DATE OF LAST REVISION: NOVEMBER 3, 2016
These Terms and Conditions (the “Agreement”) is an agreement between you and csnaps.org (“Csnaps”). Csnaps consists of the Csnaps mobile application (the “App”), available through iTunes and Google Play, and the website available at www.csnaps.org (the “Website”). The App and the Website, are hereinafter collectively referred to as the “Service.”
By accessing or using the Service, however accessed, you agree to be bound by this Agreement. The Service is owned by Csnaps.org, Inc., a Nevada corporation.
In this Agreement, the term “you” or “your” means any person or entity using the Service. Unless otherwise stated, “we” or “our” will refer collectively to Csnaps, its affiliates, directors, officers, employees, agents and contractors. The term “Images” as used in this agreement means photographs and videos. Images and their adjoining stories are collectively referred to as “User Content.”
You further agree that this Agreement forms a legally binding contract between you and Csnaps, and that this Agreement constitutes “writing signed by you” under any applicable law or regulation effective at any time you use the Service.
If you do not agree to be bound by this Agreement, you must exit the website immediately, uninstall the mobile application, and cease all use of the Service.
The following provisions apply to all users of the Service:
- ACCEPTABLE USE AND DISCLAIMER
To use the Service, you must sign-up for an account with us, which means you must register with us on the Website and/or App and agree to the terms of this Agreement (thereby creating an “Account”). You must be at least thirteen (13) years of age to use the Service. By using our Service, you certify that you are at least thirteen (13) years of age and that you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement or if you are not at least thirteen (13) years of age, please immediately exit the website, uninstall the mobile application, and cease all use of the Service.
You are solely responsible for the information, Images and User Content that you submit, upload, and include in messages posted through this Service. You agree not to post, transmit or otherwise publish through the Service any of the following:
- User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third-party, including, but not limited to: addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content, in the sole discretion of Csnaps, are objectionable, harmful, contrary to the intents and purposes of the Csnaps Vision Statement and Purpose Statement, or which restrict or inhibit any other person from using or enjoying the Service, or which my expose Csnaps or its users to any harm or liability of any nature.
You agree that you will not take any action that is contrary to the intents and purposes of the Csnaps Vision Statement and Purpose Statement.
Although we prohibit certain activities in these Terms and Conditions, Csnaps does not make any representation or warrant that the User Content you may encounter through your use of the Service complies with these acceptable use provisions or the Terms and Conditions.
YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
These Terms and Conditions do not create any private right of action on the party of any third-party or any reasonable expectation that the Service will not contain any content that is prohibited by these acceptable use provisions.
Csnaps reserves the right, but is not obligated, to:
- Review or screen any User Content submitted to the Service;
- Edit any User Content posted on the Service; and/or
- Remove any User Content from the Service for any reason, at any time, without prior notice, at our sole discretion.
Csnaps will have no liability or responsibility to users of the Service or any other person or entity for performance or nonperformance of such activities. Csnaps’ enforcement of the acceptable use provisions set forth in these Terms and Conditions with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar User Content.
- ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account and password. We reserve the right to refuse service, terminate accounts, and remove or edit content in our sole discretion.
User Content that you post, upload or otherwise make available through the Service may be accessed and viewed by other Csnaps users. You understand and acknowledge that any User Content contained in public areas of the Service, including the Website’s homepage or other portions of the Service, is accessible to the public and can be accessed, archived, downloaded, linked to and republished by others including, without limitation, appearing on other websites and in search engine results.
We use commercially reasonable security measures to protect your account and User Content; however, we cannot guarantee absolute security of your account, your User Content, or registration information we collect, and cannot guarantee that our security measures will prevent third-parties from illegally accessing the Service, your User Content, or registration information.
You agree to immediately notify Csnaps of any unauthorized use to your account or passwords, or any other breach of security, and you accept all risks of unauthorized access the User Content, registration information, and any other information you provide to Csnaps.
- REPRESENTATIONS AND WARRANTIES OF USERS
All Csnaps users represent and warrant to Csnaps that:
- The user owns (or has legal right to represent and license) all intellectual property rights, title and interest in and to all photos or videos, including applicable copyrights, submitted through the Service and has the right to grant all licenses granted herein without violating the rights of any third-party;
- If the user who is agreeing to these Terms and Conditions is an agent of the copyright owner(s), then the user has been granted full authority of the copyright owner(s) to enter into this agreement; and
- All photos or videos submitted or posted by the user have all necessary releases, consents and permissions required to grant the licenses granted under the applicable license, including without limitation, valid releases for photos or videos depicting recognizable people and private properties, permissions regarding posting photos or videos containing individuals under the age of eighteen (18), and all written permission regarding all distinguishable trademarks.
