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Terms and Conditions

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.

Date of last revision: December 1, 2014.

 

Welcome to the snapd.com website (hereafter the “Site”), a part of SNAPD INC. and the family of companies owned and operated by SNAPD INC. (collectively, “SNAPD“, “snapd”, “our” or “we”). Please read these Terms and Conditions (the “Terms and Conditions” or “ Statement”) before using, interacting or submitting content in any form or medium for publication on the Site. These Terms, including SNAPD’s Privacy Policy, Posting Community Guidelines, Event Provider Terms of Service Agreement, Ticket Purchase and Refund Policy, and any other policies, rules or guidelines that may be applicable to particular offers, Users or features on the Site (“Additional Terms”) are hereby incorporated by reference into these Terms. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. To the extent that there is a conflict between these Terms and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. These Terms will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. These Terms and Conditions and the Additional Terms contain our terms of service that govern our relationship with Site users and others who interact with our Site, and comprises our User Agreement with you (collectively, the “User Agreement ”).

By using or attempting to use the Site, you certify that (i) you are a resident of Canada or the United States and are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the Site, or (ii) you are not a resident of Canada or the United States and are at least 18 years of age or the legal age of majority where you reside if that jurisdiction has an older age of majority or, if under the age of 18 or the legal age of majority where you reside if that jurisdiction has an older age of majority, you have the consent of your parent or guardian (over the age of 18 or the legal age of majority where you reside if that jurisdiction has an older age of majority) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Site immediately.

By using, accessing, interacting or by submitting content for publication on this Site, you agree to abide, and that you are bound, by the User Agreement. We reserve the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our Site) to be bound by any such changes, effective upon notice to you, which notice shall be deemed to have been provided upon our posting of the current version of our Terms and Conditions on the Site. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our Site shall be subject to the User Agreement.

The most current version of these Terms and Conditions can be viewed at any time at: http://snapd.com/tac.

All content of the Site is exclusively for private, personal use and is not to be redistributed in any form other than as expressly allowed by these Terms and Conditions.

1. Privacy:

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use our Site to share with others and how we collect and can use your content and information. We encourage you to read our Privacy Policy, and to use it to help you make informed decisions. The most current version of our Privacy Policy can be viewed at any time at: http://snapd.com/privacypolicy.

2. We May Discontinue or Suspend Our Site or Terminate Your Use:

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Site. In addition, we reserve the right to terminate your access to our Site for any reason, and to take any other actions that we, in our sole discretion, believe to be in the interest of our company and of our users as a whole.

Violations of these Terms, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in SNAPD’s sole discretion, and without prior notice, snapd may terminate and block your access to the Site or to SNAPD’s other services, cancel your ticket or merchandise order and/or tickets or merchandise acquired through your order, refuse to honor pending and future purchases made from all credit card accounts or online accounts snapd believes may be associated with you, cancel a ticket or ticket order associated with any person acting or believed to be acting in concert with you, cancel your ticket postings, remove any unauthorized User Content or exercise any other remedy available, if snapd believes that your conduct or the conduct of any person with whom snapd believes you act in concert, or the User Content you provide, or any resale of such tickets purchased through snapd, violates or is inconsistent with these Terms or the law, or violates the rights of snapd, a client of snapd or another user of the Site. Violating any limitations or terms on the Site, including but not limited to utilizing automated means to process or place ticket orders or ordering a number of tickets that exceeds the stated limit will be deemed to be a violation of these Terms. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Site.

You agree that monetary damages may not provide a sufficient remedy to snapd for violations of these Terms and you consent to injunctive or other equitable relief for such violations.

You agree that abusive use of the Site, as defined herein, causes damage and harm to snapd in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to abusive use of the Site. You further agree that monetary damages for abusive use of the Site are difficult to ascertain and that proof of monetary damages for abusive use would be costly and difficult to calculate. Accordingly you agree that liquidated damages are warranted for abusive use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 1,000 pages of the Site in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) per page request each time that a page request is made after that first 1000 during that twenty-four hour period.

