2. Registration2.1 The Services shall be available to You through a registration process, which includes furnishing information and details, including your name, e-mail address and any other information deemed necessary ("Account Information") and creating an account ("Account") with the Website prior to use of the Services.
2.2 Each Account would enable You to create one or more Application(s). Further, if You represent more than one artist, celebrity or such other business interest, You can create more than one Application for each of your clients under the same Account.
2.3 You will receive the password for your Account upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Website shall not be liable for any loss or damage of information arising from your failure to comply with the maintenance of your Account or password.
3. Eligibility to Use3.1 The Services are not available to minors under the age of thirteen (13) or to any users suspended or removed from the system by SnapLion for any reason.
3.2 SnapLion reserves the right to refuse access to use the Services offered at the Website to new users or to terminate access granted to existing users at any time without according any reasons for doing so.
3.3 You are solely responsible for the cancellation your Account. Account cancellation requests must be submitted to firstname.lastname@example.org
4. Use of the WebsiteYou agree and undertake to use the Website and the Services only to create Applications, which should be distributed to End-Users free of cost. By way of example, and not as a limitation, You agree and undertake that when using the Service, You will not:
4.1 defame, abuse, harass or otherwise violate the legal rights of others;
4.2 publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
4.3 upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; conduct or forward surveys, contests, pyramid schemes or chain letters;
4.4 download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
4.5 violate any code of conduct or other guidelines, which may be applicable to the Services, or any part thereof; violate any applicable laws or regulations for the time being in force in or outside Gibraltar; and
5. Payment, Refund and Cancellation5.1 At the time of publishing the Application, You are required to provide your billing details through our online payment gateway. You will be charged on a monthly or annual basis as per the Account that You have chosen ("Membership Fee"). The Membership Fee shall be payable in advance and shall be non-refundable. SnapLion would be using the services of secure payment gateways, i.e., www.2checkout.com, to debit monthly Membership Fees and www.ebs.in for debiting the annual Membership Fees. Depending on the Account that you choose, the respective payment gateway will be storing your credit/debit card information, and will automatically debit the monthly/annual Membership Fees from your designated bank account. At no time during the process of the transaction or during the billing period does SnapLion become privy to your credit/debit card information and cannot be held liable for the loss or misuse of this information. Your contract is month to month with no long term committments, and You can cancel your Account and the recurring payment at anytime by writing to email@example.com.
5.2 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and You shall be responsible for payment of all such taxes, levies, or duties applicable on the usage of Services and creation of Applications.
5.3 You agree, understand and confirm that the credit card, debit card or net banking details provided by You for availing of services on SnapLion are correct and accurate. The said information will not be utilized and shared by SnapLion with any of the third parties unless required for fraud verifications or by law, regulation or court order. Further, You shall not make an unlawful use of credit card, debit card, or net banking details, which is not owned by You. SnapLion will not be liable for any online payments fraud. The liability for use of a card fraudulently will be on You and the onus to prove otherwise shall be exclusively on You.
5.4 Any default in your payment obligations towards your usage of the Website or Services may lead to suspension, cancellation or termination of your account with SnapLion.
5.5 Any complaints may be directed to firstname.lastname@example.org and will be dealt with appropriately.
6. Intellectual Property Rights6.1 Unless otherwise indicated or any proprietary material owned by a third party and so expressly mentioned, SnapLion owns all the intellectual property rights to and into the Website and the Applications, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, graphics, icons, and hyperlinks. You acknowledge and agree that You shall not use, reproduce or distribute any part or whole of the Website or the Applications without obtaining written authorization from SnapLion.
6.3 However, it is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using SnapLion, including any text, data, information, images, photographs, music, sound, video or any other material ("Content") which You may upload, transmit or store when making use of the Services. You agree and acknowledge that such Content on SnapLion is not published by SnapLion and that SnapLion only provides a platform for You to upload the Content. SnapLion does not pre-screen the Content, but it has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. By posting any Content on SnapLion or the Applications, You hereby grant to SnapLion a worldwide, royalty-free license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, distribute, adapt, copy, store, manage, host, promote, access, download, translate, sublicense such Content solely on, through or in connection with the Services, including, without limitation, to applications, widgets, websites or mobile, desktop or other services which are linked with your SnapLion account, including, distributing part or all of the Content included therein, in any media formats and through any media channels. Further, SnapLion shall be entitled to archive the Content for the purpose of its internal record maintenance. Notwithstanding anything contained herein, SnapLion shall not be entitled to sell the Content to any third party.
7. Advertising and Links to Third Party Sites7.1 SnapLion may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of SnapLion and SnapLion is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SnapLion is not responsible for any form of transmission, whatsoever, received by You from any Linked Site. SnapLion provides these links to You only as a convenience, and the inclusion of any link does not imply endorsement by SnapLion or any association with its operators or owners including the legal heirs or assigns thereof. You are requested to verify the accuracy of all information on your own before undertaking any reliance on such information.
