SnapPost Terms of Use

These Terms of Use (collectively with SnapPost’s Privacy Policy www.snappost.com/privacy.html, the “Terms”) govern your use of the services, features and content offered by Seabright Apps, Inc. (“we”, “us”, “our” or “SNAPPOST”) available through our website located at www.snappost.com (the “Website”) and our mobile application entitled “SnapPost” (the “App”) (collectively, the “Services”).

  1. Acceptance of Terms.
    1. By browsing, registering for and/or using the Services in any manner, you agree to be bound by these Terms and all other operating rules, policies and procedures that may be published from time to time on the Website or App, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. If you do not agree to these Terms, please exit the Website now and do not download or use the App.
    2. Certain Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by reference.
    3. These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
  1. Eligibility. You represent and warrant that you are at least 13 years old. If you are under age 13, you may not use the Services.  Additionally, if you are under age 18, you may only use the Services under the supervision and authorization of a parent or legal guardian that is at least 18 years old, who will be considered responsible for your conduct and the consequences of any such conduct.  We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you.  The access rights to the Services are revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
  1. Registration.
    1. Accounts. To use certain features of the Services, you must register and create an account (“Account”). When you set up your account, you will be required to create a username and log-in credentials by providing certain types of personal information (“Login Credentials”). You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. For more information on the types of personal information we collect to create your Login Credentials, please review our Privacy Policy. You are responsible for maintaining the confidentiality of your Login Credentials, and are solely responsible for all activities that occur using your Login Credentials. You agree not to allow a third party to use your Login Credentials at any time and you may not use another person’s user account or registration information without permission. We reserve the right to terminate any username and password, which we reasonably determine may have been used by an unauthorized third party.  You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
    2. Third Party Accounts. The Services may permit you to link your Account with certain third party provider sites, services or resources (“Third Party Resources”) by, if applicable, either (i) providing your third party account login information to us; or (ii) allowing us to access your third party account, if permitted under the applicable terms and conditions that govern your use of such third party account. You represent that you are entitled to disclose your third party account login information to us and/or grant us access to your third party account 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 such third party service providers.  Please note that your use of the Third Party Resources is governed solely by your agreement(s) with such third party service provider sites.  You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of the Third Party Resources. The inclusion of any such link to Third Party Resources does not imply our endorsement or any association between us and the third party providers. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third Party Resource.
  1. Licenses.
    1. License. Subject to these Terms, SNAPPOST grants each user of the Services a personal, revocable, limited, non-exclusive, non-sublicensable and non-transferable license to use the Content (as defined below) as permitted by these Terms and the applicable usage rules set forth in the Apple, Inc. (“Apple”) App Store Terms and Conditions (the “Usage Rules”).
    2. Updates. All updates and upgrades to the App will be governed by the version of these Terms published by SNAPPOST as of the date you install such update or upgrade. You agree, however, that we are not obligated to provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App or the Service.
  1. Content
    1. Content. For purposes of these Terms, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of these Terms, “Content” also includes all User Content (defined below).
    2. User ContentUser Content” means any and all information and Content that a user adds, uploads, posts, submits to the Website, App or Services (e.g., photos of items you wish to sell). You are solely responsible for your User Content, whether publicly posted or privately transmitted, and any damage to or loss to you or any other party resulting therefrom. You assume all risks associated with use of any Content, including User Content, and any reliance on its accuracy, completeness or usefulness or any disclosure of User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content is accurate, complete, up-to-date and does not violate the Acceptable Use Policy (defined below) and any applicable laws, rules and regulations. SNAPPOST is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
    3. FeedbackIf you provide SNAPPOST any feedback or suggestions regarding the Website, App or Services (“Feedback”), you hereby assign to SNAPPOST all rights in the Feedback and agree that SNAPPOST shall have the right to use such Feedback and related information in any manner it deems appropriate. SNAPPOST will treat any Feedback you provide to SNAPPOST as non-confidential and non-proprietary. You agree that you will not submit to SNAPPOST any information or ideas that you consider to be confidential or proprietary.
    4. Ownership, Notice and Restrictions. As between you and SNAPPOST, the Website and App, including any descriptions of items you want to sell that are created by SNAPPOST, design, layout, logo, text, code, and graphics contained within the App (the “ SNAPPOST Content”) are, and shall remain, the sole property of SNAPPOST and is subject to protection under U.S. and foreign copyright laws. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.  You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
    5. User Content License.
      1. You hereby grant SNAPPOST an irrevocable, nonexclusive, sublicensable, transferable, perpetual, royalty-free, fully paid and worldwide license to use, modify, aggregate, reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise fully exploit your User Content, for the Website, App and Services and our (successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website, App or Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after termination of your Account or the Services.
