Terms

Introduction

These terms and conditions ("Agreement") set forth the general terms and conditions of your use of SpinSnap ("Website" or "Service"), collectively, "Services"). This Agreement is legally binding between you (referred to as "user, you or your") and this Website operator (referred to as "Operator, we, us or our").

By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. When entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement. If this is the case, the terms referred to as ("user, you, or your") shall refer to such entity.

If you do not have such authority or do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and not physically signed by you, and it governs your use of the Website and Services.

The SpinSnap.com Website is available for personal, non-commercial use only (at home or work). You may not modify, copy, publish, license, create derivative works from, or sell any information or Software associated with the SpinSnap.com Website without first obtaining written permission from SpinSnap.com by contacting us. Furthermore, you may not use SpinSnap.com in any manner that could damage, disable, or overburden SpinSnaps discovery services. Finally, you may not use any 3rd party toolbars or scripts to access SpinSnap.com.

Accounts and Membership

You must be at least 18 years of age to use the Website and Services. By using the Website and Services and agreeing to this Agreement, you warrant and represent that you are at least 18 years of age. You are responsible for maintaining the security of your account and entirely responsible for all activities that occur under the account and any other actions taken in connection with it.

We may, but have no obligation to, monitor and review new accounts before you sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must notify us immediately of any unauthorized uses of your account or other security breaches.

We will not be liable for any acts or omissions by you, including any damages incurred from such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or Content would tend to damage our reputation and goodwill. If we delete your account for the preceding reasons, you may not re-register for our Services. In addition, we may block your email address and Internet protocol address to prevent further registration.

User Content

You can make your lists public and share them with others. However, you shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you.

You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for providing the Services to you.

Without limiting any representations or warranties, we have the right, though not the obligation, at our discretion, to remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful, illegal, or objectionable.

Unless expressly permitted by you, your use of the Website and Services does not grant us the license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose.

You warrant and represent that:

The publicly available lists do not invade any intellectual property right, including without limitation, copyright, patent, or trademark of any third party;
The publicly available lists do not contain defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
You agree you will not use the publicly available list data to solicit or promote business or custom or present commercial activities or unlawful activity.

We reserve the right to terminate the contract with you if you make Content available to the public which offends the content restrictions stated above. You will receive the first warning before termination to get the opportunity to fix your Content.

Terminating the contract, if applied to your user account, involves an immediate block of your user account. We will delete no data. You will receive an email notification with further details. You have two business days to contact us until we delete your user account and cancel your subscription. Spinsnap will not refund any money from the current running billing period.

Availability & Backups

We try to make the Software available to the Customer 98% of the time, calculated over one year (from now on referred to as the Availability). Availability to the Software can only be provided and accessed via an internet connection that meets the system specifications described in the specification. Therefore, maintenance for which the Operator has given notification does not reduce the availability.

Disclaimer of Warranties

SpinSnap.com disclaims any responsibility for any harm resulting from your use of SpinSnap.com.
SPINSNAP.COM.COM PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. SPINSNAP.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPINSNAP.COM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SPINSNAP.COM. YOU UNDERSTAND AND AGREE THAT YOU USE SPINSNAP.COM AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF SPINSNAP.COM. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

To the fullest extent permitted by New Zealand law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of the Content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

To the maximum extent permitted by applicable New Zealand law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount no greater than one dollar(NZD) or any amounts paid in cash by you to the Operator for the prior one month period before the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails its essential purpose.

UNDER NO CIRCUMSTANCES WILL SPINSNAP.COM BE LIABLE TO ANY USER BECAUSE OF THE USE OR MISUSE OF SPINSNAP.COM BY THAT USER. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIMS ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF SPINSNAP.COM IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE.

Indemnification

You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability

We may exercise all rights and restrictions contained in this Agreement. They shall apply and be binding only to the extent that they do not violate any applicable New Zealand laws and are limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. Suppose a court of competent jurisdiction holds any provision or portion of this Agreement to be unlawful, invalid, or unenforceable. In that case, the parties intend that the remaining provisions or portions thereof shall constitute their Agreement concerning the subject matter. All remaining clauses or parts shall remain in full force and effect.

Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it will become governed by the substantive and procedural laws of New Zealand without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of New Zealand. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in New Zealand. As a result, you submit to the personal jurisdiction of such courts. You now waive any right to a jury trial in any proceeding arising from or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and Amendments

We may change these terms and conditions to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to modify this terms and conditions policy, we will post the changes here at the same link by which you are accessing this privacy policy.

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.