Terms of use

Updated: May 30, 2018

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 visual Content (defined as still or motion, including photographs, graphics, illustration, audiovisual material, and all associated text and metadata, collectively “Content”) in an online marketplace. Buyers can create and publish requests for specific types of visual Content (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 Content (the “Marketplace”) that it makes available to all Buyers for possible license through a searchable collection where Buyers may purchase 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 specified in a Buyer order. Any license for Content downloaded and not used in any given Subscription period will expire and will not roll over to any subsequent Subscription periods. Users or other Content owners can establish an online profile, and upload Content ("Profile Content"), which may be displayed as an online portfolio. 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 Content in accordance with these Terms of Use and any Subscription Agreement, Snapwire provides Buyers with an indemnity from any claim based on its authorized use of such 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 UNLESS OTHERWISE AGREED, 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, Marketplace, 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 representing 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 shots sell, 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 Content and may create a creative brief seeking a specific type of visual Content 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 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 as part of a Subscription from Snapwire Challenges posted by Snapwire. 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 creative briefs called 'Requests'; Snapwire or Buyers run 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 as part of a Subscription that allows Buyers to license a quantity of Content from the Marketplace for a set fee. When Buyers purchase a Subscription on the Service, Sellers agree to sell their Content according to the current Subscription fee, and Sellers will receive credit for the amount of Content downloaded in proportion to the number of total items of Content downloaded by the Buyer during the Subscription Period. Transaction fees paid to Sellers will vary depending on the Subscription package purchased by the Buyer. 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 shall be limited to the Subscription plan details describing the number of Users or persons gaining access to the Content in a Subscription (“Seat License”), or, if a User is accepting this Agreement on behalf of its employer, client or User account entity. For the sake of clarity, a Buyer shall have access to 1 Seat License on a “Silver” plan, 5 Seat Licenses on the “Gold” plan s, and 25 Seat Licenses on the “Agency” plan. In addition, Snapwire, in its sole discretion, may review any Content submitted by Sellers as part of a Request or uploaded to their profile or the Marketplace. Sellers have a right to exclude their Content from such Marketplace offering on their profile account. A Seller's earning is determined by the price of the Subscription plan and is detailed on the Service's Payout page.

Straight Talk: We may choose some of your Content for our library called the 'Marketplace' and sell them in a Subscription. Sellers can opt out of selling on our website.

Snapwire may choose Content from the Marketplace to be designated as “Premium Content”. 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 Content 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 Content as 'Premium' you promise to only let us license it on your behalf.

Profile Content

More information regarding use of your profile, managing your Profile Content and maximizing your licensing opportunities, can be found in our FAQ's. Our creative editors review all Content before it can be submitted in response to a Buyer's request. This ensures the highest quality standards for Buyers. Please do not include watermarks in uploaded Content as it may cause your Content to be unmarketable. All Content uploaded to Snapwire are automatically watermarked and you agree that the Snapwire watermark may be included with your Content. When a Buyer licenses Content as part of the Service the watermark is removed when the Content is downloaded.

Straight Talk: Shots 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

Other than any watermarks, Snapwire will not knowingly 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 Content for editorial use, you will provide attribution to the selling Creator. 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 promote you and your Content. 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 Content may be licensed from the Marketplace and through our partners sites 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 download or license under a Subscription or other agreement by a Buyer, 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 Licenses 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 Content as described above - they never ever own them.

By way of example only, and unless an additional rights are granted, as part of the standard 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 Content 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 files and pitch it to their clients.

