Terms of use

AGREEMENT TO OUR LEGAL TERMS
We are The Annam Company, LLC ("Company,""we,""us," "our").
We operate the website(s) SNACweb.com, SNACsounds.com, & SNACtube.com, (the Site(s)"), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms") (collectively, the Services").
 
Welcome to SNACweb.com, a unique Social Network created for all those fightng cancer or for those who know someone who has cancer.  SNACweb.com is different from all the other social medias because it was designed to be a place where the world wide community of people can come to find hope in the midst of their battle.  A place to come anytime of the day or night to find timely information, make new friends, share your testimony, pray for others, ask for prayer for yourself or just listen to some encouraging music or look at encouraging videos to lift up your spirit.
 
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of any entity ("you"), and SNACweb.com concerning your access to and use of the Services.  You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSIVELY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. 
 
We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to Legal Terms will become effective thirty (30) days after the notice is given.  By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.  If you disagree with such changes, you may terminate Services as per the section "TERMS AND TERMINATION."
 
The services are intended for users who are at least 13 years of age.  All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have thier permission of, and be directly supervised by, their parent or guardian to us the Services.  If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services. 
 
We recommend that you print a copy of these Legal Terms for your records.
 
TABLE OF CONTENTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROBHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. SOCIAL MEDIA
13. THIRD-PARTY WEBSITES AND CONTENT
14. ADVERTISERS
15. SERVICES MANAGEMENT
16. PRIVACY POLICY
17, COPYRIGHT INFRINGEMENTS
18. TERM AND TERMINATION
19. MODIFICATIONS AND INTERRUPTIONS
20. GOVERNING LAW
21. DISPUTE RESOLUTION
22. CORRECTIONS
23. DISCLAIMER
24. LIMITATIONS OF LLIABILITY
25. INDEMNIFICATION
26. USER DATA
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
28. CALIFORNIA USERS AND RESIDENTS
29. MISCELLANEOUS
30. CONTACT US
 
1. OUR SERVICES
 
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.  Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
 
The Services are not tailored to complly with indostry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal information Security Management Act (FISMA), etc.), so your interactions would be subjected to such laws, you may not use the Services.  You may not used the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA). 
 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website design, audio, video, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therin (the "Marks").

Our Content and marks are protected by copyright and trademark law (and various other intellectual property rights and unfair competition laws) treaties in the United States and around the world.

The Contnet ard Marks are provided in or throught the Services "AS IS" for your personal, non-commercial use or internal business purpose only. 

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below we grant you a non-exclusive, non-transferable, revocable license to 

  • access the Services; and
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  • download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose. 

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied. reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distrubuted, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our expressed prior written permission. 

If you wish to make any use of the Services, Content, or Marks other than as set ot in this section or elsewhere in our Legal Terms, please address your request to admin@snacweb.com. If we ever grant you the permission to post, reproduce or publicly display any part of our Services or Content, you must idently us as the owner or licensors of the Services, Content, or Marks and ensure that any copyright or prorietary notice appears or is visiable on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. 

Your submissions and contributions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comments, suggestion, idea, feedback, or other informaton about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without asknowledgement or compensation to you. 

Contributions:  The Services may invite you to chat, contribute to or participate in blogs, message boards online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distrubute, or broadcast content and materials to us or through the Services, including but not limitied to text, writings, video, audio,  photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions").  Any Submission that is publicly posted shall also be treated as a Contribution. 

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites. 

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited , irrevocable, perpetual, non-exclusive, transferable, royaltyl-free, full-paid, worldwide right, and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to perpare derivative works of, or incorporaate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels. 

This license includes our use of your name, company name, and franchise name as appliclable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. 

You are responsible for what you post or upload:  By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible throught the Services by linking your account through the Services to any of your social networing accounts, you:

  • confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission or post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexual explicit, false, inaccurate, deceitful, or misleading;
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  • to the extent permissible by applicable law, waive any and all moral rights to any Submission and/or Contribution;
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  • warrant  that any such Submission and/or Contributions are original to you or that have the necessary rights and licenses to submit such Submissions and/or Contriibutions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
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  • warrant and represent that your Submissions and/or Contributions do not constitute confidential information. 

