Last Update August 9, 2022
SnapAds website is owned and managed by SNAPADS INC, TX (further referred as “The Company”, “Website”, “Site”, “Sites”, “Service” or “Services”). If you arrived on the Site after having been redirected or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.
SnapAds and its users (“Creators”) while applying to any of the promotional requests (“Campaign”) posted by other users (“Business”) agree to follow industry best practices, including full, fair and effective disclosures of material facts relating to their publications, produced in order to fulfill the Business’ Campaign. We require that all bloggers, influencers and similar persons (“Creators”) adhere to the guidelines set forth below when blogging, tweeting, posting or otherwise publishing content about Business’ or Client’s products or services. The publications should meet the guidelines and compliances. Please note, that following these guidelines is each Creator’s responsibility, and SNAPADS INC is not tracking, managing or otherwise impacts the publications or any content posted on third-party services and/or social networks such as TikTok, Instagram, Facebook, Twitter, YouTube or others.
The Site is a Venue and We are Not a Party to marketing agreements or advertising agreements between businesses and creators. Creators act as Independent Contractors. Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.
Businesses looking for an alternative method of marketing and advertising use our service for the purpose of finding creators to help inform customers of their products or services. Creators are individuals using their talents and skills to create content for business to market or advertise to customers.
Businesses that make postings understand they are giving up the right to control the content created and posted by Creators. They will not hold the creator nor the Company responsible for content created or portrayed on the Site or other advertising related sites.
Creators understand their advertisement is not endorsed or sponsored by the business, but instead meant for the creator’s direct network in mentioning and sharing insight, reviews, or unique view of the posting. However, any content can be distributed outside the creator’s network at any time
Entities creating posting cannot complain, approve, disapprove, or seek judgment for any content created by a post or any impacts a post may have. It is understood that the intent is for content to be promoted for the creator’s direct network, but distribution outside of that network is possible and may happen from time to time.
The Site is intended for businesses to have access to creators who can produce and promote ads to the creator’s direct network in helping businesses find more customers. Creators content is owned by the creator and the business may not use the creator’s content for any promotional use, distribution, and rebranding.
Each user can report on any posted content in case they think it violets some or any, but not limited to, of the following:
If such a report takes place, moderators and owners of SnapAds will review the case by an appropriately assigned person. In some cases the cross-posted content from third-party services and social networks could be removed, unlinked or otherwise hidden from the SnapAds website.
The terms apply to each Creator if:
We do not knowingly collect the information of anyone under the age of 18.
All creators agree that they will follow the below stated rules for promoting content on behalf of any post. They also agree they will not create content that they know may have a negative impact on a business, brand, or customers. Creators will follow the below rules:
You shall not:
Respect Intellectual Property Rights
Intellectual Property is the legal rights of works that people create or invent. Intellectual property rights may include copyright, trademark, and trade secret rights, as well as the right to use someone’s name, likeness, image, or voice. Examples include photographs, videos, music (including song lyrics), trademarks/logos, brand names or brand packaging, personal names/likenesses (including anyone’s name/likenesses), quotes and writings. Creators need to make sure, before posting and adding any content on the SnapAds website that includes such elements, that they have the legal right to do so. This could be achieved in different ways, for example, by getting a written permission from the third party who owns the rights or in any other way set by the law.
Each Creator admits that the violation or infringement of any intellectual property may cause legal implications. The SnapAds website and SNAPADS INC is not responsible in any way, nor controlling what content pieces may violate any intellectual property rights, and this responsibility is fully on those who post or add such content on the SnapAds website.
The following advice can be useful:
This applies to any materials Creators create, post or make publicly accessible in the Internet, including on the SnapAds website.
When posting about Businesses’ products or services, Creators are solely responsible for complying with all applicable regulations, laws and guidelines.
This might mean that they must disclose in their posts or publications “material connections” with Business, and include any hashtags (such as #ad or #sponsored).
Note that when you post and make publicly accessible any content about Business, neither SnapAds nor Business will be responsible for any failure by Creator to comply with the lawful guides, local laws. They must obtain all third party clearances and permissions with respect to content they post.
Give Your Honest and Truthful Opinions
Creators’ statements in their posts or content should always reflect their honest and truthful opinions and actual experiences about products or services. We endorse all Creators to share their truthful opinion while creating content for the applied Campaign.
Each Creator should only make a factual statement about Business’ product or services, characteristics or quality which they know for certain is true.
