Terms & Conditions
SNIPP MOBILE MARKETING AND MESSAGING SERVICES TERMS AND CONDITIONS
Ts & Cs for 811811 | Ts & Cs for 76477
WHO WE ARE / DESCRIPTION OF SERVICE
The Snipp service as provided by Snipp Interactive is a mobile query service that allows consumers to react to keywords and images presented by marketers to engage and interact with specific marketing programs and campaigns as conceptualized by marketers and implemented by us. In all situations the consumer must first either text a keyword to the SNIPP shortcodes 811811 or take a photo of an image specified by the marketer and send it in by messaging (MMS) to 811811 to engage with that specific marketing program. Message and data rates may apply. You will receive 2 messages/query. You will NEVER receive unsolicited messages and the ONLY times you will receive messages are when you text in keywords. You can always text HELP for help or STOP to cancel.
SNIPP INTERACTIVE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE PROVIDED THROUGH THIS WEBSITE, AND DISCLAIMS ALL WARRANTIES REGARDING THIS SERVICE. THE QUALITY, INCLUDING THE SPEED, OF THE SERVICE PROVIDED THROUGH THIS WEBSITE WILL VARY DUE TO THE PERFORMANCE OF CERTAIN SYSTEMS THAT AFFECT THE INTERNET AND SNIPP INTERACTIVE’S WIRELESS NETWORK. SNIPP INTERACTIVE IS NOT RESPONSIBLE FOR ANY ACTS THAT ARE BEYOND SNIPP INTERACTIVE’S CONTROL, INCLUDING WITHOUT LIMITATION THE ACTS OF THIRD PARTIES. IN THE EVENT YOU HAVE AN URGENT OR EMERGENCY MESSAGE THAT YOU ARE TRYING TO SEND, SNIPP INTERACTIVE STRONGLY RECOMMENDS THAT YOU ALSO SEND THE MESSAGE THROUGH ANOTHER SOURCE.
USER REGISTRATION, PASSWORD AND SECURITY
You may unsubscribe from the SNIPP INTERACTIVE service at any time by logging into your account. You will then be able to de-activate your account by updating your account settings. You will need to know your email address and password you entered at the time of registration to login to your account. Your unsubscription request will be processed automatically upon request. You can re-activate your account at any time by logging into your account and unchecking and changing the account settings. Alternately, to opt-out from our SMS service, you can text STOP into 811811 from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately (message and data rates may apply). You will not receive any additional messages until you re-activate your account on our website.
HELP AND SUPPORT
To get assistance, email us at email@example.com, or call our toll free number at 1-888-99-SNIPP (1-888-99-76477). From your mobile phone, you may request our contact information at any time by texting HELP into 811811 (message and data rates may apply).
You agree to use the Service in accordance with the following Code of Conduct:
You will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, nudity, pornographic, obscene, or offensive language or images;
You will not use the Service to infringe the privacy rights, property rights, or any other rights of any person.
You will not post messages, pictures or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any patent, trade secret, copyright or privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law. You will not post or transmit in any manner any contact information including, but not limited to, telephone numbers, postal addresses, e-mail addresses, web sites, or full names through your publicly posted information.
You will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
You will not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Snipp Interactive and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
AGE REQUIREMENT AND LIMITATION ON USE OF SERVICES
Users of the Services must be at least 13 years of age.
Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by Snipp Interactive. If Snipp Interactive determines that it has collected personal information of children under the age of 13, Snipp Interactive will immediately delete such information.
If you are between the ages of 18 and 13 and you use our Services, you promise and agree that you have your parent’s permission to use the Services.
SNIPP INTERACTIVE reserves the right, in its sole discretion, to immediately terminate your subscription and access to any or all SNIPP INTERACTIVE services at any time, without notice. SNIPP INTERACTIVE shall have no obligation to maintain any content or to forward any unread, unsent or past messages to you. You agree that any all termination shall be made in Snipp Interactive’s sole discretion and that Snipp Interactive shall not be liable to you or any third-party for any termination of your account or access to the Service.
