Snapper.Photo

By using or visiting the Snapper Photo website together with all content available through the Snapper.Photo domain name, operated or controlled by Snapper Photo (Pty) Ltd (referred to herein as the “Snapper Website”), or submitting content to the Snapper Website, you agree to be bound by and comply with the terms and conditions set forth in this document and in any changes hereto that Snapper Photo may publish from time to time (collectively, the “Terms of Use”) The Terms of Use apply to all users of the Website. If you do not agree to these Terms & and Conditions, and the Privacy Policy, then please do not use the Snapper Website. Furthermore, we encouraged you to keep a copy of these terms of use for your records.

  • The Snapper.Photo service offering

Snapper.Photo is an online community focused on providing anyone with an interest in the world of photography a simple, safe and secure environment to manage, host, protect, share, sell and purchase digital photographs, services and related products. For the professional, semi-professional photographers and graphic artists it is our aim to provide you with a “no fuss” inexpensive, quality focused environment to promote, protect and sell your work, allowing you time to focus on your creative art.

We will continue to add services and features as we grow towards our strategic goal of becoming the premier on-line photographic website in South Africa. It is with your help and support that we will achieve this goal.

  • The Snapper Photo Website and Third Party Websites

The Terms of Use apply to all users of the Snapper Website, including users who store and upload image content, information, and other materials or services on the Snapper Website whether it be for private management and safekeeping, selective or open sharing & or selling, The Snapper Website may contain links to third party websites that are not owned or controlled by Snapper Photo (Pty) Ltd. (hereinafter referred to as “Snapper”). Snapper has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Snapper will not and cannot censor or edit the content of any third-party site. By using the Snapper Website, you expressly relieve and release Snapper from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Snapper Website and to read the terms and conditions and privacy policy of each other website that you visit.

  • Use of the Snapper Website
    • Snapper hereby grants you permission and you agree to accept such permission to use the Snapper Website as set forth in the Terms of Use, provided that:
      1. Your use shall not violate any law, regulation or statute in any applicable jurisdiction
      2. your use of the Snapper Website as permitted is solely for the intended purpose
      3. you will not copy or distribute any part of the Snapper Website in any medium without Snapper’s prior written authorization;
      4. you shall not upload any content that is obscene, vulgar, pornographic, slanderous or defamatory,
      5. you shall not upload any electronic files that contains or constitutes viruses, worms, Trojan Horses or other code with malicious, disruptive and/or destructive features
      6. you will not alter or modify any part of the Snapper Website other than as may be reasonably necessary to use the Snapper Website for its intended purpose; and
      7. you will otherwise comply with the terms and conditions of the Terms of Use. This permission for use of the Snapper Website may be revoked at any time in Snapper’s sole discretion.
    • In order to access some features of the Snapper Website, you are required to create an account with Snapper.
      1. When creating your account, you must provide true, accurate, current and complete information about yourself. You also agree to keep this information up to date at all times.
      2. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
      3. You may never use another’s account without that user’s permission.
      4. You must notify Snapper immediately of any breach of security or unauthorized use of your account. Although Snapper will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Snapper or others due to such unauthorized use.
    • Snapper grants the operators of public search engines permission and license to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Snapper reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Snapper Website, nor to use the communication systems provided by the Snapper Website for any commercial solicitation purposes outside of the intended use. You agree not to solicit, for commercial purposes, any users of the Snapper Website with respect to their User Submissions. All website products and services are void where prohibited by law.

 

  • Snapper PhotoManager Subscriptions
    • A Snapper PhotoManager Subscription is required if you wish to; manage, organise, upload, protect and sell your photographs. You will need to provide Snapper with the details of a valid credit card, and we will charge that card for the subscription fee applicable to the subscription selected by you. Your subscription will be set for auto renewal unless you change the auto renewal setting within the My Account settings. Your membership period will begin on the date that payment is rendered. All prices are in South African Rand and may be changed without prior notice.

Snapper may terminate your membership if we are unable to process your payment.

