Terms of Service

TERMS OF USE

 

Last updated July 30, 2024

 

PLEASE CAREFULLY REVIEW THE SECTION TITLED “DISPUTE RESOLUTION” AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS INCLUDED HEREIN AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

 

AGREEMENT TO TERMS

 

These Terms of Use constitute a legally binding agreement made between You, whether personally or on behalf of an entity (“you”) and LIVE OAK DIGITAL, LLC, dba  SNAPSPACES (“Company“, “we”, “us”, or “our”), concerning  Your access to and use of the https://SNAPSPACES.co website as well as any other mobile website or mobile application, media form, channel, related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, You have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN You ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND You MUST DISCONTINUE USE IMMEDIATELY.

 

We reserve the right, in Our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. Supplemental terms and conditions or documents may be posted on the Site from time to time and are hereby expressly incorporated herein by reference. We will alert You about any changes by updating the “Last updated” date of these Terms of Use, and You waive any right to receive specific notice of each such change. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by Your continued use of the Site after the date such revised Terms of Use are posted. It is Your responsibility to periodically review these Terms of Use to stay informed of updates. 

 

This Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would violate any law or regulation, or which would subject Us to any registration requirement within such jurisdiction or country. Accordingly, those users who choose to access the Site from other are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

 

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. 

 

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is Our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site that were not uploaded by individual users (collectively, the “Content”) and the SNAPSPACES trademarks, service marks, and logos (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. Except as expressly provided in these Terms of Use, no part of the Site may be copied, reverse-engineered, reproduced, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.

 

Registered users of the Site are granted a limited license to access and use the Site and to download or print copies of the Content to which You have properly gained access. We reserve all rights not expressly granted to You in and to the Site, the Content and the Marks.

 

 

USER REGISTRATION

 

You may be required to register with the Site to utilize certain functionalities. Users are responsible for all use of Your account and password. You will keep Your password confidential.  We reserve the right to remove, reclaim, or change a username if We determine, in Our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

USER REPRESENTATIONS AND WARRANTIES

 

By using the Site, You represent and warrant that: (1) all personal information You submit is true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You will provide current, complete, and accurate payment information, including email address, payment method, and payment card expiration date, (4) You have the legal capacity to enter into and comply with these Terms of Use; (5) You are not under the age of 18; (6) You will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) You will not use the Site for any illegal or unauthorized purpose; and (8)  Your use of the Site will not violate any applicable law or regulation.

 

If You provide any information that is untrue, inaccurate, out of date, or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site (or any portion thereof). 

Fees for Purchased Services

You agree to the fees for each service You purchase or use via the Site, including any overage fees, (collectively, “Fees”) in accordance with Our then-current pricing and payment terms. Fees paid by You are non-refundable, except as provided in these Terms or when required by law.

To complete payment processing, We transfer Your billing information to our payment processor(s) as disclosed in our Privacy Policy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

If You purchase, register for, or redeem a Package Product through an External Service, such as Apple, You may also be subject to additional terms and conditions supplied by that service, and You must use the tools made available by those services to manage and/or cancel Your Package.

Special Offers may be subject to additional limitations, which are generally presented to You at the time of offer receipt.

Package Terms

Account holders purchase services for a defined period of time (an “Access Period”) beginning on a selected date (the “Activation Date”) inclusive of a defined number of uploaded photographs or uploading participants (collectively, the Access Period and photograph/participant limit constitute a “Package”). Your use of the Package is subject to the terms and conditions contained in these Package Terms (“Package Terms”). If You are not willing to be bound by these Package Terms, You should not purchase or use a Package.

Activation Date and Access Period

The Package will go “live” on the “Activation Date.”  Once activated, the Package is nonrefundable, non-transferrable, and cannot be changed for any reason whatsoever. Incorrect date entry cannot be modified once activated, and You will need to purchase another Package.

RECURRING BILLING

By choosing a recurring payment plan, you acknowledge that such Services may have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR STORED PAYMENT METHOD, GO TO YOUR ACCOUNT SETTINGS.

Taxes

Unless otherwise stated, You are responsible for any taxes or duties associated with the Package, including any related penalties or interest (collectively, “Taxes”).  You are responsible for all requirements, including registration, filing, and remittance to all applicable taxing authorities should You elect to sell, license, or otherwise monetize photographs uploaded to the Site.

Changes in Fees

We may change the fees charged for the Services at any time, provided that We will provide You with reasonable prior written notice of any change in fees to give You an opportunity to cancel Your Package before the change becomes effective.

Overage Fees

Packages include a set number of photographs able to be uploaded by Your guests. If the number of  photos exceed the limit for the Service initially purchased, We will (i) automatically upgrade  Your Package, and (ii) bill You, and You will owe, the then-current Fee for the appropriate Package in which the total photographs does not exceed the Package limit (“Overage fees”). Unless otherwise stated, any overage fees incurred by You will be billed in arrears. Overage fees will be automatically bill to Your payment method on file immediately upon being incurred. Failure to pay overage fees when due may result in limitation, suspension, or termination of Your access to the Site and any uploaded photographs or other data thereon.

