Snippet and Ink Corp., (“Snippet and Ink,” “we,” “us,” “our”) owns and operates the Snippet and Ink website, http://www.snippetandink.com, and any other linked and related pages, content, features, products, software, and tools offered by Snippet and Ink (the “Services”).
YOUR ACCEPTANCE OF TERMS
MODIFICATION OF TERMS
Snippet and Ink reserves the right, in its sole discretion, to modify the Terms of Service at any time by posting a notice on the Snippet and Ink website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notice constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
ELIGIBILITY TO USE SERVICES
You must be 13 years or older to use our Services. If you believe that a child under 13 has used our Services and provided us any information, please contact us at email@example.com. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.
By accessing the Services, you represent and warrant to Snippet and Ink that: (i) you are an individual (i.e., not a corporation) at least 13 years old; (ii) you are of legal age to form a binding contract or have your parent’s permission to do so; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.
You and other users may provide information which may be used by Snippet and Ink in connection with your use of Snippet and Ink, which may be visible to certain other users. By posting comments, information, images, video, blogs, or other content on Snippet and Ink (collectively, “User Submissions”, also known as the “Content”), or otherwise providing User Submissions to Snippet and Ink or in connection with the Services, you hereby grant to (i) Snippet and Ink a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable, transferable right to fully exploit (including without limitation, reformatting, modifying, creating derivative works of, and translate) such User Submissions (including all related intellectual property rights) in connection with the Services and Snippet and Ink’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (or any derivative works thereof) in any media formats and through any media channels, and to allow others to do so; and (ii) each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.
The foregoing license grant to Snippet and Ink does not affect your ownership of or right to grant additional non-exclusive licensees to the material in your User Submissions, unless otherwise agreed in writing. You, not Snippet and Ink, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Snippet and Ink and to grant Snippet and Ink the rights to use such information in connection with the Services and as otherwise provided herein.
You understand that all information publicly posted on Snippet and Ink or privately transmitted to Snippet and Ink is the sole responsibility of the person from which such content originated and that Snippet and Ink will not be liable for any errors or omissions in any such content. You understand that Snippet and Ink cannot guarantee the identity of any users with whom you may interact in the course of using Snippet and Ink. Additionally, Snippet and Ink cannot guarantee the authenticity of any information, including submissions or comments of any kind, which users may provide. You acknowledge that all Content and User Submissions accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
YOUR REPRESENTATIONS AND WARRANTIES
Representations. You agree that you will not use Snippet and Ink or contribute or submit any content to Snippet and Ink, including but not limited to submissions for Real Weddings, Sunday Editions, or user comments that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (v) misrepresents the source or identity of any content; or (vi) impersonates, or falsely indicates an affiliation with, any person or entity.
Copyrights. All materials displayed or performed on the Services, or which may be made available for your download, including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations video and User Submissions, are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. The Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Personal, Non-Commercial Use. The Services, and their Contents are intended solely for your personal, non-commercial use (except as specifically and expressly agreed in writing by Snippet and Ink in connection with a specific feature of the Service only) and may only be used in accordance with the terms of this Agreement. You may download or copy the Content for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not copy or store any Content except for personal, non-commercial use unless you have prior written permission from an officer of Snippet and Ink, or from the copyright holder identified in such Content’s copyright notice. You shall not store any significant portion of any Content in any form.
Guidelines for Posting and/or Viewing. Without limiting the other terms and conditions in this Agreement, you acknowledge and agree to the following guidelines for posting and/or viewing User Submissions and other Content on or through the Services:
- Any comment made using your identity or screen name will be deemed to have been posted by you.
- Keep all comments relevant and “on topic” to the particular Service posting that is open for comments.
- You shall not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
- You shall not make false or misleading statements.
- You shall not offer to sell or buy any product or service, or post links to third party websites, without prior written permission from Snippet and Ink in connection with a feature of the Services.
- You shall not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.
- You shall not post information that is confidential or sensitive.
- You shall not post any content that objectionable or illegal (as described below), or could create a risk of harm, loss or damage of any kind.
- You are solely responsible for the content that you post on or through the Services, any material or information that you transmit to other users and for any interactions with other users.
Objectionable or Illegal Content. You agree that you will not use the Services to send or post Content of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane (unless such use is warranted within the topic area of a particular message board, as determined by Snippet and Ink in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation. You agree not to use the Services to distribute or send any illegal Content of any kind. Posting illegal Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
Links. If you link to the Services, Snippet and Ink may revoke your right to so link at any time, at Snippet and Ink’s sole discretion. Snippet and Ink reserves the right to require prior written consent before linking to the Services.
Company’s Right to Monitor. Snippet and Ink has no obligation and assumes no responsibility for monitoring the Services or User Submission for inappropriate Content or conduct of its users. However, Snippet and Ink reserves the right to monitor, block or remove Content (including disabling access to User Submissions that you have downloaded through the Service) for any or no reason without notice to you. If Snippet and Ink chooses, in its sole discretion, to monitor the Services, Snippet and Ink assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the user submitting any such Content.
Company’s Right to Remove Content. Snippet and Ink reserves the right to remove any Content from the Services at any time, for any reason or no reason in its sole discretion.
No Endorsement. You acknowledge that Snippet and Ink does not endorse or guarantee any user posts, comments, video, or other User Submissions and you may not state or imply any such endorsement or guarantee.
All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of Snippet and Ink, its affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to Snippet and Ink or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of Snippet and Ink, its affiliates, or any third party.
You agree to indemnify and hold Snippet and Ink, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
To the fullest extent allowed by applicable law, in no event shall Snippet and Ink or its suppliers , or their respective officers, directors, employees, or agents be liable with respect to the services of the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of $100 or the fees paid by you therefore; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond Snippet and Ink’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Subject to the arbitration provision and for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
Snippet and Ink has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). It is Snippet and Ink’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; (2) notify the content provider, member or user that it has removed or disabled access to the material; and (3) remove and discontinue access by and service to repeat offenders. If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement to firstname.lastname@example.org.
If you have any questions or notices of violation of this Agreement, please contact the editor of the website or service in question, or send an email to email@example.com.
Snippet and Ink aims to provide unbiased editorials. However, we wish to disclose that (i) we receive free products from marketers that we sometimes review or discuss in our editorials, (ii) we may run advertisements on our sites and Services concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation, and (iii) we may sometimes use affiliate links when linking to products or companies for which we sometimes receive compensation.