 

  • You may request termination to your membership at any time by sending an email to accounts@snapper.photo and providing a clear written notice of such request including your username and password. All subscription fees are non-refundable, and upon voluntary or involuntary termination, discontinuation or cancellation of a membership for any reason, you will not receive a refund for any membership fee previously charged or any unused portion of the membership subscription.
  • Snapper may give notice of termination to you in writing at any time. After notice of termination, you authorize Snapper to complete any transactions in progress in relation to your membership account, which we will do on the terms of these Terms of Use. Termination will take effect once all transactions have been completed. Snapper will then delete (permanently remove) all images relating to your account

 

  • Intellectual Property Rights
    • Snapper does not claim ownership of Content (as defined below) that you (hereinafter referred to as “User” or “you”) upload, hosting, share or sell on the Snapper Website. User affirms, represents and warrants that the User owns (and/or otherwise has the right to submit) the Content submitted or made available by the user on the Snapper Website, and such ownership is retained by User at all times (you always maintain the rights to your uploads). With respect to Content you submit or make available in your gallery and/or for inclusion on publicly accessible areas and/or other areas of the Snapper Website, you affirm, represent and warrant that you have the legal power and authority to, and do, grant to Snapper, as well as Snapper’s Partners and Sponsors
      1. the right to display the Content on the Snapper Website
      2. the right to use the Content to promote the Snapper Website
      3. the right to engage in all of the acts as set forth below, as applicable.

 

  • Photo Submissions for Public Viewing & Sale
    • Snapper permits or may in the future permit the submission of photographs, motion pictures, videos, other audio-visual works, literary works, and/or image files and/or other communications by you and other users (“User Submissions”) for public viewing and/or sale either by means of the “Gallery” or “Event” identifiers of an album. You understand that whether or not such Photo Submissions are published or sold, Snapper does not guarantee any confidentiality with respect to any such submissions. You retain all rights to your work.
      1. By selecting your photo submissions to be displayed here, you grant Snapper, Sponsors and Partners the right to display and/or to provide exposure to your photograph and/or other works anywhere including, without limitation,
        • to be displayed on Snapper’s Website,
        • to be displayed and used in connection with marketing, promotion and/or advertising of Snapper on Snapper’s Website, any other website, in social media and/or in any other form of media including publications, periodicals, communications, still images, video and/or television. All photographs and images used are credited to whomever the photographer is as represented by User. Any use of the images will be solely used in the context of promoting the Snapper Website, with no additional compensation owed to User, photographer and/or any other person or entity.
      2. You shall be solely responsible for selecting your photo submissions and the consequences of posting or publishing them. In connection with photographs selected to be displayed publicly, you affirm, represent, and warrant that:
        • you own or have the necessary licenses, rights, consents, and permissions to use and authorize Snapper to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Photo Submissions to enable inclusion and use of the Photo Submissions in the manner contemplated by Snapper on the Snapper Website and the Terms of Use; and
        • you have the written consent, release, and/or permission of each and every identifiable individual person in the Photo Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Photo Submissions in the manner contemplated by Snapper on the Snapper Website and the Terms of Use. For clarity, you retain all of your ownership rights in your Photo Submissions. However, by submitting the Photo Submissions to Snapper, you hereby affirm, represent and warrant that you have the power and authority to, and do, grant to Snapper an irrevocable, worldwide, non-exclusive, royalty-free, sub licensable and transferable license to copy, store, display content to other users and visitors to the Snapper Website, and to use in any way the entire contents of the Photo Submission and all portions and components thereof. This license grant incudes, but is not limited to, the right of Snapper to use, distribute, reproduce, modify, adapt, publicly perform and publicly display all or any portion or component of the entire contents of the User Submission, including, but not limited to, for the purposes of providing and promoting the specific Snapper Website or file to which such Content was submitted or made available. “Publicly accessible” areas of the Snapper Website are those areas of the Snapper Website that are intended by Snapper to be available to the general public. By way of example, publicly accessible areas of the Snapper Website would include Snapper Message Boards and portions of Snapper Groups, Photos and sharing that are open to members, users and visitors. However, publicly accessible areas would not include portions of the Snapper Website that are limited to members, or World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Snapper.

