By registering for and/or using the Services through Our Website, and/or Our App through Your mobile phone and/or through any of Your other mobile devices, You represent and warrant that You are:
Your use of Our Website and/or Our App is subject to all applicable laws and regulations, and You are solely responsible for the substance of Your communications through Our Website and/or Our App. By posting photographs or information in or otherwise using any communications service, comments service, tag service, chat room, message board, newsgroup, software library or other interactive service that may be available to You on or through Our Website and/or Our App, You agree that You will not upload, share, post or otherwise distribute or facilitate distribution of any content, including, but not limited to, photographs, text, communications, software, images, sounds, data and/or other information, that:
Our Website and/or Our App may include links to other websites or otherwise include references to information, photographs, documents, software, materials and/or services provided by third parties. These websites may contain photographs, information and/or material that some people may find inappropriate or offensive. These other websites and third parties are not under Our control, and You acknowledge and agree that We are not responsible for the accuracy, copyright compliance, legality, decency and/or any other aspect of the content of such websites, nor are We responsible for errors or omissions in any references to third parties or their products and/or services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, Our Website, Our App or by Us, OR ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Contact: SnapCheer - Legal, “Designated Agent” Address: 604 Arizona Ave, Santa Monica, CA 90401 Phone: (310) 450-7625 Email: email@example.com You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, We may immediately remove the identified materials from Our Website and/or Our App without liability to You or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ALL MATERIALS AND SERVICES ON Our Website and/or ON Our App ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES AND/OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR MATERIALS WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES AND/OR INFORMATION PURCHASED OR OBTAINED BY YOU USING Our Website and/or Our App OR FROM US AND/OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. Our Website and/or Our App COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND/OR SERVICES AVAILABLE ON Our Website and/or Our App, INCLUDING, BUT NOT LIMITED TO, ANY PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED, AT ANY TIME WITHOUT NOTICE. THE MATERIALS AND/OR SERVICES AVAILABLE ON Our Website and/or Our App MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS AND/OR SERVICES. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH Our Website and/or Our App IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, mobile phone and/or any other mobile device AND/OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. Through Your use of Our Website and/or Our App, You may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise and/or services offered by any third party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and You. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH Our Website and/or Our App, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH Our Website and/or Our App FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OF OUR AFFILIATES. Content available through Our Website and/or Our App may represent the opinions and judgments of an information provider, website user or other person or entity not connected with Us. We do not endorse, nor are We responsible for the accuracy and/or reliability of, any opinion, advice or statement made by anyone other than an authorized spokesperson of Ours speaking in such authorized spokesperson’s official capacity. You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that We have no control over third party networks that You may access in the course of Your use of Our Website and/or Our App, and therefore, delays and disruption of other network transmissions are completely beyond Our control. You understand and agree that the Services are provided “AS IS” and that We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY SIMILAR DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF Our Website and/or Our App OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM Our Website and/or Our App. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED DOLLARS ($100.00). FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH Our Website and/or Our App OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH Our Website and/or Our App, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. YOU AGREE THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTIONS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY USE OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION OR ADVERTISING OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by Us, You agree to defend, indemnify and hold Us and Our Affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from Your use or misuse of Our Website and/or Our App. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree to cooperate with Us in asserting any available defenses.
You are solely responsible for maintaining the confidentiality of Your password and account, if any, and for any and all statements made and acts or omissions that occur through the use of Your password and/or account. Therefore, You must take steps to ensure that others do not gain access to Your password and/or account. Our personnel will never ask You for Your password. You may not transfer or share Your account with anyone, and We reserve the right to immediately terminate Your account if You do transfer or share Your account. You may not create an account through any unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler or scraper (collectively, the “Unauthorized Means Provision”). You may not create an account for anyone other than Yourself.
From time to time, Our Website and/or Our App may include advertisements offered by third parties. You acknowledge that We may not always identify paid advertisements as such. You may enter into correspondence with or participate in promotions of the advertisers showing their products and/or services on Our Website and/or Our App. Any such correspondence or promotions, including the delivery of and the payment for goods and/or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and the advertiser. We assume no liability, obligation and/or responsibility for any part of any such correspondence or promotion.
Although Our Website and/or Our App may be accessible worldwide, We make no representation that the materials on Our Website and/or Our App are appropriate and/or available for use in locations outside the United States, and accessing them from territories where such materials’ contents are illegal is prohibited. Those who choose to use Our Website and/or Our App from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with Our Website and/or Our App is void where prohibited.
Our Website (excluding any linked websites) and Our App are controlled by Us from Our offices located primarily within the State of California, United States of America. Our Website and Our App can be accessed from all fifty (50) states, as well as from other jurisdictions and countries around the world. As each of these places has laws that may differ from those of California, by using Our Website and/or Our App both parties agree that the statutes and laws of the State of California, without regard to California’s conflicts of laws principles, and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of Our Website and/or Our App and the purchase of products and/or services available through Our Website and/or Our App. The parties agree and hereby submit to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of California with respect to such matters.