These "Terms of service" set forth the terms and conditions that apply to your use of SnackTools.com (the "Web Site") and all other "SnackTools" Services (definitions bellow). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of service set forth herein. The right to use the Web Site is personal to you and is not transferable to any other person or entity.
BY CREATING A SNACKTOOLS ACCOUNT AND/OR USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE OUR SERVICES.
DEFINITIONS
"Company" shall mean Smartketer LLC and/or any of it's affiliates, individually and collectively. Generally, Terms are a contract between you and Smartketer LLC.
"Company Parties" shall mean the Company, its affiliates and subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors.
"SnackTools", shall mean Smartketer LLC and SnackTools.com
"Services" shall mean any of the internet based or other services offered by the Company, including, but not limited to, those listed at the bottom of this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cell phone or otherwise.
"User Contributed Content" shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, greeting cards, "Skins", "Sketches", or files) uploaded by a user through the Service or otherwise integrated into the Service by a user.
"User Created Art" shall mean any intellectual property created by a user as part of his or her use of the Service.
WHAT THE COMPANY IS PROVIDING
A. Subject to your acceptance of these Terms, the Company grants to you a non-exclusive, non-transferable, revocable limited license to use the Service and related software and to display the results of such Service. You agree not to copy or distribute the content of the Service except as specifically allowed in these Terms. You also agree that you have no right to access, view or alter any source code or object code of the Company.
B. The Company reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
C. The Company grants you a limited revocable license to post an image of your User Created Content, on your own personal web site or on a third party web site that (i) permits posting of content at the direction of users provided that such third party web site does not obtain any rights to such content other than a non-exclusive license to post it at your direction, (ii) complies with all applicable laws, and (iii) does not contain material which, in the reasonable judgment of the Company, might adversely affect the value of the Services, or the Company's name or goodwill, and provided that you do not remove or obscure any Company branding on your User Created Content and do not disable any links contained therein. The Company expressly reserves all its rights and remedies and may revoke this limited license, in whole or in part, at any time upon notice.
YOUR AGREEMENTS
A. You represent that you have the right, authority, and capacity to enter into the agreement represented by these Terms and to abide by all of the terms and conditions of these Terms.
B. You represent to the Company that you are at least 13 years old, and if you are less than the age of consent in the jurisdiction in which you are located, your parent or legal guardian has reviewed these Terms, you have his or her permission to use the Service, and he or she has consented to these Terms on your behalf. (Please be aware that the Company may create certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.) If you are not at least 13 years old, you must discontinue using the Services immediately.
C. You agree to be bound by any additional rules or policies published with respect to any application, forum, contest or game within the Service.
D. You acknowledge that your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will not only be regarded as a breach of these Terms, but also as an infringement of the Company's copyrights in and to the Service. The Company reserves the right to terminate your access to the Service without notice if you violate these Terms, and/or to pursue other remedies at law or in equity.
E. You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of the Company.
F. You warrant that any User Created Art is your original work and that your contribution to the User Created Art does not violate any third party's privacy rights, publicity rights, copyrights, trademarks or other intellectual property rights, and you agree to pay all royalties, fees, and any other amounts that may be owing to any person with respect to your contribution to User Created Art.
G. You represent that you have the right to display each and every item of User Contributed Content which you have released through the Service, including the right to display all copyrights, trademarks, trade names and similar intellectual property interests reflected therein or thereon.
H. You acknowledge that you do not rely on the Company to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
I. You agree that all goodwill that arises in connection with your use of the Services or the Company's trademarks inures exclusively to the Company, and you agree not to challenge the Company's ownership or control of any Company trademarks and trade names, nor use or adopt any trademarks or trade names that might be confusingly similar to such trademarks.
J. You agree that if you access the Service through a social network or other mechanism other than a website owned or controlled by the Company, you must be a registered member of that social network and be in compliance with the policies or terms of use/service of that network.
K. You agree that these Terms do not entitle You to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Services (collectively, "Updates"). The Company, however, may occasionally provide automatic Updates to the Services at its sole discretion (and without any advanced notification to you). Any such Updates for the Services shall become part of the Services and subject to these Terms.