 

  • You agree to upload only your own work.
    1. In connection with User Submissions, you further agree, affirm, represent and warrant that you will not:
      • submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property, proprietary or other rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Snapper all of the license rights granted herein;
      • publish falsehoods or misrepresentations that could damage Snapper or any third party;
      • submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
      • post advertisements or solicitations of business; and/or
      • impersonate another person. Snapper does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Snapper expressly disclaims any and all liability in connection with User Submissions. Snapper does not permit copyright infringing activities and/or infringement of intellectual property rights on Snapper Website, and Snapper will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s copyright and/or other intellectual property rights. Snapper reserves the right, in its sole discretion, to remove User Submissions and/or any other Content, and close accounts, without prior notice. Snapper will also terminate a User’s access to Snapper’s Website, if they are determined by Snapper, in Snapper’s sole discretion, to be suspected of being, or actually being, an infringer and/or to have otherwise violated the intellectual property rights, rights of publicity and/or name and likeness and/or other rights of any other person or entity. Snapper also reserves the right to decide whether Content or a User Submission is appropriate and complies with the Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Snapper may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of the Terms of Use at any time, without prior notice and in its sole discretion.
  • If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the South African Copyright Act No. 98 of 1978 by providing our Copyright Agent with the following information in writing;
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
    • A statement that you have 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 under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • You understand that when using the Snapper Website, you will be exposed to Photo Submissions from a variety of sources, and that Snapper is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Photo Submissions. You further understand and acknowledge that you may be exposed to Photo Submissions that are inaccurate, offensive, indecent, or objectionable. and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Snapper with respect to Photo Submissions. You agree to indemnify and hold Snapper, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your User Submissions and Content, as well as your use of the Snapper Website.

 

  • Snapper Content on the Snapper Website
    Except for Photo Submissions, all content on and/or used by the Snapper Website, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, compilations, interactive features and the like, and derivative works thereof (“Snapper Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Snapper, and are subject to copyright and other intellectual property rights under South Africa and foreign laws and international conventions. Snapper Content and User Submissions on the Snapper Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Snapper and the respective owners of the User Submissions. Snapper reserves all of its rights in and to the Snapper Website and the Snapper Content. You agree to not engage in the use, copying, or distribution of any of the Snapper Content or User Submissions of third parties obtained through the Snapper Website for any commercial purposes and/or any other purpose other than a purpose expressly permitted under the Terms of Use. If you download or print a copy of any of the Snapper Content and/or User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Snapper Website or features that prevent or restrict use or copying of any of the Snapper Content or enforce limitations on use of the Snapper Website or the Snapper Content therein. You may not harvest or collect information, including screen names, about other members or users of the Snapper Website. The use of any information learned through your use of the Snapper Website is limited to the express purposes set forth in these Terms of Use; all other uses not expressly permitted by the Terms of Use, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.

 

  • Placing Photographs and Other Products for Sale on the Snapper Website
    Any User who is a subscribing member may offer their photographs for sale on the Snapper Website by appointing Snapper as their photograph selling agent. By putting up photos for sale, you expressly agree to the Terms of Sale set forth herein below, which will apply from the date on which you offer your first photograph for sale.

    • Terms of Sale of Photographs and Other Products on the Snapper Website
      1. Agency Appointment
        • You appoint Snapper as your agent to obtain orders from purchasers for the purchase of your photography products over the website and to fulfil those orders by sending them to production, printing and delivery of your products (‘appointment’) and Snapper accepts the appointment and will carry it out with regard to your interests.
        • You agree that Snapper is free to act in any capacity for any other of its members in obtaining orders from the public for the purchase of their photographs over the Snapper Website, including any photograph that is the same as, or similar to, your products.
        • The appointment is valid from the date of this Agency Agreement until termination of your user account.
      2. License
        • For the duration of the appointment, you grant Snapper a non-exclusive, royalty free, transferable, sub licensable license to use your copyrights and/or other intellectual property rights in your photographs and/or other products for the purpose of enabling us to carry out the agency agreement appointment. You affirm, represent and warrant to Snapper that you own all copyrights and/or other intellectual property rights and other rights in and to your photographs and other products offered for sale and that you have the full legal right to sell such photographs and/or copies thereof and/or other products offered for sale on the Snapper Website.
      3. Proceeds from the Sale of your Photographs

The Sale of Photographs is managed with Snapper’s PhotoManager software and is required in order to manage, upload, share and define pricing. The sale of photographs is categorised into two main types of offerings. Firstly, the sale of photographs to defined customers, whether commissioned or not, and secondly, to the public at large, typically in respect to sporting events but not limited to.

