The Snapact Terms of Use

Effective June 1, 2008

By visiting this Web site and using the services, you agree to the following terms and conditions.

Tecagora Solutions Inc. ("Tecagora") is granting you a limited right to view, use this site and the services, and download certain materials available on this Web site. You may not modify the Tecagora content or materials available on this Web site in any way, unless otherwise authorized in writing by Tecagora.

The Snapact Community Network (the "SCN") is being provided and operated by Tecagora. The SCN offers digital photo services that provide the ability to view and share digital photographs, graphics, messages, or other materials ("Content") through electronic devices such as personal computers and hand-held devices. By using the services provided by the SCN, you hereby agree to the following terms and conditions.

1. USE OF SERVICES - Tecagora provides you with certain services through the SCN provided that you are of legal age to form a binding contract in your applicable jurisdiction. In order to receive or access certain services available through the SCN, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or your continued use of the services. If you choose to register as a member to use the services available through the SCN, you will be asked to check a box to indicate that you have read and agree to be bound by the terms and conditions of this Agreement. You are responsible for maintaining the confidentiality of your user login information and account password, and you are responsible for all activities that occur under your account. You agree to immediately notify Tecagora of any unauthorized use of your password or account or any other breach of security. Tecagora cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your login information and/or password secure. When using the SCN services, you agree to comply with your own local laws and regulations regarding online conduct and acceptable content, including laws regulating the export of data to and from your country of residence.
   
   
2. SERVICE AVAILABILITY - Tecagora uses reasonable endeavours to ensure that the services of the SCN are available 24 hours a day 7 days a week. However, there will be occasions when the services of the SCN will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Tecagora. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of Tecagora. You agree that Tecagora shall not be responsible or liable to you for the deletion or failure to store or make available any Content and other communications maintained or transmitted through the SCN, or any modification, suspension or discontinuance of the SCN services. You acknowledge that Tecagora has the right, at its sole discretion, to limit the number of photos and transmissions you may send or receive through the SCN or the amount of storage space, bandwidth, or other resources you may use. Tecagora reserves the right to terminate or suspend, or limit certain features or functionality of your account based on usage that exceeds these limits. You may elect to purchase other services or resources such as additional storage space. Payments for such purchases are non-refundable. Upon the termination of your SCN account, you will no longer be able to retrieve content contained in that account. You are responsible for creating backups of any Content you upload or post to the SCN.
   
   
3. CONDUCT - You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using the SCN and for any consequences thereof. You also understand and agree that the Content uploaded to and transmitted through the SCN are the sole responsibility of the persons who uploaded or transmitted such Content. Tecagora reserves the right, but shall not be obligated, to pre-screen, refuse, or move any Content that has been uploaded to the SCN. You understand that by using the SCN, you may be exposed to Content that you may consider to be offensive, objectionable, or indecent. You agree that your use of the SCN is at your own risk.

You agree NOT to use the SCN:

1. for any unlawful purposes or the promotion of any illegal activities, including without limitation, activities that may be threatening, obscene, libellous or defamatory, harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
2. to upload, post, or otherwise transmit or communicate any Content that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right;
3. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
4. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the SCN;
5. to attempt to upload Content by any method to another user's account without permission;
6. to upload, post, or otherwise transmit any Content which is likely to cause harm to SCN or anyone else's computer systems, including without limitation any virus, code, worm, Trojans, data or other files or programs designed to damage or allow unauthorized access to the SCN which may cause any defect, error, malfunction or corruption to the services provided by the SCN;
7. to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity;
8. to collect, intercept or harvest user names, to collect, intercept or store personal data about other users of the SCN or to solicit or attempt to discover a user's password, user name or other registration information without the user's express knowledge and consent; or
9. to reproduce, duplicate, copy, or resell the services of the SCN or any portion of the SCN.
4. PRIVACY POLICY - By using the services of the SCN, you acknowledge and agree that Tecagora may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this terms and conditions of this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Tecagora, its users, or the public as required or permitted by law. More information on Tecagora's Privacy Policy can be reviewed at http://www.snapact.com/privacy/.
   
   
5. COPYRIGHT RESTRICTION - The SCN and any software (the "Software") used in connection with those services are provided by Tecagora and contains copyrighted material, trade secrets and other proprietary and confidential material that is protected by applicable intellectual property and other laws and treaties. Subject to the terms and conditions of this Agreement, Tecagora grants to you a personal, limited, non-transferable and non-exclusive right and license to use the Software and the services provided by the SCN. You shall not, and shall not attempt to or allow any third party to, modify, reverse engineer, disassemble or decompile the Software. Nor shall you create any derivative works or other works that are based upon or derived from the Software or the SCN in whole or in part. Tecagora retains sole and exclusive ownership of all right, title and interest in and to the Software and the services provided through the SCN and all Intellectual Property rights relating thereto including without limitation Tecagora's name, Tecagora logo and graphics file that represents the Software and/or the services provided through the SCN. You further agree not to remove, obscure, or alter Tecagora's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software or the SCN. You acknowledge and agree that third parties, including other Tecagora users, may own right, title and interest in and to Content hosted on the SCN or otherwise presented to you through the services of the SCN, and that this Content may be protected by applicable intellectual property and other laws and treaties, including but not limited to laws governing copyright. Copyright law and international copyright treaty provisions protect all parts of the Software and the SCN. No program, code, part, image, or text may be copied or used in any way by the user except as intended within the bounds of this Agreement. All rights not expressly granted hereunder are reserved for Tecagora.
   
