Terms of use

Overview of Service

Snapwire Media Inc. (“Snapwire” or “we”) offers a platform for registered Users (“you” or “Users”, which include both licensees (“Buyers”) and licensors (“Sellers”) to license photography Content (defined below) in an online marketplace. Buyers can create and publish requests for specific types of photos (each a Request or Challenge but for the purposes of this Agreement, hereinafter both shall be called a Request), and Sellers can submit Content in response to a Request, for possible license. In addition, Snapwire hosts a collection of photos (the “Marketplace”) that it makes available to all Buyers for possible license through a searchable collection of photos where Buyers may purchase individually or as many items of Content as part of a Subscription period (called a “Subscription”). The amount of Content that may be downloaded during each Subscription period shall be that specified in a Buyer order. Content that is not used in any given Subscription period do expire and will not roll over to any subsequent Subscription period. Users or other Content owners can establish and upload their Content to an online profile, where such Content ("Profile Content"), may be licensed by Buyers directly from the Seller. Further information on how Users can request photos, submit Content, and license Content can be found below or in our FAQ’s.

Provided you use the Marketplace or Subscription Content in accordance with these Terms of Use, Snapwire provides Buyers with an indemnity from any claim based on its use of such Marketplace Content - up to $10,000.

Straight Talk: When you license on Snapwire you have great peace of mind.

CONTENT SELLERS RETAIN ALL OWNERSHIP IN THE CONTENT UPLOADED AND ONLY GRANT LIMITED RIGHTS TO SNAPWIRE AND BUYERS AS DESCRIBED IN THE CONTENT LICENSE TERMS OUTLINED BELOW AND AS OTHERWISE COMMUNICATED BETWEEN A BUYER AND SELLER (E.G., IN A PARTICULAR REQUEST).

Acceptance of Terms

By accessing or using the Snapwire website, the Snapwire service, or any applications (including mobile applications) made available by Snapwire (together, the "Service"), however accessed, you, the User agree to be bound by these terms of use ("Terms of Use"). Please read these Terms of Use, Copyright Policies and the Snapwire Privacy Policy carefully. If you do not accept all of the terms contained in these policies, do not register for or use the Service.

Straight Talk: Play nice and follow all the rules.

Arbitration Notice

YOU AGREE THAT DISPUTES BETWEEN YOU AND SNAPWIRE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASSWIDE ARBITRATION. FOR FURTHER INFORMATION PLEASE CONSULT THE “ARBITRATION” SECTION BELOW.

Straight Talk: You won't sue us because we both agree to let someone who's a good listener help us 'talk it out'.

General Conditions of Use

You must be at least 18 years old to register to use the Service. If you are registering to use the Service on behalf of a legal entity, (i) you must be the authorized representative of such entity; and (ii) with respect to any Buyer, have the full power and authority to bind Buyer to the License Grant; and (iii) if Buyer subsequently disputes such power or authority, you shall be liable for any failure of Buyer to comply with the terms of this Agreement.

Snapwire may, in its sole discretion, refuse to offer the Service to any person or entity and may change the eligibility criteria at any time.

Straight Talk: You gotta be 18 to use the service. While we hope we never have to practice it, we reserve the right to refuse service to anyone.

From time to time, Snapwire may change these Terms of Use. You agree that the updated terms of use (“Updated Terms”) shall become effective as of the date they are posted. Snapwire will give you reasonable notice before any Updated Terms become effective unless the changes are for legal or administrative reasons. If you object to the Updated Terms, your sole recourse is to terminate your use of the Service. Snapwire recommends that you check the Service from time to time to inform yourself of any changes in these Terms of Use or any of our other policies.

Straight Talk: Things change in this agreement from time to time.

Snapwire takes reasonable measures to ensure that the Service is accessible 24 hours a day, seven days a week. We reserve the right, at our discretion, to take necessary technological, maintenance or security measures that may affect the accessibility of Service, including shut down of the Service. We will store digital files (including but not limited to images, graphics, audio and video clips, text and data (collectively, and including all Marketplace Content and Profile Content, “Content”) uploaded by a User to the Service in the same format as uploaded, but we will not be responsible for any loss, damage or alteration of the Content that occurs during the file transfer to or from our servers.