In all cases, your proceeds will be paid in accordance with the ‘Snapper Photo Photographers Proceeds’ in effect at the time of the sales transaction.

Snapper Photo reserves the right to change the ‘Snapper Photo Photographers Proceeds’ from time to time and may do so at its sole discretion. Any changes to the ‘Snapper Photo Photographers Proceeds’ will be published within the subscribers section on the Snapper Website.

It is your responsibility for reviewing any such changes on the Snapper Website. Your continued use of the Snapper Website for the sale of your photographs will signify your acceptance of the revised pricing. The Snapper Photo Photographers Proceeds is available from the link within the ‘My Account’ of the subscribers section on the Snapper Website.

  • Private Sale of Photographs to Your Defined Customers
    • You are responsible for defining the customers who may have access to, and who may purchase your Photographs.
    • You as the photographer are responsible for setting the pricing for your photos in terms of the options provided to you in Snapper PhotoManager. You are to consider the information contained in the Snapper Photo Photographers Proceeds when defining your pricing as the amounts will first be deducted before transferring your payments to your nominated bank account as defined in the ‘My Account’, My Details section.
    • Payment to you shall be made upon request subject to the conditions as laid out in this Terms of Sale
  • Public Sale of Event Photographs
    • Snapper Photo is responsible for defining the prices charged to customers who purchase individual or bundled photographs taken at a Sporting Event or the likes thereof.
    • Proceeds from the sale of any Event Photograph shall be in accordance to the Snapper Photo Photographers Proceeds.
    • Payment to you shall be made upon request subject to the conditions as laid out in this Terms of Sale
  1. Conditions of Payment
    • Snapper will notify you via the Snapper Website by eMail when one of your photography products is sold.
    • You authorise Snapper to collect and hold all monies received resulting from a sale prior to distributing your share
    • Payment shall be made to you once payment has been received by Snapper Photo each week and shall be deemed complete within 30 days of the sales transaction
    • Payment will not be made where the customer requests a refund or exchange
    • Snapper will not be liable for any loss suffered by you if you provide us with incorrect details in relation to your bank account. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your payment for up to 3 months from the payment date, where after you will forfeit the payment.
    • Snapper Photo may deduct or withhold any amount owing to you in respect to taxes, levies or other charges required by applicable law.
  2. Taxation responsibility

Each party is responsible and will account for any taxes, value added, sales as imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under these Terms of Sale.

  1. Indemnity

You hereby indemnify and will keep Snapper indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non-performance of your obligations under these Terms of Sale or arising out of your wilful act, neglect or default in the performance of such obligations. Your indemnification obligation includes, but is not limited to, any claim brought by any person or entity against Snapper or any of its members, managers, officers, employees, agents or affiliates alleging copyright infringement, trademark infringement and/or violation of any intellectual property rights or other rights arising from and/or related to any actions or omissions, including, but not limited to, with respect to the copying, display, use, sale or offering for sale or sale of any photographs or other products or services by Snapper.

You shall fully cooperate with Snapper Photo in the defence of any such claim, action or matter.

This clause e) will survive the termination of these Terms of Sale.

  1. Limitation of Liability
    The Limitation of Liability the Terms of Use are incorporated herein and shall apply to Snapper’s Sale and offer for sale of any of your photographs and or other Products, and/or services and/or memberships
  2. Terminating Snapper’s Sale of Your Photographs or Other Products
    You can give notice of termination of your authorization to Snapper to sell your photographs and/or other products by closing your Snapper account and/or stop selling your photos through Snapper’s Website platform. Snapper may give notice of termination to you in writing at any time. After notice of termination, you authorize Snapper to complete any transactions in progress in relation to your photographs and/or other products, which we will do on the terms of these Terms of Sale. Termination will take effect once these transactions have been completed.

