Effective date: January 11, 2020
The following terms and conditions (the “Agreement”) govern the use of the Snapwire Breaking News websites and all content and services available at or through the websites (collectively, the “Service”). The Service is offered subject to your acceptance without modification of the Agreement. By accessing or using any part of the Service, you agree to become bound by the Agreement. If you do not agree to all the terms and conditions of this Agreement, please do not use the Service.
This Agreement is between Snapwire Breaking News and you, or any juridical entity that you represent (“you”). If you enter into this Agreement on behalf of another juridical entity, you represent and warrant that you have authority to bind such entity to this Agreement.
You retain the rights to content you submit to the Service. You grant Snapwire Breaking News and its service providers the right to temporarily store and modify your content insofar as necessary to provide the Service to you. Submitted content will be stored for a maximum of 48 hours.
Snapwire Breaking News Services are offered for your personal use only and may not be used for commercial purposes. Snapwire Breaking News Services contain information, text, files, images, videos, sounds, musical works, works of authorship, product names, company names, trade names, logos, designs, and any other materials or content "Content" provided by users or other third parties.
Content contained in Snapwire Breaking News Services is protected by copyright, trademark, patent, trade secret and other laws between you and Snapwire Breaking News. Snapwire Breaking News hereby grants you a limited, revocable, non-sub licensable license to access and display or perform Snapwire Breaking News Content (excluding any software code) solely for your personal, non-commercial use in connection with using Snapwire Breaking News Services. Except as provided in this Agreement or as explicitly allowed on the Company Services, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in Snapwire Breaking News Services.
Except as explicitly and expressly permitted by Snapwire Breaking News or by the limited license set forth above. You may not either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in Snapwire Breaking News Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in Snapwire Breaking News Services, including geo-filtering mechanisms.
You may not, without Snapwire Breaking News consent, "mirror" any Content contained on the Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by the Agreement. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Snapwire Breaking News reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
You acknowledge and agree that Snapwire Breaking News imposes a limit on the size and the number of requests you may send to the Service. Snapwire may change such limits at any time, at Snapwire’s sole discretion.
Payment and renewal
By purchasing a paid subscription, you agree to pay Snapwire Breaking News the applicable fees for your usage of the Service. You will be billed monthly for the fees calculated over the previous calendar month. You authorize Snapwire to collect the fees using any payment method we have on record for you. We may increase or add new fees after giving you advance notice.
Listed prices are in U.S. dollars (USD) and include any sales tax (VAT) where applicable. The charged prices are equal to the listed prices regardless of the amount of sales tax to be paid. Payments are not refundable.
Snapwire Breaking News respects the intellectual property rights of others. Snapwire Breaking News asks you to respect the intellectual property rights of Snapwire Breaking News. All rights, title and interest in and to such property will remain solely with Snapwire Breaking News.
Others Users’ Content
Snapwire Breaking News does not control the User Content posted by users via Snapwire Breaking News Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Snapwire Breaking News assumes no responsibility or liability for this type of Content. If you become aware of any misuse of the Snapwire Breaking News Services, including in violation of any "Restrictions on Use of Snapwire Breaking News Services," please report it immediately. Snapwire Breaking News assumes no responsibility for monitoring inappropriate User Content or user conduct.
You take full responsibility for using this Site. As a condition of using features of the Site, you may be required to register on the Site and/or select a username and password. All registration information you submit to create an account must be accurate and kept up to date. Your failure to do so will constitute a breach of the Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; or (ii) use as a username a name subject to any rights of another person without appropriate authorization. Snapwire Breaking News reserves the right to refuse registration of, or cancel, a username, in its sole discretion. If we cancel your registration, you agree that you will not create another one or otherwise try to access Snapwire Breaking News Services without our permission. You agree not to sell, transfer or assign your registration or any registration rights. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information.
You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another member or subscriber at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify Snapwire Breaking News immediately if you suspect any unauthorized use of, or access to, your account or password.
You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on Snapwire Breaking News Sites or on, through or in connection with Snapwire Breaking News Services. Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content.
You will not use Snapwire Breaking News Services to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
- Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- Harass or harm another person;
- Exploit or endanger a minor;
- Impersonate or attempt to impersonate any person or entity;
- Introduce or engage in an activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Company Sites or the Company Services;
- Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Company Services, including Company's servers, networks or accounts;
- Cover, remove, disable, block or obscure advertisements or other portions of Snapwire Breaking News Services;
- Delete or revise any information provided by or pertaining to any other user of Snapwire Breaking News Services;
- Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Company Services, or to circumvent or modify any security technology or software that is part of the Company Services;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Company Services. If you do so, you acknowledge you will have caused substantial harm to Company, but that the amount of harm would be extremely difficult to measure.
You represent and warrant that:
your use of the Service will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
content you submit does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
you will not use the Service in any manner that may disable, damage or overburden it;
your use of the Service will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area).