7.2 SnapLion reserves all rights to publish advertisements on SnapLion and on the Applications. However, if You wish to advertise or place any third party advertisements on the Applications, then You would need SnapLion's prior written consent for such advertising. In addition, SnapLion would be entitled to a revenue share of from the gross revenues earned or to be earned by You for such advertising. Revenue share, if any, on a case by case basis. Further, if You would like to exclude advertising completely from the Applications, it would be at an additional cost to You, which would be determined by SnapLion at that point in time.
8. Security8.1 Notwithstanding SnapLion’s efforts to ensure that the Website is secure, You acknowledge that all electronic and telephonic data transfers are potentially susceptible to interception by others. SnapLion cannot, and does not, warrant that data transfers utilizing the Website, or electronic mail transmitted to and from SnapLion, will not be monitored or read by others.
8.2 SnapLion may issue instructions from time to time intended to ensure the security of the Website. You agree to comply with those instructions. For example, SnapLion may, for security reasons require You to re-authenticate Yourself from time to time, for example after a period of inactivity on the connection between your browser and the Website.
8.3 SnapLionis not responsible for any information You may lose if SnapLion terminates your browser session due to prolonged periods of inactivity between your browser and the Website.
9. Disclaimer9.1 Your use of the Website is at your sole risk unless otherwise expressly stated. The Website, including the information, facilities and Services are provided on an "as is" "as available" and "with all faults" basis. SnapLion disclaims all express or implied conditions, representations and warranties of any kind, including any implied warranty with regard to any and all aspects of the website. SnapLion makes no representations, warranties, conditions or guarantees as to the usefulness, quality, sustainability, truth, accuracy or completeness of the Website.
9.2 SnapLion makes no warranty or representation that: (a) the Website will be uninterrupted, timely, secure or error free, (b) the results that may be obtained from the use of the Website will be accurate or reliable, or (c) any errors in the Website will be corrected. Further, for the purpose of the convenience of use of the Website, we suggest that You use the following versions of browsers and mobile operating systems to support the use of the Website:
Brower Support:9.2.1 Snaplion is optimized for use with:
a) Firefox Version 3.6 to 10.0 (latest);
b) Google Chrome version 8.0 to 16.x (latest);
c) Safari version 5.1.2
9.2.2 Snaplion is not optimized for use with Internet Explorer
9.2.3 Mobile applications operating system support:
a) iOS: 4.0 to 5.0.1 (latest); or
b) Android: 2.2 to 4.0 (latest).
9.3 You assume all risk for any damage to your mobiles phones, computer system or loss of data that results from obtaining any content from the Website or the Applications, including any damages resulting from computer viruses.
9.4 SnapLion specifically disclaims any liability with regard to any actions resulting from your use of the Services or the Website. Any use of the Services is done at your own discretion and risk. SnapLion assumes no liability for any computer virus or similar code that is downloaded to your computer from the Services, or any part thereof.
9.5 SnapLion does not control, endorse or accept responsibility for any materials (including but not limited to vendor catalogues) or services offered by third parties accessible through Linked Sites. SnapLion makes no representations or warranties whatsoever about and shall not be liable for, the vendor or any such third parties, their materials or services. Any dealings that you may have with such third parties are at your own risk.
10.2 In no event shall the Website be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from (i) the use or the inability to use the Services; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Services. In no event shall SnapLion's liability to You exceed the amount actually paid to SnapLion by You during the preceding 3 (three) months.
10.3 SnapLion shall not be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, SnapLion shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond the Website's control. You understand and agree that any material and/or data downloaded or otherwise obtained through the Website is done entirely at YOUR own discretion and risk and YOU will be solely responsible for any damage to YOUR computer systems or loss of data that results from the download of such material and/or data.
10.4 SnapLion will have no liability related to Content uploaded by You and arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. SnapLion also disclaims all liability with respect to the misuse, loss, modification or unavailability of any such Content.
10.5 SnapLion will not be liable for any loss that You may incur as a result of someone else using your password or account or account information in connection with the Website or any services or processes or materials, either with or without your knowledge.
11.2 In the event You choose to terminate your agreement with SnapLion, You may do so by closing your Account with SnapLion.
11.3.2 SnapLion is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
11.3.3 The provision of the Services to You is, in SnapLion's opinion, no longer commercially viable;
11.3.4 SnapLion has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
11.3.5 Your payment is overdue by more than 15 (fifteen) days
11.5 You agree that termination for cause shall be made in SnapLion's sole discretion and that SnapLion shall not be liable to You or any third party for any termination of your account (and accompanying deletion of your Account Information), or your access to the Website and Services.
12.3 SnapLion and SnapLion accept no liability whatsoever, direct or indirect for non-compliance with the laws of any country other than that of Gibraltar. The mere fact that the Website can be accessed or used or any facility can be availed of in a country other than Gibraltar would not mean that the laws of such country would be applicable.