 

  • Purchasing a Product on the Snapper Website
    Users can purchase products on the Snapper Website using a valid credit card. You do not have to be a Snapper member to purchase photographic products or services. The price you pay is final and not negotiable. Orders may not be cancelled after it has been submitted. It is the purchaser’s responsibility to ensure the product delivery address is correct. Snapper takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us.
    Snapper reserves the right to cancel an order in the event that products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight.
    Snapper may also cancel an order if we believe that it is being made in infringement of these Terms of Use, or in violation of the rights of any person or any law. Snapper may cancel an order even if it has been confirmed and the purchaser’s credit card has been charged. Snapper reserves this right up until the time of delivery of the product to that purchaser. If a cancellation of this nature occurs after the purchaser has been charged for the product, we will immediately credit the customer’s credit card for the amount in question.Delivery will be made by RAM Hand-to-Hand Couriers or other appointed courier service and will be paid for by the purchaser at the price indicated at time of purchase. Snapper may also charge a handling fee, depending on the size of the product. If a product is delivered to a purchaser, that is physically damaged, Snapper will issue a replacement copy of the product. Please eMail Snapper at myorder@snapper.photo within 5 business days of receiving the product to tell us about the nature of the damage and to arrange for a new product to be sent to you at Snapper’s expense. Please be aware Snapper is also a member submission online site, we do not monitor all the content on the Snapper Website. It is the purchaser’s responsibility to verify the quality of the content (including but not limited to misspelled words, formatting, quality or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.

 

  • Snapper Scan Services

Snapper’s PhotoScan services are provided for to digitise paper and film based photographs.

Scanned photos will be uploaded and made available for viewing by means of your own personal Snapper Photo Account

  • Content and Member Conduct
    • You acknowledge and agree that all photographic and video material, and resulting digital images or video, (collectively “Content”) submitted by you to the Service and/or created for you by the Service are your sole responsibility.
    • By submitting Content to Snapper, you represent and warrant to Snapper that you either own the Content or have the written permission from the copyright owner to make such Content available to Snapper to perform the Service and its obligations under these Terms.
    • You agree to indemnify, and hold Snapper its officers, directors, members, managers, employees, and agents harmless, from and against any and all costs, damages, liabilities and expenses (including all attorneys’ fees and costs of defence) Snapper or any other indemnified party suffers in relation to or arising from a breach of your representations and warranties.
    • Snapper does not control the Content of Members’ accounts and does not have any obligation to monitor such Content for any purpose. You acknowledge that although Snapper is not required to monitor or remove any Content or other information submitted by you or produced on your behalf by the Service, Snapper has the absolute right (but not the obligation), in its sole discretion to refuse to process, return, delete, remove, and edit Content for any reason at any time without notice.
  • Prohibited Content

You agree not to use, or attempt to use, the Service to process or produce prohibited Content. Generally, “Prohibited Content” includes Content or other material that Snapper believes:

  • Is threatening, profane, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate.
  • Could give rise to any civil or criminal liability;
  • Could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the express written permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable.
  • Advocates illegal activity.
  • Harms anyone, including, but not limited to, minors in any way.

 

The above list of Prohibited Content is merely an example and is not intended to be complete or exclusive.  Snapper has the sole discretion to determine whether Content is Prohibited Content.  Snapper reserves the right to terminate your access to your account or the Service with or without cause and with or without notice, or for any action that Snapper determines is or may be disruptive to the Snapper Website or the Service.  Snapper may report to law enforcement authorities any actions that may be illegal.  When legally required, or at Snapper’s sole discretion, Snapper will cooperate with law enforcement agencies in any investigation of your use of the Service for any alleged activity.

 

  • Pricing and Payments

You agree to pay in full, the price quoted for your order and any additional amounts incurred, for reasons including, but not limited to, if the Content type and/or size is different than initially estimated on the order form or if the actual shipping/delivery charges are higher than estimated at the time of your order.  If the work performed and/or shipping is less than originally quoted, you will only be charged for the services provided and/or the shipping costs incurred.

When you place an order, Snapper will not bill you for the order until it has been processed and ready for online viewing.  The shipping and handling costs to ship your originals to Snapper is prepaid by you at the time of placing your order.  All further payments shall be made by credit card in advance prior to viewing on line and shipping the original Content.  You are responsible for paying any taxes that may apply.  You will have 20 days from time of receipt of notification that your order is ready for viewing and to complete the checkout process.  If you do not complete the checkout process in that timeframe, Snapper reserves the right to charge your credit card for the full amount of the Service and will return your original Content to your address of record.  Prior to any automatic charges, Snapper will notify you of the impending action in order to give you the chance to complete your order.  If you do not pay on time or if Snapper cannot charge your credit card or other payment account for any reason, Snapper reserves the right to either suspend or terminate your access to your account and terminate these Terms.

