Please read these Terms carefully because they are a binding agreement between You and Netvillage, (“Netvillage”,"Company", or “We”). This Agreement applies to all customers, visitors, and others who access our Service and those that access the mobile app our Service creates (“Users”).
Generally speaking, our
responsibility to each of our customers is to act reasonably and we
expect the same from our customers. Websites crash, the Internet
crashes, non-delivery of messages or any force majeure could occur
without notice. Also Apple or Google could decide an app is no longer
'viable' to be in their stores or change policy that would remove an
App. Basically things happen and we'll make reasonable efforts to fix
stuff and keep the lights on. But we can't guarantee anything, and we
aren't responsible for stuff that happens, with our service our
someone else's. Specifically, our Products and all included content
are provided on an "as is" basis without warranty of any
kind, whether express or implied. In fact, we specifically disclaim
any and all warranties and conditions of merchantability, fitness for
a particular purpose, and non-infringement, and any warranties
arising out of course of dealing or usage of trade. The entire risk
as to the quality and performance of the software is with you. Think
of it this way, we are building the best service we can for you but
we can't promise it will be perfect. We're not liable for various
things. If you think we are, let's try to work it out like
adults.
And for your part we expect you to be reasonable as
well, not using our service for sending out spam, child porn, running
guns, drugs, etc., you know the drill. And we won't force you
into an iron-clad long term contract, if you're not happy we don't
want to keep you. And the same goes in reverse, if we're not happy,
we are able to move on as well.
We'll also upload your app to the app stores for you, but your accounts on the App Stores will be your accounts, not ours. So you're not locked into us, but you'll have to pay Apple/Google a yearly fee for the privilege (currently at $99 or $25 respectively). We'll provide you with the information you need to login and manage your own account or we can help as needed. The fees for the first year are paid through by us. After that you are responsible for paying them directly yourself, but we will send you a reminder before they are due, so your app remains active.
1.1 Your Snaplets.net Account
and Site: You may be required to create an account and specify a
password in order to use certain services or features on our Site. To
create an account, you must be at least 18 years old and you must
provide truthful and accurate information about yourself. You may not
share your account with anyone else. Please keep your password
confidential, and try not to use it on other websites. If you believe
that your account has been compromised at any time, please notify us
right away.
You are responsible for maintaining the security
of your account, and you are fully responsible for all activities
that occur under the account and any other actions taken in
connection with it. You must immediately notify us of any
unauthorized uses of your mobile application, your account or any
other breaches of security. We will not be liable for any acts or
omissions by You, including any damages of any kind incurred as a
result of such acts or omissions.
1.2 Responsibility of Contributors: If you post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”) or other services, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
· the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
· if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
· you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
· the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
· the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
· the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
· your mobile application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
· your mobile application is not named in a manner that misleads your readers into thinking that you are another person or company; and
· you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials.
Meaning, if you push stuff to your customers that gets you in trouble, that's on you, not us.
1.3 By submitting Content to Snaplets for inclusion on any services or applications provided by Snaplets, you grant Snaplets a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your mobile application. If you delete Content, Snaplets will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Snaplets has the right (though not the obligation) to, in Snaplets’s sole discretion (i) refuse or remove any content that, in Snaplets’s reasonable opinion, violates any Snaplets policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Snaplets’s sole discretion. Snaplets will have no obligation to provide a refund of any amounts previously paid.
Subject to the terms of these Terms and Conditions, We will use commercially reasonable efforts to provide you services and technical support services. The amount of end-user tech support services is also persuant to the level choosen per your setup invoice.
We cannot guarantee the reliability of the Internet and therefore cannot be responsible for the reliability of delivery of information due to Internet downtime. We will make reasonable efforts to assure the connections remain active and stable as possible. We cannot be responsible for power outages, floods, hurricanes and other “Acts of God”.
At times We upgrade our network and hardware. We also take steps to make sure the connections remain stable and reliable. Occasionally this will require "downtime" to the network. We will, whenever possible, notify you about this downtime ahead of time. We will always to the best of our ability perform routine maintenance at the most convenient time for all parties
3.1 Customer acknowledges that the Software in source code form remains Proprietary Information of Company and that the source code is not licensed to Customer by these Terms and Conditions and will not be provided by Company to Customer, other than as pursuant to Section 11.4. Customer will not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); (ii) modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); (iii) use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or (iv) remove any proprietary notices or labels.
3.2. Customer represents, covenants, and warrants that Customer will use the Services only in compliance with Company’s standard published policies then in effect and all applicable laws and regulations. Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from Customer’s use of Services, including any claim arising from Customer’s infringement of a third party’s intellectual property rights. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
3.3. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.