Straight Talk: Keep a back up of all your work.

Registration, Payment

As part of your registration for the Service, you will be required to submit certain information so that we can set up your account. You may also be able to register through an existing social media site like Facebook, for example. We handle all such information in accordance with our Privacy Policy, which currently we limit to Service-related uses. In the event that you wish to license Content or get paid for licensed Content through the Service, you must register with the Service, provide certain personal information about payment details (the “Payment Data”) and agree to the applicable terms of use of an available payment facilitator then supported by Snapwire (currently PayPal and Stripe, however, the payment facilitators supported by the Service are subject to change from time to time). In the event that your Content is sold through a Third Party Partner Site, Snapwire shall compensate you as set forth in the Payout page of this Service and notice of these payments will be made to you in your Manager.

Straight Talk: We won't share your information with anyone. When your photo sells, you get paid through PayPal or Direct Deposit (your choice), and, please read these services Terms and Conditions and Privacy Policies carefully.

User Behavior

You are solely and fully liable for all conduct, Content, Requests, User profiles and transactions that are made under your username and password. You are solely responsible for keeping your passwords safe and secure. You agree that while using the Service you will comply with the following rules:

You agree not to permit any third party to do any of the foregoing. Snapwire reserves the right to terminate the Service, Requests or remove any Content that does not comply with these Terms of Use or for any reason by Snapwire, in its sole discretion.

Straight Talk: Play nice or else.

Requests and Challenges

Buyers can request photos for certain types of photos may create a photo based creative brief following the instructions detailed within the Service and in the Snapwire FAQ's. Sellers may need to reach a certain user level before they can respond to and participate on a Request.

Snapwire may also offer photo contests within the Service (“Snapwire Challenges”). Sellers who submit Content in response to a Request may also be eligible to submit to Snapwire Challenges that Snapwire or Buyers may run from time to time. Buyers may also license photos from Snapwire Challenges posted by Snapwire at anytime. Challenge photos are governed by the same Prohibited Uses defined below. Please be sure to read and understand the Challenges rules as posted on the Service.

Straight Talk: On Snapwire, Buyers make a creative brief for photos called 'Requests'; Snapwire or Buyers run photo contests called 'Challenges'.

Marketplace Content

As part of its Services, Snapwire offers a Marketplace where Sellers' Content may be generally available for license (i.e., without responding to a specific Request) and where Buyers can search Content to license without creating a Request. Snapwire also offers a Subscription on the Service that allows Buyers to purchase a license to the Content from the Marketplace at a dsicount. When Buyers purchase a Subscription on the Service, Sellers agree to sell their Content according to the Services current Subscription fee, and as such, transaction fees will vary on Subscriptions. For Buyers, Subscriptions are billed monthly to the Buyer on the date of purchase and subsequently on a renewal date until cancelled. “Renewal Date” means the calendar day of the month as noted on the Subscription order. For example, a June 1 order date would imply a July 1 Renewal Date and the first of every month thereafter. A Buyer Subscription will be automatically renewed for consecutive Subscription terms unless earlier terminated as set forth in this Agreement. Unless otherwise specified in the Subscription order, the number of Seat Licenses any Buyer User shall be limited to the Subscription plan details describing Seat Licenses (“Seat License”) and shall be defined by the number Users or persons gaining access to the Content in a Subscription, or, if a User accepting this Agreement on behalf of their employer, client or User account entity. For the sake of clarity, a Buyer shall have access to Seat Licenses on a “Silver” plan which provides 1 Seat License, the “Gold” plan which provides 5 Seat Licenses, and the “Agency” plan which provides 25 Seat Licenses. In addition, Snapwire, in its sole discretion, may review any Content submitted by Sellers as part of a Request or uploaded to their profile to be included to the Marketplace and subsequently any Subscription offering. Sellers have a right to exclude their Content from such offering on their Manager. A Seller's earning is determined by a the price of the Subscription plan and is detailed on the Service's Subscription page.