L. You acknowledge that we may delete your account for any reason or for no reason at all, and if we delete your account as provided in these Terms (for example because of your violation of our Copyright Policy), you will lose all Virtual Goods and Virtual Currencies in your account, whether those items were provided to you gratuitously, or due to a payment of cash or the performance of services, and in such event, the Company shall have no obligation to make any refund to you. Until such times as these Terms are changed to the contrary, you will have no right to convert our virtual currency into actual money or into any tangible property.
M. You agree to follow the rules set forth below under "User Conduct".
COPYRIGHTS AND TRADEMARKS
- All materials contained on the Web Site are copyrighted by Smartketer LLC. All rights reserved.
- No person is authorized to use, copy or distribute any portion the Web Site including related graphics.
- SnackTools, Smartketer and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify SnackTools.com and the goods and/or services provided by SnackTools.com. Such marks may not be used under any circumstances without the prior written authorization of Smartketer LLC.
OWNERSHIP OF COMPANY INTELLECTUAL PROPERTY
A. Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by the Company and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. The Company, its logos, and all product names are trademarks of the Company and may not be used without the express written permission of the Company.
B. You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods or virtual currency (see Section VI, below).
C. You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of the Company.
OWNERSHIP OF INTELLECTUAL PROPERTY CONTRIBUTED BY YOU OR CREATED BY YOU
A. User Contributed Content
1. The Company does not claim ownership of User Contributed Content;
2. By sharing User Contributed Content through the Service, however, you agree that you are granting permission for reproduction/printing of such content by any recipient or viewer of such content for his or her personal use and by the Company solely to provide the Service to you and others, to market the Service, and to illustrate the operation of the Service. You understand that the Service may involve the transmission of content over various networks and changes to content to conform and adapt to technical requirements of connecting networks, devices or display media.
B. User Created Art
1. You understand and agree that (i) to the greatest extent permitted by applicable law, User Created Art, and any related intellectual property rights are "works made for hire" and are compensated by right to use the Service, (ii) the Company is the sole owner of all rights in such User Created Art, and you assign to the Company without royalty or any other further consideration your entire right, title and interest (including patent rights, copyrights, trade secrets, mask work rights, and all other intellectual property rights throughout the world) in and to all intellectual property contained in any User Created Artwork, (iii) the Company has the right to use, modify, reproduce and distribute the User Created Art and to make derivative works thereof and/or to license such User Created Art to any person, and (iv) the Company may exercise these rights in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
2. You understand that the Company is not obligated to pay you anything for your User Created Art, or to feature or otherwise display your User Created Art on any web page, and that the Company is entitled to use your User Created Art for any purpose, to include it on tee shirts or coffee mugs or elsewhere, all without any obligation to identify you as the creator thereof or otherwise acknowledge your contribution.
3. To the extent that the Company is determined, for any reason not to be the owner of any element of any User Created Art (including all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights," "artist's rights," "droit moral," or the like (collectively "Moral Rights"), you hereby ratify and consent to any action that may be taken with respect to such Moral Rights by or authorized by the Company and agree not to assert any Moral Rights with respect thereto. You further agree that you will confirm any such ratifications, consents and agreements from time to time as requested by the Company.
C. Comments, Feedback, Suggestions, Ideas, And Other Submissions
The Service may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Contributed Content to the Company and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to the Company or otherwise through the Service will be treated as non-confidential and non-proprietary. All comments, feedback, suggestions, ideas, forum posts and other submissions ("Ideas") disclosed, submitted, or offered to the Company in connection with the use of the Service or otherwise and any chat, blog, message board, online forum, text, email or other communication with the Company ("User Emails") shall be the exclusive property of the Company. You agree that unless otherwise prohibited by law, the Company may use, sell, exploit and disclose the Ideas and/or the User Emails in any manner, without restriction and without compensation to you. For example, We may use User Content in a number of different ways, including displaying it on the internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.
VIRTUAL CURRENCIES/GOODS
SnackTools virtual currency can be licensed with US dollars. Points are the only currency that you can use to pay for the premium features in all of our Services. SnackTools points can NOT be cashed out as US dollars or other currency; also, subscription points will expire on specific expiring dates that are shown in each user's account.
