1. READ THIS:
BY CLICKING THE I AGREE BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.
2. ACCESS TO THIS SITE
To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Snapshots believes the information you provide is not correct, current, or complete, it has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.
3. RESTRICTIONS ON USE
4. PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Snapshots website is for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without Snapshots' express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content obtained from or otherwise connected to the Snapshots website.
5. PROPRIETARY INFORMATION
This site may be hyper-linked to other sites which are not maintained by, or related to, Snapshots. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with Snapshots. Snapshots has not reviewed any or all of such sites and is not responsible for the content of those sites. Snapshots is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user's own risk, and Snapshots makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Snapshots provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by Snapshots of that site or any association with its operators.
7. USE OF COMMUNICATION SERVICES
The Snapshots website may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.
Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
ii) advocates illegal activity or discusses an intent to commit an illegal act;
iii) is vulgar, obscene, pornographic, or indecent;
iv) does not pertain directly to this site;
v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
viii) violates any law or may be considered to violate any law;
ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;
xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
xii) solicits funds, advertisers or sponsors;
xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
xv) includes MP3 format files;
xvi) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Snapshots nor any third party that provides Content to Snapshots will assume or have any liability for any action or inaction by Snapshots or such third party with respect to any submission. Snapshots cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Snapshots does not control or endorse the content, messages or information found in any Communication Service and, consequently, Snapshots specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Snapshots spokespersons, and their views do not necessarily reflect those of Snapshots.
You hereby grant to Snapshots a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Snapshots through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Snapshots will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Snapshots operations.
You understand that Snapshots cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. Snapshots does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Snapshots.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SNAPSHOTS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SNAPSHOTS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SNAPSHOTS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SNAPSHOTS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SNAPSHOTS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SNAPSHOTS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Snapshots does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
10. LIMITATION ON LIABILITY
SNAPSHOTS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SNAPSHOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SNAPSHOTS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO SNAPSHOTS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
11. TERMINATION OR RESTRICTION OF ACCESS
Snapshots reserves the right, in its sole discretion, to terminate your access to Snapshots' website and the related services or any portion thereof at any time, without notice.
13. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of Snapshots or the party that provided the trademarks, services marks, logos, and copyrighted works to Snapshots. Snapshots and any party that provided trademarks, service marks, logos, and copyrighted works to Snapshots retains all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
SNAPSHOTS™ is a trademark of Snapshots. All contents of Snapshots' website is Copyright © 2010 Snapshots. All rights reserved.
14. COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Snapshots' with the written information specified below. Please note that this procedure is exclusively for notifying Snapshots that your copyrighted material has been infringed.
i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
ii) A description of the copyrighted work that you claim has been infringed upon;
iii) A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
iv) Your address, telephone number, and e-mail address;
v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Snapshots will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Snapshots considers insecure, Snapshots will be entitled to require the password to be changed and/or terminate your account.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Snapshots as a result of this agreement or use of Snapshots’ website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
4.1 Personal information. Personal information is information that is associated with your name or personal identity. Snapshots uses personal information to understand better your needs and interests and to provide you with better service. Once you choose to provide us with personal information, you can be assured it will be used only to support your relationship with Snapshots. We take seriously the trust you place in us. Snapshots will not sell, rent or lease your personal information to others. The types of personal information you provide to us on these pages may include name, address, phone number, e-mail address, user IDs and passwords, billing and transaction information, credit card information, contact preferences, educational and employment background, and job interest data. We may ask for the user to provide demographic information (such as income level and gender), and unique identifiers (such as, username and password) so we can provide a more personalized experience on our site.
4.2 Non-personal information. Non-personal information is data about usage and service operation that is not associated with a specific personal identity. Snapshots collects and analyzes non-personal information to evaluate how visitors use the Snapshots Websites. Most non-personal data is collected via cookies, log files, clear gifs, and or other analysis technologies. Consequently, collected information is tied to the users personally identifiable information to provide offers and improve the content of the site for the user. This profile is used to tailor a user’s visit to our Website, and to direct pertinent marketing promotions to them. We do not share non-personal information with third parties.