By using the Service, you consent to receiving electronic communications from Snapper.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Service.  These electronic communications are part of your relationship with Snapper and you receive them as part of your subscription to the Service.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.  Snapper offers no warranty or guarantee that the turnaround time quoted on the Site, or otherwise communicated to you, will be met.  Snapper will use commercially reasonable efforts to maintain a reasonable turnaround time and to meet the turnaround time stated on the website or otherwise communicated to you.

 

  • Shipping

Snapper is not liable for the Content, or any other materials, while in transit through or in possession of any third party carrier, including, but not limited to, RAM Hand-to-Hand Couriers.  You agree to accept complete liability for any Content, or any other materials, should they be misdirected, lost, stolen, or damaged while in the possession of, in transit through or otherwise under the control of any third party carrier.  All items purchased through Snapper or the Service are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon our delivery to the selected third party carrier.  Due to the nature of the Content, no insurance is available for the shipping or the handling of your order, and Snapper offers no warranty or guarantee against damage or loss while your order is in transit through or in possession of any third party carrier.

 

  • Embedded Information

Certain information concerning the Content being scanned by the Service is digitally embedded by Snapper into the resulting image files utilizing the Extensible Mark-up Platform standard and EXIF/IPTC standards (“Embedded Information”).  This Embedded Information may include, but is not limited to, Snapper contact information, a unique job number, a unique Member number, information or descriptive “tags” and the operator and the time and date which the Service was provided.  This Embedded Information is necessary for Snapper to effectively perform the production and distribution processes of the Service.  Because of its nature, this Embedded Information can also be used to identify the source and history of an image or video independent of the Service.  You hereby acknowledge that you have been informed that this Embedded Information may (but does not necessarily) exist in every photo or video scan performed by the Service and that you have been informed that distributing your images or video would result in the distribution of this Embedded Information.  You hereby agree to take full responsibility for the distribution of this Embedded Information should you distribute your images or video either intentionally or unintentionally.

 

  • Limitation of Liability
    The Limitation of Liability the Terms of Use are incorporated herein and shall apply to PhotoScan Services

 

  • Warranty Disclaimer
    you agree that your use of the Snapper Website and purchase of any photographs and/or services on the Snapper Website shall be at your sole risk. To the fullest extent permitted by law. Snapper, its officers, directors, members, managers, employees, and agents expressly disclaim all warranties, express or implied, in connection with the Snapper Website, the Snapper content, and/or user submissions, and/or your use thereof. Snapper, its officers, directors, members, managers, employees, and agents also disclaim all warranties, express or implied, with respect to the purchase, sale and/or gifts of any goods or services, including, but not limited to, the implied warranty of merchantability and/or the implied warranty of fitness for a particular purpose. Snapper makes no warranties or representations about the accuracy or completeness of Snapper’s content, user submissions, and/or the content of any sites linked to this site and assumes no liability or responsibility for any;

    1. Errors, mistakes, or inaccuracies contained therein of content,
    2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Snapper Website, the snapper content, and/or user submissions,
    3. Any unauthorized access to or use of our Snapper’s secure servers and/or any and all personal information and/or financial information stored therein,
    4. Any interruption or cessation of transmission to or from the Snapper’s Website,
    5. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Snapper Website by any third party, and/or
    6. Any errors or omissions in any Snapper content or for any loss or damage of any kind incurred as a result of the use of any Snapper content posted, emailed, transmitted, or otherwise made available via the Snapper Website. Snapper does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Snapper Website or any hyperlinked website or featured in any banner or other advertising, and Snapper will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

  • Limitation of Liability
    in no event shall snapper, its officers, directors, members, managers, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any;

    1. Errors, mistakes, or inaccuracies of the snapper content,
    2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Snapper Website, the snapper content, and/or user submissions,
    3. The sale, purchase and/or use of any goods or services obtained from Snapper and/or the Snapper Website,
    4. The submission of any tangible or electronic media, image, data, file, card, disc, device, film, print, slide or negative by you for any purpose, such as processing, printing, duplication, alteration, enlargement, storage, transmission, or other handling, to Snapper for processing, scanning, printing, photo restoration or other handling,
    5. Any unauthorized access to or use of our snapper’s secure servers and/or any and all personal information and/or financial information stored therein,
    6. Any interruption or cessation of transmission to or from our Snapper’s Website,
    7. Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the snapper website by any third party, and/or
    8. Any errors or omissions in any snapper content or for any loss or damage of any kind incurred as a result of the use of any snapper content posted, emailed, transmitted, or otherwise made available via the Snapper Website, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the company snapper is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that snapper shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The snapper website is controlled and offered by snapper from its facilities in the republic of South Africa. Snapper makes no representations that the Snapper Website is appropriate or available for use in other locations. Those who access or use the Snapper Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