      2. You also hereby do and shall grant each user of the Website, App and/or Services a non-exclusive, perpetual license to access your User Content through the Website, App and/or Services, and to use, modify, reproduce, distribute, publicly display and perform, prepare derivative works of and incorporate into other works such User Content, including after termination of your Account or the Services.
      3. For clarity, the foregoing license-grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
      4. You represent and warrant that you have all rights to grant the foregoing licenses to us and our users without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or proprietary rights.
    6. Availability of Content. We do not guarantee that any Content will be made available on or through the Website, App or Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Services.
    7. Attribution. All listings of items that you want to sell using the Service must contain attribution that the listing was submitted via SNAPPOST. The sample descriptions that we prepare for your items will contain attribution, and you agree not to delete any such attribution.
  1. Acceptable Use Policy. The following sets forth SNAPPOST’s “Acceptable Use Policy”:
    1. Content Restrictions. You shall not (and shall not permit any third party) to use the Website, App or Services to collect, upload, transmit, display, or distribute any Content on or through the Services, including without limitation any User Content, that:
      1. violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other person’s intellectual property or proprietary right;
      2. you know is false, misleading, untruthful or inaccurate (such as false delivery addresses);
      3. is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, deceptive, fraudulent, libelous, pornographic, contains or depicts nudity, contains or depicts sexual activity, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable as determined by us in our sole discretion;
      4. is harmful to minors in any way;
      5. includes anyone’s identification documents or sensitive financial information; or
      6. is in violation of any law, regulation, obligations or restrictions imposed by any third party.
    2. Rules of Conduct. In addition, you shall not (and shall not permit any third party) use the Website, App or Services to:
      1. upload, transmit or distribute any computer viruses, worms, files, or any software intended to disrupt, damage, limit, interfere or alter the proper function of any software, hardware, computer system or data;
      2. send unsolicited or unauthorized advertising, promotional materials, junk mail or spam;
      3. harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
      4. interfere with, disrupt, or create an undue burden (in our sole discretion) on servers or networks connected to the Website, App or Services or violate the regulations, policies or procedures of such networks;
      5. attempt to gain unauthorized access to the Website, App or Services, other computer systems or networks connected to or used together with the App or Services, through password mining or other means;
      6. impersonate any person or entity, including any of our employees or representatives;
      7. harass or interfere with another user’s use and enjoyment of the Website, App or Services; or
      8. introduce software or automated agents or scripts to the Website, App or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to scrape or mine data from the Website, App or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
      9. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Website, App or Services, except to the limited extent applicable laws specifically prohibit such restriction;
      10. modify, translate, or otherwise create derivative works of any part of the Website, App or Services; or
      11. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
    3. Prohibited Items. Upon installation of the App and successful registration for the Service, you can use the Service to list and sell your personal items subject to the following restrictions:
      1. You will not use the Service to sell any of the following items (“Prohibited Items”):
        1. Alcohol
        2. Animals and wildlife products – examples include live animals, mounted specimens and ivory
        3. Artifacts, grave-related items and Native American arts and crafts
        4. Catalytic converters and test pipes
        5. Cell phone (wireless) service contracts
        6. Charity and fundraising
        7. Contracts
        8. Cosmetics
        9. Counterfeit currency, stamps and goods
        10. Credit cards
        11. Currency, selling
        12. Drugs and drug paraphernalia
        13. Illegal electronics equipment – examples include cable TV de-scramblers, radar scanners and traffic signal control devices
        14. Illegal electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices
        15. Embargoed goods from prohibited countries – examples include items from North Korea
        16. Event tickets
        17. Firearms, weapons and knives – examples include pepper spray, replicas, and stun guns (see also military items)
        18. Food and healthcare items
        19. Gift cards
        20. Government documents, IDs and licenses
        21. Government, transit and shipping-related items – examples include airplane operations manuals, subway employee uniforms, and U.S. Postal Service (USPS) mailbags
        22. Hazardous, restricted or regulated materials – examples include fireworks and refrigerants
        23. Human remains and body parts
        24. Importation of goods into the US – examples include CDs intended only for distribution in a certain country
        25. Items encouraging illegal activity – examples include an eBook describing how to create methamphetamine
        26. Lockpicking devices
        27. Lottery tickets
        28. Mailing lists and personal information
        29. Manufacturers’ coupons
        30. Medical drugs, devices and healthcare – examples include prescription drugs, contact lenses, pacemakers and surgical instruments
        31. Military items (see also firearms, weapons and knives)
        32. Multi-level marketing, pyramid and matrix programs
        33. Offensive material – examples include ethnically or racially offensive material and Nazi memorabilia
        34. Pesticides
        35. Plant and seeds
        36. Police-related items
        37. Political memorabilia (reproduction)
        38. Postage meters
        39. Prescription drugs
        40. Prohibited services
        41. Real estate
        42. Recalled items
        43. Slot machines
        44. Stamps
        45. Stocks and other securities
        46. Stolen property and property with removed serial numbers
        47. Tobacco
        48. Travel
        49. Weeds (see plants and seeds)
        50. All other items we may determine objectionable in our sole discretion
    4. Video Listings. If you choose to list an item via a video, you must include a voiceover that accurately describes the item, including brand names, model numbers, and similar information that will aid us in creating a suggested listing and determining the value of your item.