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
USAGE OF COOKIES
You agree to indemnify and hold us, our subsidiaries, partners, officers, directors, affiliates, employees and agents, harmless from any claim, loss or damages, including without limitation reasonable legal fees, arising from your activities on or use of the Service, including without limitation any breach by you of this Agreement, your connection to the Service or your violation of the rights of another. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
You acknowledge and agree that all materials contained in the Site and the Service are the copyrighted property of Snipp Interactive or its licensors. The Site, the Service and all the content contained thereon or accessible through it (including, without limitation, text, images, photographs, graphics, artwork, music, audio clips, video clips, software, logos, trademarks, and trade names), the Site’s look and feel, its design and organization, the arrangement, collection and compilation of the foregoing (collectively, the “Site Content”), and all the intellectual property rights embodied in or arising from any of the foregoing (including without limitation, copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other proprietary rights) are and shall remain the sole and exclusive property of Snipp Interactive or its licensors.
You further acknowledge and agree that all trademarks, brands and service marks used in conjunction with the Service by Snipp Interactive, including the Snipp Interactive and Snipp logos, shall be the property of Snipp Interactive.
User Content means any Content created or contributed to the Site by any user of the Services. You acknowledge and agree that if you contribute any User Content, including any widgets, you grant to Snipp Interactive a perpetual, non-exclusive worldwide, royalty-free, transferable right and license to use in any way such User Content (including all related intellectual property rights) to provide the Services.
The Service may contain links to other Internet sites, resources and members of the Service. SNIPP INTERACTIVE is not responsible for the availability of these outside resources, or their contents, and does not endorse (and is not responsible for) any of the contents, advertising, products or other materials on such sites. Under no circumstances shall SNIPP INTERACTIVE, be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
FEES FOR SUBSCRIBERS
All SNIPP INTERACTIVE text messages sent and received by consumers incur standard SMS charges according to your specific wireless plan. Your carrier may also charge additional service fees for text messaging (including sending and receiving messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. We recommend that you check with your wireless carrier to verify the fees that may apply to your wireless device plan. SNIPP INTERACTIVE does not endorse or recommend the services of any wireless carrier. The wireless carrier is solely responsible for the services it provides to you, and you are responsible for the agreement you have with your carrier. Under no circumstances will we be responsible for fees that your wireless carrier may charge you.
LIST OF SUPPORTED CARRIERS
At this time, the services provided by Snipp Interactive are compatible with the following wireless carriers:
- Verizon Wireless
- Metro PCS (SMS Only)
- U.S. Cellular
- Virgin Mobile
Please note that the list of compatible wireless carriers may change at any time and without customer notification. For a copy of the most current list of compatible wireless carriers please email firstname.lastname@example.org
DISCLAIMER OF WARRANTIES
THE CONTENT, INFORMATION AND OTHER MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND DENIED. SNIPP INTERACTIVE DOES NOT MAKE ANY WARRANTY (I) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND OR (III) THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SNIPP INTERACTIVE DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ADVERTISED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SNIPP INTERACTIVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE – DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Ability to receive messages in any geographic area is not an indication that you can send messages. You will be billed for all sent messages, unless you receive an error message on your phone. There is no guarantee of actual delivery or delivery within a specific period of time. If your phone is turned off, your phone’s memory is full, or you are outside the Text Messaging service area, the network will store and re-send any message. All Cellular carriers have different timelines for resending messages. Maximum message length is up to 160 characters, which includes your mobile domain name. If you have per line call blocking on your account your phone number will still transmit as part of an text message. You can only send short messages in select geographic areas. You may incur additional charges when roaming. Additional charges apply when sending international text messages. You understand and agree that your alerts may be delayed or prevented by a variety of factors. We neither guarantee the delivery nor the accuracy of the contents of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance of an alert.
This Agreement constitutes the complete and exclusive agreement between the SNIPP INTERACTIVE and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
The TOS and the relationship between you and Snipp Interactive shall be governed by the laws of New York without regard to its conflict of law provisions. You and Snipp Interactive agree to submit to the personal and exclusive jurisdiction of the courts located the international court of the Hague, Geneva.
You agree that your SNIPP INTERACTIVE account is non-transferable and any rights to your Snipp Interactive or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Please report any violations to email@example.com.