Snipper is a mobile and online communications service that enables users to record and broadcast video (and other media) between mobile phones, Internet and devices that have Internet connection. Snipper's basic service is for personal, non-commercial use only and may not be used for any commercial purpose without approval. If you wish to use the service for commercial purposes, please sign up at the business part of the website www.getsnipper.com or contact firstname.lastname@example.org
The Snipper Mobile Applications and the www.getsnipper.com website and related services (including, without limitation the Snipper Mobile Client and other features, content or applications) (collectively, the "Service") are operated by Serramedia BV, a Dutch, corporation trading under the name Snipper, and its corporate partners (collectively, "Snipper" "us," "we," or the "Company").
Snipper reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Snipper will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
These Terms of Service apply to all users of the Mobile Application and the Website and the Service, including users who are also contributors of user submitted content, information, and other materials or services on the Website and/or any Snipper Service.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ?Mobile Services?). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.
A. Snipper hereby grants you permission to use the Mobile Application, Website and the Service as set forth in these Terms of Service, provided that:
(i) your use of the Mobile Application, the Website and the Service is permitted solely for your personal, non commercial use on operating systems and platforms specified by Snipper; (ii) you will not copy, distribute, prepare derivative works of, display, perform, transmit, sell, license or otherwise exploit any part of the Website or the Service in any medium without prior written authorization, except that you may copy portions of the Service as needed to download, install and run client software as provided by Snipper with the Service; and
(iii) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Application and the Website or Service, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You agree not to use the Website or the Service to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Snipper immediately of any breach of security or unauthorized use of your account. Although Snipper will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as us if your account is used in violation of these Terms of Service.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website. Notwithstanding the foregoing, Snipper grants the operators of public search engines permission to use spiders to copy materials from the public part of the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Snipper reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any form of solicitation. You agree not to solicit, for commercial purposes, any users of the Website or the Service with respect to their User Submissions.
You acknowledge that Snipper may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Snippers servers on your behalf. You agree that Snipper has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Snipper reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Snipper reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You acknowledge that creating, submitting or sharing your User Content may give rise to various types of legal liabilities and you represent that your User Content (whether or not you are the author of such content) complies at all times (both when first submitted and throughout its accessibility on the Service) with the TOS and all applicable laws. You understand that Snipper does not pre-screen User Content and is not liable for the content (including User Content) transmitted by users.
You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Service, except as provided under these TOS, and you agree to take all reasonable steps to prevent the unauthorized use of the Service.
You can make use of hashtags (#) in public and private Snipper channels. Hashtags can also be used by our commercial partners, so when you make use of a hashtag in a private channel be aware that a commercial partner already claimed the hashtag in a public channel. In that case a video uploaded in a private channel with a commercially claimed hashtag, can also come up in a public channel. In all other cases videos uploaded in a private channel will remain private. Snipper will specify which hashtags are commericially claimed by its commercial partners.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet (?Third-Party Sites?). Snipper has no control over Third-Party Sites or other Internet resources. These resources, content and services are provided to you ?as is? to facilitate your web browsing. Snipper does not endorse any Third-Party Sites. Snipper is providing these links to you only as a matter of convenience, and in no event will Snipper be responsible for any content, products, or other materials on or available on such Third-Party Sites.
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any of such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. Snipper will have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Snipper reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
In addition, Snipper is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with third party services. As such, Snipper is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party service. Snipper enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.
You may post and share Your Content through the Service. When posting Your Content it is your responsibility to clearly and truly identify its nature to ensure its classification in the proper category. This is necessary for the respectful operation of the Service and in order to protect other users by identifying content that may be inappropriate. You acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Snipper relating thereto.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used by you for direct commercial endeavors.
You are solely responsible for User Content that you stream, upload, post, publish or display (hereinafter,?transmit?) or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Snipper. Snipper reserves the right to investigate and take appropriate legal action against anyone who, in Snippers sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. As a condition for accessing and using the Service, you agree not to use the Service to:
1. Transmit any content that (a) is unlawful, obscene, harmful, defamatory, libelous, threatening, abusive, harassing, tortious, excessively violent, vulgar, obscene, pornographic, or hateful or that contains objects or symbols of hate, invades the privacy of any third party, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (b) poses or creates a privacy or security risk to any person; (c) constitutes any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", "contents", "sweepstakes" or any other form of solicitation;
2. Harass any other user of the Service or to impersonate another person or entity by any means including by using her/his email address and password, or falsely state or otherwise misrepresent your affiliation with a person or entity, or publish falsehoods or misrepresentations that could damage Snipper or any third-party or impersonate another person;
3. Violate any applicable local, state, national or international law, or any regulations having the force of law;
4. Transmit or make available any content that you do not have the lawful right to transmit (including any content that would violate any confidentiality or fiduciary obligations you might have), that would infringe the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights), or that would violate the right of privacy or publicity of any public or non-public persons; ), or submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Snipper all of the license rights granted herein
5. Engage in any conduct or transmit any content that would interrupt, destroy, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or file or post advertisements or solicitations of business;
6. Reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service;
7. Solicit personal information from anyone under the age of 18;
8. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
9. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
10. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
In case of any violation of the above, Snipper reserves the right to cancel or rename your account and/or to block you from accessing the Service as well as to disclose any information as necessary to satisfy any law, regulation or governmental request, at its sole discretion. Snipper also reserves the right to block the distribution of User Content through the Service.
