The following terms and conditions govern all use of Sneek.io
"Product" means collectively the Free Products and Paid For Products;
Please read this Agreement carefully before accessing or using the Software, Product or the Website. By accessing or using any part of the Software, the Product and the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Software, Product or the Website or use any services. If these terms and conditions are considered an offer by Sneek, acceptance is expressly limited to these terms. The Software, Product or the Website are available only to individuals who are at least 13 years old.
If you create an account on the Software, Product or the Website, you are responsible for maintaining the security of your account and profile, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the profile. You must not describe or assign keywords to your profile in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Sneek may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Sneek liability. You must immediately notify Sneek of any unauthorized uses of your profile, your account or any other breaches of security. Sneek will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Responsibility of Contributors. If you operate a profile, chat with that profile or post material to the Software, Product or the Website, post links on the Software, Product or the Website, or otherwise make (or allow any third party to make) material available by means of the Software, Product or the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, streaming video or computer software. By making Content available, you represent and warrant that: the downloading, copying, viewing and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your profile is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other profiles and web sites, and similar unsolicited promotional methods; your profile is not named in a manner that misleads your viewers into thinking that you are another person or company. For example, your profile's URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Sneek or otherwise.
Without limiting any of those representations or warranties, Sneek has the right (though not the obligation) to, in Sneek's sole discretion (i) refuse or remove any content that, in Sneek's reasonable opinion, violates any Sneek policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Software, Product or the Website to any individual or entity for any reason, in Sneek's sole discretion. Sneek will have no obligation to provide a refund of any amounts previously paid.
You must use the Software, Products and the Website in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or the Website. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or the Website where you are located.
In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams.
The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your licence to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
Sneek may automatically check your version of the Sneek Software. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. Sneek has no obligation to make available any Updates. However, Sneek may (a) require you to download and install Updates; or (b) download and install Updates from Sneek automatically from time to time unless you have chosen (through your Sneek client settings) not to receive automatic Updates. Sneek, Inc. or its affiliates and subsidiaries may also automatically download updates to the Sneek Software for Windows or Apple Macintosh platforms. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. You agree to receive such updates from Sneek in order to continue using the Sneek Software and you agree to accept such Updates subject to these Terms.
From time to time, Sneek may need to perform maintenance on or upgrade the Software, Products or Sneek Websites or the underlying infrastructure that enables you to use the Software, Products or the Website. This may require Sneek to temporarily suspend or limit your use of some or all of the Software, Products or the Website until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Sneek will publish the time and date of such suspension or limitation on the Sneek Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or the Website.
Sneek is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Software. In particular, you are responsible for ensuring that you do not submit material that is (i) 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 (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. Sneek reserves the right (but shall have no obligation) to review content for the purpose of enforcing these Terms. Sneek may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Software, Products or its customers, or otherwise enforce these Terms. Further, Sneek may in its sole discretion remove such content and/or terminate these Terms and your User Account if you use any content that is in breach of these Terms.
Sneek cannot guarantee that the Software, Products or the Website will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or the Website, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. Sneek takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
Certain parts of the Website or the Software may ask for written suggestions or problem reports such as using our email addresses, contact form or problem report form ("Reports"). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of Sneek. Sneek shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to Sneek will not be treated as confidential and Sneek shall not be liable for any disclosure of the Reports.
Continued Use of the Software, the Product or the Website require payment of fees (the "Paid Services"). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of the Services. Sneek may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided. Purchases of Paid Services are final and non-refundable, except at Sneek's sole discretion and in accordance with the rules governing each such Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of existing Paid Services.
Sneek may change its prices for Paid Services at any time. To the extent applicable, Sneek will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
Where you purchase Products on a subscription basis (monthly or annually, you acknowledge and agree that this is a recurring payment and payments shall be made to Sneek by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Product is terminated by you or by Sneek.
Sneek has not reviewed, and cannot review, all of the material, including computer software, posted or streamed to the Software, Product or the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Software, Product or the Website, Sneek does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Software, Product or the Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical or visual mistakes, and other errors. The Software, Product or the Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sneek disclaims any responsibility for any harm resulting from the use by visitors of The Software, Product or the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Sneek.io links, and that link to Sneek.io. Sneek does not have any control over those non-Sneek websites and webpages, and is not responsible for their contents or their use. By linking to a non-Sneek website or webpage, Sneek does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sneek disclaims any responsibility for any harm resulting from your use of non-Sneek websites and webpages.
As Sneek asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Sneek.io violates your copyright, you are encouraged to notify Sneek in accordance with Sneek's Digital Millennium Copyright Act ("DMCA") Policy. Sneek will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Sneek will terminate a visitor's access to and use of the Software, Product or the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Sneek or others. In the case of such termination, Sneek will have no obligation to provide a refund of any amounts previously paid to Sneek.
This Agreement does not transfer from Sneek to you any Sneek or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sneek. Sneek, Sneek.io, the Sneek.io logo, and all other trademarks, service marks, graphics and logos used in connection with Sneek.io, the Software, Product or the Website are trademarks or registered trademarks of Sneek or Sneek's licensors. Other trademarks, service marks, graphics and logos used in connection with the Software, Product or the Website may be the trademarks of other third parties. Your use of the Software, Product or the Website grants you no right or license to reproduce or otherwise use any Sneek or third-party trademarks.
Sneek reserves the right to display advertisements on your account.
Sneek reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Software, Product or the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Sneek may also, in the future, offer new services and/or features through the Software, Product or the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Sneek may terminate your access to all or any part of the Software, Product or the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Sneek.io account (if you have one), you may simply discontinue using the Software, Product or the Website. Notwithstanding the foregoing, if you have any paid service or account provided by Sneek, such account can only be terminated by Sneek if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Sneek's notice to you thereof; provided that, Sneek can terminate the Software, Product or the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Software, Product or the Website is provided "as is". Sneek and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sneek nor its suppliers and licensors, makes any warranty that the Software, Product or the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Software, Product or the Website at your own discretion and risk.
In no event will Sneek, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sneek under this agreement during the twelve (12) month period prior to the cause of action. Sneek shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Sneek, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Software, Product or the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Sneek and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sneek, or by the posting by Sneek of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Software, Product or the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Sneek may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.