Snappers Terms of Service

 

1. Acceptance of Terms of Service

These Terms of Service (“Terms Of Service”) apply to the Snappers platform, including the mobile app, the web app and any other software provided by Us, whether in standalone form or as a feature of another mobile application (collectively, the “Mobile App”), as well as any related website or other service (the “Site”, and together with the Mobile App, “Snappers”), which we now provide or choose to make available to you (“You”) and other users of Snappers (collectively “Users”). If You do not agree with any of these Terms of Service, including our Privacy Policy incorporated herein, please do not use Snappers. By using Snappers, You are deemed to have irrevocably agreed to these Terms of Service. 

 

Snappers.tv Ltd (“Us” or “We”) may modify, revise and reissue these Terms of Service prospectively from time to time at Our sole discretion. You should check the homepage of the Site or the Terms of Service on the Mobile App on a regular basis. You agree that Your continued use or accessing of Snappers following the posting of any changes to the Terms of Service constitutes notice of any such updates and Your irrevocable acceptance of such changes.

 

2. Permitted Uses; License

By using the Snappers Mobile app, You may:

 

  1. create an event project and request video content from other Users for that event (in this scenario, You are a “Project Owner” and the other Users that film video content for the specific event are each referred to as a “Reporter”). The Project Owner may also be one of the Reporters at the event.

  2. Otherwise You can act as a Reporter by responding to a request initiated by another user acting as a Project Owner that created an event and video requests using the Snapper Mobile app or the Snappers Web platform interface. You will provide video content related to the specific event that is occurring near Your location. In this scenario, the “Project Owner” is an individual or a company, and in most cases, a media outlet.

 

If You are a Project Owner or Reporter, You are hereby granted by Us with a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to access and use the Mobile App for the specific purpose of initiating an event (in the case of a Project Owner) and/or providing video content of such  event (in the case of a Reporter).

 

Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to You by Us with respect to the Mobile App including any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not. You will not, and will not permit or authorize third parties to: (a) take any action intended to circumvent or disable the operation of any security feature or measure of the Mobile App; (b) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Mobile App, or any portion thereof, to any third party; (c) decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the Mobile App or any part thereof; (d) modify, reproduce, or create derivative works from the Mobile App or any part thereof; (e) access the Mobile App via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); (f) attempt to circumvent any payment option provided by  the Mobile App in a manner that would impact Our right to receive compensation thereunder, including by contacting another User for payment outside the framework of the Mobile App; or (g) use the Mobile App in any manner that is illegal or not authorized by these Terms and Conditions.

 

Any content that is filmed by You through the Mobile App (including any audio streams, hereinafter “Video Content”) will be governed by these Terms of Service and the Privacy Policy.

 

3. Video Content

By filming and streaming Video Content through the Mobile App, You hereby assign to the Project Owner all worldwide right, title and interest to and in the Video Content, its broadcast stream, audio stream and all other incoming feeds (including without limitation, any copyright, rights of attribution, paternity, integrity, modification, disclosure, withdrawal and any other rights or moral rights related thereto), such that sole ownership of the Video Content shall solely rest with the Project Owner, and no rights therein shall remain with You. This means that the Project Owner holds all of the rights to the Video Content created by You and You have surrendered all of Your rights in the Video Content.

 

Notwithstanding, We retain the right (and are granted a perpetual, irrevocable license) to publish all Video Content (both the incoming video and audio streams as well as the final broadcast stream) on Our Website, and on Our Facebook, Twitter, Instagram and other social media and marketing pages, as well as on any other proprietary Snappers web medium, for marketing and demonstration purposes only.

 

You acknowledge and agree that the Project Owner will be entitled to utilize and exploit the Video Content for any commercial or non-commercial purpose, including the broadcast, transmission, publication, editing, creation of derivative works, distribution, licensing, sub-licensing, rental, sale and resale thereof. Other than with respect to any compensation specifically and explicitly agreed with the Project Owner, You shall have no entitlement, claim or demand with respect to any benefit, consideration or other compensation received by the Project Owner resulting from such utilization and exploitation, including with respect to any license fees received or any revenue resulting from any advertising, publicity or other promotional activities related thereto.