Comply with other policies and laws
Creators should comply with the terms, conditions, guidelines and policies of any service that they use and all applicable laws including, for the avoidance of doubt, FTC guidelines, the United States Copyright and Trademark Acts, EU Regulation (EU) 2016/679 (General Data Protection Regulation), the California Consumer Protection Act (CCPA), and the UK Data Protection Act 2018 (as amended or superseded from time to time) and the ASA Guides. Creators are responsible for complying with all regulations, laws and guidelines in carrying out any statements or providing any content about Businesses products or services.
Protection of Personal Information
SnapAds recommends making sure to protect Creators’ privacy by keeping in mind that they post in public. For example, we advise them not to share personal or sensitive information about themselves or their family. Such information that they may not want to make available to the public.
Users are responsible for, and agree to abide by, all laws, rules, and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site, including, without limitation, the Fair Housing Act and other anti-discrimination and fair housing laws, laws related to credit cards and payment processing, relevant licensure requirements, and privacy laws.
You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related activities as we may reasonably request. If we disable your account, you will not create another one without our permission.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Site or through any tool or service provided on the Site.
You agree to promptly provide notice to the Site by contacting us regarding any updates to any such contact information previously submitted by you to the Site.
Each member agrees to promptly provide such proof of personal identification. Each member further represents and covenants that it owns and/or has all necessary rights and authority to market and advertise for the member and company of which it is creating or posting ads for.
Respect Others’ Privacy
SnapAds recommends not including personal information about any third party that has not been voluntarily made available by themselves, to share in posts or publications. This includes any information that may make it possible for someone to reasonably identify another person.
Limited License to Use the Site, Warranty, Limitation of Liability
In exchange for certain compensation, products and/or experiences, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, SnapAds engages Creators to perform, and Creators agree to perform and make posts or publications specified in the Business’ Campaigns for the fees and compensation set forth and shown in the Campaign or as otherwise agreed-to via the SnapAds website for any Campaign. Except as otherwise expressly provided herein, Creators will perform at its own expense and using its own resources and equipment.
Users are granted a limited, revocable, non-exclusive license to access the Service and Site and the content and services provided on the Site solely for the purpose of posting for an advertisement any of the products or services offered on any Site, participating in an interactive area hosted on any Site or for any other purpose clearly stated on a Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
Use of the Service does not give you ownership of any intellectual property rights in the Service or any content posted on the Service. You own what you post on the Service (unless you copied it from someone else) but you grant us a license to copy, host, display, create derivative works from, publish, publicly perform, display, and distribute, and otherwise make use of in connection with providing the Service, all information and content you post so long as you have an active account
You shall not (i) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, the Services or any Site; (ii) copy, decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Services or any Site, in whole or in part, for competitive purposes or otherwise; (iii) allow access to, provide, divulge or make available the Service or Site to any user other than those who have licenses to access them; (iv) write or develop any derivative works based upon the Services or Sites; (v) modify, adapt, translate or otherwise make any changes to the Services or Sites or any part thereof; (vi) otherwise use or copy the Services or Sites except as expressly permitted herein; or (ix) remove from any Services or Sites any identification, patent, copyright, trademark or other notices or circumvent or disable any security devices functionality or features. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engines” do not include a website or search engine or another service that provides classified posting or business advertisements, or any subset of the same or which is in the business of providing advertising or other services that compete with us. You may not “deep-link” to any portion of the Site or Services without our written permission. You may not use the Services or the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability. If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth under "Contact Us" below.
THE SERVICE IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS/THIRD PARTY VENDORS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES FOR THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SEAWORTHINESS, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE RESPONSIBLE FOR LOST INFORMATION, PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF THE COMPANY, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO
WE SHALL NOT HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH US AND OTHER USERS.
In the event that you use any of our tools that we may from time to time offer that integrates in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.
We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user contributed content for any reason whatsoever, including that which fails to meet our Content Guidelines, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our sole discretion. We reserve the right, but do not assume the obligation, to edit a member’s content or user contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements or to provide services to members to create or improve on postings (such as translation services), in accordance with information we have about the posting. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.
At a minimum, user-contributed content must (as determined by us in our discretion):
By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a posting, we will not continue to display the user-contributed content that was displayed in such postings. In the event that it is determined that you retain any intellectual property rights in the user-contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.