Straight Talk: We may choose some of your photos for our stock photo library called the 'Marketplace' and sell them individually or in a Subscription. Sellers can opt out of selling photos this way on our website.

Snapwire may choose Content from the Marketplace to be designated as “Premium Content”. Premium Content is generally priced higher than other Marketplace Content because of its greater commercial potential, and if your Content is designated as Premium your ratings will improve. Sellers agree that all Premium Content shall be exclusive to the Snapwire platform unless and until the Content is removed by the Seller. Premium Content may be selected and submitted to our Third Party Partner sites at Snapwire's choosing, and in doing so, shall inform Seller that select Content has been submitted. Sellers may choose to opt out of these relationships. In the event the Seller removes Content that has been submitted to a Third Party Partner site, Seller understands and agrees that Snapwire may be subject to delays (beyond its own control) to ensure that the conetnt is removed from any Third Party Partner site. See the License Grant for Marketplace Content below for more details.

Straight Talk: If we flag your photo as 'Premium' you promise to only let us license it on your behalf.

Profile Content

Content uploaded to a Sellers' profile as samples of their work (“Profile Content”), but not included in the Marketplace, may also be made available for license to Buyers. Snapwire, in its sole discretion, may review any Content submitted by Sellers to their profile and include it in the Marketplace. Under no circumstances shall Snapwire indemnify Buyers who license Profile Content that is not chosen for the Marketplace. More information regarding use of Your profile, managing your Profile Content and maximizing your licensing opportunities, can be found in our FAQs. Our creative editors review all Photographers before they can submit to a Buyer's request. This ensures the highest quality standards for Buyers. Please do not include your own watermarks in uploaded Content. Photos uploaded to Snapwire are automatically watermarked to ensure your copyright protection. When a Buyer licenses Content hereunder, the watermark is removed when the Content is downloaded. If you upload a photo with your own watermark there may be technical or attribution issues, and opportunities for license may be diminished.

Straight Talk: Photos may be for sale on a user's profile but not all of them have the same indemnification guarantee from Snapwire, only those included in the Marketplace have it.

Attribution

Snapwire will not remove any attribution with respect to Sellers' Content uploaded to the Service if provided by Seller. Buyer agrees that it shall provide attribution to the Seller in connection with any editorial use of Content licensed via Snapwire, unless the Seller waives any right to attribution directly. Notwithstanding the above, Snapwire shall not be responsible if the Buyer fails to credit the Sellers.

Straight Talk: If you license photos for editorial use, you will attribute the selling Photographer. Don't forget, but if it happens - it's not on us.

License Grants; Terms Each User grants the following licenses where applicable:

Each Buyer that purchases Content, creates a Request or each Seller that uploads Content to the Service agrees to grant the following licenses where applicable:

A. License to Snapwire for use in the Platform: A worldwide, non-exclusive, royalty-free, transferable license to sub-license, reproduce, distribute, display and to create derivative works of Content uploaded to Snapwire in connection with its offering of the Services, including for promoting the Service; and/or redistributing the Service through third parties in any format and through any distribution channels.

Straight Talk: Sellers: We may pimp you out and promote you. You offer a Royalty Free license to Buyers.

B. License To Snapwire for the Marketplace: A worldwide, royalty-free, transferable license (that is exclusive in the case of Premium Content) to sub-license, reproduce, distribute, publish, transmit and display (in whole or in part) and to create derivative works of the Content uploaded by Sellers (collectively 'use') with the right to grant sublicenses to licensees to use the Content, in all media throughout the world, for all legal purposes, other than those uses prohibited below under Prohibited Uses. This grant of rights includes the right to permit Snapwire to use the services of third party distributors to offer selected Content for licensing.

Straight Talk: Sellers: Your photos may be licensed from the Marketplace and through our partners around the world.