 

The Project Owner may offer ownership of the project including all the Video Content related to this project to another User in exchange for assuming responsibility for all the payments related to the project. The Mobile App may also contact Users regarding events initiated by other users acting as Project Owners and offer them to provide Video Content related to this specific event to such Project Owners. Such features will be subject to any additional terms and conditions appearing on the Mobile App.

 

You represent and warrant that, with respect to any Video Content that You film through Snappers: (i) it is original content filmed by You, and that You are the sole owner of and/or hold all rights in and to the Video Content; (ii) there are no restrictions, limitations which prevent or restrict You from assigning ownership of the Video Content herein; and (iii) the Video Content will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content that is pornographic, obscene, defamatory, misleading, fraudulent or obscene; (c) infringe upon or violate any right of any third party; or (d) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction, including with respect to rights to privacy or intellectual property rights.

We will request that the relevant Project Owner that utilizes the Video Content provide You with visible credit on the broadcast images as the person who submitted the Video Content, however We cannot require them to do so, and You will have no claims or demands against Us should such attribution not be granted to You by the relevant Project Owner.

 

Nothing in these Terms of Service constitutes or may be construed as permission to assert or imply that You are sponsored or endorsed by, or are an employee, agent, partner or in any manner connected with, any Project Owner or Us.

 

4. Payment

A Project Owner may offer payment to Reporters in return for the filming of Video Content by providing the necessary assignment conditions and payment details on the Website or Mobile App. Reporters may accept such assignment through the Mobile App. Any payment must be received by Us in advance, and We will handle the payment to the Reporter. Project Owners and Reporters undertake not to attempt to circumvent such arrangement by transferring any payment directly between them.

 

The Project Owner will be requested to approve a budget to be used for the payments to the Reporters even before they start inviting the Reporters. After event coverage is completed, payment is automatically transferred to Reporters. Should any dispute arise between the Project Owner and the Reporter regarding payment, We shall be the final arbitrator and decide whether payment (in whole or in part) should be transferred to the Reporter. The aforementioned shall be deemed a binding arbitration agreement under applicable law.

 

In order to be able to offer payments the Project Owner is required to provide access to his or her Paypal account into the system when registering. The Project Owner can specify a maximum budget (including the Snappers service charge) for the project and the system will attempt to ensure that the budget is not exceeded.

 

In order to be able to receive payments, the Reporter is required to provide access to his or her PayPal account when registering and use a Paypal related email address in their Snappers profile.

 

As commission, We retain a maximum of 20% fee on the total amount paid to all Reporters for an event.

 

5. You Agree to Our Location Tracking

Snappers contains geolocation tracking features that We use for a variety of purposes. By downloading and using Snappers, and in order to ensure that You are only notified of relevant events in Your surroundings, You agree that We may collect information about Your current location and the locations where You have used Snappers to film Video Content, at delayed intervals. Geolocation information is collected at the minimum intervals needed for proper performance of Snappers, and may be also collected even when the Mobile App is closed.

 

The Snappers platform uses the event's location, specified by the Project Owner, to generate a list of people nearby that can potentially act as Reporters. The Project Owner can then select as many of these people as he or she wants and send them an invitation to cover the event.

We will use Your geolocation information in the following ways:

  • Based on Your current or previous geolocation, We may contact You to ask if You wish to film an event in Your current locale.

  • When You film Video Content on Snappers, We will track and record Your current location, store that information, and transmit it with Your Video Content.

 

Your geolocation information will not be used for any other purpose.

 

 

6. You Agree to Our Privacy Policy

Your privacy is important to Us. To better protect Your privacy, We provide a notice explaining our online information practices and the choices You can make about the way Your information is collected and used on Snappers. Click here to show this notice, which forms part of these Terms of Service. 
 

