These Terms govern
- the use of HeySnap.co, and,
- any other related Agreement or legal relationship with the Hey Snap, Inc.
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
We ask that you read this document carefully.
What you should know at a glance
- Please note that some clauses in these Terms may only apply to specific categories of Users. Those limitations are always explicitly mentioned within each affected clause. If those terms are not specified, clauses apply to all Users.
Single or additional conditions of use or access may apply in specific scenarios and, in such cases, are additionally noted within this document.
By using HeySnap.co, you confirm that there are no restrictions for Users in being Consumers or Business Users.
Content on HeySnap.co
Unless where otherwise specified or clearly recognizable, all content available on HeySnap.co is owned or provided by Hey Snap, LLC or its licensors.
We take the utmost effort to ensure that the content provided on HeySnap.co infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives to enforce your rights, you are kindly asked to report related complaints using the contact details provided in this document.
Rights regarding content on HeySnap.co - All rights reserved
Hey Snap, LLC holds and reserves all intellectual property rights for any such content.
Therefore, you may not use such content in any way that is unnecessary or implicit in the Service’s proper use.
In particular, but without limitation, you may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on HeySnap.co, nor allow any third party to do so through your or their device, even without your knowledge.
Where explicitly stated on HeySnap.co, you may download, copy and/or share some content available through HeySnap.co for your sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by HeySnap, LLC are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through HeySnap.co, you may have access to external resources provided by third parties. You acknowledge and accept that Hey Snap, LLC has no control over such resources and is not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
HeySnap.co and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
As a user of HeySnap.co, you are solely responsible for making sure that your use of HeySnap.co and/or the Service violates no applicable law, regulations, or third-party rights.
Therefore, Hey Snap, LLC reserves the right to take any appropriate measure to protect our legitimate interests, including by denying access to HeySnap.co or the Service, terminating contracts, reporting any misconduct performed through HeySnap.co or the Service to the competent authorities – such as judicial or administrative authorities - whenever you engage or are suspected of engaging in any of the following activities:
- violate laws, regulations, and/or these Terms;
- infringe any third-party rights;
- considerably impair Hey Snap, LLC's legitimate interests;
- offend Hey Snap, LLC or any third party.
Liability and indemnification
Limitation of liability
Nothing in these Terms excludes, restricts, or modifies any rights you may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and cannot be excluded, restricted, or modified (non-excludable right).
Disclaimer of Warranties
HeySnap.co is provided strictly on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, Hey Snap, LLC expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Whether oral or written, no advice or information obtained by a user from the owner or through the Service will create any warranty not expressly stated herein.
Without limiting the preceding, Hey Snap, LLC, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet a users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk. Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
Hey Snap, LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or Service, and Hey Snap, LLC shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
The Service may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. Hey Snap, LLC cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
In some states and other jurisdictions, federal law does not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall Hey Snap, LLC, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
- any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
- any unauthorized access to or use of Hey Snap, Inc.’s secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall Hey Snap, LLC, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to Hey Snap, LLC hereunder in the preceding 12 months, or the period of duration of this Agreement between Hey Snap, LLC and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.
Some jurisdictions do not exclude or limit incidental or consequential damages; therefore, the above limitations or exclusions may not apply to the User. The terms give the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The User agrees to defend, indemnify and hold Hey Snap, LLC and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of and access to the Service, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties outlined in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s breach of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measures, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s willful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.
Hey Snap, LLC’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Hey Snap, LLC reserves the right to interrupt the Service for maintenance, system updates, or any other changes to ensure the best possible service level, informing the Users appropriately.
Within the law’s limits, Hey Snap, LLC may also decide to suspend or terminate the Service altogether. If the Service is terminated, Hey Snap, LLC will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside Hey Snap, LLC’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of HeySnap.co and of its Service without the Hey Snap, LLC's express prior written permission, granted either directly or through a legitimate reselling program.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to HeySnap.co are the exclusive property of Hey Snap, LLC or its licensors and are subject to the protection granted by applicable laws or international treaties concerning intellectual property.
All trademarks — nominal or symbolic — and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with HeySnap.co are, and remain, the exclusive property of Hey Snap, LLC or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
Hey Snap, LLC reserves the right to amend or otherwise modify these Terms at any time. In such cases, Hey Snap, LLC will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User in the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship before the User’s acceptance. The User can obtain any prior version from Hey Snap, LLC.
If required by applicable law, Hey Snap, LLC will specify the date by which the modified Terms will enter into force.
Assignment of contract
Hey Snap, LLC reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way without Hey Snap, LLC’s written permission.
All communications relating to the use of HeySnap.co must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the remaining provisions’ validity, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and Hey Snap, LLC concerning the subject matter hereof and supersede all other communications, including but not limited to all prior agreements, between the parties concerning such subject matter. These Terms will be enforced to the fullest extent permitted by law.
Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions, thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity, or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement unless the severed clauses are essential to the Agreement or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where Hey Snap, LLC is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides a higher consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where Hey Snap, LLC is based, as displayed in this document’s relevant section.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.
Definitions and legal references
HeySnap.co (or this Application)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Owner (or We)
Indicates the natural person(s) or legal entity that provides HeySnap.co and/or the Service to Users.
The service provided by HeySnap.co as described in these Terms and on HeySnap.co.
All provisions applicable to the use of HeySnap.co and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using HeySnap.co.
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft, or profession.
HeySnap.co is provided by:
Snap Creative, LLC - 901 Phyllis Drive, New Castle, IN 47362
Hey Snap, LLC contact email: firstname.lastname@example.org