 

  • Indemnity
    You agree to defend, indemnify and hold harmless Snapper, its parents, subsidiaries and affiliates, officers, directors, members, managers, employees and agents, for, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from and/or related to any of your acts or omissions in connection with the Snapper Website, the Snapper Content, the Sale, Purchase or Use of any Goods or Services, User Submissions of others and/or User Submissions submitted by you, including, but not limited to:

    1. your use of and access to the Snapper Website;
    2. your violation of any term of the Terms of Use;
    3. your violation of any third party right, including without limitation any copyright, property, or privacy right;
    4. any claim that one of your User Submissions caused damage to a third party,
    5. Snapper’s third party server failure, deficiency, collapse or any other circumstance resulting in a complete loss of digital property, electronically stored information, and/or documents,
    6. any and all User Submissions, and/or
    7. any and all goods or services you sell or otherwise transfer using the Snapper Website.

This defence and indemnification obligation will survive the Terms of Use and your use of the Snapper Website. Snapper is a platform designed for storage, sharing and selling of photographs, image files and other types of files, and users are responsible to always maintain an original copy of any submitted photograph, image file or other type of a file in case of a complete loss.

  • Trademark Information.

Snapper Photo, the Snapper Photo logo, Snapper Online, and other Snapper Photo trademarks, are trademarks or registered trademarks of Snapper Photo in the Republic of South Africa

 

  • Ability to Accept Terms of Use/No Use for Children Under 13
    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Snapper Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Snapper Website; there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

 

  • Assignment
    The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Snapper without restriction.

 

  • Feedback

To the extent you provide Snapper with any suggestions, information, ideas, or feedback concerning the Service through the Site, including, but not limited to, a description of any errors which you have discovered while using the Service (“Feedback”), such Feedback will be the sole and exclusive property of Snapper.  You agree to assign, and hereby do assign, all right, title and interest worldwide in and to the Feedback, and all related intellectual property rights, to Snapper and agree to assist Snapper in perfecting and enforcing such rights.  Snapper may publish any Feedback to assist in responding to your support requests or to support other Members using the Service.

  • General
    You agree that:

    1. the Snapper Website shall be deemed solely based in South Africa; and
    2. the relationship between Snapper Photo and you under these Terms of Use is that of independent contractors. i.e. the parties are not joint ventures, partners, principal and agent or employer and employee. Neither party shall have power to obligate or bind the other in any manner whatsoever. You agree that you shall be responsible for all value added taxes, sales taxes and similar taxes / duties imposed by any governing authority in any jurisdiction in connection with your access or use of the Snapper Website
    3. whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other. These Terms of Use shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof.
    4. the headings contained in these Terms of Use are for convenience of reference only and shall not affect in any way the meaning or interpretation of these Terms of Use.
    5. the Snapper Website shall be deemed a passive website that does not give rise to personal jurisdiction over Snapper, either specific or general, in jurisdictions other than South Africa. These Terms of Use shall be governed by the internal substantive laws of the Republic of South Africa, without respect to its conflict of laws principles. Any claim or dispute between you and Snapper that arises in whole or in part from the Snapper Website shall be decided exclusively by a court of competent jurisdiction located in Sandton, South Africa. These Terms of Use, together with the Privacy Notice, and any other legal notices published by Snapper on the Snapper Website, shall constitute the entire agreement between you and Snapper concerning your use of the Snapper Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Snapper’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Snapper reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Snapper Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You and Snapper agree that any cause of action arising out of or related to the Snapper website must commence within one (1) year after the cause of action accrues. Otherwise such cause of action will be permanently barred.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE “TERMS OF USE” AND AGREE TO BE BOUND THEREBY. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT EACH TIME YOU ACCESS OR USE THE SNAPPER WEBSITE IN ANYWAY CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS OF USE.

 

 

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