 

PROHIBITED ACTIVITIES 

 

You may not access or use the Site for any purpose other than that for which  You are authorized by Us.

 

As a user, You may not:

 

  1. Systematically retrieve data from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory;
  2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email,
  3. Create user accounts by automated means or under false pretenses;
  4. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content;
  5. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  6. Trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  7. Make improper use of Our support services or submit false reports of abuse or misconduct.
  8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site using any spider, robot, cheat utility, scraper, unauthorized software, or offline reader that accesses the Site.
  10. Attempt to impersonate another person or use the username of another user.
  11. Use any information obtained from the Site in order to harass, abuse, or harm another person.
  12. Use the Site as part of any effort to compete with Us.
  13. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
  14. Harass, annoy, intimidate, or threaten any person;
  15. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, spyware, or other material that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
  16. Disparage, tarnish, or otherwise harm, in Our opinion, Us and/or the Site.
  17. Use the Site in a manner inconsistent with any applicable laws or regulations.

 

 

USER GENERATED CONTRIBUTIONS

 

The Site provides Users with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, and/or broadcast content and materials to Us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You thereby represent and warrant that:

 

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of Your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, image and likeness, or moral rights of any third party;
  2. You are the creator, author, and owner of the Contribution or You have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Us, the Site, other users of the Site, and Our affiliates, licensees, successors, agents and assigns to use Your Contributions in whole or in part, whether or not distorted in character or form, either alone or accompanied by other material, in any and all media now known or hereafter invented, including but not limited to Our affiliates’, licensees’, successors’, agents’ and assigns’ websites and social media pages (e.g. Facebook, Twitter, YouTube, Instagram, Company websites), worldwide, in perpetuity, for any legal purpose whatsoever, including but not limited to advertising, publicity and marketing of Company and/or its or its affiliates’ products and services and in any other manner contemplated by the Site and these Terms of Use;
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in Your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Contributions in any manner contemplated by the Site and these Terms of Use;
    Your Contributions do not violate the privacy or publicity rights of any third party.
  4. Your Contributions are not false, inaccurate, or misleading;
  5. Your Contributions are not obscene, lewd, lascivious, violent, harassing, libelous, slanderous, or otherwise objectionable, for which We reserve the right to sole final determination;
  6. Your Contributions are not used to harass ridicule, mock, disparage, intimidate, abuse or threaten any other person or promote violence against a specific person or class of people;
  7. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18, exploits anyone of any age in a sexual or violent manner, or otherwise violates any applicable law concerning child pornography or laws otherwise intended to protect the health or well-being of minors;
  8. Your Contributions do not otherwise violate any provision of these Terms of Use, or any applicable law or regulation.

 

 

VIOLATIONS

 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use or any other law or regulation; (2) take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Terms of Use; (3) in Our sole discretion and without limitation, refuse, remove, restrict access to, limit the availability of, or disable any of  Your Contributions or any portion thereof; (4) in Our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are burdensome to Our systems; (5) manage the Site in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Site; and (6) report any suspected illegal activity to the proper authorities. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in termination or suspension of  Your rights to use the Site as well as prosecution to the fullest extent of the law.

 

 

LICENSE TO CONTRIBUTION

 

We do not assert ownership over Your Contributions. You retain ownership of all of Your Contributions and any intellectual property rights or other proprietary rights associated with Your Contributions.  However, by posting Your Contributions to any part of the Site, You grant to Us, the owner of the User account to which the Contribution was made, and Our affiliates, licensees, successors, agents and assigns an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, to prepare derivative works of, and distribute the Contributions (including, without limitation, Your image and likeness and voice) for any purpose, commercial or otherwise, and grant and authorize any sublicenses of the foregoing in any media formats and through any media channels now known or hereafter developed.

 

This includes Our use of Your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images featured in the Contributions.

 

We have the right, in Our sole and absolute discretion, (1) to edit, redact, blur, or otherwise change any Contributions; (2) to re-categorize any Contributions on the Site; and (3) to pre-screen, edit, or remove any Contributions at any time and for any reason, without notice. We have no obligation to monitor Contributions.  

 

Upon upload, You also grant to the other Users an irrevocable, fully paid, global sublicense to display and reproduce Your Contributions in any medium now known or later developed.

