SNIPP MOBILE MARKETING AND MESSAGING SERVICES TERMS AND CONDITIONS
By participating in a mobile promotion campaign operated by Snipp Interactive Inc., (“Snipp Interactive”, “Snipp”, “we”, “our”, “us”), including by texting the applicable keyword to Snipp’s Shortcode, you agree that you are the primary owner of the phone number used to participate, and you expressly consent to receive promotional text messages from Snipp Interactive. Message and Data Rates May Apply. Messages sent from automated system. Consent not required for purchase. You may unsubscribe from a program at any time by texting STOP to the appropriate shortcode. For additional help, you can text HELP to the appropriate shortcode or email help@snipp.com . Programs are transactional in nature and occur on demand between mobile originated message and mobile terminated messages.
The terms and conditions of use that appear below (the “Terms of Use”, “Agreement”) apply to individual, non-commercial users. By using the Service and associated mobile features, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE YOU USE THE SERVICES! If you do not agree to comply with these Terms of Use, you may not access or otherwise use the Service and associated mobile features.
PRIVACY POLICY
It is the policy of Snipp Interactive to respect the privacy of end users of the Service as described in the Snipp Interactive privacy policy located at www.snipp.com/privacy-policy. You agree that SNIPP INTERACTIVE may access and disclose any information, including user names and other information, if they believe in good faith that such action is reasonably necessary to comply with applicable laws and lawful government requests, to operate their systems properly, or to protect themselves, their customers, or other third-parties.
WHO WE ARE / DESCRIPTION OF SERVICE / USE OF INFORMATION
The Snipp mobile marketing and messaging service (the “Service”) as provided by Snipp Interactive is a mobile query service, online and mobile information aggregation and delivery service that makes that allows individuals to react to keywords and images and makes available information, data, text, messages, graphics and other information from many different third party sources (such sources, the “Brands”).
A Brand’s campaign may ask you to provide personally identifiable information to participate in that campaign. By providing that information you agree that Snipp may store the information you provide and share that with the Brand for use for that campaign and for future campaigns hosted by that Brand, if consented to. Snipp will not sell this personally identifiable information to other Brands without your consent.
We obtain information regarding your wireless services provider through your mobile phone number. We also obtain non-personally identifiable information when you participate in a Snipp Program that is sponsored by Snipp Interactive. We use this information to operate, develop and improve our services and may share it with Brands and other third parties who engage in transactions with Snipp. Non-personally identifying information collected from one Brand’s campaign may be used to report on another Brand’s campaign. Further, Brands may ask you to submit information about yourself if you have specifically opted-in to receive communications from such Brands. If you choose to submit the requested information, Brands may use this information and may share such information with third parties.
SNIPP INTERACTIVE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, AND DISCLAIMS ALL WARRANTIES REGARDING THIS SERVICE. THE QUALITY, INCLUDING THE SPEED, OF THE SERVICE PROVIDED WILL VARY DUE TO THE PERFORMANCE OF CERTAIN SYSTEMS THAT AFFECT THE INTERNET AND SNIPP INTERACTIVE’S WIRELESS NETWORK. SNIPP INTERACTIVE IS NOT RESPONSIBLE FOR ANY ACTS THAT ARE BEYOND SNIPP INTERACTIVE’S CONTROL, INCLUDING WITHOUT LIMITATION THE ACTS OF THIRD PARTIES. IN THE EVENT YOU HAVE AN URGENT OR EMERGENCY MESSAGE THAT YOU ARE TRYING TO SEND, SNIPP INTERACTIVE STRONGLY RECOMMENDS THAT YOU ALSO SEND THE MESSAGE THROUGH ANOTHER SOURCE.
BY COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE AT LEAST 13 YEARS OF AGE AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.
This Service is provided by us to you subject to this Agreement and the rules that may be published from time to time by us. We currently offer Services to users who agree to abide by (i) the terms and conditions of this Agreement; (ii) our privacy policy, and (ii) any guidelines posted on any applicable website. We reserve the right to change this Agreement at any time without notice to you. You may review the most current version of this Agreement at: http://www.snipp.com/tc. In addition, when using particular services of Snipp Interactive, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted by Snipp Interactive from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Users who violate the terms of this Agreement will have their account (“Account”) canceled and they may permanently be banned from using Snipp Interactive or the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms of Use. You understand and agree that the Service is provided “AS-IS” and that Snipp Interactive assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees, charges and expenses (such as Internet service provider or airtime charges). You are responsible for those fees, charges and expenses, including, but not limited to, those fees associated with the display or delivery of advertisements and standard text messaging charges that will depend on the plan that you have with your wireless carrier. In addition, you must provide and are responsible for all equipment necessary to access the Service.