SNAPD is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms, The User Agreement or any of SNAPD’s rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise our rights

3. We Have All Rights In Our Site and Content; You Grant Us Certain Rights When You Submit Content to Us:

(a) Our Site (including all text, photographs, graphics, video and audio content contained on our Site) is protected by copyright as a collective work or compilation under the copyright laws of Canada and worldwide copyright laws and treaty provisions, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, comments, event listings and descriptions, videos, content and other elements comprising our Site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our Site.

(b) By posting or submitting content on or to our Site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you agree to abide by our Posting Community Guidelines and automatically grant (or warrant that the owner of such materials expressly grants) SNAPD and its affiliates and licensors a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, store, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials and to use such content for promotional and marketing purposes. Such license will apply with respect to any form, media or technology now known or later developed. In addition, you warrant that all “moral rights” in such materials have been waived. Without limiting the generality of the foregoing, with respect to any audio or video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

(c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them on the Site. You may not post, transmit, or share content that you did not create or that you do not have permission to post. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions.

(d) In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) use the services, software, information, data and other content (the ” Services“) on the Site to harm minors in any way; (IV)impersonate any person or entity, including, but not limited to, any of our officials, or falsely state or otherwise misrepresent your affiliation with a person or entity; (V) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any local, provincial, national, or international law, or is otherwise inappropriate; (VI) collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities or a terrorist group, or instruct anyone to carry out a terrorist activity, including doing any of the of the foregoing in relation to a listed entity under s.83.05 of Part II.1 of the Criminal Code; (VII) post advertisements or solicitations of business that go beyond the submission of corporate or business-related events; or(VIII) collect or store personal data about other users without their express consent or in connection with the prohibited conduct and activities set forth above.

(e) You acknowledge that we do not pre-screen Site Users or submissions or materials submitted to the Site, but that we reserve the right to edit, remove or not publish submissions or materials without prior notice. You understand that when you submit content in any form to the Site (“ User Content”) we may authorize such content to be distributed or syndicated to or published on other snapd or SNAPD-branded environments.

(f) You acknowledge that SNAPD (i) is under no obligation to post, display or otherwise use any User Content, and (ii) has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that SNAPD receives directly or indirectly from the use or display of your User Content or otherwise from the exercise of SNAPD’s rights granted under these Terms. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against SNAPD or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of User Content, or any derivative works thereof, infringe any of your rights as creator of the User Content, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or “droit moral.”

Please be advised that our Site uses services and products protected by one or more registered patents and patents pending.

4. You Have Rights if You Believe Your Copyright is Being Infringed:

If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please contact us at IPOfficer@snapd.com.

5. Your Use of Our Content is Restricted:

(a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our Site or any content thereon, except as permitted under the last sentence of this Section and except that you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing (but subject to the last sentence of this Section, you may not distribute, frame, reproduce, republish, scrape, display, post, or transmit any part of this Site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained herein, we respect the right of others to make “fair use” of the materials contained on our Site; accordingly, you may from time to time excerpt and use materials set forth on this Site consistent with the principles of “fair use.”

(b) We are concerned about the integrity of our Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of our Site. Neither you nor any third party shall make use of the contents of our Site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

6. We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors:

(a) You acknowledge that a large volume of User Generated information is available on our Site and that Site Users occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate any of the User Agreement or Codes of Conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SNAPD with respect thereto. Opinions and other statements expressed by users and third parties (e.g., bloggers, content submitters and those that comment or “like” posts) are theirs alone, not opinions of SNAPD. User Content is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with our services and the ability to view and distribute content through our Site, we are not undertaking any obligation or liability relating to the content. SNAPD and its affiliates, successors, assignors, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Site for inappropriate, inaccurate or unlawful content. SNAPD and its affiliates, successors, assignors, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, we reserve the right to block or remove communications, postings or materials at any time in our sole discretion.

