Updated: 21 March 2012
The following describes the terms on which Snapped4U, LLC (hereinafter, "Snapped4U") offers you access to our services.
Welcome to Snapped4U! By using Snapped4U (including Snapped4U.com and its services and tools), you accept the following Terms and Conditions (hereinafter, "Terms") and the general principles for the website. These Terms are effective upon acceptance.
These Terms will apply whenever you use Snapped4U services, or when you use the tools we make available to interact with the Snapped4U site and services. Changes to these Terms will be announced at news.Snapped4U.com
Snapped4U and the community work together to keep our Site and Services working properly and the community safe. Please report problems, offensive Content, and policy violations to abuse@Snapped4U.com.
Abuse of Snapped4U includes, but is not limited to, posting Prohibited Content and posting Content for any purpose other than the sale of that Content by Snapped4U.
Without limiting other remedies, we may limit, suspend, or terminate our Service and Photographer accounts, prohibit access to our Site and its content, services, and tools, delay or remove hosted Content, and take technical and legal steps to keep Photographers off the site if they are noncompliant, abusing Snapped4U, creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or otherwise acting inconsistently with the letter or spirit of our policies.
Snapped4U may change or implement fees and/or commissions on such things as (new) registrations, creating and posting galleries, and selling photos. If existing features are impacted by new fees or changes to existing fees, notice will be posted at news.Snapped4U.com 14 days prior to the effective date. In addition, you will have an opportunity to review and accept all fees before completing the transaction. We may choose to temporarily change a fee for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site.
When you use the Service, you become a participant in an online community of people who enjoy photography. In order for Snapped4U to make your photos available, Snapped4U requires a license to use all Content on the Service, in accordance with and subject to these Terms. Accordingly, as a condition to your use of the Service, when you give us Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the Content, in any media known now or in the future.
As a condition of uploading jpeg files to Snapped4U, the Photographer hereby grants Snapped4U a perpetual, universal, non-exclusive, royalty-free license to copy display, modify transmit, make derivative works of and distribute Photographer's files for the sole consideration of providing its services to Photographer. Notwithstanding the previous sentence, Snapped4U will not prevent or interfere with the Photographer's use of the Photographer's files in any way once the files are no longer posted at Snapped4U.com.
You will not hold Snapped4U responsible for other Photographers' Content, actions, or inactions. You acknowledge that Snapped4U is a venue to allow anyone to offer, sell, and buy jpeg files. We facilitate the transaction between buyers and Photographers by protecting the photo displayed, collecting payment from the buyers, delivering the photos (as jpeg files) to the buyers, and delivering payment to the Photographers.
Further, we cannot guarantee continuous or secure access to our Site, Services, or tools, and operation of our Site, Services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of, or your inability to use, our sites, services, and tools. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under Snapped4U Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
If you have a dispute, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Additionally, you agree that you will not:
We do not sell or rent your personal information. We view protection of Photographers' privacy as a very important community principle. You can access and modify the information you provide us by logging in to your account.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
Personal legal notices shall be served to the email address provided by the Photographer to Snapped4U during the registration process. It is the Photographer's responsibility to keep that address current. Other notices of interest will be posted at News & Kudos and on our Facebook page.
If a dispute arises between a Photographer and Snapped4U, our goal is to provide a neutral and cost effective means of resolving the dispute quickly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
The state and federal courts of Ohio are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue of the state and federal courts of the State of Ohio.
We may amend these Terms at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 14 days after they are initially posted.
These Terms constitute the entire agreement between you and Snapped4U governing your use of the Service. In the case of inconsistencies between these Terms and any information included in other materials (for example, promotional materials and mailers), these Terms will always control. The following Sections survive any termination of these Terms: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Resolution of Disputes.
Please report abuse of these Terms to abuse@Snapped4U.com.
Posted March 21, 2012.
Effective immediately for Photographers registered after March 21, 2012.
Effective April 5, 2012 for Photographers registered on or before March
21, 2012.