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Terms & Conditions

1. Acceptance of Terms: By entering and using the snapstation web site (hereinafter referred to as "Site"), you indicate that you accept the Terms and Conditions (hereinafter referred to as "Terms") and that you agree to be bound by and subject to them. Your use of the Site and its services (hereinafter referred collectively as the "Service") is entirely conditioned on and subject to your compliance with the Terms. If you do not agree with the Terms, do not proceed to access the Site or use the Service. In addition, specific pages on the Site may set out additional Terms and Conditions, all of which are incorporated by reference into the Terms. Terms may be changed or updated at any time, but you can always find the most recent version on the site. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. We suggest that you periodically check this page to make sure you are up to date. Acceptance of the Terms creates a binding legal agreement between you and snapstation, Inc. (hereinafter referred to as "snapstation") in that you will use the Service only in a manner that is consistent with the Terms. If you have questions regarding the Terms, please contact us at legal@snapstation.com.

2. Terms of Membership: snapstation membership (referred to as "Membership") is available to you if you are at least 13 years of age and you submit certain requested information to snapstation. In addition, by becoming a snapstation member (hereinafter referred to as “Member”), you agree to provide snapstation with true, accurate, current and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms or other informational requests).

Your account with snapstation is available for your personal, non-commercial use. You can allow other people to view selected images and/or albums in your account through the snapstation on-line share feature. The people you invite to view your images and/or albums through on-line share will be able to see the images you have selected for them and will not have access to your entire account. Linking directly to images on the snapstation servers from external sites is expressly prohibited.

3. Member Conduct: We are committed to ensuring that our Service remains a secure place to upload, store and share photographs and other content (the “Content”). We require that every user of the Service, whether or not such user is a Member, agrees not to use this Service to post, upload, store, share or otherwise obtain Prohibited Content. Generally, Prohibited Content includes (without limitation) any of the following types of Content:

a. Content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
b. Copyrighted material that is used without the express permission of the owner.
c. Content that violates or encroaches on the rights of others.
d. Content or other material that contains viruses, worms, corrupt files, Trojan horses and other forms of corruptive code or any other content, which may compromise the snapstation Service.
e. Content that advocates illegal activity.
f. Content that harms minors in any way.
g. Any links to the above.

snapstation has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. You acknowledge that although snapstation does not and will not examine and review all Content submitted or transmitted to the Service, snapstation has the absolute right (but not the obligation) to delete, move, and edit materials for any reason, at any time, without notice.

Notwithstanding the above, when you access the Site and/or use the Service, you acknowledge and agree that all Content (whether private or public) that is posted and stored on the Site is the sole responsibility of the person who submitted it for posting and/or storage. In other words, you are responsible for any Content that you submit. Moreover, you understand that by viewing the Site, you may be exposed to Content that you consider to be offensive and you take sole responsibility for such exposure. Finally, you acknowledge that snapstation in no way guarantees the accuracy, quality or appropriateness of Content available on the Site. In no event shall snapstation, Inc. (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any Content made available on or through the Service, including (without limitation) errors or omissions in such Content, and loss or damages incurred as a result of use of such Content.

Member agrees that Member will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Member may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.

4. Fees: snapstation reserves the right to charge fees for the Service and all applicable fees will be posted on the Site. Member hereby authorizes snapstation to charge Member's valid and current credit card in advance for all applicable fees incurred by Member in connection with Member's chosen Service and Member's Account. If Member registered for the Service using a promotional code, discount or trial offer after the initial trial period expires, Member's subscription will automatically be billed and will continue at the then-current prices for the Service, unless the service was terminated prior to the last day of the trial period. Member’s subscription period will begin once the introductory trial period ends. All fees shall be paid in U.S. dollars.

Snapstation reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades and/or a Service for which snapstation does not currently charge a fee) at any time, provided, however, that snapstation will provide Member with reasonable notice prior to making any fee changes. In addition, snapstation will also give Member reasonable notice before any modification to the Service that could adversely impact Member's Account. If Member finds any change to the Service to be unacceptable, Member is free to cancel any part of the Service or Member's Account at any time, but snapstation will not refund any remaining portion of Member's pre-paid fees when Member cancels any part of the Service or Member's Account and Member may be charged a cancellation fee.

Member agrees to pay Member's Account balance on time. Member also agrees to pay any taxes, including sales or use taxes, resulting from Member's use of the Service. Member is responsible and liable for any fees, including attorney and collection fees, that snapstation may incur in its efforts to collect any remaining balances due from Member. This Section shall in no way limit any other remedies available to snapstation. Member also acknowledges and agrees that Member will be billed for and will pay any outstanding balances if Member cancels Member's Account or Member's Account is terminated due to Member's breach of this Agreement. Member must notify snapstation of any billing problems or discrepancies within sixty (60) days after they first appear on Member's credit card account statement. If Member does not notify snapstation within sixty (60) days, Member waives any right to dispute such problems or discrepancies.

