TERMS & PRIVACY

Welcome to SnapShotU.com! We hope you enjoy your visit, and find that using our service is productive, easy and fun.

Before using the SnapShotU.com website or setting up your account with SnapShotU.com (herein referred to as "we", "us", or "SnapShotU.com"), please read the following Terms of Use ("Terms") carefully. These Terms govern your access to and use of the website and services owned and/or operated by SnapShotU.com (collectively, the "Service"). Your access to and use of the Service are expressly conditioned on your acceptance of and compliance with these Terms. Your use of the Service constitutes your agreement to these Terms. If you do not agree to these Terms, please do not use the Service. Note that any violation of these Terms may result in termination of your ability to access and use the Service.

In order to use the Service, you must be at least 13 years of age. By attempting to use the Service you represent that you are at least 13 years old. If you are not at least 13 years old, please do not attempt to use, or set up an account to use, the Services.

The Terms also include posted terms and conditions applicable to specific services and/or features, all of which are hereby incorporated by reference. Such additional terms and conditions ("Additional Terms") will be posted for viewing in conjunction with the applicable feature or service. In the event of any conflict between the terms and conditions of these Terms (other than Section 16, 17, 18, and 19 of these Terms) and the terms and conditions of the Additional Terms, the Additional Terms shall control; with respect to conflicts between the terms and conditions of the Additional Terms and Sections 16, 17, 18, and 19 of these Terms, Sections 16, 17, 18, and 19 of these Terms shall control.

We reserve the right at any time to change all or any part of these Terms; change the Service, including by eliminating or discontinuing any content on or feature of the Service; and change any fees or charges for use of the Service. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Service or by electronic mail. Your continued use of the Service after such notice will be deemed acceptance of such changes. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms. Upon our request, you agree to sign a non-electronic version of these Terms. You agree that we shall not be liable to you or to any third party for any elimination or discontinuation of any content on or feature of the Service; or any change in any fees or charges for use of the Service.

1. Registration

When and if you set up your SnapShotU.com account and register to use the Service, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address), and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of the Service. Our use and disclosure of any such information that you provide is governed by our Privacy Policy, the terms of which are incorporated herein by reference.

As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

2. Your Use of the Service

Subject to and conditioned upon your compliance with these Terms, and solely for so long as you are permitted by SnapShotU.com to access the Service, we grant to you a non-exclusive, non-transferable, nonsublicensable, limited right and license to access the Service, including any images, text, graphics, videos, visuals, sounds, data, files, links and other materials incorporated into the Service (other than your Submissions), solely as made available by us, solely as necessary to access the Service and solely for your own personal, non-commercial, home purposes, provided that you keep intact all copyright and other proprietary notices. You acknowledge and agree that certain features of the Service may include advertisements and that such advertisements are a necessary part of the Service. The Service, including all such materials and all intellectual property rights therein, remain the property of SnapShotU.com or its licensors or suppliers. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit, perform, display or create derivative works of any portion of the Service without the written consent of SnapShotU.com. Nothing herein grants any rights to commercially exploit any portion of the Service or any content therein. All rights not expressly granted hereunder are expressly reserved.

While using the Service you agree to comply with all applicable laws, rules and regulations. In addition, we expect users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned in part on your compliance with the rules of conduct set forth in this section; any failure to comply may result in termination of your access to the Service pursuant to Section 10 below. While using the Service, you agree not to:

* Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity;

* Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading or inaccurate email address or other contact information;

* Restrict or inhibit any other user from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;

* Violate any applicable laws or regulations;

* Express or imply that any statements you make are endorsed by us, without our prior written consent;

* Upload to, transmit through, or display on the Service (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);

* Use the Service to harm minors in any way, including, but not limited to, by uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

* Engage in spamming or flooding;

* Attempt to upload images by any method to another user's account without permission;

* Access or use (or attempt to access or use) another user's content without permission;

* Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;

* Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Service;

* Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Service;

* "Frame" or "mirror" any portion of the Service, or link to any page of or material on the Service other than the URL located at http://www.SnapShotU.com.com/ or the URLs provided by us to you for such purposes as part of the Service, without our prior written authorization;

* Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service; or

* Harvest or collect information about or from users of the Service without their express consent and, if such consent is provided, only pursuant to applicable law.