- THIRD-PARTY SERVICES
As a convenience to its users, Csnaps may make third-party content and services available on or through the Service, including, but not limited to Facebook, Twitter and Instagram. When you leave Csnaps, you should be aware that these Terms and Conditions and all other Csnaps no longer govern your use of such websites and services or any content contained therein. Csnaps strongly urges its users to read and familiarize themselves with the Terms and Conditions and Privacy Policies applicable to such Third-Party Services.
Csnaps does not imply affiliation, approval, or control of any Third-Party Services by making such Third-Party Services available via our Service. YOUR USE OF ANY SUCH THIRD-PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONIDITONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD-PARTY SERVICES.
- LIMITATION OF LIABILITY
In no event will Csnaps, its directors, members, employees, or agents be liable for any special, indirect or consequential damages, or any other damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort, or otherwise, arising out of or in any way connected with the use of or inability to use or view the Website, App, Service, User Content, or the Csnaps materials contained or access through the Service, including any damages caused by or resulting from your reliance on any information obtained from Csnaps, or that result from mistakes, omissions, interruptions, violations of the Confidentiality and Non-Disclosure provisions set forth below in Section B(3) and Section C(3) of this Agreement, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any termination, suspension or other failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Csnaps records, programs, or services.
In no event will the aggregate liability of Csnaps, whether in contract, warranty, tort (including negligence), product liability, strict liability, or other theory arising out of or relating to the use of inability to use the Website, App, Service, User Content or Csnaps materials, exceed compensation you pay, if any, to Csnaps, for access to or use of the site or the Service or for the purchase of User Content.
You agree to defend, indemnity and hold harmless Csnaps and its affiliates and subsidiaries (collectively, the “Indemnified Parties”), and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to any User Content you post or otherwise transmit on or through the Service, your use of or inability to use the Service and the User Content, or your purchase of the User Content, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your purchase of the User Content, your violation of these Terms and Conditions or your violation of the rights of any third-party.
- DISPUTE RESOLUTION & APPLICABLE LAW
- Applicable Law
Your use of the Service is subject to all applicable local, state, national and international laws and regulations. These Terms and Conditions and your use of the Services will be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law provisions.
- Agreement to Arbitrate & Waiver of Representative Actions
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CSNAPS AND LIMITES THE MANNER IN WHICH YOU CAN SEEK RELIEF. IF YOU DO NOT CONSENT TO THE TERMS OF THIS SECTION 7, YOU ARE NOT PERMITTED TO USE THE CSNAPS SERVICE.
You agree that any dispute, claim or controversy arising hereunder or relating in any way to this Agreement, shall be settled by binding arbitration in Miami-Dade County, Florida, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim.
If the arbitrator determines that a party has generally prevailed in the arbitration proceeding, then the arbitrator may award to that party its reasonable out-of-pocket expenses related to the arbitration, including filing fees, arbitrator compensation, attorney’s fees and legal costs. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration.
Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of Florida, without giving effect to its conflict of laws rules. The parties hereto hereby waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding and/or hearing brought by any party against another on any matter whatsoever relating to, resulting from, arising out of, or in any way connected with these Terms and Conditions, or any amendment or breach hereof, including, without limitation, any claim or injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect.
You agree that the following will not be subject to arbitration: (i) any dispute over the validity of any party’s intellectual property rights, and (ii) any dispute related to or arising from allegations associated with your unauthorized or prohibited use of the Website, Website Content, App, Service, or User Content.
This Agreement, and your relationship with us under this Agreement, shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the local, state, or federal courts located in Miami-Dade County, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding this, you agree that we shall be permitted to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- Applicable Law
- LANGUAGE CONSTRUCTION & HEADINGS
The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning. Headings and other titles to paragraphs of this Agreement are solely for the convenience of the parties and have no effect whatsoever on the interpretation of the provisions of this Agreement.
If this Agreement, or any provision hereof, is determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced for any reason, this Agreement, or any such provision, shall be modified in such manner to render this Agreement, or any such provision, valid, legal and enforceable and shall continue to be a binding and enforceable obligation for the term of this Agreement as stated or for as long as any modification under this paragraph provides.
The terms and conditions of these Terms and Conditions which by their nature are intended to survive termination or expiration of the Service (including, but not limited to, Indemnification, Dispute Resolution & Applicable Law, and the Limitation of Liability) will survive any expiration or these Terms and Conditions.
- DIGITAL MILLENIUM COPYRIGHT ACT OF 1998 (“DMCA”)
Click here to view the Digital Millennium Copyright Act of 1998.
Pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”) and other applicable laws, Csnaps will terminate, at its sole discretion, the accounts of users who are deemed to be repeat copyright infringers. In addition, Csnaps may terminate a user account or limit an account’s access, at its sole discretion, whether or not there is repeat infringement.
Csnaps will respond to claims of copyright infringement committed using our Service that are reported to Csnaps’ designated copyright agent, identified below. To file a notice of infringement with Csnaps, you must provide written communication that sets forth the items specified below. Upon receipt of the notice, Csnaps will take whatever action it deems appropriate, at its sole discretion, including removal of the challenged material from the Service.
If you knowingly misrepresent that the material or activity is infringing, you will be liable for damages, including costs and attorney’s fees, incurred by Csnaps or the alleged infringer as a result of our relying upon your misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
The following information must be included in your notice of copyright infringement:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
- Identify the material that you claim is infringing the copyrighted work, and list each web page or App page that allegedly contains infringing material. Please provide the URL for each allegedly infringing item, if possible.
- Provide your name, address, telephone number, and email address.
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Provide your full legal name, and sign the notice.
- Remit the notice to the designated copyright agent, below.
Designated Agent: Raymond Rafool
Address of Designated Agent: 2665 S. Bayshore Dr., Suite 1204, Miami, FL 33133
Email Address of Designated Agent: Raymond@Rafool.com
- USE OF FAN CSNAPS
If you have committed to purchase the Fan Csnap Image and you agree to pay the Csnap rate price for the Image. Any attempt to manipulate or untruthfully list the Celebrity partner or delay in payment and/or refusal to pay for the Image will result in cancellation of your Fan Csnaps account. ALL SALES ARE FINAL. NO REFUNDS, CREDITS OR EXCHANGES WILL BE PROVIDED.You agree to not alter or change the originality of purchased Csnaps or commercial or non commercial resale for any financial gain. Any violations will be met with all legal and criminal consequences from the Celebrity, should they choose, and Csnaps, will be pursued. In addition your account will be terminated.
Upon payment, Csnaps will furnish a non-watermarked high resolution version of the Image, either photograph or video, including all associated property rights. A percentage of the proceeds, 80% minus processing & marketing fees (2% – 5%) net approx. 75% will be donated to the charity chosen by the Celebrity Account holder whom partnered in the Fan Csnap. A minimum of 20% will be paid to Csnaps to help support and run the Csnap platform. If celebrity is not currently registered with Csnap, you agree to have your net donation support the Csnap house charity.
Once you have legal ownership of the Image, you are prohibited from materially altering the Image in any way that may cause damage to the reputation of the Celebrity Account holder whom donated the time for the said Image, or in a manner that harms the charitable intent and purpose of the donation. You agree to reimburse all necessary legal & compensatory fees associated with the enforcement and protection of any materially altered images that has caused damage to a celebrity’s reputation, or in a manner that harms the charitable intent and purpose of the donation.
You agree that you will not take any action that is contrary to the intents and purposes of the Csnaps Vision Statement and Purpose Statement. Csnaps reserves the right to terminate any user Account that violates the Terms and Conditions set forth herein.
ADDITIONAL TERMS APPLICABLE TO VERIFIED CELEBRITY ACCOUNTS (“CELEBRITY TERMS”)
You may use the Service only in accordance with these Celebrity Terms and the Terms and Conditions of which they are a part. In the event of any conflict between these Celebrity Terms and the other provisions of the Terms and Conditions, these Celebrity Terms will control.
- ELIGIBILITY FOR CELEBRITY ACCOUNTS
To create a “Celebrity Account,” a prospective user must sign-up through a Verified Twitter and/or Facebook. Notwithstanding these minimum qualifications, Csnaps has sole discretion in determining who qualifies for a Celebrity Account.
It is a violation of this Agreement for any person to impersonate a celebrity as we will actively prosecute any persons attempting to do so.
- USE OF VERIFIED CELEBRITY ACCOUNTS
You agree that by uploading and/or posting any Images to the Service, you grant Csnaps a perpetual, exclusive and royalty-free right to use the Images (and the user name that is submitted in connection with such Images) as is reasonably necessary in order to enable Csnaps to provide the Marketing Service, including the distribution to selected worldwide Photo Editors to facilitate sales through their select group of media outlets. 80% minus processing & marketing fees (2% – 5%) net approx. 75% of the net proceeds from the sales go to the Celebrity’s chosen charity (or Csnaps’ house charity, if the Celebrity has chosen to remain anonymous). 20% minimum will be paid to Csnaps as a marketing fee to help support and run their platform. You further agree that once an Image is uploaded and/or posted through the Service, you relinquish all usage, distribution rights, marketing and control of how the image is used to optimize its greatest monetized value.
