Terms and conditions

Last change: 14th July, 2015

Thank you for using Sniptracker!

These Terms of Service ("Terms") govern your access to and use of Sniptracker's website, products, and services ("Services"). Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and by our Privacy policy.

IF YOU DO NOT ACCEPT THESE TERMS OF SERVICES, PLEASE DO NOT USE THE SERVICES

1. Using Sniptracker

a. Who can use Sniptracker

You may use our Services only if you can form a binding contract with Sniptracker, and only in compliance with these Terms and all applicable laws. When you create your Sniptracker account, you must provide us with accurate and complete information. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Some of our Services may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Services, and these Terms will apply to such upgrades.

b. Our license to you

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services.

2. Your Content

a. Posting content

Sniptracker allows you to post, link, store, share and otherwise make available content, including snippets, dashboards, photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content."

b. Content rights

You retain all rights in, and are solely responsible for, the User Content you post to Sniptracker, including its legality, reliability, and appropriateness. You represent and warrant that: the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

b. How Sniptracker and other users can use your content

You grant Sniptracker and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Sniptracker solely for the purposes of operating, developing, providing, improving and using the Sniptracker Services. Nothing in these Terms shall restrict other legal rights Sniptracker may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies. User content may be stored and processed in Slovenia or any other country where Sniptracker or affiliated companies have facilities, and you consent to the transfer of information outside of your country.

c. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from Sniptracker, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Sniptracker and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Sniptracker.

d. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make Sniptracker more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Sniptracker does not waive any rights to use similar or related Feedback previously known to Sniptracker, or developed by its employees, or obtained from sources other than you.

3. Acceptable Use

a. You must make sure that your use of the Services does not, in any way, process User Content or Third party content that may:
  • contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right, trademark or any other intellectual property right of any person;
  • be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
  • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to access, distribute, store or transmit any Virus using the Services;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
  • be used to advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
b. You also aren’t allowed to:
  • use Sniptracker’s name, logo, trademark or branding without our consent if it's not directly referencing our Company or Services;
  • use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Service in a manner that sends more request messages to the Service than a human can reasonably produce in the same period of time;
  • attempt to interfere with or compromise the Service integrity or security including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Services.
  • access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes without prior consent from Sniptracker;
  • license, sublicense, sell, resell, transfer, assign or distribute the Services or derive income from the use of the Services, whether for direct commercial or monetary gain or otherwise without prior, express, written permission;
  • modify or make derivative works based upon the Services, or "frame" or "mirror" any User content of the Services on any other server or wireless or Internet-based device;
  • modify, reverse engineer, decompile, disassemble or access any computer code relating to the Services in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics of the Services, or copy any ideas, features, functions or graphics of the Services;
  • use Services to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake. You understand that Services are not designed for such purposes and that their failure in such cases could lead to death, personal injury, or severe property or environmental damage for which Sniptracker is not responsible;

4. Support and Availability

a. Support services for the Services will be provided entirely at Sniptracker's option and discretion.

b. You acknowledge that your use of the Services may be dependent on access to various third party data sources (for example, snippets). You agree that Sniptracker is not responsible for the non-availability or interruption to the Services caused by any such non availability of any such third party data source.

c. No party shall be liable to the other for any delay or non-performance of its obligations under these Terms of Service arising from any cause beyond its control including, without limitation, any of the following: telecommunications failure, internet failure, act of God, governmental act, war, fire, flood, explosion or civil commotion.

5. Copyright Policy

Sniptracker respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your User Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

  1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. identification of the copyrighted work claimed to have been infringed;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. your contact information, including your address, telephone number, and an email address;
  5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Sniptracker will also terminate a user’s account if the user is determined to be a repeat infringer.

6. Security

We care about the security of our users. While we work to protect the security of your content and account, Sniptracker cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

When you create an account with us, you are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.

7. Third-Party Links, Sites, and Services

Our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Sniptracker. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Sniptracker, you do so at your own risk and you agree that Sniptracker will have no liability arising from your use of or access to any third-party website, service, or content.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit or use in our Services.

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

9. Indemnity

You agree to indemnify and hold harmless Sniptracker and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Services, (b) your User Content, or (c) your breach of any of these Terms.

10. Disclaimers

The Services and all included content are provided on an "AS IS" basis without warranty of any kind, whether express or implied.

SNIPTRACKER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Sniptracker takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNIPTRACKER ENTITIES (SNIPTRACKER, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) ANY CONTENT OBTAINED FROM THE SERVICE (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SNIPTRACKER ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

12. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of Slovenia, without regard to its conflict of laws principles.

13. General Terms

Notification Procedures and changes to these Terms.

Sniptracker reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Assignment.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sniptracker without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability.

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Sniptracker in connection with the Services, shall constitute the entire agreement between you and Sniptracker concerning the Services. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Sniptracker's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.