(b) Although SNAPD strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although SNAPD endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.

7. Users Are Independent:

If you submit materials to us as a user, you will be treated as an independent contractor, not an employee. You agree that you are not entitled to, and do not expect any wages or compensation from us for any of your content. You also agree that you are not eligible for any employee benefit plans or programs. You must obtain and pay for your own computer, Internet access, third-party clearances and licenses and everything else you need to create and submit your content to us. You agree that you are not under our direction or control and that you cannot hold yourself out as our agent or representative or attempt to bind us to any obligations. You acknowledge and agree that the Site provides a forum with an audience for you to share your content, views and express your unique opinions and ideas. If you post photos, video or any other works, comments or blogs on the Site, you decide when, where and how often you write and submit your User Content. You can write or provide content for anyone else and to any other Site you want at any time. We do not select or approve your topics.

8. Access By Minors.

SNAPD cannot prohibit minors from visiting this site. SNAPD must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online ( http://onguardonline.gov/).

9. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of the User Agreement, These Terms and Conditions or Any Breach by You of Your Representations and Warranties:

You agree to indemnify, defend and hold harmless SNAPD and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions, the User Agreement or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification. In such event, you shall provide us with such cooperation as is reasonably requested by us.

10. Your Use of Our Site is Subject to Certain Disclaimers:

(a) You agree we are not responsible or liable to you in any manner for any user supplied content or third party applications, software or content posted on the Site or in connection with the any service or utility provided by or through the Site, whether posted or made accessible by users of the Site, by us, by third parties or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any user supplied content or third party applications, software or content. We are not responsible for the conduct, whether online or offline, of any user of the Site.

(b) The Site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your or any other user’s communications. You agree we may not be held liable for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to your or any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Site. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any user supplied content or personal injury or death, resulting from anyone’s use of the Site, any user supplied content or third party applications, software or content posted on or through the Site or any Services or transmitted to users, or any interactions between users of the Site, whether online or offline.

(c) OUR SITE AND THE CONTENT ON OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, EVENT LISTINGS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE, WARRANT, OR GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

(d) OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

(e) SNAPD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SNAPD USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH SNAPD’S SERVICES OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR SNAPD SERVICES.

(f) SNAPD IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY EVENT VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT ANY EVENT VENUE FOR WHICH SNAPD OFFERS OR SELLS EVENT TICKETS OR MARKETS OR PROMOTES, OR PERMITS A THIRD PARTY TO MARKET OR PROMOTE AN EVENT.

(g) The Site, Materials or Forums could include inaccuracies or errors, or information or materials that violate these Terms Additionally, unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us atsnapdprivacyInfo@snapd.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement”.

(h) In no event shall any claim, action or proceeding by you related in any way to the Site or our Services (including your visit to or use of the Site or any of our Services) be instituted more than two (2) years after the cause of action arose.

11. Our Liability to You is Limited:

(a) SNAPD and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions), even if SNAPD has been advised of the possibility of such damages.

(b) NEITHER SNAPD NOR ANY OF OUR AFFILATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SNAPD SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SNAPD, (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 INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF SNAPD INC. AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

(c) You acknowledge that you may have or may in the future have claims against SNAPD which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. Should they apply to you, you do hereby expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:

A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

12. You Indemnify Us Respecting Your Submissions:

You agree to indemnify, defend and hold us, our licensors, subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable lawyer’s fees, arising out of or in connection with any content you post or submit or otherwise share on or through the Site (including through any share service), your use of the Services or the Site, your conduct in connection with the Services or the Site or with other users of the Services or the Site, or any violation of these Terms and Conditions or of any law or the rights of any third party. You further agree to indemnify, defend and hold SNAPD, its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from any allegation that any User Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party.