We may suspend and/or terminate your access to and use of the Service and/or any features made available through the Service immediately if you fail to comply with the above rules or otherwise fail to comply with these Terms.

3. Digital Image Storage

SnapShotU.com offers free storage of online photos and projects to Members for a period of 45 from the date of initial upload of photos. There is no limit to the Content you can upload. When you upload image Content to the Service, the original resolution of your Content may be affected depending on the upload speed you choose. Further, if you upload an image with more than nine mega-pixels of resolution, SnapShotU.com may in its sole discretion down-sample the image regardless of the upload speed you choose.

4. Email Communication

We will communicate with you via email. SnapShotU.com intends to send regular email updates and occasional promotional offers that may be of interest to you. You may opt-out of these mailings at any time upon receipt.

5. Your Submissions

In the event that you post or upload to the Service, or otherwise submit to or through SnapShotU.com as part of your use of the Service, any materials including, without limitation, photographs and other images, text, graphics, videos, visuals, sounds, data, files, links and other materials (collectively, "Submissions"), you will retain ownership of such Submissions, and you hereby grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) such Submissions, solely in connection with the Service (including without limitation for purposes of promoting the Service). Please note that, while you retain ownership of your Submissions, any template or layout in which you arrange or organize such Submissions through tools and features made available through SnapShotU.com are not proprietary to you, and can be used by SnapShotU.com and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of SnapShotU.com.

You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Submissions, (ii) your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (iii) you hereby consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual's likeness, for purposes of using and otherwise exploiting the Submission in the manner contemplated by these Terms (including for purposes of promoting the Service), or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to SnapShotU.com a copy of any such consents, releases and/or permissions upon SnapShotU.com's request). If you do submit a Submission that contains the likeness of an identifiable individual is under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such Submission.

None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You acknowledge and agree that we may (but are not obligated to) do any or all of the following, at our discretion: (a) monitor and/or filter any Submissions (including without limitation by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); (b) alter, remove, or refuse to send, transmit or otherwise use any Submission (including, without limitation, by suspending the processing and shipping of any order relating to any Submission); and/or (c) disclose any Submissions, and the circumstances surrounding the transmission or use thereof, to any third party in order to operate the Services; to protect us and our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents, other representatives, and users; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.

Please note that we may also provide users with an automated method of reporting Submissions that they believe to be inappropriate. If we do provide such a method, Submissions that are reported more than a certain number of times may be automatically removed from the Service; provided, however, that SnapShotU.com has no obligation to remove Submissions in response to user reports or requests. SnapShotU.com is not responsible for, and will have no liability for, the removal or non-removal of any Submissions from the Service. We recommend you keep back-up copies of your Submissions on your hard drive or other personal system, as the Service is not intended to be used as a back-up solution for storing your Submissions.

6. Forums

The Service may permit users to share their Submissions with other users, including but not limited to our user comment functionality, online image share feature and our public gallery, user forums and blogs (collectively, "Forums"). Some Forum participants may use anonymous screen names and may have no other connection with SnapShotU.com. A large volume of material is available in our Forums and Forum participants may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive, and provide content that may be objectionable to you. We neither endorse nor are responsible for such messages, statements, or content, or any opinion, advice, information or other utterance made or displayed on the Service by third parties, whether such third parties are users of the Service or others. The opinions expressed in the Forums reflect solely the opinions of the participants and may not reflect the opinions of SnapShotU.com. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will SnapShotU.com, any of our affiliates, distributors, partners, licensors, advertisers or sponsors, and/or any of our or their directors, officers, employees, consultants, agents or other representatives be liable for any loss or damage caused by your reliance on such information obtained through the Service. We may, but have no obligation to, monitor the Forums and any materials displayed, transmitted or otherwise made available on or through the Forums or otherwise through the Service.