A. License to Use Virtual Currency
You acknowledge that the Services include a component of fictional currency (called "Points"or "Virtual Currency"), which constitutes a limited license right to use a feature of our product when, as, and if allowed by the Company. The Company may charge fees for the right to use Virtual Currency, or may distribute Virtual Currency without charge, in its sole discretion. Regardless of terminology used, Virtual Currency represents a limited license right governed solely under these Terms, and is not redeemable for any sum of money or monetary value from the Company at any time, unless these Terms are amended to so provide. You agree that the Company has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency as it sees fit in its sole discretion, in any general or specific case, and that the Company will have no liability to you based on its exercise of such right.
B. Value of Virtual Currency/Record Keeping
The purchase price of Virtual Currency and what it can buy is expected to change over time. Initially it is anticipated that you may use such Virtual Currency to pay for certain Services offered for a fee ("Premium Services") and for virtual goods available through the Service ("Virtual Goods"). The price of each Premium Services, Virtual Goods and Virtual Currency may change over time. The Company reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your account, the number and character of Virtual Goods in your account, and to determine the number of Points that is debited therefrom in connection with your activities related to Services. While we will do our best to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that the Company's determination of the amount of Virtual Currency, the number and character of your Virtual Goods, and number of Points in your account is final, absent a showing of intentional miscalculation.
C. Exchanging Virtual Currency With Other Users
1. The Company may from time to time offer features through which it administers all or certain portions of transactions among users for the purchase, sale or exchange of the licensed right to use Virtual Currency and/or Virtual Goods. Notwithstanding any other language or context to the contrary, as used in these Terms and throughout the Service in the context of transfer of Virtual Currency and/or Virtual Goods:
a) the term "sell" means "to transfer for consideration to another user the licensed right to use Virtual Currency/Virtual Goods in accordance with these Terms,
b) the term "buy" means "to receive for consideration from another user the licensed right to use Virtual Currency/Virtual Goods in accordance with these Terms,
c) the term "gift" means "to transfer without consideration to another user the licensed right to use Virtual Currency/Virtual Goods,
d) the terms "trade" means "to exchange Virtual Goods with another user",
e) the terms "buyer," "seller", "donor", "transferor", "transferee", "sale", "purchase" and similar terms have corresponding meanings to the root terms "buy", "sell," "give", "trade" and "transfer",
f) the term "sell order" and similar terms mean a request from a user to the Company to list Virtual Currency and/or Virtual Goods for sale or exchange at a requested sale price,
g) the term "buy order" and similar terms mean a request from a user for the Company to match open sale listings with a requested purchase price and facilitate completion of the sale of Virtual Currency/Virtual Goods, and
h) the terms "wish list", "trade offer" and similar terms means a request from a user for the Company to list Virtual Goods in a forum where other users may offer to acquire such items in either a purchase or a trade transaction (in each case, in accordance with rules announced by the Company from time to time and only if the Company in its sole discretion decides to offer such opportunity).
If the Company offers such a feature, you agree and acknowledge that the Company may charge a fee in connection with any sale or exchange transaction, or deny any sell, buy or trade order individually or with respect to general volume or price limitations set by the Company for any reason or for no reason at all. The Company may also discontinue any such features in whole or in part at any time and for any reason.
2. Until such time as the Company offers such a feature, any trading, selling or exchanging of Virtual Currency or Virtual Goods among users is not sanctioned by the Company and users who participate in such activities do so at their own risk and agree to indemnify the Company against any adverse consequences resulting therefrom. Regardless of whether the Company offers any sanctioned trading mechanism, you acknowledge that the Company (i) may limit sellers, buyers or traders to any group of users at any time; and (ii) may (but has no obligation to) halt, suspend, discontinue, or reverse any Virtual Currency/Virtual Good transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service.
3. The Company is not responsible for the terms of any sale or exchange. It is up to each user to determine what consideration is appropriate for each item or group of items. The Company's sole responsibility, should it choose to offer any "escrow" services is to ensure that the items placed in escrow are released to each user at the same time. The Company is in no way responsible for ensuring that any user lives up to promises made by that user, that any user completes any trade or sale which such user has proposed, or to moderate the activities of any user or group of users. Furthermore, the Company is in no way responsible for the accuracy, integrity, completeness, quality, legality, usefulness, safety, and IP rights of any forum posts, commentary, ratings or compliments made by one user about other users or groups of users, and has no responsibility to offer other users an equivalent opportunity to respond.
