© SnowShoe 2018
Welcome to the SnowShoe Stamp website, located at [http://snowshoestamp.com , http://beta.snowshoestamp.com or http://snow.sh] (the “Site”). This terms of service (this “TOS”) governs your use of the Site, any Content (as defined below), interactive features, services, and communications provided on or through the Site (collectively, the “Services”). This TOS is a legally binding agreement between you (“you”) and SnowShoeFood, Inc. (“Company,” “we,” or “us”). By using the Services, you agree that you understand and consent to be bound by this TOS. If you do not agree to this TOS, please do not use the Services and exit the Site immediately.
WE RESERVE THE RIGHT TO MODIFY OR AMEND THIS TOS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF SUCH CHANGES WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THIS TOS WILL APPLY RETROACTIVELY.
OWNERSHIP; RESTRICTIONS ON USE
All of the content featured or displayed on the Site, including without limitation the SnowShoe hardware identification API (including any server-side service hosted by SnowShoe that extends the functionality of the SnowShoe hardware identification API, collectively, the “Company API”), all files, documents, text, photographs, images, audio, and moving images, and illustrations (collectively, the “Content”) is owned by Company or its licensors, vendors, agents or Content providers. For the avoidance of doubt, “Content” does not include any software provided to you to download from our client libraries, which is governed by its End User License Agreement. All elements of the Services are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
Except as otherwise explicitly granted in the “License” section, below, (a) you are authorized to view, play, print and download documents, audio and video found on our Site for personal, informational, and noncommercial purposes only and (b) you may not modify any of the Content and may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content contained on the Site. You will not access or attempt to access Content through any interface except for the interfaces provided by Company. Except as authorized under copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on or through the Services.
You may not use automated systems (e.g., robots, spiders, etc.) to access the Services. You agree not to collect personally identifiable information of other users of the Services or to sell or otherwise exploit that information. You agree not to use the Services in any manner that could damage, disable, overburden or impair the Services.
Any rights not expressly granted in this TOS are reserved by Company and/or its vendors and licensors.
Subject to the terms and conditions of this TOS (including but not limited to those regarding payment, as set forth in the “Payments” section, below), Company grants you a limited, revocable, non-exclusive, non-transferable, non-assignable license to access and make commercial use of the Company API, solely as it relates to the development of your application utilizing the Company authentication stamp hardware.
All trademarks, service marks and trade names of Company used herein (including but not limited to: the Company name, the Company corporate logo, the Site name, the Site design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on or through the Services, without Company's prior written consent. The use of Company trademarks on any other web site or networked computer environment is not allowed.
Charges for any products or services offered through the Services will be as set forth on our Pricing Page, as such page may be updated from time to time (the “Fees”). You will pay all such Fees for products or services ordered by you in U.S. funds by credit card or other mutually agreed process. Additionally, you shall pay or reimburse us for all sales, use, transfer, privilege, excise, and all other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed specifically by reason of the performance by Company under this TOS; excluding, however, taxes measured by Company’s profits, Company’s overall sales, employment and similar taxes incurred in connection with persons performing services for Company, and property or other taxes measured in whole or in part by the value of Company’s assets.
ACCURACY AND INTEGRITY OF INFORMATION
Although Company attempts to ensure the integrity and accurateness of the Services, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Services. It is possible that the Services could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Services by third parties. Information and/or Content provided through the Services may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content provided through the Services from any non-Company affiliated third party.
ACCESS TO SITE
You understand that you may need to create an account to have access to all of the parts of the Services, including certain protected areas that will require your use of a user ID and password (“Protected Areas”). In consideration of your use of the Services, you will: (a) provide true, accurate, current and complete information about yourself and/or your business as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree to access Protected Areas using only your user ID and password as provided to you by Company. Furthermore, you agree to protect the confidentiality of your user ID and password, not to share or disclose your user ID or password to any third party, and to promptly notify Company in the event you become aware your user ID or password may have been disclosed to an unauthorized third party or otherwise compromised. Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information. You acknowledge and agree that you are entirely responsible for any and all activities that occur under your account.
