUCTS, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE PROVIDED OR ACQUIRED PURSUANT TO YOUR USE OF THESE PRODUCTS.
YOUR USE OF THESE PRODUCTS IS AT YOUR OWN RISK. YOU (AND NOT SEESNAP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING, WITHOUT LIMITATION, YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR COMPUTER, NETWORK AND/OR SYSTEM.
IN NO EVENT SHALL SEESNAP, ITS AFFILIATED OR RELATED ENTITIES OR THIRD PARTIES, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION AND HOSTING OF THESE PRODUCTS, BE LIABLE FOR ANY DIRECT, ACTUAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OF ANY KIND, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER SEESNAP (OR ITS AFFILIATED OR RELATED ENTITIES OR PROVIDERS) KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, FROM THE USE OR ATTEMPTED USE OF THESE PRODUCTS OR ANY OTHER LINKED LOCATION.
By accessing these Products, you agree that this Agreement and your use of the Products shall be governed in all respect by the laws of the State of Tennessee, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in the State of Tennessee for all disputes, cases and controversies regarding these Products, your use of these Products, and any matter arising out of or related to this Agreement.
SeeSnap reserves the right to report any wrongdoing, if and when it becomes aware of it, to any applicable government or law enforcement agencies. You agree to indemnify, defend and hold SeeSnap, its and their officers, directors, employees, affiliated or related entities, Third Parties, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of these Products, your breach of any provision of this Agreement and/or any negligent acts, omissions or intentional wrongdoing by you relating to or arising from your use of these Products.
SeeSnap’s failure to act with respect to a breach by you or others does not waive SeeSnap’s right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. You and SeeSnap are dealing at arms' length, creating a commercial relationship. SeeSnap is not your agent, representative or fiduciary. The provisions and conditions of this Agreement, and each obligation referenced herein, represent the entire Agreement between SeeSnap (including the Third Parties), its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between this Agreement and any future published terms of use or understanding, the last published Agreement shall prevail.
SEESNAP RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
