Welcome to www.snapcrowd.io (the "Site"), where SnapCrowd ("SnapCrowd", "we", "us" or "our") provides various photography-related tools, services and resources that photographers can use to store, display, market and distribute digital and print copies of their content (collectively with the Site, the "Services").
These Terms apply to anyone who uses the Services of the website at http://www.snapcrowd.io ("SnapCrowd") in any manner, including to anyone who visits, browses, purchases, or downloads from SnapCrowd or SnapCrowd hosted websites (each, a "Photographer Site"). By Accessing SnapCrowd you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
For purposes of these Terms, "Material" or "Content" means all information, data, text, photographs, videos, audio clips, written posts, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. "Material" of "Content" also includes all "User Content" (as defined below).
The Services contain Material from various sources, including us, our partners and users, and such Material is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. As members of the photography community, SnapCrowd strongly advocates for the respect of others' intellectual property rights. Accordingly, you shall abide by and maintain all copyright notices, information, and restrictions contained in any Material accessed through the Services. You also agree to abide by any notices, information, and restrictions on any User Content (as that term is defined below) that you access through the Services. In particular, if you are accessing or downloading any Photographs (defined below), you agree to respect and abide by the photographers' copyright and any notices posted or agreements required by these photographers concerning your access to and use of their work.
Subject to these Terms, SnapCrowd grants each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display on your browser or device in connection with the Services) Material (excluding our users' Photographs, as that term is defined below) solely for the purposes of using the Services. Use, reproduction, modification, distribution or storage of any Material for any purpose other than using the Services is expressly prohibited without prior written permission from SnapCrowd and, if applicable, the relevant copyright holder. Except as expressly permitted by SnapCrowd or the applicable copyright holder, you shall not:
All Material or Content you provide (or contribute, add, create, upload, submit, distribute or post) ("Contribute") to the Services is referred to as "User Content." User Content refers to both "Photographs" and "Non-Photographic Content." "Photographs" are any and all photographic or graphic works or other images you store, display or make available through the Services. All other User Content, whether User Content you contribute voluntarily (for example, text added to Photographs and galleries featuring Photographs, comments you make to posts, posts you contribute to forums or other public portions of the Services, or custom website pages that are created using SnapCrowd's templates) or User Content we collect automatically from your usage of the Services (for example, analytic data or metadata), is referred to in these terms as "Non-Photographic Content". For clarity, templates, layouts, or other arrangements of User Content (but not the User Content itself) are not considered User Content when they are made through tools offered through the Services, and shall remain the property of SnapCrowd or our licensors. User Content also does not include Feedback, which is defined and further described below.
You continue to own your User Content and can use such User Content in any way they want (provided you do not grant any rights to the User Content that interfere with the rights and licenses granted to SnapCrowd).
You grant the following rights and license to SnapCrowd, solely in conjunction with providing the Services. For your photographs and images, you shall hereby grant SnapCrowd a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable (solely to provide your Photographs to those third party service providers that you authorize us to do so) and transferable license to use, display, modify, crop, reformat, reproduce, distribute, and prepare derivative works of such Photographs, solely in connection with providing the Services. SnapCrowd has no right to use your Photographs in any manner that goes beyond providing the Services, and claims no commercial rights to your Photographs themselves beyond these rights. If photographs or images will appear in SnapCrowd independent marketing efforts, our team will ask permission beforehand.
In addition to the limited rights to use your Photographs as detailed above, to provide the Services, you grant SnapCrowd the worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable right and license to use, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit, in connection with the Services and our (and our successors' and assigns') businesses, your Non-Photographic Content, including for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (such as third party websites and feeds), until you removes, or until SnapCrowd removes pursuant to your request or as otherwise set forth herein, such Non-Photographic Content from the Services; provided that this license shall survive to the extent such Non-Photographic Content is included in any existing promotional or marketing materials.
