Terms of service
Purpose
Welcome to the SNAPTASTE Inc. website (referred to as the “Site”), encompassing our website, mobile website, and mobile. This Terms of Use Agreement (“Agreement”) establishes the understanding between SNAPTASTE Inc. and each user (“User,” “Your,” or “You”) regarding your use of the Site, the SNAPTASTE Inc. Privacy Policy (“Privacy Policy”), and the SNAPTASTE Inc. California Privacy Policy (“California Privacy Policy”). Please carefully and thoroughly review this agreement before using the Site or providing any personal information to us.
By utilizing the Site, making product orders, using any services offered through this Site, or sharing personal information with us, you acknowledge and agree that:
(i) You have read and comprehended the terms of this Agreement.
(ii) You accept and consent to be bound by the terms of this Agreement.
(iii) You agree to adhere to all relevant laws and regulations pertaining to the subject matter of this Agreement.
IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR OTHERWISE UTILIZE THE SITE, PLACE ANY PRODUCT ORDERS, OR PROVIDE US WITH ANY PERSONAL INFORMATION.
The terms of use outlined in this Agreement may undergo periodic changes and can be revised at our discretion by updating this post at any time and for any reason. We recommend visiting this page periodically to review the current terms of use, as they are legally binding upon you. Continued use of the Site implies your acceptance of any alterations or amendments to this Agreement. If you find any modification unacceptable, your sole option is to terminate this Agreement by contacting [email protected]. Legal notices or terms found on specific pages of the Site may supersede certain provisions of the terms of use within this Agreement.
When using our Site or placing orders for any of our products, you affirm and agree that you are at least 18 years of age or older and possess the full capacity and competence to accept the terms, conditions, representations, and warranties outlined in this Agreement. If you are under the age of 18, you are not allowed to use this Site.
To access certain features of the Site, you may need to create an account. When establishing an account, you must provide accurate and complete information, and you are prohibited from using a false identity or the identity of another individual. Additionally, you commit to promptly updating this information to ensure it remains accurate, truthful, complete, and current. If you supply inaccurate, false, incomplete, or outdated information, or if we suspect, at our sole discretion, that the information provided is inaccurate, false, incomplete, or outdated, we reserve the right to suspend or terminate your account and prohibit your present and future use of the Site or any portion thereof. During the registration process, you will create a username and password. You are responsible for maintaining the confidentiality of your account and password and assume full responsibility for all activities occurring under your account or password. You also agree to promptly notify us of any unauthorized use of your account or password or any other security breaches and to ensure that you log out of your account at the end of each session. You accept responsibility for all charges incurred through the use of your account on the Site, including charges resulting from unauthorized use. We disclaim liability for any loss or damage resulting from your failure to comply with this section.
You commit to using the Site for lawful purposes and acknowledge your responsibility for your use of the Site and your communications therein. You agree not to post or transmit unlawful, infringing, defamatory, obscene, indecent, threatening, offensive, or otherwise objectionable material of any kind, including any content that promotes illegal activities or conduct that would result in civil liability, infringes upon the intellectual property rights of others, or violates applicable local, state, national, or international laws. You also pledge not to use the Site in a manner that disrupts its normal operation or infringes on others’ use of the Site.
You agree to access the Site solely through the interface we provide. Displaying or running the Site or any information or material from the Site within frames or through similar means on another website without our prior authorization is prohibited. Any permitted links to the Site must comply with all applicable laws, rules, and regulations.
We make no representation that the materials on the Site or the products described or offered on the Site are suitable or available for use in jurisdictions outside the United States or that this Agreement complies with the laws of any other country. Users accessing the Site from outside the United States do so at their own discretion and risk and are responsible for complying with all relevant laws and regulations. You pledge not to access the Site from any location or territory where its contents are illegal and acknowledge that you, not us, are responsible for compliance with all applicable laws and regulations.
This Agreement remains in effect until terminated by either party. We reserve the right, at our sole discretion, to suspend or terminate this Agreement at any time without notice, thereby denying you access to the Site or any portion thereof. You may terminate this Agreement at any time by contacting [email protected] and discontinuing all use of the Site. Upon termination by either party, you must destroy all materials obtained from the Site, including all copies of such materials, whether created under the terms of use in this Agreement or otherwise. We reserve the right to modify or discontinue, temporarily or permanently, the Site or any portion thereof with notice to you.
We retain the right to terminate any account in cases of fraudulent orders or disputed credit card charges. You agree that we may terminate or suspend your access to all or part of the Site, with or without notice, for any conduct that we, at our sole discretion, believe violates any part of this Agreement, laws, or regulations or is detrimental to another user, us, or our affiliates.
The following provisions will survive the termination of this Agreement, whether initiated by us or by you: Copyright Infringement Policy, Privacy, Liability Disclaimer, Indemnification, Copyrights, Trademarks, and Intellectual Property, Severability; Interpretation, Applicable Law; Jurisdiction, Dispute Resolution & Class Waiver, and Miscellaneous.