Sellers' Grant to Optional Buyout

In the case of an assignment of copyright to the Content (“Buyout”) , the Seller grants all right, title and interest in and to the Content including any Copyright and Moral Rights to the Buyer, and agrees to appoint Snapwire as its sole representative for such purpose. Moral Rights shall mean any rights to claim authorship of an item of Content, to object to or prevent any modification of Content, to withdraw from circulation or control the publication or distribution of Content, 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.” Any Seller who agrees to have Content assigned to the Buyer for a Buyout shall warrant and represent that it is the exclusive owner of the selected or commissioned Content and that it has authorized Snapwire on its behalf to, assigns all rights and title to the Content to the Buyer. Snapwire, on behalf of Seller is authorized by Seller to transfer all rights to Content acquired or commissioned by a Buyer, pursuant to the terms of the Content Purchase Agreement. Subject to Seller full consent as defined in the Content Purchase Agreement, and in consideration of full payment by the Buyer, the Buyer may acquire all rights to the Content, and if applicable the Content shall be considered Works Made For Hire, or an assignment of all rights. 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, even after termination of this Agreement. If Snapwire obtains custom assignment work for any Seller, Seller agrees that all costs to perform all assignments is his or her responsibility, will use the highest professional standards and shall comply with all customer instructions and requirements, including any reasonable requirements to make modifications. Seller also agrees that Content is restricted from personal use with out prior written permission. In the event any Content is rejected or the Buyer elects to terminate, Buyer will only be obligated to pay Seller all fees and expenses relating to the services performed in creating the requested Content prior to termination. More information about Content buyout is available in our FAQ's.

Straight Talk: Buyers can optionally purchase the full rights of Content. Commissioned, localized Requests may require the purchase of copyright if Seller agrees to it. When you sell, you can't even use it for personal promotional reasons

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 Content and (optionally) make sure no one else can if they pay extra. Sellers will get paid lots more 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 FAQ's for more information regarding management of Your Content and your profile.

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

Compensation

For any Content licensed, the Buyer agrees to pay the amount posted on the Request or the predetermined amount associated with the Content ("License Fee") in US Dollar or the agreed upon Subscription fee in accordance with the Subscription Package acquired. 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 a Seller requests a payout, it currently averages up to 15 business days to receive money in a 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.

Straight Talk: Creators keep 100% of the sale on a Request or Challenge, 50% of any pro-rata download when a shot 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 according to the applicable Subscription agreement; or when a Buyer submits payment; 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 Creators 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 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 Creators 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 exclusively 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 by any third-party. 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 Content is 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

Other than as provided below, 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 a single arbitrator 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 Parties agree that the location for arbitration shall be Santa Barbara California. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees to the prevailing party 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 applicable 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. Other than claims subject to arbitration above, for any action at law or in equity of, 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, or any applicable Content Purchase Agreement 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

Snapwire Media, Inc. (“Company”, “we”, or “Us”) is committed to respecting your privacy. This Privacy Policy describes how Company collects, uses, and retains personal information to enable us to do business with you and improve our services. “Personal Information” includes any information that relates to, identifies, or can be used to identify, contact, or locate the person to whom such information pertains.

The terms of this policy apply to all of Company’s mobile applications and website applications and the Company’s website: https://www.snapwi.re/ (collectively the “Site”), unless different terms are otherwise specified or provided to you.

By using this Site, you understand and agree to the terms of this Privacy Policy. This Site is operated in the United States, California and may be accessed abroad. For data protection purposes, Company is the controller and, unless otherwise noted, is also the processor of data. Personal Information collected may be retained, and may be stored, processed, accessed, and used in jurisdictions whose privacy laws may be different and less protective than those of your home jurisdiction.

We do not sell, rent, or share your Personal Information to or with third parties in any way other than as disclosed in this Privacy Policy.

UPDATING YOUR PERSONAL INFORMATION AND PRIVACY PREFERENCES

Upon request Company will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information please contact us at privacy [at] snapwi.re.

You have the right to access and correct or revise your Personal Information and privacy preferences at any time by visiting the “user profile” section of the Site and/or by contacting us at privacy [at] snapwi.re. We will respond to your request within a reasonable period of time.

