Snow Globe Terms of Use

Document created by Dennis.Smith Employee on Jan 16, 2017Last modified by katie.cross@socialedgeconsulting.com on Jul 7, 2017
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SNOW GLOBE - TERMS OF USE

Version 1.01 - Published January 1, 2017

 

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. THEY CONTAIN AN ARBITRATION CLAUSE, LIMIT YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW, AND OTHER IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.

 

These Terms and the Snow Software Privacy Policy govern your use of the Snow Globe community and any other Snow website linking to these terms (any of the foregoing, the “Site”). Snow may revise these Terms of Use at any time by updating this page. By using the Site you agree to be bound by these terms and any amendments.

 

LIMITATIONS ON USE

 

Except as otherwise indicated on a particular site, the Site is a community geared towards users of Snow products and services. This Site is controlled and operated by Snow. Snow makes no representation that materials available on the Site are appropriate in every country, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site are responsible for compliance with local laws.

 

REGISTRATION

 

You agree that all information you submit at registration is accurate and that you will keep it current. If we have reasonable grounds to suspect that the registration data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account. It is your responsibility to maintain the confidentiality of your account information, and you are responsible for all use of the Site accessed through it. You acknowledge and agree that we may send you important information and notices regarding your account and the Site by email, text messaging or other means based on the information you provide to us.

Snow handles registration data in accordance with the Snow Communities Site's Privacy Policy.

 

RULES OF CONDUCT

 

You understand and agree that: 

  • Your use of the Site, including any content you submit, will comply with all applicable laws (including but not limited to laws governing competition, trade, false advertising and export control) and these Terms of Use.
  • You will not impersonate any other person or submit content on behalf of any other person or entity.
  • You will not submit content in exchange for payment or consideration received from any third party.
  • You will not collect information about other Site users without their consent.
  • You will treat other Site users with respect.
  • You will not submit any content that:
    • Infringes on the intellectual property rights or other rights of any person or entity;
    • Intentionally interferes with the Site’s operation;
    • Violates any person’s privacy or publicity rights or breaches any duty of confidentiality that you owe to anyone or provides any non-public information about Snow or any other company or person without authorization (including the names and contact information for Snow employees and Site users);
    • Is harassing, defamatory, abusive, pornographic, obscene or otherwise objectionable (in our sole judgment);
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, unsubstantiated or comparative claims regarding our or others’ products, third party advertising, spam, chain letters, or any other solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation or part of an “affiliate” program as determined by Snow in its sole discretion.

LINKS

 

The Site may include links to third-party sites, which are not under Snow's control. You access them at your own risk. In order to use certain features of the Site, you may be required to install or use equipment and software. You do so entirely at your own risk.

 

ENFORCEMENT

 

Snow generally does not pre-screen content posted by Site users. However, we reserve the right, but undertake no duty, to review and/or approve all content submitted, and to block, edit or remove any content that we determine to be in violation of these Terms of Use or otherwise in our sole discretion. To report violations of these Terms of Use, please write to the Snow Globe Administrator at SnowGlobe@snowsoftware.com Although the Site may be moderated or monitored by Snow or its agents, it is not a substitute for contacting Snow support. To contact Snow support, start by contacting your regional office via http://www.snowsoftware.com/int/contact.

We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. We also reserve the right to discontinue any part of the Site at any time.

 

LICENSE AND RELEASE

 

You grant to Snow and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other information, content or materials you submit to any Site (collectively, “Materials”) without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Materials, and all rights therein, in the name of Snow or its designees throughout the universe in perpetuity in any and all media now or hereafter known.

The license shall also permit Snow and its designees to use portions of the Materials you submit, rerecord or modify any audio tracks or visual images you provide, rewrite any Materials you submit, and/or incorporate other materials, either created by Snow and its designees or licensed from third parties, with the Materials you submit. Any such works shall be deemed Materials owned by Snow and shall not be subject to your approval or payment by Snow of any compensation to you. We shall have the right, but not the obligation, to use your name, photograph, likeness, voice, performance, biography and other information about you in connection with the Materials you submit.

You also agree that we are free to use any of the Materials or any comments, information or ideas contained in any content or communication you submit to us or the Site, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to advertising and marketing, modifying the Site and developing products and services.

You agree that the Materials you submit fully comply with these Terms of Use, including that your Materials are original with you and accurate and does not violate the rights of any third party or applicable law or ordinance. If it is determined that you have violated any of these terms you may be barred from accessing the Site and we may pursue any remedies available to us. You acknowledge and agree that the relationship between you and Snow is not a confidential, fiduciary, or other special relationship.

You acknowledge and agree that Snow and its designees may create on their own or obtain many submissions that may be similar or identical to the Materials you. You hereby waive any and all claims you may have had, may have, and/or may have in the future, that the Materials accepted, reviewed and/or used by Snow and its designees may be similar to your Materials.