Periodically, the SNAPTASTE INC. Site may contain links to other websites not controlled and/or maintained by SNAPTASTE Inc. Accessing and using such other websites is at your own risk and is subject to any Terms of Use and Privacy Policies governing those websites. By providing these links, SNAPTASTE Inc. does not endorse, recommend, approve, guarantee, or introduce any third parties, their services or products, or any information, views, advice, promotions, or products found on those websites. SNAPTASTE Inc. bears no responsibility for the content found on such websites or for the performance of products or services offered for sale or advertised on those websites, nor for any resulting damages. Copyrights for materials or information on linked websites are owned by other organizations. Moreover, these other websites may have privacy policies or Terms of Use that differ from those of the SNAPTASTE INC. Website and may provide their users with less security than the SNAPTASTE INC. Website.
All User Generated Content must adhere to the following guidelines, which are an integral part of this Agreement.
In certain sections of this Site, visitors may have the opportunity to post comments, information, reviews, creative works (including but not limited to text, images, and photos), or other materials (referred to as “User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. Furthermore, you acknowledge and agree that SNAPTASTE Inc. assumes no responsibility for, and makes no representations regarding, any User Content posted on this Site. SNAPTASTE Inc. will not be held liable for any User Content that violates these Terms of Use.
Regarding all User Content you post, you declare and warrant that:
(i) The material is either entirely original to you, or you possess all the necessary rights, licenses, and permissions to post the material on this Site, including but not limited to all copyright and right of publicity/privacy rights.
(ii) Such User Content will not infringe or violate the rights of any person or entity, or any governmental rule, regulation, statute, or law, or the Terms of Use.
(iii) No monetary obligations will arise for any party due to the posting or use of the User Content or its use as outlined by these Terms of Use.
(iv) You will be held responsible for all User Content submitted through your account, and for all intents and purposes under these Terms of Use, all User Content submitted from your account will be considered as submitted by you.
SNAPTASTE Inc. does not endorse any User Content and explicitly disclaims any and all liability associated with any User Content. Nevertheless, concerning User Content posted on this Site, in addition to all other rights granted under this Agreement, at law or in equity, SNAPTASTE Inc. retains the right, at its sole and absolute discretion, to remove without notice or refuse to post any User Content in the first instance.
Any private or public communications, including User Content, intended for posting on the Site must adhere, according to the sole and exclusive judgment of SNAPTASTE Inc., to the following rules and standards. It must:
(i) Comply with all applicable laws, including intellectual property, privacy, and defamation laws.
(ii) Be appropriate in the context of the general purposes of the Site.
(iii) Not be vulgar, derogatory, obscene, pornographic, patently offensive, defamatory, hateful, abusive, or promote racism or discrimination of any kind.
(iv) Not provide personal information or solicit such information from any other user of the Site.
(v) Not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming,” or “phishing.”
(vi) Not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware, or any malicious software or code.
(vii) Not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses, and permissions needed to post the material and have it used as contemplated by these Terms of Use.
By submitting User Content, you hereby grant SNAPTASTE Inc. a perpetual, unrestricted, non-exclusive, fully sublicensable, irrevocable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content across the world in any media. Please refrain from sharing anything you do not wish to share with the general public. You represent and warrant that the User Content you posted does not violate the privacy or publicity rights, copyrights, contract rights, or any other rights, including moral rights, of any person. We shall not be held liable for any User Content, including any errors or omissions, or any loss or damage incurred as a result of the use of any User Content in any manner. We are not responsible for any user’s use or misappropriation of any User Content you submit.
You understand that we may preserve User Content and may disclose User Content if required by law or in good faith belief that such preservation or disclosure is reasonably necessary to comply with legal processes, enforce this Agreement, respond to claims that any User Content violates the rights of third parties, or protect the rights, property, or personal safety of us, our users, and the public. You also understand that the technical processing and transmission of the Site, including your User Content, may require transmitting over different networks and changes to conform to the technical requirements of connecting devices or networks.
Ensuring your privacy and security is of utmost importance to us here at SNAPTASTE Inc. We kindly request that you take a moment to familiarize yourself with the SNAPTASTE Inc. Privacy Policy and the SNAPTASTE Inc. California Privacy Policy. These policies govern the handling of personal information acquired from you or provided by you on the Site.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. SNAPTASTE INC. AND ALL AFFILIATED COMPANIES, ALONG WITH THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES, AS WELL AS THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “JCG MAGAZINE ENTITIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SNAPTASTE INC. MAKES NO WARRANTY THAT:
1. THE SITE OR ANY PRODUCT WILL MEET YOUR SPECIFIC REQUIREMENTS.
2. THE SITE WILL OPERATE TIMELY, SECURELY, ERROR-FREE, OR WITHOUT INTERRUPTION.
3. THE RESULTS OBTAINED FROM THE SITE WILL BE ACCURATE OR RELIABLE.
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
5. ANY ERRORS ON THE SITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR SOLE DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD. NO INFORMATION OBTAINED FROM SNAPTASTE INC. THROUGH THE SITE SHALL CREATE ANY WARRANTY REGARDING THE SITE OR ITS PROGRAMS THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT.