7. Access to the Site and Availability of Snappers Services

Snappers is intended for use by individuals who are over the age of 18. By using Snappers You warrant that You have legal capacity to enter into the agreement set out in these Terms of Service. We may change, suspend or discontinue any aspect of Snappers at any time (and any elements and features of Snappers), in whole or in part, for any reason, in Our sole discretion.

 

8. Public Nature of Snappers

All Video Content on Snappers is made available for viewing on a variety of media and may be made available by Us or other Project Owners to the public. You acknowledge that You have no expectation of privacy with regard to the Video Content.

 

9. Your Conduct, Responsibility and Acceptable Use

The following rules are a condition of Your use of Snappers.

  • Obey the Law When Filming – You must obey all laws when filming Video Content and You are responsible for determining whether Your use of Snappers is in compliance with applicable law. You are responsible for determining whether it is appropriate or lawful to film in any situation using Snappers. Please respect people’s privacy when using Snappers.

  • Content You Post Must be Yours –  You may not upload, post, transmit or otherwise distribute or facilitate the distribution of Video Content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.

  • Your Safety Is of Utmost Importance –  You may be asked if You wish to film developing activities and events which may involve terrorism, fire, natural disasters or other dangers and as a result, You may be exposed to a variety of hazards and risks, foreseen or unforeseen, which may or may not be inherent in those activities and events. These inherent risks include, but are not limited to, the dangers of serious personal injury, property damage, and death.  IN ANY EVENT YOU SHOULD NOT ENDANGER YOURSELF IN ANY MANNER, YOU SHOULD ALWAYS FILM FROM A SAFE DISTANCE AND SHOULD LEAVE THE AREA IF THERE IS ANY RISK OF INJURY TO YOU. 

  • Prohibition of Damaging Snappers or Our Servers – You agree not to use or launch any automated systems that access Snappers and prevent or interfere with the use or access of Snappers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of Snappers or to obtain unauthorized access to Snappers or any data or other information submitted by another User or any third party.

  • Prohibition of Criminal or Unlawful Conduct – You may not use Snappers, Video Content or any information contained therein for any unlawful purpose, and You may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any Snappers services in connection with any website or other use that contains or is associated with information or content prohibited by this section.

 

PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN SAFETY, AND WAIVE AND RELEASE US AND THE PROJECT OWNERS FROM ANY CLAIMS RELATING TO INJURY OR DAMAGE SUFFERED BY YOU AS A RESULT OF BEING IN THE PROXIMITY OF A HARMFUL EVENT WHILE USING SNAPPERS.

 

 

10. Registration

If You establish an account with Us, You agree to provide true, accurate, complete and current data in connection with that account. If We believe the details are not correct, current, or complete, We have the right to refuse You access to Snappers, refuse payment to You without warning and to terminate or suspend Your account. Any usernames and passwords used for Snappers are for individual use only. You are solely responsible for the activity that occurs on Your account and for maintaining the security and confidentiality of the password You use to access Your account. You agree to immediately notify Us of any unauthorized use of Your password or account or any other breach of security. If You wish to deactivate Your account, please contact Us at support@Snappers.tv. Please be advised that any deactivation will in no way impact any Video Content already submitted by You, including with respect the assignment of the ownership thereof to the Project Owner.

 

11. Connectivity; Automatic Updates

You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile service, and other services needed for Your access to and use of Snappers and You will be responsible for all charges related to them. By installing Snappers, You acknowledge that You may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop Snappers and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Snappers to deliver these to You) as part of Your use of Snappers. You acknowledge that Snappers might not function properly without such updates.

 

12. Disclaimer of Warranties

While We use reasonable efforts to include up to date information on Snappers, We make no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. Snappers is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, We and Our directors, officers, affiliates, agents, licensors, partners and employees disclaim any and all warranties and conditions, statutory or otherwise, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, We do not warrant that Snappers, or Your access to or use of Snappers will (1) be uninterrupted; (2) be free from inaccuracies, errors, viruses or other harmful components; (3) meet Your requirements; or (4) operate in the configuration or with the hardware or software You use.