USER CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
- You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, nudity, pornographic, obscene, or offensive language or images;
- You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
- You will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any patent, trade secret, copyright or privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law. You will not post or transmit in any manner any contact information including, but not limited to, telephone numbers, postal addresses, e-mail addresses, web sites, or full names through your publicly posted information.
- You will not upload, post, email, transmit 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 will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law.You acknowledge, consent and agree that Snipp Interactive may access, preserve, and disclose your account information and content that you provide to us through the Service (the “Content”) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Snipp Interactive, its users, employees and the public.You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Snipp Interactive and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
You acknowledge, understand and agree that Snipp and its designees shall have the right in their sole discretion to moderate, pre-screen, or refuse any Content that is available via the Service. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and we assume no responsibility for the Content of any kind provided through the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge, understand and agree that you may not rely on any Content created by Snipp or submitted to Snipp.
IMPORTANT NOTE REGARDING TEXTING TO SNIPP’S SHORTCODE:
By texting the appropriate Keyword to the applicable shortcode (e.g., 811811) you expressly consent to receive a limited number of promotional text messages as further disclosed in the applicable program rules pertaining to that program only, via an automatic telephone dialing system to the number you provided, from Snipp Interactive Inc. Your consent to the above is not required to make a purchase. *Text, messaging and Data Rates may apply. The text message you send is your electronic signature agreeing to these Terms, and to giving electronic written consent as set forth above. Carrier specific charges for text messages and data may apply for each message sent or received, depending on your individual cellular pricing plan, in accordance with your cellular customer agreement. Not all mobile devices are supported; You may only use the Services if they are using a supported device. SMS/MMS may not be available for all service providers or for all handsets. Cellular phone carrier’s instructions for text messaging may be different. Check your phone capabilities for specific instructions. Snipp make no guarantee that any particular wireless service provider will participate. As of date, the Services provided by Snipp Interactive are compatible with the following wireless carriers:
– AT&T
– Verizon Wireless
– T-Mobile
– Sprint
– Alltel
– Boost
– Metro PCS (SMS Only)
– Nextel
– U.S. Cellular
– Virgin Mobile
Please note that the list of compatible wireless carriers may change at any time and without customer notification. For a copy of the most current list of compatible wireless carriers please email help@snipp.com
Check with your service provider for details. By using the Service, you grant permission to Snipp Interactive to notify you via return text message and agree to accept all applicable charges associated therewith. Wireless service providers may charge you for each text message, including any error message that is sent and received pursuant to using the Services, based on the applicable wireless service plan. You may text STOP to the appropriate shortcode to opt out of a campaign at any time. Text HELP to the appropriate shortcode for more information. Programs are transactional in nature and occur on demand between Mobile Originated message and Mobile Terminated messages.
Games of Chance and Promotions.
Snipp sometimes provides Brands with access to its SnippCARE (Customer Acquisition Retention and Engagement) Platform in the set-up and administration of certain games or chance (including Sweepstakes and Instant Win Games) and other promotions (including gift with purchase promotions). By participating in such games of chance or promotion, you are agreeing to abide by the official rules of such game of chance and/or promotion. In addition, by participating in any game of chance, you are acknowledging that Snipp is not sponsoring or offering the game of chance and accepts no liability for any claim related to compliance with laws relating to such games of chance and makes no representation or warranty that any game of chance complies with applicable law, and you release Snipp from any liability related to such a claim.
AGE REQUIREMENT AND LIMITATION ON USE OF SERVICES
Users of the Services must be at least 13 years of age.
Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by Snipp Interactive. If Snipp Interactive determines that it has collected personal information of children under the age of 13, Snipp Interactive will immediately delete such information.
Users are limited to one account per person. Snipp Interactive reserves the right to terminate any account for non-use of longer than 90 days. You are solely responsible for all security information relating to your account, and are fully responsible for all activities that occur under your password or account. Use of the Services is also governed by the Snipp Interactive Privacy Policy.
If you are between the ages of 18 and 13 and you use our Services, you promise and agree that you have your parent’s permission to use the Services.