Each Seller grants to each Buyer: A. A worldwide, non-exclusive, royalty-free license to grant access to the Content through the Service for review purposes (as defined in this agreement); and b) upon selection of Content for license by a Buyer and payment therefor, a perpetual, non-exclusive, non-transferable, non-sub-licensable, royalty-free worldwide personal and commercial license to, reproduce, distribute, publish, transmit and display, in whole or in part, the Content, and create derivative works from the Content in any and all media for all legal purposes other than those uses prohibited below under Prohibited Uses or as stated with the Content's Permission Status limits. Buyer may store the Content in a closed digital library, network configuration or similar arrangement to allow the Content to be viewed by employees, partners and clients of Buyer only, and so long as Content is not downloaded through a Subscription, there shall be no more than five (5) users accessing the Content at one time. Buyers who purchase a Subscription may be limited to the number of seat licenses or granted additional seat licenses. Additional seat licesnses must be purchased if the Buyer requires more than five (5) users before such additional use begins. For additional seat licenses, please contact us. All rights to the Content shall continue to be owned by the Seller, subject to your rights to use the Content as permitted under this limited license.

Straight Talk: You offer a Royalty Free license to Buyers. Buyers can only use the photos as described above - they never ever own them.

By way of example only, as part of the License Grant to a Buyer, the Buyer is permitted to:

Straight Talk: It takes a village to make cool things. We give Buyers the right to work with others to get their final projects completed & made. Buyers can use our photos on physical products that can sometimes be tangible things.

Prohibited Uses

This license is a limited license. Buyer may not:

Straight Talk: Buyers, don't do any of the above without separate permission from the Seller or Snapwire or the deal is off and you will get in big trouble.

Sellers' Grant to Comping Use of Content

Seller grants, for a period of thirty (30) days, a non-exclusive, non-sublicensable, non-transferable and non-assignable right to use any selected Content made available to Buyers, and any derivatives or copies created (collectively, the "Licensed Content"), on a personal computer and, in any test, sample, comp or rough cut evaluation materials. The Content may only be used by a Buyer non-commercially, in materials for personal evaluation purposes or sample use only, including layouts.

Straight Talk: Buyers can kick the tires on a watermarked photo and pitch it to their clients.

Sellers' Grant to Optional Buyout

Subject to Seller full consent and full payment by Buyer, and in the case where Buyer works directly with Seller, Buyer may purchase all rights to the Content, and the Content shall be considered Works Made For Hire, and as such, Buyer shall be considered the author and shall be the owner of the Works Made for Hire. In the case of a Buyout, all right, title and interest in and to the Content including any Copyright and Moral Rights are owned exclusively by Buyer. For purposes herein, Moral Rights shall mean any rights to claim authorship of a work, to object to or prevent any modification of a work, to withdraw from circulation or control the publication or distribution of a work, and any similar right, existing under judicial or statutory law of any country in the world, or under any treaty, regardless of whether or not such right is called or generally referred to as a “moral right.” Seller shall transfer and assign to Buyer, and shall waive and agree never to assert, any and all Moral Rights with respect to the Content or the Works Made for Hire, even after termination of this Agreement.

Straight Talk: Buyers can optionally purchase the full rights of a photo. Commissioned, localized Requests may require the purchase of photo's copyright if Seller agrees to it.

Exclusive License Period Option

Licensed Premium Content may be offered by the Seller for an exclusive licensing period for up to five (5) years (the 'Exclusive Period') to any Buyer, during which the licensed Content will not be offered to other Buyers on the Service or anywhere else. Currently, exclusivity is only offered as an option with Request licenses. Exclusivity terms may vary and will generally command higher prices than non-exclusive licenses. Please confirm any exclusivity with the Seller before completing your license for any Content. If the Content is licensed on an exclusive basis and is reproduced by the Buyer on a social media or other third party web site in a manner permitted by the license, the exclusive rights granted shall automatically be revoked in the event that the third party website seeks to exploit purported rights to the Content contrary to the terms of this Agreement.

Straight Talk: Buyers can pay to use a Premium photo and (optionally) make sure no one else can if they pay extra. Sellers will get paid lots extra if they do.