You are solely responsible for your Submsissions and/or Contributions and you expresslyagree to reimburrse us for any and all losses that we may suffer becauseof you breach of (a) this section, (b) any third party's intellectual propberty rights, or (c) applicalbe law.

 

We may remove or edit your Content:  Although we have not obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or is breach of these Legal Terms.   If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities. 

 

Copyright infringement

We respet the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the "COPYRIGHT INFRINGEMENTS"section below.

 

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorized purposes; and (8) your use of the Services will not violated any applicable law or regulation. 

If your provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

 

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your passwoard confidential and will be responsible for all use of your account and password.  We reserve the right to remove, reclaim, or change a username you selet if we determine, in our sole discretion, that such username is inappropriate, obscene or othewise objectionable. 

 

5. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.  All productes are subect to availability, and we cannot guarantee that items will be in stock.  We reserve the right to discontinue any products at anytime or any reason. Prices for all prodcts are subject to change. 

 

6. PURCHASES AND PAYMENT

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services.  You further agree to promptly updated account and payment information, including email address, payment method, and payment care expiration date, so that we can complete your transactions and contact you as needed.  Sales tax will be added to the price of purchaes as deemed reqiured by us.  We  may change prices at any time.  All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.  We reserve the right to correct any errors or mistakes in pricing, even if we have already requesed or recevied payment. 

We reserve the right to refuse any order placed through the Services.  We may, in our sole discretion, limit or cancel quanitities purchased per person, per household, or per order. Theses restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit order that, in our sole judgment, appear to be place by dealers, resellers, or distributors. 

7. RETURN POLICY

All sales are final and no refund will be issued.

 

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available.  The Services may not be used in connection with any commerical endeavors except those that are specifically endorsed or approved by us. 

 

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
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  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
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  • Circumvent, disable, or otherwise interfer with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. 
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  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
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  • Use any information obtained from the Services in order to harasse, abuse, or harm another person.
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  • Make improper use of our support services or submit false reports of abuse or misconduct.
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  • Use the Services in a manner inconsistent with any applicalbe laws or regulations.
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  • Engage in unauthorized framing of or ining to the Services.
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  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excesive use of capital letters and spamming (continuous posting or repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interfers with the use, features, functions, operation, or maintenance of the Services. 
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  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 
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  • Delete the copyright or other propietary rights notice from any Content.
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  • Attempt to impersonate another user or person or use the username of another user.
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  • Upload or transmit (or attempt to uplaod or to transmit) any material that acts as a passive or active information collection or transmission mechanish, including without limitation, clear graphic interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanism" or "pcms").
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  • Interfer with, disrupt, or create an undue burdon on the Services or the networks or services connected to the Services.
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  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
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  • Attempt to bypass any measuares of the Services designed to prevent or restrict access to the Services, or any protion of the Services.
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  • Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
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  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software complrising or in any way makeing up a part of the Services. 
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  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated systems, including without limitation, any spider, robot, chet utility, scraper, or offline reader that accesses the Services, or use or launch any unautherized script or other software.
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  • Use  a buyering agent or purchasing agent to make purchases on the Services.
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  • Make any unauthorized use of the Services, including collecting usernames, and/or email addresses of users by elecronic or other. means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
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  • Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
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  • Sell or otherwise transfer your profile. 

9. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us oor on the Servies, including but not limited to text, writings, video, audio, jphotographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions. may be viewable by other users of theServices and through third-party websites. As such, an Contributons you transmit may be treated as non-confidential and non-proprietary.  When you create or make available any Contributions, you thereby represent and warrant that:

  • *The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of yur Contributions do not and will not infringe the proprietry rights, incllding but not limited ot the copyright, patent, trademark, trade secret, or moral rights of any third party.
  • *
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions inany manner comtemplated by theServices and these Legal Terms.
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  • You have the written consent, release, and/or permision of each and every identifiable individual person in your Contributions to use the name or likeness of each and eery suchidentifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
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  • Your Contributons are not false, inaccurated, or misleading.
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  • Your Contributions are not unsolicited or unauthorized, promotional materials, pyramid schemes, chair letters, spam, mass mailings, or other forms of solicitation.
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  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
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  • Your Contributions do not redicule, mock, disparage, intimidate, or abuse anyone.
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  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
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  • Your Contributions do not violate any applicable law, regulation, or rule.
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  • Your Contributions do not violate the privacy or publicity rights of any third party
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  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
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  • Your Contribution do not include any offensive comments that are connected to race, national orgin, gender, sexual preference, or physical handicap.
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  • Your Contributions do not  otherwise violated, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation. 