You further grant us and our affiliates the ability to protect the intellectual property interests of any user-contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution.
You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s postings or otherwise provide promotional or other services related to our business.
We may also provide members’ listing information, or otherwise provide for the distribution of such listings on a third party website. Additional terms and conditions may apply to such distributions, which will be the responsibility of the user. We may post your listing to many third-party websites that partner with us.
All postings and associated advertisements must not discriminate based on preference toward any specific race, color, national origin, religion, sex, familial status, handicap (disability), or any other protected class within an applicable jurisdiction. We reserve the right to remove any postings and content and suspend any account that does not meet the standards outlined in the Federal Fair Housing Act, similar and applicable state acts, and/or applicable county or municipal ordinances. A guide to these requirements and restrictions can also be found on The Website and are subject to update, amendment, revision or replacement at any time or from time to time solely at our discretion.
You represent, warrant and covenant to us that all content you provide (“user contributed content”), including, but not limited to information related to business is true and accurate to the best of your knowledge. You may not post, transmit, or share user contributed content that you did not create or that you do not have permission to post. You assume full responsibility for, and agree to indemnify us against any liability arising out of, any and all user contributed content that you post on or through the Services or the Sites, as well as for any material or information that you transmit to other users of the Sites and for your interactions with other users.
You represent, warrant and covenant that you have the full power and authority to enter into these Terms and to perform your obligations; your acceptance of and performance under these Terms will not breach any oral or written agreement with any third party or any other obligation owed to any third party to keep any information or materials in confidence or in trust; and that you will comply with any and all applicable local, state, and/or national laws or regulations applicable to you, including, without limitation, those privacy, fair housing, and anti-discrimination laws.
Creator shall perform and develop any pieces of content hereunder for Business as their own work product, including all copyrights, trademarks and other intellectual property rights embodied therein (collectively, the “Work Product”) shall be owned by the Creator. Creators have an exclusive, irrevocable, and non-transferable license in respect of the Deliverables (stated in the agreement) in favor of the Client (i.e. Client shall be the licensee) which shall permit the Client to use, copy, reproduce, display or distribute the Deliverable (or parts thereof, including images) in any and all media. The license shall permit the Client to use the Creator’s name/likeness/social media handle or channel/blog name and any other Creators attributes (collectively, “Influencer’s Name and Likeness”) in any manner that support the purposes of the agreement and any Campaign, to the extent embedded in the Deliverables (which license shall grant Client the right to use edits, cuts, video excerpts, photos and stills of the Creator’s Name and Likeness.
Creators agree to defend, indemnify and hold harmless SnapAds, Business and their respective officers, directors, employees, business partners and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
By submitting a photograph or video to us, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph and video, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of The Company from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the member’s responsibility to obtain reproduction permission for all photographic, video, music and other material used including music. The member warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Further, each member agrees that we may reproduce in whole or in part any photographic or video material supplied by such member in the promotion of either such member’s property or the promotion of the Site. As part of the Services, we will provide members notification of and access to creators postings. Members further agree to indemnify us and hold us harmless as a result of any claims resulting from their access to unsanctioned material.
You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Services or any Site, we have granted to you a limited license to use such information only for: (a) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or Leasing an online Leasing or charging a personal credit card). Any other purpose or disclosure requires express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
You must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them under applicable law. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without both our consent and the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
As set forth in each Campaign, Creators receive payments to their internal wallet that shows their available balance in USD. All payments, payouts and other financial actions are powered via Stripe. The SnapAds website can hold off partially or in full the amount that Creator receives as a reward through Campaigns. Creators are able to withdraw their monetary rewards to their bank accounts. The following terms and rules apply:
The prices shown in each Campaign are approximate, based on what Businesses desire to pay to the Creators, but might be changed, limited or otherwise impacted by SnapAds. The payment (the total price of Campaign) is distributed by the number of views of each Creator’s post and/or publication between Creators that applied to Campaign. Note, that since this data is stored and pulled from the third-party services and/or social networks using official APIs and other integration tools, the price and/or monetary reward might be different to what each Creator expects or calculated. The price per view shown on the SnapAds website per each Campaign is an approximate amount and depends on different variables and human-factors such as
Payment for subscriptions and postings must be made to us in the U.S. Dollars paid either by major credit or debit card, or a check drawn on a U.S. bank.