TERMINATION
Snipp reserves the right, in its sole discretion, to immediately terminate your subscription and access to any or all Snipp services at any time, without notice. Snipp shall have no obligation to maintain any content or to forward any unread, unsent or past messages to you. You agree that any all termination shall be made in Snipp Interactive’s sole discretion and that Snipp Interactive shall not be liable to you or any third-party for any termination of your account or access to the Service.
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
INDEMNIFICATION
You agree to indemnify and hold us, our subsidiaries, partners, officers, directors, affiliates, employees and agents, harmless from any claim, loss or damages, including without limitation reasonable legal fees, arising from your activities on or use of the Service, including without limitation any breach by you of this Agreement, your connection to the Service or your violation of the rights of another. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
MODIFICATIONS TO TERMS OF USE OR TO THE SERVICE
SNIPP INTERACTIVE reserve the right to change the Terms of Use at any time without notice. SNIPP INTERACTIVE also reserves the right to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that SNIPP INTERACTIVE shall not be liable to you or any third party for any modification to or discontinuance of the Service.
INTELLECTUAL PROPERTY
As a condition of your use of the Services, you agree that you will not use the Service to infringe the intellectual property rights of others in any way. Snipp reserves the right to terminate the account of a user or particular content upon any single infringement of the rights of others in conjunction with use of the Service, or if Snipp believes that conduct of the user or the feed is harmful to the interests of Snipp, its affiliates, or other users, or for any other reason in Snipp’ sole discretion, with or without cause. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at www.copyright.gov), Snipp will respond expeditiously to claims of copyright infringement committed using the Service that are reported to Snipp. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by sending an email to the copyright agent at help@snipp.com with the subject DMCA.
EXTERNAL LINKS
The Service may contain links to other Internet sites, resources and members of the Service. SNIPP INTERACTIVE is not responsible for the availability of these outside resources, or their contents, and does not endorse (and is not responsible for) any of the contents, advertising, products or other materials on such sites. Under no circumstances shall SNIPP INTERACTIVE, be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
DISCLAIMER OF WARRANTIES
THE CONTENT, INFORMATION AND OTHER MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND DENIED. SNIPP INTERACTIVE DOES NOT MAKE ANY WARRANTY (I) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND OR (III) THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SNIPP INTERACTIVE DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ADVERTISED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SNIPP INTERACTIVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SNIPP INTERACTIVE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES, EVEN IF SNIPP INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT SNIPP INTERACTIVE IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU AGREE THAT SNIPP INTERACTIVE IS NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM NETWORK OR SYSTEM OUTAGES, FROM FILE CORRUPTION OR ANY OTHER REASON. YOU FURTHER AGREE THAT SNIPP INTERACTIVE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT SNIPP INTERACTIVE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR SERVICE. YOU SPECIFICALLY AGREE THAT SNIPP INTERACTIVE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SNIPP INTERACTIVE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN SNIPP INTERACTIVE BY ANY THIRD PARTY.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
MISCELLANEOUS
Ability to receive messages in any geographic area is not an indication that you can send messages. You will be billed for all sent messages, unless you receive an error message on your phone. There is no guarantee of actual delivery or delivery within a specific period of time. If your phone is turned off, your phone’s memory is full, or you are outside the Text Messaging service area, the network may store and re-send any message. All Cellular carriers have different timelines for resending messages. Maximum message length is up to 160 characters, which includes your mobile domain name. If you have per line call blocking on your account your phone number will still transmit as part of an text message. You can only send short messages in select geographic areas. You may incur additional charges when roaming. Additional charges apply when sending international text messages. You understand and agree that your alerts may be delayed or prevented by a variety of factors. We neither guarantee the delivery nor the accuracy of the contents of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance of an alert.
This Agreement constitutes the complete and exclusive agreement between the SNIPP INTERACTIVE and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
The failure of SNIPP INTERACTIVE to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the parties’ intentions, and the other provisions of the Agreement shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to the Agreement must be commenced within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect or significance.
The Agreement and the relationship between you and Snipp Interactive shall be governed by the laws of New York without regard to its conflict of law provisions. You and Snipp Interactive agree to submit to the personal and exclusive jurisdiction of the courts located in New York, USA.
You agree that your SNIPP INTERACTIVE account is non-transferable and any rights to your Snipp Interactive or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
VIOLATIONS
Please report any violations to privacy@snipp.com.