13. Class Action Waiver:

Except where prohibited by law, you agree to waive your right to initiate, be a class representative of, or in any way participate as a party or class member in a class action claim, suit, or proceeding brought in any court in any location against SNAPD.

14. We May be Legally Compelled to Disclose Certain Information:

You agree that in the event we receive an order issued by a court or from a law enforcement or government agency, we shall comply with such orders without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

15. We are Not Responsible for Linked Sites:

We are not responsible for the availability or content of any goods or services provided by third parties that may be linked to our Site. Because we have no control over such goods and services, you acknowledge and agree that we are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such third parties. You further acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, the Site or any of the Services, including payment for and the delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings are solely between you and such third parties. You agree that we will not be responsible or liable in any way, either directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with the use of or reliance on any content, goods or services available through such third parties.

16. Safety:

We do our best to keep the Site safe, but we cannot guarantee it. We need your help to keep our Site safe, which includes the following commitments by you:

a. You will not post unauthorized commercial communications (such as spam) on the Site.

b. You will not collect users’ content or information, or otherwise access Facebook, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.

c. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Site.

d. You will not upload viruses or other malicious code.

e. You will not solicit login information or access an account belonging to someone else.

f. You will not bully, intimidate, or harass any user of the Site.

g. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

h. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

i. You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on the Site.

j. You will not use the Site to do anything unlawful, misleading, malicious, or discriminatory.

k. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Site, such as a denial of service attack or interference with page rendering or other Site functionality.

l. You will not facilitate or encourage any violations of this Statement or our policies.

17. Registration, Accounts and Passwords:

Certain of the Services made available on the Site may require registration. Should you choose to register for these services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction. You also agree to: (i) provide true, accurate, current, and complete information about yourself as required by the Services’ registration form (the ” Registration Data“); (ii) maintain and update the Registration Data to keep it true, accurate, current and complete; and (iii) be responsible for all activities that occur under such registration or account. If you provide any information that is untrue, inaccurate, not current or incomplete or if we have reason to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services.

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. Your user name and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for any and all activities (including purchases, as applicable) that are conducted through your account, and agree not to transfer or resell your use of or access to the Site to any third party. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visitingwww.snapd.com and immediately notify us of the problem by emailing us at snapdprivacyInfo@snapd.com

Here are some commitments you make to us relating to registering and maintaining the security of your account:

a. You are solely responsible for the profiles (including your name and/or user name, image, and likeness), if any, that you upload, publish or display on or through the Site, or transmit to or share with other users.

b. You will not provide any false personal information on the Site, or create an account for anyone other than yourself without permission.

c. You will not create more than one personal account.

d. If we disable your account, you will not create another one without our permission.

e. You will not use your personal account primarily for your own commercial gain, and will use an Organization Account for such purposes.

f. You will not use the Site if you are under 13.

g. You will not use the Site if you are a convicted sex offender.

h. You will keep your contact information accurate and up-to-date.

i. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

j. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.

k. You agree that usernames and passwords used on our Site are our property. If you select a username or similar identifier for your account or Organization Account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

l. You will notify us immediately on discovering any unauthorized use of your account.

18. Protecting Other People’s Rights:

As part of this agreement you covenant that:

a. You will not upload, post, transmit, share, store or otherwise make available content or take any action on the Site that infringes or violates someone else’s rights or otherwise violates the law. You will not upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.

b. You will not upload, post, transmit, share, store or otherwise make available any content that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

c. You will not upload, post, transmit, via script or otherwise, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, any other form of solicitation, or materials that promote or convey information known to be false or misleading. We have the right but not the obligation to make such determinations, and you accept our determinations.

d. You agree to be bound by and to follow our Posting Community Guidelines, which are incorporated by reference herein.

e. We can remove any content or information you post on the Site if we believe that it violates any of our Terms and Conditions or our policies.

f. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

g. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

h. You will not use our copyrights or trademarks (including SNAPD, snapd and all Logos and marks), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.

i. If you collect information from users, you will: obtain their consent, make it clear you (and not SNAPD) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. You will not use our Site to harvest or collect contact information from users for the purposes of sending unsolicited email or text messages or making other unsolicited communications. You will not solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes.

j. You will not post anyone’s identification documents or sensitive financial information on the Site.

k. You will not tag users or send email invitations to non-users without their consent.