(b) Log Files. We do have log files, but we do not currently use the log files. We may use the log files in the future as and when the need arises.
(c) Clear Gifs (Web Beacons/Web Bugs). We do not employ a software technology called clear gifs (web beacons/web bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users.
5. Children's Privacy. Snapshots does not knowingly collect information from children under the age of 13 and Snapshots does not target its website to children under 13. Snapshots is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children's online activities and interests.
6.1 Special Offers and Updates. We may send our registering customers a welcoming email to verify password and username. Established users may occasionally receive information on products, services, special deals, and a newsletter. Out of respect for the privacy of our users any communications we send will present the option to not receive these types of communications in the future.
6.2 Newsletter. If a user wishes to subscribe to any newsletter or publication we offer, we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way to opt-out of these communications.
6.3 Service Announcements. On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we may send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.
6.4 Surveys and Contests. From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site, Snapshots and its services. Users’ personally identifiable information is not shared with third parties unless we give prior notice and choice. Though we may use an intermediary to conduct these surveys or contests, they may not use users’ personally identifiable information for any secondary purposes.
6.5 Visitor Service. We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account. We reply via email or phone, in accordance with the user's wishes.
6.6 Sensitive Information. Credit card information is used only for payment processing and fraud prevention. Credit card information and sensitive personal data are not used for any other purpose by Snapshots and will not be kept longer than necessary for providing the services, unless you ask us to retain your credit card information for future reference or purchases.
6.7 Information Collected from other Sources. Personal data collected online may also be combined with information you provide Snapshots through other sources such as product registration, call centers or public events such as trade shows or seminars.
6.8 Legal Disclaimer. Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on us.
7. Who we Share your Information with. Snapshots will not sell, rent or lease your personal information to others. Snapshots will not share your personal information with third parties except in responding to your requests for products or services. Your permission will be requested when you submit your information. Snapshots shares information with companies working on our behalf, but only for the purposes described above in Paragraph 6.
8. Your choices. Snapshots gives you the choice of receiving a variety of information that complements our services. You can subscribe to receive certain service specific information and Snapshots' marketing communications. Snapshots’ marketing communications may include new product information, special offers, or an invitation to participate in or attend our seminars. We give you a choice regarding delivery of Snapshots communications by postal mail, e-mail and telephone. You can make or change your choices at the data collection point. We will make every effort to honor your preferences.
9. Privacy Preferences and Opting Out. Snapshots from time-to-time sends communications or offers that we believe are of interest to our clients from the Snapshots Website, and each such communication will provide the option for you to opt out from receiving further communications or offers.
11. Access / Accuracy of Information. Snapshots strives to keep your personal information accurate. We have implemented technology, management processes and policies to maintain visitor data accuracy. We will provide you with access to your information, including making reasonable effort to provide you with online access and the opportunity to change your information. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as a password and user ID, before granting access to your data. Certain areas of Snapshots’ Website may limit access to specific individuals through the use of passwords and other personal identifiers. The most effective way to view and change your personal information is to return to the Snapshots Website where you originally submitted your data and follow the instructions on the Website.
12.1 Online Protection. We do everything in our power and commercially practicable to protect user-information online. Access to all users’ information, not just the sensitive information mentioned above, is restricted in our servers. We will maintain commercially practicable procedures to protect all user information from online theft and unauthorized access.
12.2 Off-Line Protection. We do everything in our power and commercially practicable to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. Furthermore, our employees are kept up-to-date on our security and privacy practices. Every three months, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our users’ information is protected. Finally, the servers that store personally identifiable information are locked in a secure facility.
The Snapshots Music & Arts Foundation
P.O. Box 178979,
San Diego, CA 92177-8979