Termination by Seller

All licenses to the Content granted by a Seller to Snapwire according to the above shall automatically terminate when the Seller or Snapwire, as the case may be, removes or deletes the Content from the Service. Termination or removal of Content by a Seller shall not affect any previously granted licenses to Buyers. Please review our FAQs for more information regarding management of Your Content and your profile.

Straight Talk: If a photo is sold to a Buyer and the Photographer leaves Snapwire, the Buyer still gets to use their licensed photo.

Compensation

For any Content licensed, the Buyer agrees to pay the amount posted on the Request or associated with the Content by way of posted amount (“License Fee”) in US Dollar; and Seller agrees to pay a separate transaction fee to Snapwire for the use of the Service (“Transaction Fee”). Transaction Fees are the responsibility of the Seller and are equal to 30% of the posted amount on the Request and 50% of the posted amount on Marketplace and Profile Content. Content sold in a Subscription is subject to a fixed payout schedule related to Transaction Fees. Transaction Fees and posted amounts vary between licenses from a Request, Marketplace, Profile or Subscription Content and can be reviewed on the Snapwire Payout Schedule which may change from time to time. Please note: Payments will be processed on the 1st of the following month, providing your balance is $25 or more. If the 1st is a weekend or US holiday, the payment will be made on a prior business day. In any event, once you request a payout, it currently averages up to 15 business days to receive money in your chosen account. Requested payouts will be totaled at the end of the month and paid out on the 1st of the following month upon request. Payments may not be released to the Seller until all licensing fees are collected to from the Buyer, and at such time, the Seller's earning will be made available. Please note, we no longer support Balanced for ACH payouts.

Straight Talk: Photographers keep 70% of the photo sale on a Request or Challenge, 50% of any Marketplace sale, or fixed payout when a photo sells in a Subscription.

Payment of License Fees. License Fees are collected directly by Snapwire via the payment facilitator at the time the transaction occurs or when a Third Party Partner sells Content. The Transaction Fees are automatically deposited into Snapwire’s account and then distributed to Sellers via the Seller’s chosen Snapwire-supported payment facilitator. Payouts will be processed on the 1st of the following month of the purchase of a License. All sales are final and there is no cancellation once a license transaction has occurred. License Fees paid to the Seller for the Content is taxable income in most countries. Sellers who receive License Fees shall be liable for ensuring that all payments of tax, and other payments are duly remitted in accordance with the applicable legislation of their country and region.

Straight Talk: We charge Buyers and pay Photographers using Stripe and Paypal. We then keep a percentage to run the business. Oh, and you have to do your own taxes.

Employment and Withholding

Snapwire does not employ Users in any way. As such, Snapwire will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with Your use of the Service or any transactions in connection therewith. You understand and agree that if Snapwire is found to be liable for any tax or withholding tax in connection with Your use of the Services, then you will immediately reimburse and pay to Snapwire an equivalent amount, including any interest or penalties thereon.

Straight Talk: Just because you use Snapwire does not mean we hired you.

Sellers’ Representations & Warranty

The Seller represents and warrants that (i) it is the original creator of the Content and that it holds all rights in and to the Content; (ii) it has the legal right and capacity to enter into these Terms of Use; (iii) the Content does not infringe upon any copyright, trademark, moral right, right of privacy or publicity or other intellectual property right of any third party and (iv) it has obtained, where applicable, a valid written model or property release from any relevant third party subject, co-owner or otherwise sufficient to license the Content through the Service (the “Releases”).

Straight Talk: You told us the truth when we asked you to.

User Indemnification

Each User (Buyer or Seller) agrees to defend, indemnify and hold harmless Snapwire, its affiliates, and their respective officers, directors, members, employees and agents, licensees, customers, and other Users from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorney’s fees) arising from your use of the Service; your use of the Content in violation of these Terms of Use; or your violation of any third party rights, including copyright, trademark right of publicity or privacy, or other third party intellectual property right; this defense and indemnification obligation will survive these Terms of Use and your use of the Service and the use of any Content.