   
6. IMAGE RIGHTS AND SHARING - Tecagora does not claim ownership rights or control over any Content contained in your account, submitted, posted or displayed by you on or through the SCN. You, or the applicable third party licensor, retain all patent, trademarks, and copyright to any Content you submit, post, or display through the SCN and you are responsible for all of the Content you upload, share or copy using the SCN. You must either own all right, title and interest in and to the copyrights in the Content or have express permission from the copyright owner to copy and use such Content for all purposes related to the services provided through the SCN, and that such Content does not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. You are responsible for protecting those rights. By submitting, posting or displaying Content on or through the SCN whether for private or public purposes, you grant Tecagora a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and display/publish such Content on and through the SCN. The SCN allows you to share your Content with other members and/or the general public. Please note that when you share your Content, you are allowing the recipients to share that Content with others and/or allow them to add such Content to their own accounts or albums. Tecagora reserves the right to pre-screen, refuse to accept, post, display or transmit any Content in its sole discretion.
   
   
7. ADVERTISING AND LINKS - Some services of the SCN are supported by advertising revenue and may display advertisements and promotions on the SCN. The manner, mode and extent of advertising by Tecagora through its services are subject to change at any time. You agree that Tecagora shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the SCN. Tecagora may provide, or third parties may provide, links to other Internet sites or resources. Because Tecagora has no control over such sites and resources, you acknowledge and agree that Tecagora is not responsible for the availability of such external sites or resources or the content or policies that govern the use of those Web sites. Furthermore, Tecagora does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Tecagora 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 use of or reliance on any such Content, goods or services available on or through any such site or resource, nor will Tecagora accept any responsibility for any viruses, worms, Trojan horses or other forms of destructive malware that may infect your computer systems as a result of your use of any third party Web sites.
   
   
8. LIMITATION OF LIABILITY/INDEMNIFICATION - Information on this Web site may contain technical inaccuracies or typographical errors although Tecagora will make efforts to maintain and review all its contents. Information and/or products available on this Web site may be changed or updated at any time without notice to you. You will indemnify, hold harmless, and defend Tecagora, its employees, directors, officers, and authorized agents against any and all claims, proceedings, demand and costs (including litigation costs and attorneys' fees) resulting from or in any way connected with your use of the Software and/or the SCN, any Content that you upload through the SCN that breaches any third party intellectual property rights, or your breach of any of the terms and conditions of this Agreement. IN NO EVENT (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF NEGLIGENCE) WILL TECAGORA, ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AUTHORIZED AGENTS BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR PECUNIARY LOSS), IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THIS SOFTWARE, THE SCN, OR THE USE OR INABILITY TO USE THIS SOFTWARE OR THE SCN, OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF YOU ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   

9. DISCLAIMER OF WARRANTIES - YOUR USE OF THE SOFTWARE AND SCN IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES EXCEPT AS OTHERWISE SPECIFIED HEREIN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TECAGORA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR CREATING BACKUPS OF ANY CONTENT YOU UPLOAD OR POST TO THE SCN.

   TECAGORA DOES NOT WARRANT THAT (I) THE SOFTWARE OR SCN WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE OR SCN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR SCN WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER RELATERD MATERIALS PROVIDED OR OFFERED THROUGH THE SCN WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE OR SCN WILL BE CORRECTED.

   ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SCN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

   NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TECAGORA OR THROUGH OR FROM THE SCN SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

10. TERMINATION - Any failure to comply with the terms and conditions of this Agreement will result in automatic suspension or immediate termination of this Agreement, your account, and the SCN services provided by Tecagora. Should you wish to terminate this Agreement at any time, simply cease your use of the SCN services. Tecagora reserves the right to terminate this Agreement and the services provided through the SCN at any time and without cause, including a period of account inactivity. Upon termination of this Agreement and the services provided through SCN, your account will be disabled and you will not be able to access any Content in your account. You are responsible for creating backups of any Content you upload or post to the SCN. If you have purchased additional services or resources from Tecagora, we may elect, in our sole discretion, to terminate such additional services or resources. If we do, we will refund to you a pro rata portion (based on the time remaining in your subscription period) of your subscription fee effective as of the period in which such termination occurs. The foregoing applies only to circumstances in which we terminate the additional services or resources for all of our registered members and shall not entitle you to a refund if we terminate your individual access to the additional services or resources because you have failed to comply with the terms and conditions of this Agreement. Sections 4 (Privacy Policy), 6 (Imaging Rights and Sharing), 8 (Limitation of Liability/Indemnification), 9 (Disclaimer of Warranties), 10 (Termination), and 11 (Governing Law) shall survive the expiration or termination of this Agreement.
    
    
11. GOVERNING LAW - This Agreement shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein except any principles regarding conflicts of law rules and the United Nations Convention on Contracts for the International Sale of Goods. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent Courts of Appeal therefrom. The failure of Tecagora to exercise or enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect Tecagora's ability to enforce each and every such provision thereafter. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any other provisions.
    
    
12. NOTICE AND AMENDMENT TO TERMS - Tecagora reserves the right to amend the terms and conditions of this Agreement at any time. If you have registered as a member to access the services of the SCN, we shall notify you of any material changes to this Agreement by email sent to the address you have provided during your account registration process. Notification of any changes will also appear in a prominent location on the SCN. If you continue to use the services of the SCN once you have been notified of the changes to the terms and conditions of this Agreement, you will be deemed to have acknowledged and accepted those changes.
    
    
13. ENTIRE AGREEMENT - The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Tecagora and govern your use of the SCN, superseding any prior agreements between you and Tecagora for the use of the SCN. You also may be subject to additional terms and conditions that may apply when you use any other current or future services of the SCN.