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessibe to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you repesent and warrant that you have the right to grant, to us any unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worlwide right, and license to host, use, copy reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformate, translate, trnsmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distributions may occur in any medida formates and through any media channels.

This license will appy to any form, media, or technology now known or herafer developed, and includes our use of you name, company name, and franchise name, as applicable, and any of he trademarks, service marks, trade names, logos and personal and commercial images you provide.  You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any owernership over your Contributions. You retainfull ownership of all of your Contributions any any intellectualproperty rights or other proprietary rights associated with your Contributions. We are not liale for any statements or representations in your Cotributions provided by you in any area on the Services.  Your are solely responsile for your Contributions to the Services and you expessly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.  We have no obligation to monitor your Contributions. 

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave review or ratings.  When posting a review, you must comply with the followering creteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) you review should not contain offensive profanity, or abusive, racist, offensive, or hateful languate; (3) your reviews should ot contain discrematory references based on religion, race, gender,  natiional orgin, age marital status, sexual orientation, or disabillty; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should notmake any concllusons as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you many not organize a campaign encouraing others to post reviews, whether positive or negative. 

 

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no oblication to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.  Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liablity for any review or for any claims, liabilities, or losses resulting from any review.  By postig a review, you hereby grant to us a perpetual, non-exclusive, worldwide , royalty-free, fully paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, performs, and/or distribute all content relating to review. 

12. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicble terms and conditions that govern your use of each Third-Party Account.   You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Accoount, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Accont.  By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and throught the Services via your account. including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that yu have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be availale on and through your acount on the Services.  Please note that if a Third-Party Account or associated service become unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Socian Network Content may no longer be available on and through the Services. You will have the ability to diaable the connection between your account on the Services and your Third-Party Account at any time.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.  We make no effort to review any Social Network Content for any purposes, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.  You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also regisatered to use the Services.  You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attemt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

13. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links ot other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, softwre, and other content or items belonging to or originating from third parties ("Third-Party Contnet"). Such Third-Party Websites arnd Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the contnet, accuracy, offensiveness,  opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.  Inclusion of, linking to, or permitting the use or installation of any Third-Party or any Third-Party Content does not imply approval or endorsement thereof by us.  If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the  applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.  Any purchases you mae through Third-Party Websites will be throught other websites and from other companies, and we take not responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.  You agree and acknowledge that we do not endorese the products or servies offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchases of such products or services.  Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

14. ADVERTISERS

We allow advertisers to display their advertisements and other informationin certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

15. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof: (4) in our sole discretionand without limitation, motice, or liability, to remove from the Services or otherwise disable al files and content that are excessive in size or are in any way burdensome to our systems: and (5) otherwise manage the Services in a manner designed to pretect our rights and property and to facilitate the proper functioning of the Services.

16. PRIVACY POLICY

We care about data privacy and security.  Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is i ncorporated into these Legal Terms.  Please be advised the Services are hosted in the United States.  If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring you data to the United States, and you expessly consent to have your data transferred to and processed in the United States.  Futher, we do not knowingly accept, request, orsolicit information from children or knowingly market to children.  Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we  receive actual knowledge  tht anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delet that information from the Services as quickly as is reasonable practical. 

17. COPYRIGHT IFRINGEMENTS

We espect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a Notification").   A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.  Please be advised that pursuant to applicale law you may be held liable for damages if you make material misrepresentations i a Notification. Thus, if your are not sue that material located on or linked to by the Services infringes your copyright, you should cosider first contacting an attorney.

18. TERM AD TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.  WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LETAL TERMS OR OF ANY APPLCABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USEOF PARTICIPATION IN THE SERVICES OR DELET YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminated or suspend your account for any reason, you areprohibited form registering and creating a new account under your name, a fake or borrowed name, or the ae of any third oparty, even if you may be acting on behalf of the third party.  In addition to terminating or suspending your account, we reserve the right to take appropriate letal action, including without limitation pursuing cival, criminal and injunctive redress.

