Terms of Service

These Terms of Service  govern your access to and use of the snapTalkers website.  Your access to and use of snapTalkers is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of snapTalkers, for any content you post to the website, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the website and through third party services and websites. You should only provide content that you are comfortable sharing under these Terms.

snapTalker that snapTalker provides are always evolving and the form and nature of snapTalker that snapTalker provides may change from time to time without prior notice to you. In addition, snapTalker may stop (permanently or temporarily) providing snapTalker (or any features within snapTalker) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The snapTalker Rules

Our goal is to provide a service that allows you to join and start conversations that interest you as well. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor user’s content and will not censor user content, except in limited circumstances described below.

In order to provide the snapTalker service, there are some limitations on the type of content that can be published on snapTalker. These limitations comply with legal requirements and make snapTalker a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.

*Impersonation: You may not impersonate others through snapTalker in a manner that does or is intended to mislead, confuse, or deceive others

* Trademark: We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.

*Privacy: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.

*Violence and Threats: You may not publish or post direct, specific threats of violence against others.

*Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.

*Unlawful Use: You may not use our service for any unlawful purposes or for promotion of illegal activities.  International users agree to comply with all local laws regarding online conduct and acceptable content.

Spam and Abuse

snapTalker strives to protect its users from spam and abuse.  Technical abuse and user abuse is not tolerated on snapTalker.com, and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.

* Serial Accounts: You may not create serial accounts for disruptive or abusive purposes.  Mass account creation will result in suspension of all accounts.

* Name Squatting: You may not engage in name squatting. Accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be name squatting are:

• the number of accounts created
  
• creating accounts for the purpose of preventing others from using those account names
  
• creating accounts for the purpose of selling those accounts
  
• using feeds of third-party content to update and maintain accounts under the names of those third parties

*Invitation spam: You may not use snapTalker.com's to send repeat, mass invitations

*Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.

*Spam: You may not use the snapTalker service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:

• If your posts consist mainly of links, and not conversation;
• If you are blocked out of a large number of conversations;
• If you post duplicate content over multiple accounts or multiple duplicate posts on one account;
• If you post multiple unrelated posts to a conversation;
• If you repost other user’s content without attribution.
• Using or promoting third-party sites that have no relevance to the conversation;
  

Your account may be suspended for Terms of Service violations if any of the above is true; accounts created to replace suspended accounts will be permanently suspended.

 *Pornography: You may not use obscene or pornographic images in either your profile picture or any other place where you are allowed to upload images.

Accounts engaging in any of these behaviors may be investigated for abuse.  Accounts under investigation may be removed.  snapTalker reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.

Privacy

Any information that you provide to snapTalker is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of snapTalker you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by snapTalker. As part of providing you snapTalker, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your snapTalker account, which you may not be able to opt-out from receiving.

Passwords

You are responsible for safeguarding the password that you use to access snapTalker and for any activities or actions under your password.  snapTalker cannot and will not be liable for any loss or damage arising from your failure to safeguard your password.

Content on snapTalker

All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via snapTalker and we cannot take responsibility for such content. Any use or reliance on any content or materials posted via snapTalker or obtained by you through snapTalker is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via snapTalker or endorse any opinions expressed via snapTalker. You understand that by using snapTalker, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will snapTalker be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via snapTalker or broadcast elsewhere.

Your Rights

You retain your rights to any Content you submit, post or display on or through snapTalker. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

This license is you authorizing us to make your posts available to the rest of the world. But what’s yours is yours – you own your content.

snapTalker Rights

All right, title, and interest in and to snapTalker (excluding content provided by users) are and will remain the exclusive property of snapTalker and its licensors. snapTalker is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the snapTalker name or any of the snapTalker trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding snapTalker, or snapTalker is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of snapTalker

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on snapTalker and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of snapTalker, its users and the public.

You may not do any of the following while accessing or using snapTalker: (i) access, tamper with, or use non-public areas of snapTalker, snapTalker’s computer systems, or the technical delivery systems of snapTalker’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search snapTalker by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by snapTalker (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with snapTalker (NOTE: crawling snapTalker is permissible if done in accordance with the provisions of the robots.txt file, however, scraping snapTalker without the prior consent of snapTalker is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing snapTalker, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Copyright Policy

snapTalker respects the intellectual property rights of others and expects users of snapTalker to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, snapTalker will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on snapTalker is:

snapTalker are Available “AS-IS”

Your access to and use of snapTalker or any Content is at your own risk. You understand and agree that snapTalker is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, snapTalker AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of snapTalker or any content thereon. snapTalker will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that snapTalker has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by snapTalker. We make no warranty that snapTalker will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from snapTalker or through snapTalker, will create any warranty not expressly made herein.

Links

snapTalker may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by snapTalker of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, snapTalker AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE snapTalker; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON snapTalker, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM snapTalker; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT snapTalker HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of snapTalker to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with snapTalker will be brought solely in San Bernardino County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

Entire Agreement

These Terms, the snapTalker Rules and our Privacy Policy are the entire and exclusive agreement between snapTalker and you regarding snapTalker (excluding any services for which you have a separate agreement with snapTalker that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between snapTalker and you regarding snapTalker.

We may revise these Terms from time to time, the most current version will always be at snapTalker.com/snaptalker/termsofservice.htm. If the revision, in our sole discretion, is material we will notify you via  e-mail to the email associated with your account. By continuing to access or use snapTalker after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by izotz!create LLC., PO BOX 862, Lake Arrowhead, CA 92352. If you have any questions about these Terms, please contact us.

Effective: November 1 , 2009