Subscription Renewals. For any subscription paid for by credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current non-promotional subscription rate. If such subscription was purchased by check or another form of payment other than by credit card (if such other payment form was permitted), such subscription shall not be automatically renewed. Automatic renewal applies to all subscriptions purchased by credit card. If you wish to turn off auto-renewal, you must log on to your account and manually turn off auto-renewal in your owner dashboard found on The Website, at least calendar 5 days prior to the expiration of the then-current term. Your subscription will remain active through the expiration of your then-current subscription term; however, your subscription will not be automatically renewed upon the expiration of your then-current term.
If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your credit card at the renewal of your subscription term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same of the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary.
All Sales are Final. No refunds are available. All sales, subscriptions, and other transactions are final.
The recipient of payment, such as a seller or a third party facilitating your payment transaction (“Facilitator”) may charge you additional service fees (“Facilitator Fee”) based on their terms and conditions. We recommend that you review Facilitator Fee terms before completing your payment.
In addition, a convenience fee or similar can be charged for any payment made from a checking account via the ACH network, credit card or debit card. These fees are posted at the point of sale and included within a payment. Convenience fees are paid by the payer.
We respect the intellectual property rights of others, and The Company does not permit, condone, or tolerate the posting of any content on the Site that infringes any person's copyright. The Company will terminate, in appropriate circumstances, a member who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement.
We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms.
These Terms may be changed at any time by agreement of authorized representatives or parties, without any public notice.
Changes to the Site, Terms and Conditions, or Subscriptions. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms became effective on the date set forth above and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a user, is to discontinue your use of the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.
Subscription rates and fees (including any commissions) charged for any listing that is not subscription based (such as pay-per-Leasing or pay-per-lead) are set at the time of a user or member’s purchase of the subscription or renewal or registration for the non-subscription based, listing, as applicable. Such rates and fees are subject to change without notice or approval. For subscription postings, the rates in effect at the time of the member’s next subscription renewal, new listing or a member’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order.
Assignment: We may assign these Terms at our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them, nor are we required to treat them as confidential. If you choose to submit any ideas, original creative artwork, suggestions or other works (“Feedback”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. If you provide any Feedback to us, you agree that: (1) the Feedback and its contents will automatically become our property, without any compensation to you; and (2) we may use or redistribute any such submission and its contents for any purpose and in any way. To provide feedback, you can contact us as provided under “Contact Us” or within an account under the “Support” or “Feedback” section.
United States Export Controls
The Site is subject to United States export controls. No Software available on the Site or software available any other site operated by us may be downloaded or otherwise exported or re-exported (a) into (or to a resident of) Cuba, Iraq, Russia, Belarus, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, 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.
Links to Third Party Sites
This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms. Third Party Leasing Services Software. There are some Members, typically businesses, who use the software provided by our affiliate, The Company Software, or a third party. Such software (“Other Leasing Services”) may be governed by terms provided by the third parties or Members making such Other Marketing Services provided. Users who use such Third Party Marketing Services are responsible for complying with such terms in addition to our Terms, including, but not limited to the following. All sales of third-party products are final and no refunds will be provided.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, OUR FINANCIAL INSTITUTION PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS FROM ANY THIRD PARTY CLAIMS, ACTIONS, PROCEEDINGS, AND SUITS AND RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND OTHER LITIGATION EXPENSES) ARISING FROM: (A) YOUR VIOLATION OF THESE TERMS OR ANY OTHER APPLICABLE TERMS OR POLICIES OF THE COMPANY OR OUR FINANCIAL INSTITUTION PARTNERS; (B) YOUR USE OF PAYMENT PROCESSING; (C) ANY USE OF USER CONTRIBUTED CONTENT YOU PROVIDE OR INTERACT WITH, (C) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; AND/OR (D) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHTS, OR ANY APPLICABLE LAWS, REGULATIONS OR RULES.
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
Jurisdiction, Choice of Law and Forum, Limitation of Action
ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF TEXAS, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE AND CONSENT THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE STATE OR FEDERAL COURTS IN TRAVIS COUNTY, TEXAS WHICH YOU ACKNOWLEDGE, CONSENT TO AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES. YOUR FURTHER AGREE THAT ANY CAUSE OF ACTION OR LITIGATION ARISING OUT OF OR RELATING TO THE SERVICE AND THESE TERMS AND CONDITIONS MAY ONLY BE MAINTAINED ON AN INDIVIDUAL BASIS, AND ANY RIGHT TO PURSUE ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S INDIVIDUAL CLAIMS OR BE RAISED ON BEHALF OF A CLASS OF PARTIES.
ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN TRAVIS COUNTY, TEXAS, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.
Except as explicitly stated otherwise, any notices to us shall be given by postal mail to the reference in the Contact Us section. When we need to send you a notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). The notice shall be deemed given upon receipt or 24 hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such a case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.
Entire Agreement, Conflict, Headings and Severability
These Terms constitute the entire agreement between us and you with respect to the matters set forth herein and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
There are limited ways in which you may use our trademarks or logos without specific prior written authorization. The following are general guidelines: It is usually permissible for you to refer to The Company or the name of one of our affiliate websites on which you list your property in a descriptive manner in your listing on the Site or in other permissible communications. For example, you might say "Check out my ad on The Website", or "I created an ad on The Website." However, you may not refer to The Company or any of our affiliates in any way that might lead someone to believe that your company or site is sponsored by, affiliated with, or endorsed by The Company or one of our affiliates. For example, you may not say “SnapAds sponsors my business,” or describe your business as “SnapAds’s best offering.” You may not use our name or one of our affiliates’ names on any other website that posts add content without our prior written authorization. You may not use SnapAds as a name in an email address (e.g. SnapAds@gmail.com, SnapAds@YOURWEBITE.com). Our name and logo and those of our affiliates are registered trademarks in the United States and other jurisdictions around the world. We generally do not permit the use of our names and logos, other than as described above or with our prior written authorization. If you want permission to use our name and/or logo in any other manner, including, without limitation, on any website, business card, signage, t-shirts, etc.
Users agree that all e-signatures provided to each other or The Company are binding and as if they used their own pen signatures. All contracts and commitments and binding.
Identity Verification. To ensure the safety and protection of our customers, prior to allowing access to certain features of the service, we require identity verification either directly with us or through third-party identification verification services. Identity verification may require further information based on your credit and account profile. You acknowledge and understand that you are providing ‘written instructions’ to us under the Fair Credit Reporting Act authorizing us to obtain information from your personal credit profile or other information. You authorize us to obtain such information solely to confirm your identity. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE US TO VERIFY THE IDENTITY OF ANY USER ON THE WEBSITE NOR WILL WE HAVE ANY LIABILITY FOR FAILURE TO VERIFY ANY USER’S IDENTITY.
SNAPADS INC may use our affiliates or subcontractors to perform our obligations.
Contact us immediately if you think that: (a) your account has been accessed without your authorization, (b) a transaction that you did not authorize has occurred, (c) a transaction has been processed incorrectly to or from your account, or (d) your account statement contains an error regarding your transaction history (each, an Error). If you give someone access to your account and that person conducts transactions without your authorization, these transactions are not considered Errors, unless you are the victim of a phishing attack or similar exploit. We must hear from you within 60 days after we provided the account statement on which the suspected Error first appeared. If you notify us by phone, we may require that you send us your inquiry by email within 10 business days. We will determine whether an Error occurred within 10 business days after you notify us and will correct any Error promptly. If we need more time, we may take up to 45 days to investigate. If we decide to do this, we will credit your account within 10 business days for the amount of the suspected Error. If we ask you to send your inquiry by email and we do not receive it within 10 business days, we may not credit your account. For Errors involving new Accounts, we may take up to 90 days to investigate and may take up to 20 business days to credit your Account. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no Error, we will provide you with a written explanation. You may ask for copies of the documents that we used in our investigation.
If we are unable to perform any of our obligations under these Terms because of any cause beyond our reasonable control of and not our fault, including any act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, destruction of production facilities, riot, insurrection or material unavailability, our performance will be excused, and the time for such excusal from performance will be extended for the period of delay or inability to perform due to such occurrences.
Our failure to insist in any one or more instances upon performance of any term of these Terms will not be construed as a waiver of future performance of the term, and your obligations will continue in full force and effect. The provisions of these terms are severable. The invalidity or unenforceability of any term or provision in any jurisdiction will be construed and enforced as if it has been narrowly drawn so as not to be invalid, illegal or unenforceable to the extent possible and will in no way affect the validity or enforceability of any other terms or provisions in that jurisdiction or of the entirety of these Terms in that jurisdiction.
Attn: Customer Satisfaction Officer
E-mail address: firstname.lastname@example.org