Version 1.04 – Last Updated: 4/18/2018
Snow may change these Terms, in its sole discretion, at any time by updating this page. It is your responsibility to check these Terms for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Snow grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Snow makes no representation that Site is appropriate in every country, and access to the Site from countries where the Site is illegal is prohibited. Those who choose to access the Site are responsible for compliance with local laws.
PROPRIETARY RIGHTS AND LICENSE TO USE
All materials on the Site, including, without limitation, names, logos, trademarks, graphics, photographs, illustrations, and software and other elements making up the Site (collectively, “Content”) are protected by copyrights, trademarks or other intellectual property rights owned and controlled by Snow or by other parties that have otherwise provided their material to Snow. The viewing, printing or downloading of any Content grants you only a limited, nonexclusive, revocable license solely for your personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You shall not reproduce any Content in any form or incorporate it into any other item other than for your personal noncommercial use. You may not delete, distort, or otherwise modify the Content. The copying, redistribution, use or publication by you of any Content or any part of the Site, except as specifically stated in these Terms, is strictly prohibited. You do not acquire ownership rights to any Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or utilize the Sites or any part of the Content for any purpose other than its intended one is strictly prohibited. You may not use or export or re-export any Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The Site may include links to third-party sites, which are not under Snow's control or responsibility. You access them at your own risk.
Certain portions of the Site may require you to create an account. You agree that all information you submit at account registration is accurate and that you will keep it current. If Snow has reasonable grounds to suspect that the registration data is untrue, inaccurate or incomplete, Snow has the right to suspend or terminate your account. It is your responsibility to maintain the confidentiality of your account information, and you are responsible for all use of the Site accessed through your account. You acknowledge and agree that Snow may send you important information and notices regarding your account and the Site by email, text messaging or other means based on the information you provide to us.
USERS AND MATERIALS
Certain portions of the Site may allow you to interact with other Site visitors or users (“Users”), or submit ideas, expression of ideas, or other information, content or materials (“User Materials”).
RULES OF CONDUCT
You understand and agree that:
- Your use of the Site, including any User Materials you submit, will comply with all applicable laws (including but not limited to laws governing competition, trade, false advertising and export control) and these Terms.
- You will not impersonate any other person or submit content on behalf of any other person or entity.
- You will not submit User Materials in exchange for payment or consideration received from any third party.
- You will not collect information about other Users without their consent.
- You will not use any robot, spider, deep-link, page-scrape, or other automatic device or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
- You will treat other Users with respect.
- You will not submit any User Materials that:
- Infringes on the intellectual property rights or other rights of any person or entity;
- Intentionally interferes with the Site’s operation;
- Violates any person’s privacy or publicity rights or breaches any duty of confidentiality that you owe to anyone or provides any non-public information about Snow or any other company or person without authorization (including the names and contact information for Snow employees and Users);
- Is harassing, defamatory, abusive, pornographic, obscene or otherwise objectionable;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, unsubstantiated or comparative claims regarding our or others’ products, third party advertising, spam, chain letters, or any other solicitation, including solicitation of lawsuits.
You grant to Snow and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any User Materials without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the User Materials, and all rights therein, in the name of Snow or its designees throughout the universe in perpetuity in any and all media now or hereafter known.
Any such works shall be deemed User Materials owned by Snow and shall not be subject to your approval or payment by Snow of any compensation to you. Snow shall have the right, but not the obligation, to use your name, photograph, likeness, voice, performance, biography and other information about you in connection with the User Materials you submit.
You also agree that Snow is free to use any of the User Materials or any comments, information or ideas contained in any content or communication you submit to Snow or the Site, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to advertising and marketing, modifying the Site and developing products and services.
You agree that the User Materials you submit fully comply with these Terms, including that your User Materials are original and accurate, and do not violate the rights of any third party or applicable law or ordinance.
Snow shall have the exclusive option to purchase from you and acquire all right, title and interest, including, without limitation, any copyrights and other intellectual property law in and to the User Materials you submit. The option shall be exercisable by Snow from the date you submit the User Materials until 1 year from that date. If Snow exercises the option, you agree to accept payment in the amount of $1000 USD and to execute, acknowledge and deliver such other instruments consistent with an assignment of the intellectual property as may be reasonably necessary to carry out or effectuate the purposes or intent of the assignment of the User Materials.
