General Terms and Conditions
GIFT CARD & eGIFT CARD TERMS & CONDITIONS
PHOTO UPLOAD SERVICE TERMS & CONDITIONS
COPYRIGHT & INTELLECTUAL PROPERTY POLICY
Gift Card and eGift Card Terms and Conditions
1. Snaptotes Gift Cards (the “Gift Cards” or a “Gift Card”) are issued by Snaptotes to you, and by purchasing, redeeming or attempting to redeem the Gift Card you agree to the following terms and conditions (the “Terms and Conditions”).
2. Treat your Gift Card like cash. We are not responsible for a lost, damaged or stolen Gift Card, and it will not be replaced. The risk of loss and title for the Gift Card pass to you when we put the Gift Card in the mail for delivery to you. You are liable for any transaction in which your Gift Card is used, even if you did not approve it, and you will not be refunded any value on the Gift Card that is used by someone else in possession of your Gift Card.
3. Gift Cards may only be redeemed by Snaptotes at www.snaptotes.com. Upon redeeming your Gift Card, if your purchase exceeds the amount of the Gift Card, you will need to pay the balance. (When redeeming online or by telephone, this balance must be paid by credit card.)
4. Gift Cards cannot be redeemed for cash or returned for a cash refund. Gift Cards cannot be used to purchase Gift Cards. We will not give cash advances on a Gift Card.
5. Snaptotes is a Missouri corporation; and by purchasing a Gift Card you agree that the laws of the state of Missouri, without regard to principles of conflict of laws, will govern these Terms and Conditions and your use of the Gift Card.
6. We reserve the right to close a Gift Card account or to refuse to honor or redeem a Gift Card if we believe the Gift Card was fraudulently or inappropriately obtained by you or fraudulently or inappropriately redeemed by you.
7. We reserve the right to change these Terms and Conditions from time to time in our discretion and without providing notice. All Terms and Conditions are applicable to the extent permitted by law. The Terms and Conditions will be made available via our website at www.snaptotes.com.
8. For balance inquiries, or if you have any questions, please contact us toll free at 1-866-707-3186 or visit www.snaptotes.com.
9. SNAPTOTES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
10. Any dispute relating in any way to a Gift Card or these Terms and Conditions shall be submitted to confidential arbitration in St. Louis, Missouri. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
11. Safeguarding your personal information is important to Snaptotes. We may need to collect personal information (such as your name, address, contact details and transaction information) when you use the Gift Card or otherwise deal with us in relation to your Gift Card. To deliver and manage the Gift Card program, your information may be shared within Snaptotes and business partners who assist Snaptotes to run the Gift Cards program, such as IT and service contractors, delivery companies, mail houses and call centers.
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Photo Upload Service Terms and Conditions
By uploading a photograph (“Content”) to the Snaptotes website (the “Service”), and clicking on the “Continue” button below, or by otherwise using or accessing the Service, you agree to the following terms and conditions, and make the following representations and warranties regarding the Content to Snaptotes.
The preview provided by the Service simulates the look of the final product with your photograph. Due to the variations in monitors, printers, leathers, and fabrics used, Snaptotes cannot guarantee the exact coloring of the images and the final product. If two products are purchased using the same photo, it is possible for the images to differ in slight hues. You agree that you are not entitled to a refund or exchange as a result of variations in the products purchased through the Service in comparison to each other or to the preview.
By uploading Content to the Service you are representing and affirming to Snaptotes that you have the right to upload the Content and to apply the Content to an Snaptotes product, and that your use of the Content is not infringing of the rights of any third party, including any copyrights or right to privacy. Snaptotes reserves the right to remove any Content or refuse to fill any order that it believes would infringe the rights of others. Copyright infringement issues and claims will be the sole responsibility of the customer.
Snaptotes reserves the right to reject or remove any Content submitted for reproduction, for any reason.
Snaptotes does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on the Service, you grant Snaptotes the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Snaptotes removes such Content from the Service.
You agree to indemnify and hold Snaptotes and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms and Conditions, or your violation of any rights of another.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You agree to not use the Service to:
(a) upload or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) upload or otherwise make available any Content that you do not have a right to make available;
(d) upload or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(e) upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You acknowledge that Snaptotes may or may not pre-screen Content, but that Snaptotes and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Snaptotes and its designees shall have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SNAPTOTES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SNAPTOTES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
The Terms and Conditions and the relationship between you and Snaptotes shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions. You and Snaptotes agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Ste. Genevieve, Missouri.
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Copyright and Intellectual Property Policy
Snaptotes respects the intellectual property of others, and we ask our users to do the same. It is Snaptote's policy, in appropriate circumstances and at its discretion, remove content from, or to disable and/or terminate the accounts of users of its Service who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Snaptotes and/or others.
1. Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Snaptote's Copyright Agent with the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the Snaptotes site, with enough detail that we may find it on the web site;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Snaptote's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
980 Rozier Street
Ste. Genevieve, MO 63670
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
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You acknowledge that Snaptotes may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum disk space that will be allotted on Snaptote’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Snaptotes has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Snaptotes reserves the right to log off accounts that are inactive for an extended period of time, and to delete accounts and the related Content that have not been access for an extended period of time. You further acknowledge that Snaptotes reserves the right to modify these general practices and limits from time to time.
Snaptotes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Snaptotes shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Snaptotes may, under certain circumstances and without prior notice, immediately terminate your account, any associated Content, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your Snaptotes account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information and Content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Snaptote's sole discretion and that Snaptotes shall not be liable to you or any third party for any termination of your account, deletion of Content, or access to the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Snaptotes has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Snaptotes has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
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