Snapwire in its sole discretion has the right (though not the obligation) to refuse or remove content, terminate any subscription, and deny or limit access to use of the Service to any individual or entity if the terms of this Agreement are violated.
You further agree that you will not:
- Solicit, collect or request any personal information for commercial or unlawful purposes;
- Post, upload or otherwise transmit an image or video of another person without that person's consent;
- Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of Snapwire Breaking News Content; or building a business using Snapwire Breaking News Content) without Company's prior written consent;
- Using technology or other means to access, index, frame, or link to Snapwire Breaking News Sites (including the Content) that is not authorized by The Company Sites (including by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Snapwire Breaking News Content);
- Accessing The Company Sites (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of The Snapwire Breaking News Sites and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;
- Use the Snapwire Breaking News Services to advertise or promote competing services;
- Use the Company Services in a manner inconsistent with any and all Applicable Law;
- Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
Snapwire Breaking News reserves the right, but disclaims any obligation Snapwire Breaking News action or responsibility, to remove User Content that violates this Agreement, as determined by Company, or for any other reason, in Company's sole discretion and without notice to you. You acknowledge Snapwire Breaking News reserves the right to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
Snapwire Breaking News reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Snapwire Breaking News assumes no responsibility for any loss of your User Content due to its being removed by Company or for any other reason.
Access and you Privacy
The Site is intended solely for your personal and non-commercial use. Snapwire Breaking News may change, suspend or discontinue the Site (or any feature thereof) at any time. Snapwire Breaking News may also impose limits on certain features and services offered on the Site or restrict your access to parts or all of the Site without notice or liability. You acknowledge that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Snapwire Breaking News may undertake from time to time; or (iii) causes beyond the control of Snapwire Breaking News or which are not reasonably foreseeable by Snapwire Breaking News.
Snapwire may log each request to the Service. A log entry can contain information such as your browser type, your IP address, the date and time of day, and the size, fingerprint or other characteristics of transferred files. The purpose in collecting this information is to understand how the Service is used and to limit the number of requests from a single IP address. Submitted content will not be shared with third parties other than Snapwire’s service providers, unless required to comply with the law or requests of governmental entities.
Snapwire Breaking News uses service providers based in the USA. Personally identifiable information regarding your payments may be transferred, processed and stored outside of Europe.
Disclaimer of warranties
The Service is provided “as is”. Snapwire and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Snapwire nor its suppliers and licensors, make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services, through the Service at your own discretion and risk.
Limitation of liability
In no event will Snapwire, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Snapwire under this Agreement during the twelve (12) month period prior to the cause of action. Snapwire shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the Snapwire Breaking News Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission of User Content by you on, through or in connection with the Snapwire Breaking News Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Company Services or Third Party Services.
you agree to indemnify and hold harmless Snapwire, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the service, including but not limited to your violation of this agreement.
Disclaimer and Warranties
Snapwire breaking news services are provided "as-is" and "as available" and Snapwire breaking news does not guarantee or promise any specific results from use of or continuous availability of Snapwire breaking news services. to the fullest extent permitted by applicable law, Snapwire breaking news expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied for a course of performance or course of dealing. without limiting the generality of the foregoing,
Snapwire breaking news makes no warranty that your use of Snapwire breaking news services will be uninterrupted, timely, secure or error-free, that defects to Snapwire breaking news services will be corrected, that Snapwire breaking news services or the servers on which they are available will be free of viruses or other harmful components, or that any information obtained by you on, through or in connection with Snapwire breaking news services or third party services (including, but not limited to, through user content or third party advertisements) will be accurate, reliable, timely or complete.
under no circumstances will Snapwire breaking news be responsible for any loss or damage (including but not limited to loss of data, property damage, personal injury or death) resulting from use of Snapwire breaking news services, problems or technical malfunction in connection with use of Snapwire breaking news services, attendance at a company event, any material downloaded or otherwise obtained in connection with Snapwire breaking news services, any user content, any third party advertisement or third party service transmitted on, through or in connection with Snapwire breaking news services, or the conduct of any users of Snapwire breaking news services, whether online or offline. your use of user content, third party advertisements, third party services and the goods or services provided by any third parties is solely your responsibility and at your own risk.
you acknowledge and agree that your use of Snapwire breaking news services, and any information transmitted or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. you assume responsibility for the entire cost of any maintenance, repair or correction to your computer system or other property or recovery or reconstruction of lost data necessitated by your use of Snapwire breaking news services.
Snapwire breaking news makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on Snapwire breaking news services and/or the content. reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation Snapwire breaking news or its affiliates. views and opinions of users of Snapwire breaking news services do not necessarily state or reflect those of company.
Snapwire reserves the right to modify or replace any part of this Agreement at any time. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement may only be modified by a written amendment signed by an authorized executive of Snapwire, or by the posting by Snapwire of a revised version.
Applicable law and jurisdiction
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the United States of America, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in State of New York. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
This Agreement constitutes the entire agreement between Snapwire.com and you concerning the subject matter hereof.