If Member has registered for a trial of the Service (hereinafter referred to as “Trial Period"), Member will have the entire Trial Period within which to purchase the Service Member is using in order to retain any Member Content that is in the Member Account that Member built during the Trial Period. If Member has not purchased the Service by the end of the Trial Period, all of the Member Content will be deleted. Snapstation is not responsible for any damages to Member in the event Member decides not to purchase the Service and snapstation deletes the Member Content after the Trial Period expires.

5. Customer Support: snapstation offers e-mail customer support services. Members in good standing may submit an unlimited amount of support related questions through the snapstation on-line customer support available on the Site.

6. No Resale of Service: Member agrees not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the service, or access to the Service for any commercial purposes.

7. Third Party Software: As a convenience to our Members, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that snapstation does not guarantee that any software downloaded through the Service will be free of viruses, worms, or Trojan horses or other forms of corruptive code. snapstation makes no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded through the Service. In no event shall snapstation (including its officers, directors, employees, affiliates and agents) be liable for claims of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.

8. Privacy Policy: We respect your privacy and have taken specific steps to protect it. Please see the snapstation Privacy Policy.

9. Copyright:

What You License to snapstation

When you join the snapstation Service, you become a participant in an online community of people who enjoy taking and sharing photographs. In order for snapstation to make your photos available to you and your invitees, we need the rights to make use of all Content on the Service. Accordingly, as a condition of your Membership, you hereby grant snapstation a perpetual, universal, nonexclusive right to copy, display, modify, transmit, make derivative works of and distribute any Content transmitted or provided to the Service by you, solely for the purpose of providing the Service. You remain the owner of all Content that you submit to the Service and as a condition to Membership, you represent and warrant to snapstation that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content.

Copyright Protection for Content on the Service

All the information, Content, image files, software and materials offered by our Service are protected by U.S. and international copyright laws and by other applicable laws. You understand that snapstation is unable to provide you with permission to copy, display or distribute material for which you do not own the copyright, and we do not provide others with such rights to your Content (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the copyright owner, and you are solely responsible for any copyright violations that you may incur as a result of your activities on the Service. snapstation has the absolute right to terminate your membership or exclude you from the Site if you use our Service to violate the intellectual property rights of third parties.

If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, snapstation has a process in place to respond to your concerns. Please see the snapstation Copyright Policy.

10. Indemnity:

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SNAPSTATION, INC. (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE) FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT.

11. No Warranty; Limitation of Liability:

USE OF SNAPSTATION'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. SNAPSTATION DOES NOT WARRANT THAT ITS SERVICES AND SYS¬TEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT SNAPSTATIONS'S SERVICES OR SYSTEM WILL MEET ANY PARTICU¬LAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES SNAPSTATION MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. SNAPSTATION'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUR¬POSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRAN¬TY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUM¬STANCES SHALL SNAPSTATION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROF¬ITS. WITHOUT LIMITING THE FOREGOING, SNAPSTATION WILL NOT BE LIABLE FOR DAM¬AGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF SNAPSTATION'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH SNAPSTATION'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF SNAPSTATION TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY CF ANY KIND, INCLUDING DUE TO SNAPSTATION'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO SNAPSTATION DURING THE SIX MONTH PERIOD PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILI¬TY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY MEMBER.


12. Non-transferability:

Member's account and right to use SNAPSTATIAON's services and system is not transferable without SNAPSTATION's consent. Member agrees to protect its password and account and to keep them secure from unauthorized users and use.

13. Termination:

You agree and acknowledge that snapstation, in its sole discretion, may terminate your Membership (or any part thereof) or use of the Service, and remove and discard any Content including, but not limited to, any and all information, communications, postings, albums, image files or any other content within the Service, at any time, without notice, for any reason, including but not limited to:

a. Conduct violating these Terms or other policies or guidelines set forth by snapstation elsewhere on the Site;
b. Conduct that snapstation believes is harmful to other snapstation users, the business of snapstation, or other third party information providers;
c. Failure to continue Active Membership; and
d. Conduct that violates the letter or spirit of these Terms.

Further, you agree that snapstation shall not be liable to you or any third-party for any termination of your access to the Service.

14. Choice of Law:

The state and federal courts of Rhode Island shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions. You consent to personal jurisdiction and venue by the state and federal courts of the State of Rhode Island.

15. Modification:

Snapstation reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Service, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Service, with or without notice. Member agrees that snapstation shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Service. Member further agrees that snapstatiaon shall have the right to remove any feature from the Member Account, with or without notice to Member, at any time at snapstation's sole discretion, if snapstation discontinues offering the feature for any reason. If Member does not agree to any such modifications, Member's sole and exclusive remedy is to cancel Member's Account.

16. Entire Agreement:

These Terms constitute the entire agreement between you and snapstation and govern your use of the Service, superseding any prior agreements between you and snapstation. In the case of inconsistencies between these Terms and information included in off-line materials, (e.g., promotional materials and mailers), these Terms will always control. You may also be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software.

The failure of snapstation to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17. Reporting Violations:

You can report abuse of these Terms to abuse@snapstation.com.