Terms of Service
Last updated: September 28, 2007
THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND TREEFLY. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING THE SNIPSHOT SERVICE.
By using the snipshot.com web site (“Snipshot”), a service of Treefly Inc., (“Treefly”), you are agreeing to be bound by the following terms and conditions.
In connection with your use of the service, you agree to:
- obey the law;
- obey any codes of conduct or other notices we provide you; and
- promptly notify us if you learn of a security breach related to the service.
You are solely responsible for all uses of your account under your password. You must protect your password.
Payment.
You agree to pay us the amount that is specified in the payment plan in accordance with the terms of such plan and this agreement. You hereby authorize us to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we invoice you.
We reserve the right to change our prices. If we do, we will provide notice of the change on our website or in email to you, at our option, at least 30 days before the change is to take effect. Your continued use of the service after the price change becomes effective constitutes your agreement to pay the changed amount.
You will provide us contact information, including a postal and email address, where we may contact you with information about your account or our products or services. It is your responsibility to ensure that such information is entered correctly and is kept up to date.
Your use of Snipshot is at your sole risk. The service is provided on an “AS IS” and “as available” basis.
Treefly makes no express or implied warranty of the quality or suitability of Snipshot for any purpose.
We will do our best to preserve and protect your data, but make no guarantees that it won’t get lost, corrupted, or inadvertently leaked. You should back up critical data or take other steps to protect your vital information.
Termination.
We reserve the right to terminate your account for any reason at any time. If we terminate your account we will refund the pro-rated, unearned portion of any amount that you have prepaid us.
You may terminate your account at any time upon ten (10) days prior notice to us. If you terminate your account and are on a monthly payment plan, we will not refund any amount for the month in which you terminated the account, but will not charge you for any subsequent amount.
You expressly agree that Treefly WILL NOT be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Treefly has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Snipshot; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained through or from Snipshot; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Snipshot; (v) termination of your account; or (vi) any other matter relating to Snipshot. If you are not satisfied with Snipshot, your sole and exclusive remedy is to stop using it. IN NO EVENT WILL TREEFLY BE LIABLE TO YOU FOR ANY AMOUNT IN EXCESS OF THE AMOUNT THAT YOU HAVE ACTUALLY PAID TREEFLY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.
The disclaimers and limitations of liability set forth in these terms and conditions are an essential basis of your bargain with Treefly for the use of Snipshot.
We reserve the right to modify the service at any time.
You will indemnify, defend and hold Treefly, its officers, directors, employees, affiliates and service providers from any claim or cause of action of any kind whatsoever arising out of (a) any data, information or materials of any kind that are input or uploaded to the service using your account, and (b) your use of the service.
From time to time you may give us suggestions or feedback about Snipshot. If you do so, you hereby grant us an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license to use such suggestions or feedback for any purpose.
We reserve the right to modify these terms and conditions at any time upon notice to you, which we may make either by sending you mail (written or electronic) or posting the change on our website. You agree that any subsequent use of Snipshot will constitute your acceptance of those modified terms and conditions going forward.
Treefly will have the right to assign this Agreement to an affiliate of Treefly at any time without notice.
These terms and conditions are the entire agreement between you and Treefly regarding the use of Snipshot. No other communication, whether written or oral, will be deemed to supplement or supersede these terms and conditions unless made in writing and signed by both you and Treefly.