    5. Pricing Guidance. While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not.
    6. EnforcementWe reserve the right (but have no obligation) to review any User Content, investigate, and/or take any appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of the Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Account in accordance with Section 16, refusing service or delivery and/or reporting you to law enforcement authorities.
  1. Payments and Billing.
    1. Fees. Certain Services may be subject to payments now or in the future (the “Paid Services”).  Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
    2. Postage and Handling. If you opt to have us send you a postage-paid mailing label and/or shipping box for an item you have sold, you agree that we may charge you the postage and handling costs.
    3. Payment. We use a third-party payment processor (“Payment Processor”) to bill you through a payment account linked to your Account (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of the Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”).  You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.  By providing SNAPPOST with your selected Payment Method, you agree that SNAPPOST is authorized to immediately invoice your Account for all fees and charges due and payable to SNAPPOST hereunder and no additional notice or consent is required.
    4. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
    5. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE.
    6. Taxes. SNAPPOST’s fees are net of any applicable sales tax, use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax in jurisdictions that otherwise do not impose a sales or use tax and may be passed onto customers (“Sales Tax”). If any Paid Services, or payments for any Paid Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to SNAPPOST, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify SNAPPOST for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority or other such evidence that you have paid all applicable taxes.
  1. Title and Transaction Restrictions. You acknowledge that at no time will SNAPPOST take title to the goods you offer for sale.  You are the owner of the goods you decide to offer for sale via the Services, and when someone buys your goods, they become the owner.  We do not take, assume or transfer legal ownership of any items listed. You, the seller, acknowledge that you hold title to the item, and that we are not a consignee, bailee, agent, or auctioneer but merely an interactive service provider.
  1. No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE, APP AND SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, APP, SERVICE AND ANY CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SNAPPOST HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, APP, SERVICE AND ANY CONTENT, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SNAPPOST AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT (A) THE WEBSITE, APP, SERVICE AND ANY CONTENT, WILL MEET YOUR REQUIREMENTS, (B) THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE APP WILL BE CORRECTED, (C) ANY CONTENT AVAILABLE THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THAT THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SNAPPOST OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
  1. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SNAPPOST, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, COMPENSATORY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, APP, THE SERVICE, AND ANY SNAPPOST CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY) AND EVEN IF SNAPPOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SNAPPOST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  1. Arbitration; Applicable Law.
    1. Except for a claim by SNAPPOST against you, any and all disputes between you and SNAPPOST arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Website, App and/or Services.
    2. YOU AGREE THAT YOU AND SNAPPOST ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND SNAPPOST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
    3. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“ ”), as modified by this Section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and SNAPPOST must abide by the following rules: (i) the arbitration shall be conducted solely based on written submissions; and (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in San Francisco, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or Federal courts located in California. Claims of infringement or misappropriation of SNAPPOST’s patent, copyright, trademark or trade secret shall be exclusively brought in the state and Federal courts located in San Francisco, California.
    4. These Terms shall be governed and construed in accordance with the laws of the State of California, excluding its conflicts of law rules that would result in the laws of a State other than California, govern this license and your use of the App.