19. Liquidated Damages:

If you violate this User Agreement by sending unsolicited bulk email, solicitations, advertisements, or other communications for a commercial purpose or any other unsolicited communications of any kind to other users using either our Site or Services or information you obtained by use of our Site or Services, you harm our relationship with our users, licensors, business partners, and others with which we have a business relationship. You agree that it is difficult to place a value on the harm that will be caused by a violation of this provision, and you therefore agree that a reasonable estimation of such harm is $75.00 per each unsolicited email you sent to users of our Site or Services in violation of this provision. You agree to pay to us $75.00 as liquidated damages for each unsolicited email you sent to users of our Site or Services in violation of this provision.

20. Submission of Event Information and Content:

Our goal is to publish photos and video of the general public in event settings both on our Site and within our print publications. Photos and video taken by yourself, by other Site Users, and from time to time, our photographers should be posed, and the subjects of the photos are to be informed of our intent before each picture is taken.
Please be aware that any information given through the Event and Content submission features of the Site, including but not limited to names, addresses and phone numbers, will be considered publicly available information and may be published online, in print and/or otherwise made available to the general public. Only information that is intended for public viewing should be included when supplying event content to our Site.
 By submitting event details, event information and content from events, you agree to allow SNAPD to attend the event on the date and time given, with the intent of photographing, videoing, and/or interviewing attendees for publication in print and/or online. You also agree, in the case of a private event, to inform attendees of the event of SNAPD’s intentions to obtain content and your intention to supply content to SNAPD. In the case of photographs of minors, it is your responsibility to obtain, through written or verbal consent, permission to publish the photographs and to inform our photographer of any restrictions.

21. Mobile and Other Devices :

(a) We may offer various browsing and mobile messaging services including, without limitation, alerts, contests, sweepstakes and offers for products. You may choose to receive our mobile alerts by signing up or entering a mobile promotion. Terms of service for any third party supplied messaging services will be made available to you by the third party. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees and data usage fees will still apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will SNAPD be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion. If your carrier does not permit text alerts, you may not receive the snapd text alerts. Pre-paid phones or calling plans may not be supported. You may receive a bounce-back message for every message you send to of from the Site.

(b) You will have the right to opt out of any mobile messaging service by replying with a “STOP” message to such alert or to the short code provided. Further detail will be made available if any such service is provided to you. If you sent the text “STOP” to the shortcode, you will no longer receive any text messages including, without limitation, advance notices of ticket sales. We will make every attempt to remove your mobile telephone number from the SNAPD text database as soon as possible, but please allow up to ten (10) days.

(c) SNAPD disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in snapd mobile messaging. SNAPD disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material by snapd or by you. SNAPD disclaims any responsibility for any harm resulting from information or material through snapd’s mobile messaging. SNAPD reserves the right, in the future, to charge for our mobile services.

(d) In the event you change or deactivate your mobile telephone number, you agree to update your account information on our Site within 48 hours to ensure that your messages are not sent to the person who acquires your old number. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on our Site.

22. Ticket Purchase Policies and Provisions :

(a) Your order or purchase of any event tickets through the Site or our Services is governed by our Ticket Purchase and Refund Policy. The sale or purchase of tickets to events may be regulated by certain federal, provincial, and local laws or regulations. You acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Please Note: certain federal, provincial, state, county and city laws, rules or regulations, may regulate the sale or purchase of tickets to entertainment events . You acknowledge that complying with all such laws, rules and regulations is your responsibility.