Snow generally does not pre-screen User Materials before they are posted by a User. However, Snow reserves the right, but undertakes no duty, to review and/or approve all User Materials submitted, and to block, edit or remove any User Materials that Snow determines to be in violation of these Terms or otherwise, in Snow’s sole discretion.
You agree that Snow may, in its sole discretion, terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. Snow also reserves the right to modify, suspend, or discontinue any part of the Site at any time for any reason.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied on the Site in any way without your permission, please provide the following information to email@example.com. Your notice must contain the following: (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- Your electronic or physical signature;
- A description of the work you claim has been infringed;
- Identification of the work you claim infringes the copyrighted work and a description of where it is located on the Site;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the infringing use is not authorized by the copyright owner, the copyright owner's agent or by law; and
- A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PARTNER PORTAL CONFIDENTIALITY
If you access the Snow Partner Portal Site, the terms of this Section “Partner Portal” apply. The Snow Partner Portal contains information that is confidential and proprietary (“Partner Portal Information”). By accessing the Snow Partner Portal Site, you agree to keep all Partner Portal Information confidential in accordance with the confidentiality obligations between Snow and your employer. In the event that you are not bound by existing confidentiality obligations with Snow, you agree you will: (i) hold in confidence and not disclose to any third party any Partner Portal Information; (ii) protect Partner Portal Information with at least the same degree of care that you uses to protect your own confidential information, but in no case, less than reasonable care; (iii) use Partner Portal Information for no purpose other than Snow’s intended use; and (iv) immediately notify Snow upon discovery of any loss or unauthorized disclosure of Partner Portal Information.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" FOR YOUR USE. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SNOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SNOW MAKES NO WARRANTY THAT USE OF THE SITE OR ANY CONTENT OR SERVICES ON OR FROM THE SITE (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE. YOUR SOLE REMEDY AGAINST SNOW FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND SNOW.
LIMITATION OF LIABILITY
EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL SNOW BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, EVEN IF SNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, SNOW IS FOUND TO BE LIABLE TO YOU, SNOW’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED $100.00 USD. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY. THEREFORE, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IN ITS ENTIRETY.
You agree to indemnify and hold Snow, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) may against Snow by any third party arising from or in connection with your use of the Site.
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND BY THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. YOU AGREE TO THE PERSONAL JURISDICTION BY AND VENUE IN THE STATE AND FEDERAL COURTS IN TRAVIS COUNTY, TEXAS, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE. THE PRECEDING PROVISION REGARDING VENUE DOES NOT APPLY IF YOU ARE A CONSUMER BASED IN THE EUROPEAN UNION. IF YOU ARE A CONSUMER BASED IN THE EUROPEAN UNION, YOU MAY MAKE A CLAIM IN THE COURTS OF THE COUNTRY WHERE YOU RESIDE. ANY CLAIM UNDER THESE TERMS MUST BE BROUGHT WITHIN 1 YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. NO RECOVERY MAY BE SOUGHT OR RECEIVED FOR DAMAGES OTHER THAN OUT-OF-POCKET EXPENSES, EXCEPT THAT THE PREVAILING PARTY WILL BE ENTITLED TO COSTS AND ATTORNEYS’ FEES.
ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND SNOW ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE PLACE OF ARBITRATION SHALL BE AUSTIN, TEXAS, USA. YOU AND SNOW SHALL SEEK TO MUTUALLY APPOINT A SINGLE ARBITRATOR. IF YOU AND SNOW CANNOT AGREE ON A SINGLE ARBITRATOR, THEN THERE SHALL BE THREE ARBITRATORS: ONE SELECTED BY YOU AND SNOW EACH, AND A THIRD SELECTED BY THE FIRST TWO. PRIOR TO THE COMMENCEMENT OF HEARINGS, EACH OF THE ARBITRATORS APPOINTED SHALL PROVIDE AN OATH OR UNDERTAKING OF IMPARTIALITY. A JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER YOU, SNOW, OR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULTS OF ANY NEGOTIATION OR ARBITRATION HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH YOU AND SNOW. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH.
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. Snow’s failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision. These Terms set forth the entire understanding and agreement between you and Snow regarding your use of the Site.
For questions or concerns related to these Terms, or to report violations, please contact firstname.lastname@example.org.
Copyright © 2018 Snow Software. All rights reserved.
1801 East 6th Street, Suite 350
Austin, Texas 78702, USA