 

13. Exclusion of Damages

WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OR INABILITY TO USE SNAPPERS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORDS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

 

14. Limitation of Liability, Applicability of Disclaimers, Exclusions & Limits

IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH SNAPPERS OR THESE TERMS OF SERVICE EXCEED TEN US DOLLARS ($10.00). BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.

 

15. Indemnification

You agree to defend, indemnify and hold harmless Snappers and the Project Owners from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these Terms of Service, including any of the foregoing provisions, representations or warranties, and/or from Your transmission of any Video Content or other content onto Our servers, and/or from any and all use of Your Snappers account; (b) any material posted or otherwise provided by You (including without limitation Video Content), or any other user of Your account that infringes any intellectual property right of any person or entity or defames any person or violates their rights of publicity or privacy; and (c) any misrepresentation made by You in connection with Your use of Snappers.

 

16. Reservation of Rights

We reserve the right to take any steps available to Us, including the right to modify or discontinue or suspend, temporarily or permanently, or terminate Your access to Snappers or all or any part of Snappers and/or any software, facilities and services on Snappers, or withhold any payment due to You, or seek other legal or equitable remedies, with or without notice, and/or to establish general guidelines and limitations on their use, if We become aware of any violation of these Terms of Service.

 

17. Termination

We may, in Our sole discretion, terminate Your account (or any part thereof) or use of Snappers, or remove and discard any Video Content or information stored, sent, or received via Snappers without prior notice and for any reason or no reason, including, but not limited to: (i) permitting another person or entity to use Your identification to access Snappers, (ii) any unauthorized access or use of Snappers, (iii) any violation of these Terms of Service, or (iv) tampering with or alteration of any of the software, data files contained in or accessed through, Snappers. You may terminate Your account for any reason or no reason. Termination, suspension, or cancellation of these Terms of Service or Your access rights to Snappers shall not affect any right or relief to which We may be entitled, at law or in equity.

 

18. Intellectual Property

Snappers and the Snappers technology are owned by Us. Certain of the logos, images and other content on Snappers are also protected as registered or unregistered trademarks, trade names and/or service marks, they and other intellectual property are owned or licensed by Us.

 

19. General

Applicable Governing Law and Dispute Resolution – These Terms of Service and their performance shall be governed by and construed and enforced in accordance with the laws of the State of Israel, without regard to principles of conflicts of law or any provisions that would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction to the authorized courts of Tel Aviv – Jaffa district.

 

No Waiver – No failure or delay by Us in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms Of Service.

 

Severability – Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.

 

Entire Agreement – These Terms of Service represent the entire understanding of the parties regarding its subject matter hereof, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.

 

Assignment – These Terms of Service are binding upon and shall ensure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign Your rights or obligations hereunder without Our prior written consent.

 

20. Terms Applicable for Apple iOS

If You are accessing or using Snappers through an Apple device, the following terms are applicable to You and are incorporated into these Terms of Service by this reference: You acknowledge that these Terms of Service are entered into between You and Us and, that Apple, Inc. (“Apple”) is not a party to these Terms of Service other than as third-party beneficiary as contemplated below. The license granted to You above is subject to the permitted usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/Us/terms.html). 

You acknowledge that We, and not Apple, is responsible for providing Snappers. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to You with respect to Snappers.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Snappers.  Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, You acknowledge that, solely as between Apple and Us, We and not Apple are responsible for addressing any claims You may have relating to Snappers, or Your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that Snappers fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. As set forth under these Terms of Service, Our liability to You for use of Snappers is greatly limited. Further, You agree that if Snappers, or Your possession and use of Snappers, infringes on a third party’s intellectual property rights, You will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon Your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against You as a third-party beneficiary thereof. When using Snappers, You agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with Snappers.

 

UPDATED: MARCH 2018