Snapshot Terms of Use

Last updated: 4/21/23

Welcome to Snapshot, (“the App”) a product by The SnapBar, LLC (”Snapbar”). By accessing or using Snapshot, you agree to be bound by these Terms of Use ("Terms") as well as Snapbar’s Privacy Policy. If you do not agree with these Terms, please do not use Snapshot.

Use of Personal Information

Your use of the App may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed according to our Privacy Policy (located at https://thesnapbar.com/privacy-policy), which is hereby incorporated by reference in its entirety. We reserve the right to update or change our Privacy Policy at any time. Use of Snapshot and acceptance of these Terms of Use also acts as an agreement to our Privacy Policy.

License to Use

Subject to your compliance with these Terms, Snapbar grants you a limited, non-exclusive, non-transferable, and revocable license to access and use Snapshot.

User Content

By capturing or uploading an image ("User Content") through Snapshot, you represent and warrant that:

a. You own or have the necessary rights and permissions to use and share the User Content;
b. The User Content does not infringe any intellectual property rights, privacy rights, or any other legal rights of any third party;
c. The User Content does not contain any material that is defamatory, obscene, offensive, or otherwise unlawful; and
d. The User Content does not contain any malware, viruses, or other harmful components.

Intellectual Property

1. Snapshot may contain materials, such as software, text, graphics, images, and other materials provided by or on behalf of Snapbar (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
   If you violate any part of this Agreement, your permission to access and/or use the Content and Snapshot automatically terminates and you must immediately destroy any copies you have made of the Content.
   The trademarks, service marks, and logos of Snapbar (“Snapbar Trademarks”) used and displayed on Snapshot are registered and unregistered trademarks or service marks of Snapbar. Other company, product, and service names located on the App may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Snapbar Trademarks, the “Trademarks”). Nothing on Snapshot should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Snapbar Trademarks inures to our benefit.
   Elements of Snapshot are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

2. Snapbar owns all rights, title, and interest in and to Snapshot. Snapbar may extend a limited license to use, display and disseminate the images from a particular Snapshot to a paying client, or Snapbar may extend full ownership of the images from a particular Snapshot to a paying client and may or may not retain a limited license to use the images for Snapbar’s own purposes. Users may use their images for their own purposes, provided they do not violate any of the stipulations of these Terms.

Prohibited Uses

You agree not to use Snapshot in any manner that:

a. Violates any applicable law, regulation, or these Terms;
b. Infringes on the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights;
c. Is fraudulent, misleading, or deceptive;
d. Harms or attempts to harm other users or Snapshot in any way;
e. Interferes with the operation or security of Snapshot;
f. Uses automated methods, such as bots, to access or interact with Snapshot; or
g. Attempts to reverse-engineer, decompile, or otherwise extract the source code of Snapshot.

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Disclaimers

Snapshot is provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible by law, Snapbar disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

To the extent permitted by law, in no event will Snapbar, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of Snapshot, whether based on warranty, contract, tort, or any other legal theory, and whether or not Snapbar has been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold harmless Snapbar, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or related to your use of Snapshot or your breach of these Terms.

Modifications to the Terms

Snapshot may revise these Terms at any time by updating this document. You should visit this page each time you use Snapshot to review the current Terms, as your continued use of Snapshot constitutes acceptance of any changes. Any changes to the Terms will be effective immediately upon posting on this page, and your use of Snapshot after such changes have been posted indicates your agreement to the modified Terms.

Termination

Snapbar reserves the right, at its sole discretion, to terminate your access to Snapshot and the related services or any portion thereof at any time, without notice. If you breach any of these Terms, your right to use Snapshot will automatically terminate.

Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within that jurisdiction for the resolution of any disputes arising out of or related to these Terms or your use of Snapshot.

Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, 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 shall remain in full force and effect.

Waiver & Entire Agreement

The failure of Snapbar to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any other policies or guidelines posted by Snapbar constitute the entire agreement between you and Snapbar and govern your use of Snapshot, superseding any prior agreements or communications between you and Snapbar with respect to the subject matter hereof.