iSnap Terms of Service
Please contact us if you have any questions or concerns.
This is an agreement between you and Convivial Corporation, d.b.a iSnap. Users accessing and using iSnap kiosks, online services, or other products (“iSnap products”) inherently agree to the terms and conditions set forth in this policy, Terms of Service.
ACCEPTANCE OF TERMS
You must be at least 13 years of age to use iSnap.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon posting.
You must review this agreement on a regular basis to keep yourself apprised of any changes.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Convivial Corporation does not claim responsibility for third party websites.
You must not use iSnap to dispatch any viruses or unsolicited emails to any recipients.
You will not submit inappropriate content to iSnap that is offensive, unsafe or intimidatory in any way.
You must not participate in any unlawful actions with respect to your use of iSnap.
You must not attempt to hack, alter, or deceive any association with iSnap under any circumstances.
You agree that your use of the iSnap products or web site is done at your own risk.
You understand that all postings, messages, text, files, images, photos, video, sounds, communications or other materials posted on, transmitted through, or linked from the iSnap products and/or supporting servers, are the sole responsibility of the parties from whom such content originated.
If any of these above terms are violated the necessary legal action will be taken.
Convivial Corporation may cancel service or deny service to users without explanation.
We reserve the right to deem content as inappropriate and can take any action we think is necessary.
You acknowledge that Convivial Corporation may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, or other Content that may be transmitted or stored by the service, and the frequency with which you may access the service.
You acknowledge that Convivial Corporation reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice, and that Convivial Corporation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service unless otherwise agreed in writing.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to any email address affiliated with our service or through our computer systems is expressly prohibited. Any unauthorized use is a violation of this contract as well as certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
OWNERSHIP OF CONTENT
All user content covered by intellectual property rights and submitted to Convivial Corporation by means of an iSnap products becomes property of Convivial Corporation. Convivial Corporation reserves the right to a royalty free, non-exclusive, worldwide, sub-licensable, transferable license to use all user generated content.
You agree that you will not violate any copyright laws when uploading content to Convivial Corporation.
All iSnap Trademarks are property of Convivial Corporation and you agree not to use these marks in any manner without written consent from a Convivial Corporation officer.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CONVIVIAL CORPORATION DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CONVIVIAL CORPORATION DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED THROUGH THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, CONVIVIAL CORPORATION DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CONVIVIAL CORPORATION BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CONVIVIAL CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE ISNAP PRODUCTS OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ISNAP PRODUCTS OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ISNAP PRODUCTS OR THE SERVICE OR ANY LINKS ON THE ISNAP PRODUCTS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ISNAP PRODUCTS OR THE SERVICE OR ANY LINKS ON THE ISNAP PRODUCTS. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Convivial Corporation, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content made available through the service, your use of the service, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The TOS constitute the entire agreement between you and Convivial Corporation and govern your use of the Service, superseding any prior agreements between you and Convivial Corporation. The TOS and the relationship between you and Convivial Corporation shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Convivial Corporation agree to submit to the personal and exclusive jurisdiction of the courts located in California.
The failure of Convivial Corporation to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties to the judicial proceeding, nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOS by emailing to:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Convivial Corporation to pursue legal action to enforce this contract, you will be liable to pay Convivial Corporation actual damages to the extent that such damages can be reasonably calculated.
Convivial Corporation retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this contract, or any combination thereof.
Inquiries to Convivial Corporation
If you have concerns or questions please contact us at:
1715 I Street, Suite 14
Sacramento, CA 95811