  1. Apple App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you are using an App from the Apple App Store.
    1. Acknowledgement. SNAPPOST and you acknowledge that these Terms are concluded between SNAPPOST and you only, and not with Apple, and SNAPPOST, not Apple, is solely responsible for the App and the content thereof. To the extent these Terms provide for usage rules for the App that are less restrictive than the Usage Rules set forth for the App in, or otherwise is in conflict with, the Apple App Store Terms of Service, either the more restrictive term or the Apple term applies, as applicable to the conflicting terms, but solely with respect to the App.
    2. Scope of License. The license granted to you for the App is limited to a non-transferable license to use the App on either an iOS device that you own or control and as permitted by the Usage Rules.
    3. Maintenance and Support. SNAPPOST is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms (if any), or as required under applicable law. SNAPPOST and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
    4. Warranty. SNAPPOST is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify the Apple, and Apple may refund the purchase price for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SNAPPOST’s sole responsibility.
    5. Product Claims. SNAPPOST and you acknowledge that SNAPPOST, not Apple, is  responsible for addressing your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Terms do not limit SNAPPOST’s liability to you beyond what is permitted by applicable law.
    6. Intellectual Property Rights. SNAPPOST and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, SNAPPOST, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
    7. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    8. Developer Name and Address. SNAPPOST’s contact information for any end-user questions, complaints or claims with respect to the App is set forth in Section 12 below.
    9. Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using App.
    10. Third Party Beneficiary. SNAPPOST and you acknowledge and agree that the Apple, and Apple’s subsidiaries, are a third party beneficiary of the Terms and will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
  1. SNAPPOST Name and Address. SNAPPOST’s contact information for any end-user questions, complaints or claims with respect to the App is help@snappost.com.
  1. Indemnification. You agree to indemnify, defend, release and hold harmless SNAPPOST, its affiliates and each of its and their respective partners, licensors, contractors, officers, directors, employees and agents from all liabilities, claims, damages, losses and expenses, including reasonable attorneys’ fees, arising directly or indirectly from your (a) negligent acts, omissions or willful misconduct, (b) breach of these Terms, (c) violation of any law or of any rights of any third party, including any infringement of any intellectual property, and/or (d) items listed or sold through the Services.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
  1. Equitable Remedies. You hereby agree that if these Terms are not specifically enforced, SNAPPOST will be irreparably damaged, and therefore you agree that SNAPPOST shall be entitled, without bond, other security, proof of damages, to seek appropriate equitable remedies with respect to any of these Terms, in addition to any other available remedies.
  1. Digital Millennium Copyright Act (“DMCA”). SNAPPOST is committed to respecting and protecting the legal rights of copyright owners. As such, SNAPPOST adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe copyright infringement is taking place on or through the Services, please submit a notification (hereafter a “DMCA Takedown Notice”) to the address of SNAPPOST’s designated agent, (“Copyright Agent”), as set forth below, and include the following:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of works or material being infringed;
    3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that you seek to have removed, with sufficient detail so that we can find and verify its existence;
    4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
    5. Your contact information, including address, telephone number and, if available, e-mail address;
    6. A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
    7. A statement that, under penalty of perjury that the information provided in the notification is accurate and you are authorized to make the complaint on behalf of the copyright owner.

Please contact SNAPPOST’s Copyright Agent to receive DMCA Takedown Notices at copyright@snappost.com or at SnapPost Copyright-Agent, 499 Lake Ave, Santa Cruz, CA 95062.  Telephone Number: +1 831 498-9448 For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted through the Services.

  1. Termination. These Terms are effective until terminated by you or SNAPPOST. Your rights and any Accounts under these Terms will terminate automatically without notice from SNAPPOST if you fail to comply with the Terms. Upon termination of these Terms, you shall cease all use of the Website and App, and destroy all copies, full or partial, of the App.SNAPPOST is not responsible or liable for any records or information that are made unavailable to you as a result of your Account termination.  You agree that SNAPPOST will not be liable to you or any other party for any termination of your access to the Services.  All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations on liability.
  1. Miscellaneous.
    1. No Waiver. SNAPPOST’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.  In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
    2. Entire Agreement and Severability. These Terms are the entire agreement between you and us with respect to the Services, including use of the Website and the App, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
    3. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
    4. Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
    5. Notices. Unless otherwise specified in these Terms, all notices will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal@snappost.com.
    6. Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.

Effective Date: June 1, 2015