These Terms of Service (this "Agreement"), which is a legal agreement between you and Snap Mobile Inc., a corporation with an address at 939 Westlake Ave N. Seattle, WA 98199 ("Snap-Raise," or "we", "us" or "our"), and You (hereinafter," "you," or "your"), governs your use of the website located at www.oursnapshop.com (the "Site") and the services offered or made available at the Site (the "Service"). The Service permits customers that have an appropriate relationship either with: (i) institutions of higher learning, fraternal organizations, honor societies and other collegiate groups; (ii) corporations and small businesses; (iii) elementary and secondary schools; or (iv) other organizations (each, an "Organization"), to design and purchase custom merchandise for individuals affiliated with such Organization. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
By requesting to use, and/or using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and you commit to abide by this Agreement.
If you are under 18 (a "Minor"), you may use the Site only with involvement of a parent or guardian, and must have a parent or guardian accept this Agreement in order to use the Site. A parent or guardian who accepts this Agreement on behalf of a Minor will be responsible for complying with this Agreement, including any payment obligation. A parent or guardian who accepts this Agreement on behalf of a Minor will continue to be responsible for the obligations in this Agreement even when the Minor has attained the age of 18, unless the parent or guardian obtains the our express written consent to the contrary.
You may submit or arrange for the submission of orders on behalf of an Organization. In such case, if you identify yourself as an organizer of that Organization, then you promise that you are authorized on behalf of the Organization to enter into this Agreement and you have authorization to obtain and provide to us information about the Organization, solicit User Submissions (see below) from individuals of the Organization on behalf of the Organization, and that the agreements in this Agreement are made by you on behalf of the Organization.
No person under the age of 13 may use the Site. Any information relating to a person under the age of 13 must be submitted by the parent or guardian of such individual.
Certain areas of this Site, including the ordering process, may permit or require you to submit feedback, information, personal information, pictures, logos, artwork, data, text, software, messages, or other materials (each, a "User Submission"). You agree that you are solely responsible for all of your User Submissions. We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Site through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Site and may remove at any time or refuse any User Submissions for any reason.
You represent and warrant that: you own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights and permissions to upload, submit, grant access to and otherwise provide, your User Submissions to enable you to grant to us the rights in your User Submissions as described in this Agreement; your User Submission does not contain any confidential, proprietary or personal information; and your User Submissions do not infringe or violate the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party.
You agree and acknowledge that we may provide to you through the Service the ability to contact other members of the Organization to encourage such individuals to purchase items from the Site using the Service. In the event that you use any such feature of the Service, you represent and warrant that you have all the permissions and rights to contact and communicate with such individuals through the Site in connection with the Service.
By submitting your User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to use, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, perform, and display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed, for the purpose of providing the Service through the Site, and may use and disclose your User Submissions in aggregate form for benchmarking, making improvements to the Site or Service, and for advertising and promotional purposes.
Snap-Raise is committed to the appropriate and legal use of the intellectual property of others, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the Site (collectively the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Snap-Raise.
All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or a license.
Snap-Raise has the sole discretion to reject any User Submissions, including any order, that it considers libelous, defamatory, obscene, profane (according to standards established by the FCC), portraying irresponsible use of alcohol or other substances, advocating persecution based on gender, age, race, religion, disability or national origin, containing explicit sexual content or is otherwise inappropriate for Snap-Raise production.
You agree to not use the Service to: (a) create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party; (b) violate, or in a manner that violates, any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (c) impersonate any person or entity or otherwise misrepresent your affiliation with a person, entity or Organization; (d) interfere with or disrupt this Site or servers or networks connected to this Site; (e) use any data mining, robots, or similar data gathering or extraction methods in connection with this Site; or (f) attempt to gain unauthorized access to any portion of this Site or any other accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means.
The fees to be paid by you for the products purchased by you through the Site will be listed in the payment summary included in your shopping cart at checkout. You agree to pay all applicable fees related to your purchase of the products through the Site. If your payment is late and/or your offered payment method (e.g., credit card) cannot be processed, we will not be able to fulfill your order and the products in your shopping cart will not be shipped. By providing a payment method, you expressly authorize us or our third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto, which depend on your utilized services. You agree that we may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.