19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice.  However, we have not oblication to update any information on our Services. We will not be liable to your or any third party for any modification, prie change, suspension, or discontinuance of Services.

We cannot guarantee the Services will be available at all times. We may expericnce hardware, sofwre, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have noliablity whatsoeer for any loss, damage, or i nconveniences caused by your inability to access or use the SErvices during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be constructed to obligate us to maintain and support the Services or to supply any correcttions, updates, or releases in connection therewith. 

20. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of GEorgia aplicable to agreements made and to be entirely performed within the States of Georgia, without regard to its conflict of law principles.

 

21. DISPUTE RESOLUTION

Informal Negotiations

To expediete resolluton and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expresslly provided below) informally for at least 90 days befoe initiating arbitration, Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If these Paries are unable to resolve a Dispute thoough informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitrations. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.  The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Comsumer Rules"), both of which are availavle at the American Arbitration Associations (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and where appropriate, limited by the AAA Consumer Rules.  The arbitration may be conducted in person, through the submission of ducuments, by phone, or online. The arbitrator will make a deision in writing, but need not provide a statement of reasons, unless requested by either Party.   The arbitrator mus fullow applicable law, and any award may be challenged if the arbitrator fails to do so.  Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Muscogee, Georgia. Except as otherwise provided herin, the Parties may litigated in court to compel arbitration, stay proceedidngs, pending arbitration, or to confirm, modity, vacate, or enter judgement on the award entered by the arbitrator. 

In no event shall an Dispute brought by either Party related in any way to the Services be commenced more than one  years afte the causeof action arose.  If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that protion of this provision found to be illegal or unenforceable and such Dispute shall e decided by a court  of competent jurisdiction within the courts listed for jurisdiction above, and the Parteis agree to submit to the personal jurisdiction of that court. 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Pareis individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for ay Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is not right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 

Exception to Informal Negotiations and Arbitration

The Parteies agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual lproperty rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.  If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the cours listed for jurisdiction above, and the Parteis agree to submit to the personal jurisdiction of the court.

22. CORRECTIONS

Thee may be information on the Services that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other inforation.  We reserve the right to correct any erors, inaccuracies , or omissions and to chane or update the information on the Services at any time, without prior notice. 

23. DISCLAIMER

THE SEVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SEVIES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISLAIM ALL WARRANTIES, EXPESS OR I MPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTIES OR RERESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICS' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVERM RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHIC MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILAVEL VIA THE SERVIES, WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBLITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD OPARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE LAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTO TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIORMENT, YOU SHOULD USE YO BEST JUDGEMENT AND EXERCISE CAUTION WHREE APPROPRIATE.

24. LIMITATIONS OF LIABILITY

IN NO EVENET WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS OR IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

25. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliaes, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonalble attorneys's fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms: 4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Nothwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to identify us, and you agree to cooperate, at your expense, with our defense of such claims.  We will use  reasonable efforts to notify you of any such claim, action, or proceeding with is subject to this indemnification upon becoming aware of it. 

26. USER DATA

We will maintain certain data that you transmit to the Services for the purposes of managing the performances of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.   You agree that we shall have no liability to you for any loss or corruption of any such data, and you herby waive any right of action against us arising from any such loss or corruption of such data. 

27. ELECTRONIC COMMUNITCATIONS, TRNSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communicatios we provide to you electronically, via email and/or the Services, satisfy any legal requirements that such communication be in writing. YOU HERBY AGREE TO THE USE OF ELETRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You herby waive any rights or requirements under any statutes, regulations, rules, ordianances, or other laws in any juridiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

28. CALFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

29. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understainding between you and us.  Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.  These  Legal Terms operaate to the fullest extent permissible by law.  We may assign any or all of our rights and obligations to others at any time.  We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our resonable control.  If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed serverable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.  There is no joint venture, partnership, employment or agency relaionship created between you and us as a result of these Legal Terms or use of the Services.  You agree that these Legal Terms will not be construed against us by virtua of having drafted them.  You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

30. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

admin@snacweb.com

United States

Updated 12/15/2023