WHAT PERSONAL INFORMATION WE COLLECT AND RETAIN FROM CUSTOMERS

When you visit this Site some Personal Information may be collected automatically as part of the Site’s operation. This information may include your IP (Internet Protocol), your browser type, access times, the website that referred you to us, and navigational information such as the pages you view on the Site. We collect information about your use of the Site and our other customers in the aggregate to learn more about how our Site is used by our customers in order to improve our service and our Site.

When you register online with us, we collect the Personal Information you provide to us, including your name, address, job title, company name and company type, phone number, email address, password, and various social media usernames you provide. You may choose not to provide this information by not registering with us, however certain products and services on the Site are only available to you upon registration. Registration enables you to access the services we provide and in some cases, higher resolution content and to enter into a license to use content for comp purposes.

If you use our mobile apps, we collect information on the type of device you use, and operating system version. We do not ask for, access, or track any location-based information from your mobile device at any time.

If a password is used to protect your account and Personal Information, it is your responsibility to keep your password confidential.

PERSONAL INFORMATION WE COLLECT AND RETAIN FROM CONTRIBUTORS

In addition to the Personal Information collected from general users of the Site, if you contribute content to us for licensing or request a payment for content you have licensed to others you may be asked to provide your Personal Information such as your name, phone number, primary address, and email address. We may verify this information by asking you to upload a scan of a government issued ID (which may be stored securely on our servers), or provide a credit card number.

In order to pay you and report sales to you, you will be asked to provide certain Personal Information such as payment information, payment method, payment emails, tax information; bank routing details, paypal account information and the addresses associated with such information.

Some of this information is mandatory and if you choose not to disclose, we may not be able to engage in any activity with you.

HOW WE USE YOUR PERSONAL INFORMATION

When you license content from us, we collect your username, password, full name, telephone number, email address and postal address, company name, company title, credit card number, and other Personal Information to process your orders and complete the license transaction, for license transaction history record keeping purposes, or to receive products or services. Your email address is used to confirm the licensing transaction.

We may contact you using your email or other Personal Information to respond to customer requests and inform you of special offers services.

We may ask you questions relating to your user preferences in order to better serve you and improve the use of our Site. Providing information regarding your usage and preferences is always voluntary.

We may contact you to administer promotions or sweepstakes you enter and notify you of the results.

We collect Personal Information regarding your orders, your use of the Site, and other account information as part of your sales history with us.

We may disclose to carefully-chosen third parties navigational and transactional information in the form of anonymous, aggregate usage statistics and demographics, but only in forms that do not reveal your identity or other confidential information.

We may contact you to investigate or take any action regarding illegal activity or any violations of our terms of service.

We may disclose Personal Information if required by law (for example, to comply with a subpoena, warrant, court order, or legal process) or when necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. We may also disclose information about you if we determine that such disclosure should be made for reasons of national security, law enforcement, or other issues of public importance.

DATA RETENTION

We will retain your Personal Information for as long as your account is active, your information is needed to provide you services, or as required to fulfill our legal obligations, resolve disputes, and enforce our agreements. If you wish to delete your account or request that we no longer use your information to provide you services contact us at privacy [at] snapwi.re. We will respond to your request within 30 days.

If you are a contributor and have submitted model releases with any content, we will retain the releases to comply with our legal obligations, dispute resolutions, licensing transactions, or to enforce our contractual obligations. We do not publicly disclose any Personal Information regarding any model.

ABOUT COOKIES

When you visit Company’s Site, a text file called a cookie is placed in the browser directory of your computer’s hard drive. A cookie is information that a website can store on your web browser and later retrieve. The information that cookies collect includes the date and time of your visit, your registration information and your navigational and licensing information. It allows the web browser to recognize the pages you have been to when you are visiting the Site and allows you to quickly return to viewed pages. We may also use “web beacons” that monitor your use of our Site. 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 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.

You may adjust your browser to reject cookies from us or from any other website. 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 Site 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.