SUBMISSIONS/UPLOADS TO THE SERVICES
If you submit or upload any information or files to the Services (“Submissions”), you agree not to (a) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) submit or upload anything that violates the copyright or intellectual property rights of any person or entity, (c) post or transmit a virus or any other harmful component, or (d) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.
Furthermore, you acknowledge and agree that we have the right in our sole discretion to remove or block any Submissions at any time where (a) such Submissions violate applicable laws, regulations, orders, or is in violation of our applicable policies and procedures, including without limitation any acceptable use policies; (b) removal or blocking is necessary because of exigent circumstances or to protect the safety, security, reputation, or integrity of the Services, Company, or any third party; or (c) in order to respond to law enforcement or any other governmental authority.
Company shall have a non-exclusive, worldwide, perpetual, royalty free, irrevocable right and license to use Submissions for any purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such Submissions. You will have sole responsibility for ensuring that the Submissions do not infringe or violate any right of any third party. You release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your Submissions, including without limitation all claims for theft of ideas or copyright infringement.
As provided in the Digital Millennium Copyright Act (DMCA), we have designated the following individual for notification of potential copyright infringement regarding the Services:
422 NW 13th, #704
Portland, Oregon 97209
If you believe any content available through the Services infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):
A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMER OF WARRANTIES
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, INCLUDING ANY WEBSITES HYPERLINKED TO THE SERVICES. COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES ARE PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SERVICES. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SERVICES.
LIMITATION OF LIABILITY REGARDING USE OF SERVICES
COMPANY AND ITS AFFILIATES, VENDORS, LICENSORS, DEALERS, AND ANY THIRD PARTIES MENTIONED ON OR THROUGH THE SERVICES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY WEBSITE HYPERLINKED TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR HYPERLINKED WEBSITES IS TO STOP USING THEM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Services or your placement or transmission of any message or information on the Services by you or your authorized users; (ii) your violation of any term of this TOS, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claims or damages that arise as a result of any Submission that you provide to Company; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
You are responsible for saving all data, prototypes, work in progress, and apps to its own storage. Company disclaims any and all responsibility for any loss of data, prototypes, work in progress, or apps from the Services. You acknowledge that data conversion, processing and manipulation are subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media that may give rise to loss or damage. To the extent within its control, you are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of input data; examining and confirming results prior to use; and adopting procedures to identify and correct errors and omissions, replace lost or damaged media, and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data. In the event of termination of this TOS or disconnection of the Services, we may delete or store, in our discretion, any files, programs, data or messages associated with your account.
LINKS TO OTHER SITES
Company makes no representations whatsoever about any other website that you may access through the Services. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a hyperlink to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the Services, you do this entirely at your own risk.
Although the Services may be accessible worldwide, we make no representation that materials provided on or through the Services are appropriate or available for use in locations outside the United States, and accessing the Services from territories where its use is illegal is prohibited.
The term of this TOS commences upon acceptance by you, and will continue in full force and effect until terminated. You or we may suspend or terminate your account or your use of the Services at any time, for any reason or for no reason and with or without notice. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to the Services in the event that (a) you breach this TOS; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Upon any termination of this TOS, all rights and obligations of the parties under this TOS will be extinguished, except that (a) the rights and obligations regarding the payment of taxes, indemnity, disclaimers of warranties, limitation of liability, general provisions and any other provisions that by their sense or context are intended to survive the performance of the TOS will survive the termination of the TOS, and (b) you shall pay all unpaid and outstanding Fees incurred through the effective date of termination of the TOS.
Company shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Services any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you relating to the operation of the Services. In the event that any of this TOS is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this TOS shall otherwise remain in full force and effect. This TOS constitutes the entire agreement between Company and you pertaining to the subject matter hereof. In the event of any dispute or claim relating to the Services or this TOS, you agree to resolution of such dispute in the state or federal courts located in Dane County, Wisconsin in accordance with Wisconsin and Federal law. Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.