Acceptance of these Terms of Service
- By using and accessing (a) the website www.snowciety.com, or (b) any Snowciety application ((a) and (b) collectively "the Service") you agree you have read, understood and accept to be bound by the Terms of Service. BY USING THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD NOT USE THE SERVICE.
- THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. SNOWCIETY DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTIONS OR ERROR-FREE.
- If You are under the age of 18 years or a minor in your country of residence, please ask Your legal guardian to complete your registration to or purchase of the Services for you.
- Subject to Your acceptance of and compliance with these Terms of Service, Snowciety grants You a personal, limited, non-exclusive, revocable and non-transferable, non-sublicensable license to use the Services solely as for Your personal and non-commercial purposes as set forth in these Terms of Service.
- You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Service or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Snowciety or its licensors, except for the permissions and rights expressly granted in these Terms.
- If you violate these Terms, Snowciety reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all use of the Service. You agree that Snowciety need not provide you notice before terminating or suspending your account(s), but it may do so.
- Snowciety reserves the right to refuse any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.
Provision and use of the Services
- Snowciety has the right to provide the Service as it deems appropriate including the right to amend the Service. If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense. Snowciety aims to notify You of any substantial changes that materially affect the use of the Service a reasonable time in advance.
- Snowciety may suspend the Service where necessary for example for installation, amendment or maintenance work or if laws, regulations or authorities so require or if there are other justifiable reasons for suspension. Snowciety aims to ensure that the suspension is as short as possible. Snowciety has the right to terminate the Service at its sole discretion. Should any suspensions or termination of the Service occur, Snowciety aims to reasonably notify You of such occurrences in beforehand.
- You agree to use the Service in a manner that does not cause harm to Snowciety, other users or third parties. Snowciety reserves the right to terminate or restrict Your access to the Service without prior notice if You violate these Terms of Service or if You abuse the Service or load the Service to an unusual extent. Snowciety is entitled to prevent access to the Service if it has reason to believe that You are engaged in illegal activity or compromise other users' or Snowciety's data security or privacy.
- Snowciety may use subcontractors to fulfill its obligations pertaining to the Service and/or these Terms of Service.
Intellectual Property Rights
- Snowciety (or its licensors) shall own all rights, title and interest in and to the Service as well as any material in or provided through the Service, including any copyright, patent, trademark, design right, trade secret and any other intellectual property rights ("Intellectual Property Rights"). You shall not receive any ownership rights by using the Service.
- You hereby grant to Snowciety a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up and royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit User Content (as defined below) you upload, transmit or submit and all derivative works. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in User Content.
- Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you or other users (hereinafter "User Content") are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Snowciety. All User Content is the sole responsibility of the person from whom the User Content originated. Snowciety does not actively regulate User Content, but may decide to do so on a case by case basis, and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Snowciety application. You agree that Snowciety will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.
- User Content is not confidential and will not be returned to the user.
- You represent and warrant that User Content you transmit or submit is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without Snowciety incurring any third party obligations or liability arising out of its exercise of such rights and licenses.
- Snowciety reserves the right to remove and permanently delete any User Content from the Service with or without notice for any reason. Please notify Snowciety of any User Content that violates these Terms, or other inappropriate user behavior, by emailing email@example.com.
Rules of Conduct/Usage
- The Service provides communication channels designed to enable you to communicate with other Service users (Communication Channels). Snowciety has no obligation to monitor these Communication Channels but it may do so and reserves the right to review User Content posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Snowciety may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any User Content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by Snowciety. Snowciety will not under any circumstances by liable for any activity within Communication Channels.
- As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.
- In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
- post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
- violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- attempt to obtain passwords or other private information from other members or attempt to gain unauthorized access to the user accounts of other members;
- improperly use support channels or complaint buttons to make false reports to Snowciety;
- without Snowciety's express written consent, modify or cause to be modified any files that are a part of the Service;
- disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service (each a "Server"); or (2) the enjoyment of the Service by any other person;
- institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service;
- attempt to gain unauthorized access to the Service, or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Snowciety;
- interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms of Service;
- use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service;
- make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking or cracking software
These rules of use are not meant to be exhaustive. Snowciety reserves the right to determine what conduct it considers to be a violation of the Terms of Sevice or improper use of the Service and to take action up to and including termination of your account and exclusion from further using the Service.
You shall be liable and agree to indemnify Snowciety and third parties for and against all damages, which are caused by Your unlawful behavior or Your breach of these Terms of Service.
Third Party Sites
The Service may contain links to sites, which are owned or operated by third parties ("Third Party Sites"). Snowciety shall not be responsible for the content or for products or services offered by third parties. Further, the content on Third Party Sites may be subject to separate terms of service and/or privacy policies, the contents of which Snowciety recommends You to review.
Amendments and Termination
- Snowciety has the right to amend these Terms of Service by notifying You of such amendments reasonably in advance. Snowciety delivers the amended Terms of Service to You via the Service or some other suitable means at its discretion. Your continued use of the Service after receiving the notification regarding such amendments shall be deemed as Your acceptance of the amended Terms of Service. In case You object the entry into force of the amended Terms of Service and if You and Snowciety do not agree otherwise in writing, Your right to use the Service shall terminate on the date the amended Terms of Service enter into force.
- If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability of the remaining provisions shall in no way be affected or impaired thereby. The invalid provision shall be replaced by a valid one which achieves the original purpose and commercial goal of the invalid provision to the extent possible.
Limitation of Liability
- Snowciety shall not be liable for errors in the software or interruptions in the service. Snowciety shall not be liable for the correctness, exhaustiveness or reliability of the information or other material presented in the Service nor for the content or other features of the products or services offered on or conveyed through the Service. Further, Snowciety shall not be liable for the content in the Service, including without limitation the data, or any other information exchange media on or connected with the Service.
- Snowciety shall not be liable for direct or indirect damages caused by a possible delay, a change or loss of a service, product or material transferred through the Service. Snowciety is not liable for direct or indirect damages caused by interruptions and disturbances including loss or delay of data or changes in data due to technical defects or maintenance. Further, Snowciety disclaims any liability for direct or indirect damages caused to You by harmful programs (viruses, worms or the like) or incorrect content in the Service. Snowciety bears no liability for damages caused by You or by a third party.
- Snowciety' maximum liability for direct damages caused to You or Your property is at all times limited to €500,-. Snowciety is never liable for any indirect or unforeseeable damages caused to You at any given circumstances.
Applicable Law and Settlement of Disputes
These Terms of Service and the contractual relation related thereto shall be governed by the laws of the Netherlands. Disputes arising out of these Terms of Service or the contractual relation related thereto will be attempted to be settled amicably. If no agreement is attained, the dispute shall be settled in the District Court of Amsterdam, the Netherlands as the first instance.