DIRECT MARKETING

If at any time you decide that you do not want to receive marketing emails from us you will have the option of opting out and/or un-subscribing from our emails and mailing lists by adjusting your “Personal Information Preferences” as follows: (1) checking or un-checking the appropriate box on our user account settings and visiting the “notifications” tab located here: https://www.snapwi.re/account/settings form; (2) contacting us at hello [at] snapwi.re; or (3) sending an email to privacy [at] snapwi.re. If you chose not to receive marketing emails, you may continue to receive transactional or account emails (e.g., purchase confirmations and account balance statements).

FORUMS & OTHER INTERACTIVE SERVICES

Our websites may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites (“Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by others. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to remove a posting, please email us at privacy [at] snapwi.re. Keep in mind that removal of a posting from an Interactive Area does not mean that the posting will be deleted from our systems.

SECURITY OF OUR DATA

Whenever you submit an order to Company, you can do so over a secure (i.e., encrypted) connection. This ensures that your personal information is not at risk. Additionally, we encrypt your credit card information and store it in a secure location, which can be accessed only by authorized personnel. As no method of transmission over the Internet, or method of electronic storage is 100% secure, while Company uses commercially reasonable methods to protect your personal information, we cannot guarantee that it is absolutely secure. In the unlikely event that an unauthorized third-party compromises Company’s security measures, Company will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate your information.

REVIEWING, UPDATING, OR CORRECTING YOUR INFORMATION

If at any point you wish to access your personal information to (1) change your preferences, (2) review the accuracy, or (3) correct, supplement or modify your information, you may make a written request to hello [at] snapwi.re.

CHANGES IN PRIVACY POLICY

Company reserves the right to amend the Privacy Policy from time to time at its sole discretion and will provide notice by email or on the home page of the Site when we make material changes to this Privacy Policy prior to the change becoming effective.

LINKS TO THIRD PARTY SITES

Our Site includes links to other sites whose privacy practices may differ from those of Company. If you submit personal information to any of those sites, your information is governed by their privacy policies. Please review the privacy policy of any website you visit.

SOCIAL MEDIA

On some pages, we allow you to share Personal Information with third parties, such as social networks like Facebook. In these instances, you are agreeing to the data being shared and the shared data is subject to the privacy policies of the third parties. We do not control and do not assume any responsibility for the use of personal information by such third parties. For more information about the third party’s purpose and scope of their use of personal information in connection with sharing features, please visit the privacy policies of such third parties.

REFERRAL PROGRAM EMAILS

If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Your friend may contact privacy [at] snapwi.re to request that we remove this information from our database.

CHILDREN

We do not intend to solicit or collect Personal Information from anyone under the age of 18. If you are under 18, do not enter information on this site or engage our services. If you believe a child of yours under the age of 18 has entered Personal Information please contact privacy [at] snapwi.re to have the data removed and terminate the child’s account.

CONTACT INFORMATION

Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their Personal Information. Subject to any exemptions provided by law, if you live in this area you have the right to request access to your Personal Information, as well as to seek to update, delete, or correct this Information.

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, you can contact our Data Protection Officer at privacy [at] snapwi.re.

You can contact Company by emailing hello [at] snapwi.re, mailing to us at Snapwire Media, Inc. 3905 State Street, Ste 7-510 Santa Barbara, CA 93105 or by phone.

PRIVACY SHIELD

Company has certified under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks (individually and collectively, “Privacy Shield”). Company complies with the Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, transfer and retention of personal information from European Union member countries and Switzerland. Company has certified that it adheres to the Privacy Shield based on Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. To learn more about the Privacy Shield programs, and to view our certification pages, please visit https://www.privacyshield.gov/. If you would like to exercise any of your data protection rights (including the right to have your personal information disclosed or deleted), please contact us using the “Contact Information” below in the Footer of this Website.

U.S. FEDERAL TRADE COMMISSION ENFORCEMENT

Company’s commitments under the Privacy Shield are subject to the investigatory and enforcement powers of the United States Federal Trade Commission.

Effective: May 24th, 2018 through Today.