(b) You may be asked to provide information during various processes that you engage in on the Site. You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you, friends or immediate family members who expressly authorize such use, for the purpose of purchasing tickets. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to use or to purchase tickets on the Site

(c) You agree that you will not use any robot, spider or other automatic device, process or means to access the Site. You agree that you will not use any robot, spider or other automatic or manual device, process or means to give yourself or others acting for your benefit or on your behalf the ability to navigate the Site or purchase tickets on the Site faster than users of the Site who use a standard commercial browser and manually enter on their computers all information needed to navigate the Site and purchase tickets. You agree that you will use no robot, spider, program or other automatic or manual device, process or means to circumvent, avoid or defeat any security measures or systems used on the Site, including but not limited to the “CAPTCHA” system used as part of the Site’s ticket purchasing process. The CAPTCHA system requires the retyping of characters on your computer screen. You agree that the retyping will only be done manually by you on the keyboard for the computer that you are using to access the Site. Nor shall you use any manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine that interferes with the proper working of the Site nor shall you attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or “refresh” transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without our prior, express written permission.

(d) Descriptions or images of, or references to, products or services on the Site do not imply Snapd Inc. endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to SNAPD’s acceptance of any order. Price and availability of any product or service are subject to change without notice. Refunds and exchanges will be subject to SNAPD’s refund and exchange policies then in effect.

23. Payments:

If you make a payment on the Site or use the Site to obtain one or more event tickets or to purchase other goods or services, you agree to our Ticket Purchase and Refund Policy and Payment Terms and Conditions.

24. Social Plugins:

If you include our Social Plugins, such as the Share or Like buttons on your website, the following additional terms apply to you:

a. We give you permission to use snapd’s Social Plugins so that users can post links or content from your website onto our Site.

b. You give us permission to use and allow others to use such links and content on our Site.

c. You will not place a Social Plugin on any page containing content that would violate this Statement if posted on our Site.

25. Our Privacy Policy:

Registration data and certain other information about you are subject to our Privacy Policy. For more information, please see our full Privacy Policy at http://snapd.com/privacypolicy You understand that though your use of the Services, you consent to the collection, use and disclosure of this information, as permitted by the Privacy Policy, including transfer of this information to the United States and/or other countries for storage, processing, and use by SNAPD and its affiliates in order to provide the Services to you.

26. Advertisements and Other Commercial Content Served by the Site:

Our goal is to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:

a. You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.

b. We do not give your content or information to advertisers without your consent.

c. You understand that we may not always identify paid services and communications as such.

Advertisers are required to accept our Terms for Advertisers.

27. Trademarks:

We are the owner or licensee of the trademarks for SNAPD, Capturing Life and Entertainment, and the trade dress used on the Site (graphics, logos, designs, page headers, button icons, scripts etc.). Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission (and that of any licensor to us).

28. Third Party Sites:

Through access to or membership in the Site, we or third parties may provide links to other websites, utilities, or resources (“ Third Party Sites”) as well as advertisements, applications, information, pictures, text, graphics, articles, video, software and other content belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by us. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse or warrant in any manner, and is not responsible or liable for any content, advertising, products, utilities or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource. If you access download, view, utilize, or rely on any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate to from our Site or that relates to any Third Party Applications, Software or Content you use or install. And, by all means, you should install, maintain, and frequently update security software to protect your computer from viruses, spyware, and other noxious programs you may encounter through us or otherwise.

29. Termination:

These Terms shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under these Terms or otherwise. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that SNAPD may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that SNAPD shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Further, If you violate the letter or spirit of this User Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of our Site to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, your rights as a user under this User Agreement shall terminate, but the provisions hereof shall survive.