Straight Talk: You won't blame us for your negligence.

Snapwire’s Representations

Snapwire represents and warrants that the Content (as submitted and unaltered by Users) that is downloaded and used in full compliance with this Agreement and applicable law will not infringe any copyright, trademark or other intellectual property right, and such unaltered Content does not violate any third parties' rights of privacy or publicity; and (b) unaltered Content does not and will not: (i) violate any US law; (ii) be defamatory or libelous; or (iii) be pornographic or obscene.

Straight Talk: When a Buyer licenses a photo we'll stand by this agreement.

Indemnification to Buyer

Provided that Buyer is not in breach of the Terms of Use, Snapwire shall defend, indemnify, and hold Buyer harmless up to the "Limits of Liability" (as hereinafter defined) arising out of or directly connected to any actual or threatened third party lawsuit, claim, or legal proceeding for direct damages together with expenses (including reasonable outside attorney’s fees) based on Snapwire’s breach of its representations and warranties under this Agreement. This indemnification is conditioned upon you notifying Snapwire, in writing, of any such claim or threatened claim, no later than ten (10) days from the date you know or reasonably should have known of the claim or threatened claim including all details of the claim then known to you. The notification must be emailed to Snapwire at legal [at] snapwi.re with a hard copy sent to Snapwire Media Inc., 3905 State Street, Suite #7-510, Santa Barbara, CA 93105-5107. Snapwire shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with Snapwire in the defense of any such claim and shall have the right to participate in any litigation at your own expense. Snapwire shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein. Snapwire shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or the context in which the Content is used by you. Snapwire’s total maximum aggregate obligation and liability to any one User for all claims shall be limited to Ten Thousand United States Dollars - US$10,000.00 - (the "Limits of Liability").

Straight Talk: We'll stand by our Buyers and Photographers if there's a problem up to a $10,000 limit.

Upon notice from Snapwire, or upon your knowledge that any Content is subject to a threatened, potential or actual claim for which Content owner or Snapwire may be liable, you must immediately and at your own expense (a) stop using the Content; (b) delete or remove the Content and any uses of the Content from your premises, computer systems and storage (electronic or physical); and (c) ensure that your clients, partners and any entity to whom you’ve provided Content do likewise. Snapwire shall provide you with replacement Content (which shall be determined by Snapwire in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

Disclaimer; Limitation of Liability

OTHER THAN AS SET FORTH IN INDEMNIFICATION ABOVE, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SNAPWIRE AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT OWNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL SNAPWIRE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT OWNERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Copyright Notice

Snapwire has adopted and implemented the Snapwire Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.

Straight Talk: If a User reports a problem, we have a right to make it go away.

Third-Party Links, Sites, and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Snapwire. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Snapwire, you do so at your own risk and you agree that Snapwire will have no liability arising from your use of or access to any third-party website, service, or content.

Straight Talk: Navigate to outside hyperlinks at your own risk.

Recovery

Snapwire has the right, at its expense, to determine in its sole and reasonable discretion, without obligation, if, and when, any legal action shall be pursued with regard to the Content offered on its own website, and to defend claims and counterclaims related to infringements of the Content. Snapwire shall have complete discretion regarding its choice of attorney or service for claims based on infringements. Settlements shall not be subject to the Seller’s prior approval. Seller agrees to cooperate with Snapwire, providing, if requested, all reasonable assistance to Snapwire. Seller agrees to be named in and be joined in as a party to any proceeding in connection with the prosecution or defense of any legal claim. However, the Seller shall not hold Snapwire responsible for any misuse of the Content. If Snapwire chooses not to pursue any such claims, then the Seller is free to pursue such claims him or herself, and is entitled to 100% of any compensation he or she receives. Otherwise the all settlements shall be subject to 50% of any settlement collected by Snapwire.

Straight Talk: If your photos are stolen, and we find out, we are going to hunt the thief down, and when we find them, you agree to let us stand up for you.