You agree to indemnify SNAPTASTE INC., along with each of its parent, subsidiary, and affiliated entities, providing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees, and partners, against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including but not limited to attorneys’ fees). This indemnification is related to or arising from:
(i) Your breach or alleged breach of any of the representations and warranties you have made in these Terms of Use.
(ii) Your use of the Site.
(iii) Any violation of these Terms of Use.
You acknowledge that your representations and warranties, as well as your obligation to indemnify SNAPTASTE INC., will continue beyond the term during which these Terms of Use are in effect.
The trademarks, service marks, trade names, and logos (collectively known as “Marks”) displayed on the Site belong exclusively to SNAPTASTE INC. Furthermore, all page headers, custom graphics, and custom icons are recognized as Marks of SNAPTASTE INC.
This Agreement represents the sole understanding between you and us concerning the subject matter outlined herein. It prevails over any prior or concurrent agreements, representations, warranties, or understandings, whether written or verbal, regarding the subject matter at hand.
If any part of this Agreement is considered void, illegal, or unenforceable for any reason, that specific provision will be removed from this Agreement, and the remaining provisions will continue to be valid and enforceable. In this Agreement, the term “including” will be understood to mean “including but not limited to.”
All matters related to the construction, validity, enforcement, and interpretation of this Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to any choice of law or conflict of law principles.
To the maximum extent allowed by law, both you and SNAPTASTE Inc. agree to resolve any disputes, claims, or controversies arising from or related to this Agreement, including but not limited to claims based on contract, tort, negligence, or statutory or regulatory provisions, through arbitration. EACH PARTY WAIVES THEIR RIGHT TO LITIGATE SUCH DISPUTES IN COURT OR HAVE THEM HEARD BY A JUDGE OR JURY.
EXCEPT FOR CLAIMS INVOLVING INTELLECTUAL PROPERTY RIGHTS, YOU AND SNAPTASTE INC. EXPRESSLY AGREE TO RESOLVE ANY DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT THROUGH ARBITRATION. THIS AGREEMENT TO ARBITRATE ALSO APPLIES TO ANY DISPUTES ABOUT WHETHER THE AGREEMENT IS UNCONSCIONABLE OR ILLUSORY AND ANY DEFENSE TO ARBITRATION. YOU FURTHER AGREE THAT ANY ARBITRATION SHALL ONLY BE BROUGHT ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR IS PROHIBITED FROM CONSOLIDATING CLAIMS FROM MULTIPLE INDIVIDUALS OR ENTITIES, AND CANNOT PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.
The mutual commitment by both you and SNAPTASTE INC. to arbitrate all disputes, and to do so individually, instead of resorting to litigation, serves as the consideration for this arbitration agreement.
Either party may initiate arbitration by providing written notice to the other party, outlining the claims in sufficient detail. The request for arbitration must be made within the time period specified by the applicable statute of limitations.
Both parties have the right to be represented by an attorney or other representative of their choice during the arbitration process. Both parties agree to comply with and carry out any award issued by the arbitrator. The arbitrator will provide a written award that includes essential findings and conclusions. The award may be enforced in any court with jurisdiction.
To the fullest extent permitted by law, you agree that you will not seek or be entitled to punitive, incidental, or consequential damages, or any other damages, including attorneys’ fees, and you waive the right to have damages multiplied or increased. Any claims, judgments, and awards will be limited to your actual out-of-pocket expenses, excluding attorneys’ fees and costs.
Notwithstanding any contrary provisions in these Terms of Use, if SNAPTASTE INC. believes there is a violation or potential violation of its intellectual property rights, it may seek injunctive or other appropriate relief against you and/or others in any state or federal court in California. In such cases, you consent to the exclusive jurisdiction and venue of such court.
You may not transfer this Agreement, whether through legal means or otherwise, without obtaining our prior written consent. However, within this limitation, this Agreement will remain binding and beneficial to the involved parties, including their respective successors and assignees.
The failure of SNAPTASTE Inc. to enforce strict compliance with any provision of this Agreement will not be considered a waiver of that provision, nor will it diminish the right of that party to demand strict adherence to that provision or any other part of this Agreement at a later time. You agree that, regardless of any conflicting statute or law, any claims or causes of action arising from or related to the use of the Site or this Agreement must be filed within one (1) year from when such claim or cause of action arose. Failure to do so will result in the permanent bar of such claims or causes of action. The “Liability Disclaimer” clauses in this Agreement are designed for the benefit of SNAPTASTE Inc. and its defined entities, and each of these individuals or entities may independently assert and enforce these provisions against you.