- ACCEPTANCE OF TERMS
- GENERAL USE OF THE ARTSNAPZ APP
- USE OF CONTENT ON THE SITE
- USER SUBMISSIONS AND CONDUCT
- ACCOUNT TERMINATION POLICY
- WARRANTY AND CONDITION DISCLAIMER
- Limitation of Liability
- ABILITY TO ACCEPT TERMS OF SERVICE
A. By using and/or visiting this website (collectively, including all content available through the www.a4labs.com and www.artsnapz.com domain names, and any country-specific domains or subdomains thereof, or mobile applications offered by A4 Labs Inc., you signify your agreement to (1) these terms and conditions (the "Terms of Service") and (2) A4 Labs Inc.'s privacy notice, found at http://www.artsnapz.com/privacy.html and incorporated here by reference. If you do not agree to any of these terms and the A4 Labs Inc. privacy notice, please do not use our services.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.artsnapz.com/terms.html). A4 Labs Inc. may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
A. These Terms of Service apply to all users of the artsnapz mobile app, including users who are also contributors of text content, information, and other materials or services on the app.
B. The artsnapz app may contain APIs to third party services that are not owned or controlled by A4 Labs Inc. A4 Labs Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, A4 Labs Inc. will not and cannot censor or edit the content of any third-party site. By using our products, you expressly relieve A4 Labs Inc. from any and all liability arising from your use of any third-party website.
A. In order to access features of our products, you will have to create an artsnapz account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify A4 Labs Inc. immediately of any breach of security or unauthorized use of your account.
B. Although A4 Labs Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of A4 Labs Inc. or others due to such unauthorized use.
C. You will not create an account if you are under 13 years of age.
D. You will not use artsnapz if you are a convicted sex offender.
E. You are encouraged to create no more than one account. Using multiple accounts for any malicious activity will result in immediate account termination.
F. The administration of the site reserves the right to terminate any account without notice.
A4 Labs Inc. hereby grants you permission to access and use the artsnapz app as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the app, including but not limited to User Submissions (defined below), without A4 Labs Inc.'s prior written authorization.
B. You agree not to alter or modify any part of the artsnapz app.
C. You agree not to access User Submissions (defined below) or artsnapz Content through any technology or means other than those provided by A4 Labs Inc. (ie, the artsnapz app).
D. You agree not to use the artsnapz app for any commercial use, without the prior written authorization of A4 Labs Inc.. Prohibited commercial uses include any of the following actions taken without A4 Labs Inc.'s express approval:
* sale of access to the artsnapz app or its related services on another website;
* use of the artsnapz app or its related services for the primary purpose of gaining advertising or subscription revenue;
* and any use of the artsnapz product or its related services that A4 Labs Inc. finds, in its sole discretion, to use A4 Labs Inc. resources or User Submissions with the effect of competing with or displacing the market for A4 Labs Inc., artsnapz content, or its User Submissions.
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses our service in a manner that sends more request messages to the artsnapz servers in a given period of time than a human can reasonably produce in the same period by using the artsnapz mobile app. Notwithstanding the foregoing, A4 Labs Inc. grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. A4 Labs Inc. reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website or mobile app, nor to use the communication systems provided by our products (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the artsnapz service with respect to their User Submissions.
F. In your use of the artsnapz service, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
G. A4 Labs Inc. reserves the right to discontinue any aspect of the artsnapz service at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the artsnapz services, including the artsnapz mobile app.
A. The content on the artsnapz service, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to A4 Labs Inc., subject to copyright and other intellectual property rights under the law. Content on artsnapz is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. A4 Labs Inc. reserves all rights not expressly granted in and to the artsnapz mobile app and the Content.
B. You may access User Submissions solely:
* for your information and personal use;
* as intended through the normal functionality of the artsnapz Service;
C. You may access artsnapz Content, User Submissions and other content only as permitted under this Agreement. A4 Labs Inc. reserves all rights not expressly granted in and to the artsnapz Content and the artsnapz Service.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website or mobile app for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the artsnapz app or website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the artsnapz Service or the Content therein.
F. You understand that when using the artsnapz service, you will be exposed to User Submissions from a variety of sources, and that A4 Labs Inc. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against A4 Labs Inc. with respect thereto, and agree to indemnify and hold A4 Labs Inc., its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
A. As an artsnapz account holder you may submit textual, audio, visual, or audiovisual content including but not limited to photos, comments, polls, profile images, or instant messages. User submitted content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, A4 Labs Inc. does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize A4 Labs Inc. to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to A4 Labs Inc., you hereby grant A4 Labs Inc. a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with the artsnapz Website, mobile app, related services, and its affiliates. You also hereby waive any moral rights you may have in your User Submissions and grant each user of the artsnapz Service a non-exclusive license to access your User Submissions through the artsnapz Service. You understand and agree, however, that A4 Labs Inc. may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
D. In connection with User Submissions, you further agree that you will not 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 and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant A4 Labs Inc. all of the license rights granted herein.
A. A4 Labs Inc. will terminate a User's access to its Website if, under appropriate circumstances, the User is determined to be an infringer.
B. A4 Labs Inc. reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. A4 Labs Inc. may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
YOU AGREE THAT YOUR USE OF THE ARTSNAPZ MOBILE APP AND RELATED SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, A4 LABS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF DEVICES THAT EXECUTE MOBILE APPLICATIONS ACCESSING ARTSNAPZ AND RELATED SERVICES) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. A4 LABS INC. MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS (ARTSNAPZ) SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ARTSNAPZ WEBSITE OR MOBILE APPS AND RELATED SERVICES. A4 LABS INC. EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. A4 LABS INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ARTSNAPZ WEBSITE, MOBILE APP, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND A4 LABS INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
IN NO EVENT SHALL A4 LABS INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND/OR MOBILE APPLICATIONS, (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 WEBSITE, MOBILE APPS, OR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ARTSNAPZ WEBSITE OR MOBILE APPS AND ASSOCIATED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT A4 LABS INC. SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. A4 Labs Inc. makes no representations that the artsnapz website, artsnapz mobile app, or related services are appropriate or available for use in their locations. Those who access or use the artsnapz website, mobile app, or related services, do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless A4 Labs Inc., officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the artsnapz Website or Mobile Applications; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the artsnapz Website or Mobile Applications.
You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 13, as artsnapz is not intended for children under 13 unless authorized by your legal guardian.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by A4 Labs Inc. without restriction.
You agree that: These Terms of Service, together with the Privacy Notice at http://www.artsnapz.com/privacy.html and any other legal notices published by A4 Labs Inc. on the Website, shall constitute the entire agreement between you and A4 Labs Inc. concerning the artsnapz Website, artsnapz Mobile Applications, and associated Services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and A4 Labs Inc.'s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. A4 Labs Inc. reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the artsnapz Website or artsnapz Mobile Application or associated Services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND A4 LABS INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY A4 LABS INC. PRODUCTS, INCLUDING THE ARTSNAPZ WEBSITE, ARTSNAPZ MOBILE APP, AND ANY RELATED SERVICES, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last modified: June 7, 2013