30. Any Dispute Between Us Will be Governed by Ontario Law:

(a) These Terms and Conditions shall be governed by the laws of Canada and the Province of Ontario, applicable to agreements made and to be performed therein without regard to conflict of laws principles. You agree to resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms and Conditions or the Site exclusively in a provincial or federal court located in Ontario, Canada. The laws of the Province of Ontario will govern this User Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Toronto, Ontario, Canada for the purpose of litigating all such claims.

(b) If you have a dispute and your dispute involves an event (or a ticket for an event) that is located in the United States, then you consent to personal jurisdiction, and agree to bring all actions, exclusively in a state or federal court located in Newark City, Delaware. If you have a dispute and your dispute involves an event (or a ticket for an event) that is located in Canada, then you consent to personal jurisdiction, and agree to bring all actions, exclusively in courts located in Toronto, Ontario. If you have a dispute regarding the Site but not regarding an event (and not regarding a ticket for an event), then you consent to personal jurisdiction, and agree to bring all actions, exclusively in courts located in Toronto, Ontario, Canada.

(c) If anyone brings a claim against us related to your actions, content or information on the Site or in our publications, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on the Site and are not responsible for the content or information users transmit or share on the Site or in our publications. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Site or in our publications. We are not responsible for the conduct, whether online or offline, or any user of the Site.

31. International Use:

We make no representation that materials on this Site are appropriate or available for use in locations outside Canada. If you access this Site from other locations, you agree that you are doing so on your own initiative and that you are wholly responsible for compliance with local laws.

32. U.S. Export Controls:

This Site and software derived from this Site is further subject to Canadian United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or on the Canadian Area Control List or otherwise contrary to the Export and Import Permits Act (Canada). By downloading or using the Site or any software derived there from, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

33. Exclusions and Limitations:

Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the exclusions and limitations contained herein may not apply to you.

34. Waiver and Severability of Terms:

If we fail to exercise or enforce any right or provision of these Terms and Conditions, this shall not constitute waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intent of the provision in question, and that the other provisions of these Terms and Conditions remain in full force and effect.

35. Further Assurances:

You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as we may reasonably require from time to time for the purpose of giving effect to these Terms and Conditions, including regularly reviewing the Terms and Conditions and updating your registration information. You agree that nothing in this User Agreement shall prevent us from complying with the law; that this User Agreement does not confer any third party beneficiary rights; and that you will comply with all applicable laws when using or accessing our Site. We reserve all rights not expressly granted to you.

36. Language:

The parties have agreed that this Agreement and all documents relating thereto be written in the English language. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.

37. No Warranty:

NO OPINION, ADVICE OR STATEMENT OF SNAPD WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. SNAPD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SNAPD WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR 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. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

38. Forward-Looking Statements:

Statements in any news release of SNAPD contained on the Site or communicated orally or in writing that concern us or our management and that are not historical facts are “Forward-Looking Statements.” Forward-Looking Statements include, without limitation, statements that:

(a) include the words “believes,” “expects,” “anticipates,” “estimates” or words of similar importance or meaning with reference to us or our management;

(b) are specifically identified as forward-looking;

(c) describe any of our plans, objectives or goals for future operations and products; or

(d) concern the characteristics and growth of our markets or customers or our expected liquidity and capital resources.

Forward-Looking Statements are only predictions involving important factors and risks that may cause actual results to differ materially from those discussed in any Forward-Looking Statement. Those important factors and risks include, without limitation, economic, competitive, governmental and technological factors affecting our operations, markets, products, services and prices. Important factors and risks are described in the current SNAPD annual report, and may be detailed from time to time in additional reports and other filings of SNAPD filed with the SEC or other regulatory bodies. Copies of the most recent public reports and other filings of SNAPD may be obtained at no charge from SNAPD provided they are for public viewing and are not otherwise private or confidential. SNAPD expressly disclaims any obligation or responsibility to update or revise or supplement any Forward-Looking Statement in any news release or generally to any extent.

39. General:

BY CONTINUING TO USE OUR SITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS AND USER AGREEMENT. The captions to each section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.

Notice for California Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.