 

OPTION TO PURCHASE

 

Snow shall have the exclusive option to purchase from you and acquire all right, title and interest, including, without limitation, any copyrights and other intellectual property law in and to the Materials you submit, which rights shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and apply for copyright registration for any or all of the Materials, and all rights therein, in the name of Snow, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. The option shall be exercisable by us from the date you submit the Materials until 1 year from that date. If we exercise the option, you agree to accept payment in the amount of $1000 USD or value in kind at Snow’s discretion, and you agree to execute, acknowledge and deliver such other instruments consistent with an assignment of the intellectual property as may be reasonably necessary to carry out or effectuate the purposes or intent of the assignment of the Materials.

 

PROPRIETARY RIGHTS AND LICENSE TO USE

 

All materials on the Site, including, without limitation, names, logos, trademarks, graphics, photographs, illustrations, and software and other elements making up the Site (collectively, “Content”) are protected by copyrights, trademarks or other intellectual property rights owned and controlled by us or by other parties that have otherwise provided their material to us. You may not delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or utilize the Sites or any part of the Content for any purpose other than its intended one is strictly prohibited.

 

CLAIMS OF COPYRIGHT INFRINGEMENT

 

If you believe that your work has been copied on the Site in any way without your permission, please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement at SnowGlobe@snowsoftware.com. Your notice must contain the following:

  • Your electronic or physical signature;
  • A description of the work you claim has been infringed;
  • Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Site;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
  • A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

GENERAL RELEASE

 

You hereby release and hold harmless Snow, its affiliated entities, employees, directors, officers, licensees and assigns and each of their respective designees ("Snow Entities") with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of content you submit, post, transmit or make available through the Site.

 

DISCLAIMER OF WARRANTIES

 

THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SNOW ENTITIES AND ANY SPONSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT USE OF THE SITE OR ANY CONTENT OR SERVICES ON OR FROM THE SITE (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE.

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL THE SNOW ENTITIES, SPONSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS ON THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR DATA ARISING FROM (I) YOUR USE OF OR INABILITY TO USE THE SITE, OR (II) CONTENT, PRODUCTS, AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL ANY SNOW ENTITIES’ TOTAL CUMULATIVE LIABILITY TO YOU OR OTHER PARTY UNDER THESE TERMS OF USE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE DISCLAIMER OF WARRANTIES AND/OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.

 

INDEMNIFICATION

 

You agree to indemnify and hold the Snow Entities harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of any warranties, representations and agreements set forth in these Terms of Use, including, without limitation, your unauthorized or improper use of any Content.

 

GOVERNING LAW

 

THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND ITS VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVERNED BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF THE STATE OF TEXAS.

 

BINDING ARBITRATION

 

ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND ANY OF THE SNOW ENTITIES ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS OF USE (INCLUDING, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), THE CONTENT, SUBMISSIONS, MATERIALS OR ANY RELATED ACTIVITIES RESULTING FROM ANY OF THE FOREGOING SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) UNDER ITS CODE OF PROCEDURE THEN IN EFFECT (AVAILABLE VIA THE INTERNET AT HTTP://WWW.ARB-FORUM.COM , OR VIA TELEPHONE AT 1-800-474-2371). THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE OR CONTROVERSY BETWEEN YOU AND SNOW. NEITHER YOU NOR SNOW SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SNOW CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. SNOW WILL BE RESPONSIBLE FOR PAYING ANY ARBITRATION FILING FEES AND FEES REQUIRED TO OBTAIN A HEARING TO THE EXTENT SUCH FEES EXCEED THE AMOUNT OF THE FILING FEE FOR INITIATING A CLAIM IN THE COURT OF GENERAL JURISDICTION IN THE STATE IN WHICH YOU RESIDE. EACH PARTY SHALL PAY FOR ITS OWN COSTS AND ATTORNEYS' FEES, IF ANY. HOWEVER, IF ANY PARTY PREVAILS ON A STATUTORY CLAIM THAT AFFORDS THE PREVAILING PARTY ATTORNEYS' FEES, OR IF THERE IS A WRITTEN AGREEMENT PROVIDING FOR FEES, THE ARBITRATOR MAY AWARD REASONABLE FEES TO THE PREVAILING PARTY, UNDER THE STANDARDS FOR FEE SHIFTING PROVIDED BY LAW. ANY AWARD OF THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON EACH OF THE PARTIES, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. INFORMATION MAY BE OBTAINED AND CLAIMS MAY BE FILED WITH THE NAF AT P.O. BOX 50191, MINNEAPOLIS, MN 55405.

 

GENERAL PROVISIONS

 

These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and us regarding your use of the Site.

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