2. SnapEval’s Service
This website and mobile application services are provided on an “AS IS” basis. You agree that SnapEval, LLC exclusively reserves the right to modify or discontinue provision of this website, mobile applications, and its services, and to delete the data you provide, either temporarily or permanently, at any time and without notice and any liability to you. SnapEval, LLC shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations
5. Registration and Password
You are responsible for maintaining the confidentiality of your password, and shall be responsible for all usage of your user account and/or user name, whether authorized or unauthorized by you. You agree to immediately notify SnapEval, LLC of any unauthorized use of your user account, user name or password by emailing us at privacy@SnapEval.com.
6. Your Conduct
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, shall be under the sole responsibility of the person providing the content or the person whose user account is used. You agree that this website or mobile applications may expose you to content that may be objectionable or offensive. SnapEval, LLC shall not be responsible to you in any way for the content that appears on this website, mobile applications, nor for any error or omission.
By using this website or our mobile applications, you explicitly agree that you will not: provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere or interrupt this web site, mobile applications, or any service provided, infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, state, federal or international law; impersonate or misrepresent your association with any person or entity; forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; collect or harvest any data about other users; provide or use this website or mobile applications for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising, without SnapEval’s prior written consent; provide any content that may give rise to civil or criminal liability of SnapEval, or that may constitute or be considered a violation of any local, state, federal or international law, including – but not limited to – laws relating to copyright, trademark, patent, or trade secrets.
7. Submission of Content on the Website or Mobile Applications
By providing any content to this website: you agree to grant SnapEval, LLC a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known or developed subsequently; you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us the license specified in this section 7; you acknowledge and agree that SnapEval shall have the right (but not obligation), at SnapEval’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
8. Third-Party Services
Goods and services of third parties may be advertised and/or made available on or through this website or our mobile applications. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. Links to third-party sites may be provided as a convenience to you only and do not imply an endorsement by SnapEval, LLC of any such linked site. SnapEval, LLC cannot be held responsible for information and materials found on sites controlled or operated outside of its domain, including any assurance of the accuracy of such information.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND OUR MOBILE APPLICATIONS, ANY RELATED SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND SNAPEVAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SNAPEVAL MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER SNAPEVAL NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE IS SOLELY AT YOUR OWN RISK, AND THAT SNAPEVAL MAY NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SNAPEVAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF SNAPEVAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
12. Reservation of Rights
SnapEval, LLC reserves all of SnapEval’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that SnapEval may have for this website, mobile applications, its content, and the goods and services that may be provided. The use of SnapEval’s rights and property requires SnapEval’s prior written consent. By making services available to you, SnapEval is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial uses of this website or service without SnapEval’s prior written consent.
13. Notification of Copyright Infringement
If you believe that your property has been used in any way that would be considered a copyright infringement or a violation of your intellectual property rights, SnapEval’s copyright agent may be contacted at the following address: firstname.lastname@example.org
14. Applicable Law
15. Additional Requirements:
The SnapEval and SpotLight Software logos and SnapEval and SpotLight Software Trademarks may only be used with written consent from SnapEval, LLC or its officers.
ii. Product Names
Unless expressly agreed otherwise, the SnapEval or SpotLight marks may NEVER be incorporated as part of a product or service of another company. You may not include “SnapEval”, “SpotLight” or any of SnapEval or SpotLight Software Trademarks in any potentially confusing variation in the name of your product or advertisement.
iii. Packaging and Advertising
You may note the compliance with, or support of, your application program for the SnapEval or SpotLight Software on packaging, collateral material, or advertising (but do not include “SnapEval” or “SpotLight” in the product name). You should use phrases such as “compliant with”, “supporting”, or “for” SnapEval or SpotLight.
Correct reference to the SnapEval or SpotLight mark includes using the symbol ® with the mark “SnapEval” or “SpotLight”. The symbols should be placed next to the last letter of the mark, at the upper right, or at the baseline;
iv. Always Use Marks as Proper Adjectives
Trademarks identify a company’s goods or services. A trademark is a proper adjective that modifies the generic name of a product or service. The SnapEval Software mark identifies SnapEval. The SpotLight Software mark identifies SpotLight.
v. Attributing the Trademarks of SnapEval and SpotLight Software
The following footnotes should appear on material which bears the trademarks of SnapEval or SpotLight Software:
The footnote should read:
SnapEval® – “SnapEval is a registered trademark of SnapEval, LLC.”
SpotLight® – “SpotLight is a registered trademark of SnapEval, LLC.”