You hereby grant to SnapCrowd the right to use and publish your name, trademark, trade name, or other identifier in connection with identifying and attributing your Photographs and User Content and for advertising, publicizing, and promoting the Services ("Promotions") in our sole discretion. However, we do not have any intention to use your identification information in Promotions against your wishes, so if you do not want your name to be used in connection with any Promotions, you may send a notice stating such to email@example.com. After receipt of your notice, SnapCrowd will remove your name from any current promotions, and will not include your name in future promotions that commence ten (10) business days or more after the day we receive your notice.
By purchasing a supporting membership subscription via SnapCrowd and thereby purchasing the selected photographs (the "Prints") you hereby agree and acknowledge that you are not acquiring any right, title or interest in or to the Print(s) or any associated copyrights, other than the right to possess, hold and use the Print(s) for non-commercial purposes. Furthermore, you agree that you will:
You also hereby acknowledge that the Prints are being produced and manufactured by a third party, and that SnapCrowd is not otherwise responsible or liable for the production, manufacture, or delivery of such Prints.
By purchasing a supporting membership subscription via SnapCrowd and thereby purchasing the selected photographs (the "Images") you hereby agree and acknowledge that you are not acquiring any right, title or interest in or to the Images(s) or any associated copyrights, other then the right to possess, hold and use the Images(s) for personal, non-commercial purposes. Furthermore, you agree that you will:
Our goal is to provide a service with outstanding uptime and reliability for photographers to upload, manage, and distribute content. Planned downtime and copyright claims against users may, however, cause us to make User Content unavailable (in addition to a specific user designating any User Content as private). Occasionally, circumstances may lead to some or all of the Services being unavailable for other reasons. Although we will try to keep the Services operating without interruption, we do not guarantee that any Content will be made available on the Site or through the Services.
Services are currently available for any clients or customers outside of the United States. If you do not reside in or have a billing address within the United States, you may be prevented from creating an account or completing a subscription.
We reserve the right, but do not have any obligation, to remove, block, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason, including upon receipt of claims or allegations from third parties relating to such Content, provided that we shall only edit or modify Photographs as provided in Section 2c.
You shall not (and shall not permit any third party to) either (1) take any action or (2) upload, download, post, submit or otherwise distribute or facilitate distribution of any Material or Content on or through the Service, including without limitation any User Content, that:
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
This term applies to visitors and clients of SnapCrowd users, regarding the image download capabilities available to you via the SnapCrowd user's Photographer Site. If you are not directly purchasing or licensing a Photograph using the SnapCrowd Services, but rather downloading a Photograph or other User Content from a SnapCrowd user in another manner, you acknowledge that the ability to download does not constitute a grant of usage rights. You also acknowledge that all usage restrictions still apply to you, and you agree that you will still fully comply with the photographer's copyright, usage restrictions, and any other terms of any direct arrangements you have made with the photographer regarding usage of the User Content, including any compensation terms. If you are unclear about your usage rights to Photographs downloaded directly from a Photographer Site, please contact the photographer directly via the contact information link on their respective website.
SnapCrowd upholds modern web app security standards and strives to maintain high levels of security especially with user content and sensitive user data. You are responsible for maintaining the security of the email address and password associated with your account. SnapCrowd will not be held liable for any losses of data or profits which result from your failure to maintain these basic account security practices.
Paid Services. Certain of our Services, or certain of the services provided in connection with the Services by our third party business partners, may be subject to payments now or in the future (the "Paid Services"). You acknowledge that all prices are subject to change at SnapCrowd's sole discretion. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. Although we are not responsible for error by the Payment Processor, we reserve the right to correct any errors or mistakes that the Payment Processor makes, even if the Payment Processor has already requested or received payment. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing; Subscription Services. You can pay for your Account subscription, or other Paid Services that may have such options available, with a monthly or annual payment, on a recurring basis. All Services for which recurring payment is an option are referred to as the "Subscription Services." Your exact recurring payment amount may vary as a result of charges such as your authorized storage add-ons (billed monthly or annually, separate from your primary account), e-commerce sales transaction fees, or bandwidth overages associated with your Account. By choosing a recurring payment plan, you acknowledge that such Subscription Services have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Subscription Services automatically renew for successive renewal periods of the same duration as the original subscription term, at the then-current non-promotional rate, unless and until you cancel the Subscription Service. You can access and view invoices for your recurring payments for certain Subscription Services through your Account. We may submit periodic charges (e.g., monthly or annually) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate your authorization or change your payment method or subscription service, go to your account settings. Any such change or termination will take effect after your then-current term expires. We do not provide prorated refunds for any termination or cancellation, even if during a term.