You acknowledge and agree that the Image(s) you upload will be provided exclusively to Csnaps, and you agree and undertake that you will not upload to Csnaps any Images that were previously uploaded and/or shared on any other social media platform, including, but not limited to Facebook, Twitter, and/or Instagram, sold and/or licensed to a third-party, or previously published through any media outlet, including, but not limited to television, print media, and/or the Internet.
You agree that you will not take any action that is contrary to the intents and purposes of the Csnaps Vision Statement and Purpose Statement. After the 10-day embargo period, during which the sales happen, the exclusive image & story appear on the Csnaps site/app, where fans can “like,” comment or add on donations.
You agree this marketing agreement has the intent to have Csnaps monetize your images thru the marketing channels so the image value can be optimized and benefit the Verified Celebrity chosen charity. Once your Image and adjoining story are uploaded, they will be sold through a select group of Photo Editors worldwide. The photo editors catalog the image and market the image to their seasoned media clients. The goal of optimizing each image monetized value long term is shared with Csnaps and the photo editors. The net proceeds from the photo editors in connection with the sale of your Image and adjoining story will be sent directly to a cash management firm. 80% minus processing (2% – 5%) net approx. 75% will be directly forwarded as a donation to the charity chosen by the Celebrity Account holder. 20% will be paid to Csnaps per the Marketing Agreement which goes to help support and run their platform. 20% will be paid to Csnaps in connection with the sale of your Image and adjoining story will be sent directly from the cash management firm to Csnaps. Csnaps at no time will have any unfettered access of any kind to amounts received by the photo editors or charity.
If you, the celebrity, choose to remain anonymous and donate image anonymously, you lose ability to share out the news to their social media, select the charity (will be Csnaps house charity), and take credit for the image & story.
Though Csnaps provides the software platform to facilitate the donation, the funds will actually come from the photo editors straight to a cash management firm who will then disburse the funds: 80% minus processing & marketing fees (2% – 5%) net approx. 75% will be directly forwarded as a donation to the charity chosen by the Celebrity Account holder. You the Celebrity agree Csnaps has control of image & story for perpetuity.
- CONFIDENTIALITY AND NON-DISCLOSURE
You recognize and acknowledge that all information relative to the subject matter and contents of the exclusive Image and adjoining story is CONFIDENTIAL, and that said confidentiality is uniquely related to the value of your donation. In order to maximize the value of your donated Image and adjoining story, you agree that you will not disclose any information relative to the subject matter and contents of the Image and adjoining story for fourteen (14) days after it has been uploaded.
You further agree that you will not take any action that spoils and/or diminishes the value of the exclusive Image and adjoining story, for fourteen (14) days after it has been uploaded, including, but not limited to publishing any photographs and/or videos that infer or relate to the donated Image and adjoining story, and/or publishing communications that infer or relate to the donated Image and/or adjoining story on any other social media platform, including Facebook, Twitter, and/or Instagram, or any other third-party or media outlet, such as television, print media, and/or the Internet.
You acknowledge and agree that the confidentiality restrictions provided for herein expire once the Image and adjoining story are published by the Csnaps website.
ADDITIONAL TERMS APPLICABLE TO CHARITY ACCOUNTS (“CHARITY TERMS”)
- ELIGIBILITY FOR CHARITY ACCOUNTS
To create a “Charity Account,” a prospective user must sign-up through Charities Portal and their application be approved by Csnaps. Csnaps has sole discretion in determining who qualifies for a Charity Account.
By creating a Charity Account, you certify that you will participate in good faith, that your actions will be consistent with the charitable purpose of our Service, and that you will make all reasonable efforts to comply with the Confidentiality and Nondisclosure Provision set forth. You further certify that you will not share any information or take any action that is contrary to the intents and purposes of the Csnaps Vision Statement and Purpose Statement, diminishes the value of the Image and adjoining story, or violate the Confidentiality and Nondisclosure Provision set forth in Section C(3), below.
Csnaps reserves the right to terminate any Charity Account that violates the Terms and Conditions set forth herein.
- USE OF CHARITY ACCOUNTS
Once you are registered and approved for a Charity Account, you will be able to create and sign into the Csnaps website. You acknowledge if you’re chosen as the charity of choice you will receive no less than the approx. 75% (80% minus 2 – 5% processing & marketing fees) of said donations.
- CONFIDENTIALITY AND NONDISCLOSURE
You recognize and acknowledge that all Csnaps processes, systems,notifications and set up are considered trade secrets. Information relative to the subject matter and contents of the exclusive Image and adjoining story is CONFIDENTIAL, and that said confidentiality is uniquely related to the value of the Image.