 

 

LIMITATIONS ON LICENSE TO CONTRIBUTIONS

 

We don’t train generative AI models on Your Contributions.  We will not use the sublicense rights to permit anyone other organization to train generative AI models on your Contributions. We will use artificial intelligence for the purpose of categorizing and cataloguing Contributions for searching; grouping of like faces or facial features in your Contributions;  flagging Contributions for human review; or censoring or removing Contributions that violate any of our terms of service or any law, regulation, or treaty. We will not use facial recognition to identify or “link” any individual person’s personally identifiable information to a photograph without their express opt-in to use such a feature. We prohibit users where biometric information privacy laws prohibit from using any facial recognition features that may be available on the Site.

 

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by You to Us are non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original works of authorship.

 

THIRD-PARTY WEBSITES AND CONTENT

 

The Site may contain (or You may be sent via the Site) links to or plugins that connect to services provided by other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by You shall not hold Us responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.  You shall hold Us harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

 

 

PRIVACY POLICY

 

We care about data privacy and security. Please review Our Privacy Policy at https://SNAPSPACES.co/privacy. By using the Site, You agree to be bound by Our Privacy Policy, which is incorporated into these Terms of Use.

 

 

TERM AND TERMINATION

 

These Terms of Use shall remain in full force and effect while You use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING REMOVING USERS OR ACCOUNTS, OR BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

 

If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.

 

 

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right, at Our sole discretion, to change, modify, or remove Content or features of the Site at any time or for any reason without notice. We also reserve the right to change, modify, or discontinue all or part of the Site without notice at any time.  You shall hold Us harmless for any modification, price change, suspension, or discontinuance of the Site or Content thereon.  

 

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

 

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You.

 

You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by  Your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate Us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

 

 

GOVERNING LAW

 

These Terms shall be governed by and defined following the laws of the Commonwealth of Virginia in the United States. You irrevocably consent that the courts of Richmond, Virginia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

 

 

DISPUTE RESOLUTION

 

Informal Negotiations

 

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either You or Us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided for below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

 

Subject to the exceptions herein, if the Parties cannot resolve the dispute informally, the Parties shall resolve any dispute through binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, or a panel of three arbitrators, one appointed by each party, and the third appointed by the first two arbitrators.

 

The Parties shall request the AAA to appoint one or more of the arbitrators, as applicable, if

within twenty (20) Business Days of either party requesting arbitration, the other party fails to appoint an arbitrator, or within [20] Business Days of the appointment of the second arbitrator, the first two arbitrators cannot agree on the appointment of a third arbitrator.

 

The prevailing party shall be entitled to all reasonable filing, legal, administrative, and arbitrator fees, and the arbitration award will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.

 

Restrictions

 

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually, and not as a Class Action. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

 

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of Our Content, Marks, or other intellectual property rights; or (b) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, to which both Parties submit to personal jurisdiction.

 

 

ACCURACY AND CORRECTIONS

 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

 

 

DISCLAIMER

 

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. You AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE, THE CONTENT, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. YOU SHALL HOLD US HARMLESS FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) DAMAGE OR HARM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

 

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT MONITOR TRANSACTIONS BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

 

LIMITATIONS OF LIABILITY

 

YOU SHALL NOT HOLD OUR DIRECTORS, SHAREHOLDERS, OWNERS, AFFILIATES, PARENT COMPANIES, SUBSIDIES, EMPLOYEES, OR AGENTS LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING MISAPPROPRIATION OF IMAGE AND LIKENESS, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO  THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO Us DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $600.00 USD. IN THE EVENT THAT CERTAIN UNITED STATES LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

 

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1)  Your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of  Your representations and warranties set forth in these Terms of Use; (5)  Your violation of the rights of a third party, including but not limited to intellectual property rights and rights of publicity; (6) any illegal activity  You commit while using the Site, or (6) any overt harmful act committed by You using the Site. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

 

USER DATA

 

We will maintain certain data that You transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to  Your use of the Site. You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Site. You shall hold Us harmless with no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against Us arising from any such loss or corruption.

 

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending Us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY Us OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

 

MISCELLANEOUS

 

These Terms of Use and any policies or operating rules posted by Us on the Site or in respect to the Site constitute the entire agreement and understanding between You and Us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of Our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against Us by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.  Any and all disputes arising out of Your use of the Site and/ or out of this Agreement shall be governed by and brought under the laws in and for Richmond, Virginia, to which jurisdiction and venue You irrevocably submit.

 

Privacy and Data Collection

Any User data collected during use of the Website is governed by Our Privacy Policy. Please review our Privacy Policy at https://snapspaces.co/privacy. You grant Us the right to collect and use all information regarding Your use of Our Website in any manner consistent with our Privacy Policy.

 

 

DMCA

We values others’ intellectual property and thoroughly investigates all curated images to ensure they are properly licensed, attributed, or in the public domain. If You believe Your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that You claim has been infringed; (3) A description of where the material that You claim is infringing is located on the Website; (4) Your address, telephone number, and e-mail address; (5) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Website is: hello@snapspaces.co

 

 

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact Us at:

Live Oak Digital, LLC

hello@snapspaces.co