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate, and you must promptly notify us or our payment processor if your Payment Method is canceled or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made in your account settings. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
Except as provided herein, if the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. For clarity, Transaction Fees assessed in connection with the E-Commerce Services will vary on a monthly basis, based on the number of Photographs or Supporting Memberships Sold during the preceding calendar month.
Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
Any free trial or other promotion that provides access to a Paid Service (a "Free Trial") must be used within the specified time of the trial. Some Free Trials may require you to input your credit card or other Payment Method, while other Free Trials may be available without such requirement. If you are using a Free Trial that does not require you to specify a Payment Method, and you do not enter Payment Method information after the Free Trial period ends, we will treat that as a cancellation, and we will not save your uploaded Photographs or website designs after the Free Trial period ends. For Free Trials that require you to input Payment Method information, you must stop using the applicable Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at firstname.lastname@example.org.
The Material appearing on SnapCrowd's website could include technical, typographical, or photographic errors. SnapCrowd does not warrant that any of the materials on its website are accurate, complete or current. SnapCrowd may make changes to the materials contained on its website at any time without notice. However, SnapCrowd does not make any commitment to update the Material.
SnapCrowd has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the site by SnapCrowd or its owners. Use of any such linked website is at the user's own risk.
SnapCrowd may exercise the right to terminate an Account when a user is in violation of any of these Terms, especially if a user is infringing on another user's, or SnapCrowd's, intellectual property rights. However, since SnapCrowd may not be able to predict all the events that may require termination, we also reserve the right to terminate or suspend an Account with or without cause and/or without notice, anytime, and termination may be effective immediately. If your use of the Services violates the terms in this Agreement, is improper, substantially exceeds or differs from normal use by other users, or otherwise involves fraud or misuse of the Services or harms our interests or those of another user of the Service, we reserve the right to terminate or suspend your use of the Services. Termination may result in the forfeiture and destruction of all information associated with your membership, including your User Content.
Any license(s) granted shall automatically terminate if you violate any of these terms or restrictions. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
If you wish to cancel or delete your Account at any time, you may do so either directly through the Services or through a request made to email@example.com. We do not provide any refunds in the event of account termination by SnapCrowd.
We're not in the business of taking money from unhappy customers. If you're not satisfied with one or more of your subscriptions, we will make every effort to resolve your dissatisfaction. In the event we cannot satisfy your concerns and you wish to continue with account cancellation, we shall refund your most recent payment for a monthly subscription, or the calculated one month's value of multi-month or annual subscriptions, unless prints have already been mailed out in which case we are unable to offer any refunds but will continue to cancel your plan to future billing.
To request a refund, or if you have any questions about these terms or about SnapCrowd, please contact firstname.lastname@example.org.
The Material on the SnapCrowd website are provided on an 'as is' basis. SnapCrowd makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, SnapCrowd does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives (the "SnapCrowd Indemnitees") from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, Photographs or otherwise from your User Content, violation of these Terms, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
In no event shall SnapCrowd or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on SnapCrowd's website, even if SnapCrowd or a SnapCrowd authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
SnapCrowd may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
These terms and conditions are governed by and construed in accordance with the laws of Rhode Island and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Effective Date of Terms and Conditions: May 15, 2020
If you have any questions about these terms or about SnapCrowd, please contact email@example.com.
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