Risk of loss and title of items purchased on the Site passes to you upon delivery of the items to the common carrier.
All items are made to order, and for that reason items that have been decorated with a logo, name or number are not eligible for a return or exchange unless it is determined that your order is not 100% free from defects in materials and decoration. To confirm if your order is eligible for a return or exchange, please contact our Snap Raise support team within 30 days of delivery at email@example.com or by calling 1-888-330-0795, Monday through Friday from 8:00 am until 5:00 pm PST.
After confirming with our support team that your order is eligible for a return/exchange, please download the prepaid shipping label to return your package via UPS/Fedex/USPS. Any item(s) returned without prior approval from our support team that have been decorated will not be accepted.
For standard delivery orders, you may change or cancel your order within twenty-four (24) hours of submitting your order.
For rush delivery orders (any order requiring faster delivery than a standard delivery order), you may not change or cancel your order.
Snap-Raise will be responsible for acting only on those instructions sent to Snap-Raise that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. Snap-Raise is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. Snap-Raise is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS, ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". SNAP-RAISE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION AND MATERIALS ON THE SITE. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SNAP-RAISE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE, OR RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE, OR YOUR USE THEREOF OR YOUR INABILITY TO USE BY ANY PART, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF SNAP-RAISE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
Snap-Raise respects the intellectual property rights of others. We have a policy of removing user submissions that violate copyright, trademark, or other intellectual property laws, suspending or blocking access to the design-saving or other features of our site to any user who uses our site in violation of any such law, and/or terminating in appropriate circumstances the account (if any) of any user who uses our site in violation of any such law. Pursuant to Title 17 of the United States Code, Section 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright, trademark, or other intellectual property right is being infringed by a user of Snap-Raise, please provide written notice to the following agent for notice of claims of infringement:
Attn: HR Manager
Snap Mobile Inc.
939 Westlake Ave
Seattle, WA 98199
In order for us to respond to your notice, it must: (i) contain your physical or electronic signature; (ii) identify the copyrighted work, trademark, or other intellectual property alleged to have been infringed; (iii) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (iv) contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address); (v) contain a statement that you have a good faith belief that use of the copyrighted material, trademark, or other intellectual property is not authorized by the owner, the owner's agent, or the law; (vi) contain a statement that the information in the written notice is accurate; and (vii) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright, trademark, or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, our agent will be unable to address the listed concern.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our agent with a written counter-notification that includes the following information:
We reserve the right, in our sole discretion, to terminate the account or access of any user of this Site or Service who is the subject of repeated DMCA or other infringement notifications.
You agree to defend, indemnify and hold Snap-Raise and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of Snap-Raise's Site and the Service, your submission of User Submissions to the Site, your violation of this Agreement, or your violation of any rights of another.
We may alter the Service we offer you and/or choose to modify, suspend or discontinue this Site at any time and without notifying you. We may also change, update, add or remove provisions (collectively, "modifications") of this Agreement from time to time. Because everyone benefits from clarity, we promise to inform you of any modifications to this Agreement by posting them on this Site and may require you to accept it as a condition to the continued provision of the Site and Service to you. If you object to any such modifications, your sole recourse shall be to cease using this Site. Continued use of this Site following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that this Agreement may be superseded by expressly-designated legal notices or terms located on particular pages of this Site. These expressly-designated legal notices or terms are incorporated into this Agreement and supersede the provision(s) of this Agreement that are designated as being superseded.
By using the Site and/or the Service provided on or through the Site, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Any submissions by you to us (e.g., comments, questions, suggestions, materials - collectively, "Feedback") through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
We control and operate this Site and the Service from our headquarters in the United States of America and the entirety of this Site may not be appropriate or available for use in other locations. You may not use or export or re-export the Site or materials found on the Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you use this Site outside the United States of America, you are solely responsible for following applicable local laws.
This Agreement shall be governed by the laws of the State of Washington and, where applicable, by federal law. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located in Seattle, Washington, USA, to resolve any legal matter arising from this Agreement. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.