Arbitration

Any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use shall be resolved by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SNAPWIRE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Straight Talk: If it gets icky, the Arbitrator gets a call.

Governing Law; Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with Snapwire exclusively in a state or federal court located in Santa Barbara, California, and to submit to the personal jurisdiction of the courts located in Santa Barbara County for the purpose of litigating all such disputes.

Straight Talk: We love Santa Barbara, California and so you agree to visit us here if you have a dispute.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Snapwire's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Snapwire reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Snapwire.

Entire Agreement

These Terms of Use, together with Snapwire’s Privacy Policy and any other legal notices published by Snapwire on the Service, shall constitute the entire agreement between you and Snapwire concerning the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Snapwire.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

The provider of the website is Snapwire Media Inc.

3905 State Street, Suite #7-510
Santa Barbara, CA 93105-5107
By email: hello [at] snapwi.re

To file a complaint or to receive further information regarding use of the Service, send a letter to the above address, contact Snapwire via e-mail or telephone at 805-845-7572. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

Privacy Policy

Thank you for visiting the Snapwire application, (the “Service”) operated by Snapwire Media Inc. (“Snapwire” or “us”). Your privacy is very important to us. We want you to fully understand our privacy practices, therefore please read this Privacy Policy carefully to learn more about the ways in which we use and protect your personal information.

If you have any questions or concerns about this Privacy Policy or its implementation you may contact us at: hello@snapwi.re.

Information Collected and Used

We will collect the following types of information from you.

Information Sharing and Disclosure

We use the contact information you provide to provide you with information about Snapwire.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that your contact information will never be disclosed in a manner that is inconsistent with this Privacy Policy.

Collection of Information by Third Parties

At times, reputable third parties may present or serve the advertisements, provide us with data collection, reporting and ad response measurement, as well as assist with delivery of relevant marketing messages and advertisements. These third parties may view, edit, or set their own cookies. The use of these technologies by these third parties is subject to their own privacy policies and is not covered by this privacy statement.

Cookies and Other Technical Information

We, our third party service providers, and our partners may send "cookies" to your computer or use similar technologies to enhance your online experience at our sites and across the Internet. "Cookies" are files that can identify you as a unique customer and store your personal preferences as well as technical information (including click through and click stream data). Cookies manage and measure the performance of advertisements displayed on or delivered by or through the Service and/or other networks or sites. Cookies can either be permanent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). We may also use "Web beacons" that monitor your use of our sites. Web beacons are small strings of code that provide a method for delivering a graphic image on a Web page for the purpose of transferring data, such as the IP (Internet Protocol) address of the computer that downloaded the page on which the Web beacon appears, the URL (Uniform Resource Locator) of the page on which the Web beacon appears, the time the page containing the Web beacon was viewed, the types of browser that fetched the Web beacon and the identification number of any cookie on the computer previously placed by that server.

When corresponding with you via HTML capable e-mail, Web beacons let us know whether you received and opened our e-mail.

On their own, cookies or Web beacons do not contain or reveal any personally identifiable information. However, if you choose to furnish personally identifiable information, this information can be linked to the data stored in the cookies/Web beacons.

By accepting this Privacy Policy, you specifically agree to our use of cookies and Web beacons as described herein. You may adjust your browser to reject cookies from us or from any other Web site. Additionally, by setting your Web browser to display HTML e-mails as text only, you may be able to prevent the use of some Web beacons. Please consult the "Help" section of your browser for more information. However, certain areas of our sites can only be accessed in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content.

Security

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

Our Policy Towards Children

At various places on the Service, we may ask users for their age. By using the Service you agree to respond truthfully and accurately about your age. In compliance with the Children’s Online Privacy Protection Act (COPPA), we do not knowingly collect from children under age 13 any personally identifiable information (e.g., information that would allow anyone to locate children under 13 on or offline, such as full name, email address, home address, telephone number, etc.). Children under the age of 13 are expressly prohibited from submitting or posting any personal data on the Service.

Changes to this Policy

We may modify or update our Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.

Effective: August 1, 2014