3.4. Customer agrees not to publish, transmit or upload any content which is defamatory, slanderous, morally offensive, obscene, pornographic, glorify the use of violence, are of an insulting or discriminatory nature, are in violation of trademarks, are known to be untrue or otherwise constitute a criminal offense. All apps are subject to Company's approval. Company reserves the right (i) to monitor all apps and to remove any content which it considers in its absolute discretion to be unlawful, inappropriate, offensive or otherwise in breach of these Terms and Conditions, and (ii) to refuse any app at its sole discretion for any reason whatsoever, including for offensive or inappropriate content. In the event of app refusal, Company will pause all billing until or unless the app is modified, accepted, and published.
4.1 You shall pay all fees for our Services as specified in- executed Order Forms, or any other agreement signed by you and Netvillage. Except as otherwise specified herein or in an Order Form, (i) fees are quoted and payable in United States dollars (ii) fees are based on Services purchased and payment obligations are non-cancelable and fees paid are non-refundable. You shall pay to Netvillage the fees for the Services within net 30 days of the date of invoice. You shall have no right to withhold or reduce fees under these Terms or set on any amount against fees owed for alleged defects in the Service. All fees not paid when due shall accrue interest at the lesser of 1.0% per month or the maximum rate allowed under applicable law.
4.2 All information that you provide to register with Netvillage, including your credit card information is subject to Netvillage 's Privacy Policy. If you are paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods, including upgrades. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. We accept the following credit cards at this time: Visa, MasterCard, Discover, or Paypal. For your convenience and continuous subscription benefits as a customer, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid.
4.3 If any amount owed by you under these Terms or any other agreement for our Services is 30 or more days overdue, we may, without limiting our other rights and remedies, accelerate your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend our services to you until such amounts are paid in full.
4.4 Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, " Taxes"). You are responsible for paying all Taxes associated with your purchase of Services. If we have the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against us based on our income, property and employees.
4.5 Custom App Design. Our initial setup is treated as a custom design and development project. Hence once the payment for that portion (which can vary) is made, it is non-refundable. If a project is cancelled or postponed, We retain all monies paid and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Netvillage will make reasonable efforts to notify you of updates to the Services, however we reserve the right, in our sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features. If you are using a download based Software from Netvillage, you will be required to install the most current version of our Software to both receive support from Netvillage and remain in compliance with this agreement or Terms..
6.1 If you receive Software from us, its use is governed in one of two ways: If you are presented with license terms that you must accept in order to use the Software, those terms apply; if no license is presented to you, these Terms apply. We reserve all other rights to the Software.
6.2 We may automatically check your version of the Software. We may also automatically download to your computer or device new versions of the Software.
6.3 Any Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when your Service ends. You must then promptly uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software.
6.4 The Software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the Software without U.S. government permission to anyone on U.S. government exclusion lists (see the Commerce Department's compliance list at http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern. You represent and warrant that you're not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above.
You agree to defend, indemnify and hold us harmless, along with any subsidiaries, agents, affiliates, customers, vendors, officers, employees and family members from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys fees and cost) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account.
THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
The Service may contain links to other websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand that these Terms of Service and our Privacy Policy below do not apply to your use of such sites. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SERVICE OR ANY CONTENT THEREON FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
11.1 We may terminate or suspend the Service in whole or in part immediately, without prior notice or liability, for any reason or for no reason, including without limitation, if you breach any of the terms or conditions of this Agreement, or simply at our will. Upon termination of your account, your right to use the Service will immediately cease.
All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11.2. In addition to any other remedies it may have, Customer may also terminate the Services upon thirty (30) days’ written or e-mail notice if a material breach by the Company of any of these Terms and Conditions remain uncured and outstanding. Company may terminate without notice in the case of nonpayment by Customer. Customer will pay in full for the Services up to and including the last day on which the Services are provided. All sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
11.3. In the event that the Application is not approved by Apple’s App Store or Google’s Google Play Store, and unable to gain approval from either or both of the Stores within forty-five (45) days, Service Fees are reduced by 50% for each Store that has withheld approval until such time as approval is attained.
11.4 In the event of a termination pursuant to Section 11.1 or a breach by the Company of Section 11.2, Company agrees to transfer Customer’s mobile Application and Customer Data to the Customer in exchange for payment in full of the Services Fees for the Initial Service Term and a one-time conversion fee of $5,000.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Silver Spring, Maryland, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Maryland to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The courts of Maryland and the nearest U.S. District Court in the State of Maryland shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.
14.1. No Agency; Waiver. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
14.2. Notification. We may provide notifications, whether such notifications are required by law or are for other business purposes, to you via email notice, “push” notification on your mobile device, written or hard copy notice, or through posting of such notice on the Service, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in this Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
14.3. Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
14.4. Assignment. This Agreement is not assignable, transferable or sub licensable by you except with our prior written consent. We may transfer, assign or delegate this Agreement and its rights and obligations without consent.
14.4. Contact. Please contact us with any questions regarding this Agreement.
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