A. The Mobile Application, the Website and the Service supports the submission by you and other users of content, which is mainly video but may include text, graphics, pictures, photos, sounds, music, or other communications (collectively, "User Submissions"), and also supports the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Snipper does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Snipper to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Mobile Application, the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions to Snipper, you hereby grant Snipper a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, copy, distribute, prepare derivative works of, display, perform and transmit the User Submissions in connection with the Mobile Application, the Website and the Service and Snipper's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Mobile Application, the Website and/or the Service (and derivative works of either) in any media formats and through any media channels. You also hereby grant each user of the Website and/or the Service a non-exclusive license to access your User Submissions through the Website and/or the Service, and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions as permitted through the functionality of the Website and/or the Service and pursuant to these Terms of Service.
C. Snipper does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Snipper expressly disclaims any and all liability in connection with User Submissions. Snipper does not permit copyright infringing activities and infringement of intellectual property rights in its Mobile Application and/or on its Website or the Service, and Snipper will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. Snipper reserves the right to remove Content and User Submissions without prior notice. Snipper also reserves the right to terminate a User's access to its Mobile Application, Website and Service, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website and/or the Service more than twice. Snipper also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Snipper may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. You understand that when using the Website and/or the Service, you will be exposed to User Submissions from a variety of sources, and that Snipper is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Snipper with respect thereto, and agree to indemnify and hold Snipper, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
E. Snipper permits you to link to materials on the Website and the Service and permits you to publish links to these materials on third party websites such as Facebook and Twitter, only for your personal, non-commercial use.
F. Snipper reserves the right to change, modify, add and/or discontinue any aspect of the Website and/or the Service at any time. In addition, from time to time Snipper may establish or change practices and limits concerning use of the Mobile Application, the Website and/or the Service, such as the maximum size or duration of any video or other Content used on the Website or the Service, the maximum number of videos or other Content that you may broadcast from the Mobile Application, or use on the Website or the Service, the maximum storage space allocated to your account, and/or the maximum number of times or maximum duration for which you may access the Website or the Service during a specified time period.
The content in the Mobile Application and on the Website and the Service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Snipper, subject to copyright and other intellectual property rights under international laws and conventions. Such Content is provided to you AS IS for your information and personal, non-commercial use only and you shall not use, copy, distribute, prepare derivative works of, display, perform, transmit, sell, license, or otherwise exploit the same for any other purposes whatsoever without the prior written consent of the respective owners or except as otherwise permitted herein. You may download and make personal, noncommercial use and copies of User Submissions that are displayed by Snipper with a "share" or ?download? or similar link in the Application and/or on the Website and/or the Service. Snipper reserves all rights not expressly granted in and to the Mobile Application, the Website, the Service and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Mobile Application, Website, the Service or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Mobile Application, Website or the Service or the Content therein.
You may terminate your account at any time. In the case of violation of the TOS, we reserve the right to limit your access to the Service or terminate your account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Snipper may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. You understand and accept that we will not be held liable for the cancellation of your account.
Snipper uses the data connection on your mobile phone for uploading and downloading videos and text and/or multimedia messages for notifications. Message and data rates may apply. Please check your mobile provider.
You agree that your use of the Mobile Application, the Website and the Service shall be at your own risk. The Mobile Application, Website and the Service and all content, data, materials, advertising and documentation provided in connection with the Mobile Application, Website and Service are provided "as is" and "as available." to the fullest extent permitted by law, Snipper, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Application, Website and your use thereof, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement of third party rights or any implied warranties arising out of course of performance, course of dealing or usage of trade. Snipper does not warrant that the Mobile Application, Website and Service will be provided error-free, uninterrupted, completely secure or virus free. Snipper does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Snipper will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In no event shall Snipper, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruptions or cessation of transmission to or from our website, (v), any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Snipper shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You agree to defend, indemnify and hold harmless Snipper, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Mobile Application, the Website and the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any of your User Submissions caused damage to any third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Mobile Application, the Website and the Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 14, as the Mobile Application, the Website and the Service is not intended for children under the age of 14. If you are under 14 years of age, then please do not use the Mobile Application, the Website or the Service. Talk to your parents about what applications and sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Snipper without restriction.
These Terms of Service shall be governed by Dutch law, without respect to its conflict of laws principles. Any claim or dispute between you and Snipper that arises in whole or in part from the Mobile Application, the Website or the Service shall be decided exclusively by a court of competent jurisdiction located in the Netherlands. These Terms of Service, together with the Privacy Notice at (http://www.getsnipper.com/privacy) and any other legal notices published by Snipper on the Website, shall constitute the entire agreement between you and Snipper concerning the Mobile Application, the Website and the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Snipper's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. You and Snipper agree that any cause of arising out of or related to the website or the service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.