D. Virtual Currency/Virtual Goods Have No Cash Value
You acknowledge and agree that Virtual Currency and Virtual Goods have no cash value and that neither the Company nor any other person has any obligation to exchange your Virtual Currency/Virtual Goods for anything of value. In the event that at some future date the Company, in its sole discretion decides to allow you to redeem or exchange Virtual Currency/Virtual Goods for real world goods or to exchange Virtual Currency/Virtual Goods for cash, you understand that you may have to pay a fee for such service and provide the Company with information about yourself, such as your social security number and mailing address and to execute a release agreement absolving the Company from all liabilities with respect thereto. The terms of any such exchange will be described in greater detail if such features are introduced, and will be repeated either in a revised version of these Terms.
E. Limited Rights
1. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
2. The Company has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and the Company shall have no liability to you or anyone for the exercise of such rights.
3. You acknowledge that if the Company believes that any items in your account were received in connection with any fraud or other unfair dealing, or if the Company decides for any reason or no reason at all that it is in the best interests of the Company, the Company may delete items from your account, or to debit your Virtual Currency balance, including by causing that balance to be negative.
F. All Sales Final
You agree that all sales of Virtual Goods and Virtual Currency by the Company are final, as are all sales or exchanges of Virtual Goods with other users through the Service. No refunds will be given, except in the Company's sole and absolute discretion. All Virtual Goods and Virtual Currency will be forfeited if your account is terminated or suspended for any reason, in the Company's sole and absolute discretion, or if the Company discontinues providing the Service
REFUND POLICY
SnackTools.com offers the right to use its Services for free for potential customers to have adequate opportunity to assess the value of these services prior to purchase a license/subscription.
Unlike physical goods, electronically distributed software and deliverables can be duplicated. Once a purchase has been made, it is unfortunately not possible for us to recall all copies/deliverables. Therefore, the Company does not accept refunds, returns, or exchanges unless you can prove, and if the Company agrees on one of the following propositions:
- The Service performs radically different then the way it is documented and demonstrated on SnackTools.com website and cannot be repaired/updated by SnackTools.com.
- The Service was somehow licensed by mistake, or it has been licensed for multiple redundant times.
- The Service was not licensed to you, and the purchase is a fraud.
In these cases, you have 7 days from the use of Virtual Currency (or purchase of Virtual Currency) to send your claim to our support. No refunds will be given, except in the Company's sole and absolute discretion.
DELIVERABLES
All widgets, js codes, flash files/swf, data files, images and other final published files/deliverables are owned by you (the end-user) AS IS, meaning that after receiving/getting the code from our Services (e.g. published banners/slidehsows page) the end user is not allowed to change or modify anything inside the deliverable. He can use it only as it is provided by the Services. Exceptions can be made for html/js code that can be edited to comply with your site, but we do not support this action.
The SWF files downloadable from our Services are protected against further decompiling and unauthorized use, also an invisible signature text is inserted in each one of the deliverable SWFs to make sure that no one will try to use part of this code without our permission. This text is only visible to decompilers, debuggers and some search engines, but not visible in the banner itself when played with FlashPlayer (e.g. BannerSnack signature text is: Created with BannerSnack.com - the free flash banner maker). To make sure that these texts are not picked up by any search engine, always use a JavaScript method to insert the SWF in your sites (SWFObject for example, works great). Also, always make sure that the page where a SWF object is embeded has a meta-description, or at least a regular html text, other search engines may believe that your description text is our signature text, being the only text that actually exists on that page.
BUGS AND ISSUES
The Services licensed under SnackTools.com are tested over and over by our QA team; however it may not function correctly, it may have functional, conceptual and/or documentation bugs and issues. In these case, SnackTools (Smartketer LLC) will try to fix the bugs, issues and errors found and will supply the buyer with working updates. The free versions of the Services are designed especially to let prospective buyers test the software before they make a purchase, this is why a bug found in SnackTools software will not lead to refund.
Links to third-party Web Site
SnackTools.com may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. Smartketer LLC does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Smartketer LLC does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. Smartketer LLC will have no liability to any entity for the content or use of the content available through such hyperlink.
No representations or warranties; limitations on liability
The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Smartketer LLC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY DIGITAL PRODUCTS, SERVICES, INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.
Changes to These Terms of Use
Smartketer LLC reserves the right to change these Terms of service at any time by posting new Terms of service at this location (www.snacktools.com). You can send e-mail with any questions relating to these Terms of service to SnackTools.com support.