Updated: 21 March 2012
Terms and Conditions
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
- Only registered Photographers may upload jpeg files ('Content') and create galleries of photos to sell on Snapped4U.com. Accurate identification and publicity of the gallery is the Photographer's responsibility.
- Snapped4U will make every effort to protect the Photographer's personal information.
- The sole purpose of posting galleries at Snapped4U.com must be the sale of jpeg files through Snapped4U.com. Galleries posted for any other purpose are considered noncompliant with the principles of the website and will be removed. A Photographer's Account may be permanently deleted for noncompliance.
- Photographers should always preserve original Content, or make back-up copies of such Content, on a personal system. Snapped4U should never be used as the sole repository or other source for Content.
- A Photographer's Account is credited for each photo sold. On the 1st and 15th of each month, the Photographer's Snapped4U Account balance is paid to his PayPal Account. For this reason, both the Snapped4U Account and the PayPal account must be registered to the same email address.
- Fees and/or commissions for using Snapped4U services such as (new) registrations, creating or posting galleries, and/or selling photos may be changed or implemented at any time. 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.
- Photographers have the option to limit the display of a gallery. By assigning a password, they can create a Private Gallery. Otherwise, the photos may be viewed and purchased by the public.
- No inappropriate photos or messages will be tolerated. Appropriateness of postings will be determined by Snapped 4U, and the removal of inappropriate material ("Prohibited Content") will be at the sole discretion of Snapped4U. See also "Registered Photographer Conduct," section A, for a description of Prohibited Content. Posting Prohibited Content is noncompliant with the principles of the website, and a Photographer's Account may be permanently deleted for noncompliance.
Snapped4U's policy regarding posted galleries includes the following:
- Galleries/photos posted on Snapped4U must be limited to subjects who have given permission to be photographed, and photos of children may only be posted if a parent or guardian has agreed to the photography.
- Photos should be taken only in public places or on private property where permission of the owner is obtained in advance.
- Prior to posting photos that contain Content which is protected by U.S. and/or international copyright laws and/or other applicable laws, the Photographer must obtain the consent of the copyright owner to photograph and display the protected Content. These responsibilities lie with the Photographer, not with Snapped4U.
- Snapped4U will communicate with Photographers via messages at news.Snapped4U.com. Communication may also be via email and the Snapped4U Facebook page.
- Snapped4U reserves the right to remove Content and to permanently delete a Photographer's Account in its sole discretion at any time. Snapped4U also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, and to modify or discontinue the Snapped4U site, services, or tools.
Registered Photographer Conduct
- All Content that is uploaded to the the Snapped4U Site ("Site") is the sole responsibility of the registered Photographer who submitted it.
- Snapped4U in no way guarantees the accuracy, quality, or appropriateness of content available through the Snapped4U Service ("Service").
Snapped4U is committed to ensuring that the Service remains a fun and safe
place to upload and sell jpeg files. Photographers may not use the Site to
process Prohibited Content. Generally, Prohibited Content includes content
or other material that Snapped4U believes:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
- Comprises copyrighted material used without the express permission of the owner;
- Violates or otherwise encroaches on the rights of others;
- Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other Content which may compromise the Service;
- Advocates illegal activity;
- Harms anyone, including minors; or,
- Provides a link to any of the above.
- Snapped4U has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination. Although Snapped4U does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Snapped4U may delete, move, and edit Content for any reason, at any time, without notice.
- By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure. Please report offensive Content to email@example.com.
- Photographers who post Fundraising Galleries must donate funds as promised. Snapped4U will randomly confirm receipt of the donations by the charitable organization. Photographers who fail to donate as promised are considered noncompliant with the Terms.
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.
Fees and Services
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.
Limitation of Liability
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.
Access and Interference
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any Content (except for your information) from the Site without the prior express written permission of Snapped4U and the appropriate third party, as applicable; or
- interfere or attempt to interfere with the proper working of the Site, Services, or tools, or any activities conducted on or with the Sites, Services, or tools.
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.
Resolution of Disputes
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.
Choice of Law
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.
- The failure of Snapped4U to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
- Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
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.