Some features of the Service enable you to send and receive transmissions. You acknowledge and agree that SnapShotU.com has no responsibility or liability for any transmissions, and/or any content included in such transmissions, sent or received by you. SnapShotU.com reserves the right, in its sole discretion and at any time, to set limits on the number and size of any transmissions sent by or received through the Service and/or the amount of storage space available for transmissions or for any feature made available through the Service.

7. Making Purchases

If you wish to purchase any products or services through the Service, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy. All information that you provide to us or our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Descriptions, images, references, features, content, specifications, products, price and availability of any products or services are subject to change without notice, and our current prices can be found on the Service. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased through the Service. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product or service.

8. Copyright Issues

9. Web Addresses (URLs)

As part of the Service's online image share feature, we may provide you with access to and use of certain personalized pages on the Service and the corresponding web addresses (URLs) chosen by you. However, we do not guarantee the availability of any particular web page or URL, and we reserve the right, at any time and in our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL. In such cases, we may, at our option, provide you with another web page and URL.

10. Term and Termination

These Terms shall remain effective until terminated as set forth herein. We may, in our sole discretion, immediately terminate these Terms, and/or your access to and use of the Service or any portion thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon termination of these Terms, your right to access and/or use the Service will immediately cease. You agree that any termination of your access to or use of the Service may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Submissions), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Except for the license to access and use the Service granted to you in Section 2, the rights and obligations of the parties as set forth herein will survive termination.

11. Third-Party Websites, Software and Services

The Service may direct you to websites, software or services owned or operated by third parties ("Third Party Properties"). We have not reviewed all of the Third Party Properties to which you may be directed and we have no control over such Third Party Properties. We have no control over and are not responsible for (a) the content and operation of such Third Party Properties, or (b) the privacy or other practices of such Third Party Properties. The fact that the Service directs you to such Third Party Properties does not indicate any approval or endorsement of any Third Party Properties. We direct you to such Third Party Properties only as a convenience. You are responsible for the costs associated with such Third Party Properties, including any applicable license fees and service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any such Third Party Properties.

Other web sites may provide links to the Service with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

We shall have the right, at any time and in our sole discretion, to block links to the Service through technological or other means without prior notice.

12. Promotions

In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Service may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.

13. Access By Minors

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is or may be considered harmful to minors. Information identifying current providers of such protections is available at the websites of GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that SnapShotU.com does not endorse any of the products or services listed at such sites.

14. U.S. Government Restricted Rights

If you are an agency or instrumentality of the United States Government, any software and documentation included in the Service are "commercial computer software" and "commercial computer software documentation", and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction and disclosure of such software and documentation are governed by these Terms.

15. Export

Software and material included in the Service may be subject to United States export controls. You will comply fully with all applicable export laws and regulations of the United States, including, without limitation, the U.S. Export Administration Regulations.

16. Indemnification

You agree to indemnify, defend and hold us, our affiliates, distributors, partners, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the rules set forth in Section 2 above; (b) your Submissions; and/or (c) your activities in connection with the Service (including, without limitation, any and all purchases).

17. Disclaimer of Warranties

THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE, IS PROVIDED "AS IS," "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SNAPSHOTU.COM AND ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE, OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND SPONSORS, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS OFFERED OR ANY SOFTWARE INCORPORATED INTO THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SNAPSHOTU.COM AND/OR ITS AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS AND/OR SPONSORS, AND/OR OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, WHETHER MADE ON OR THROUGH THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

18. Limitation of liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER SNAPSHOTU.COM NOR ANY OF OUR AFFILIATES, DISTRIBUTORS, PARTNERS, LICENSORS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SOLE, EXCLUSIVE AND MAXIMUM LIABILITY OF SNAPSHOTU.COM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

19. Policy for Idea Submission

Many of our customers are interested in submitting ideas and suggestions for products and services to be used at SnapShotU.com, either independently of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving the Service; however, please note that any such ideas or suggestions that you submit will be wholly owned by SnapShotU.com, and you hereby irrevocably assign any ownership or other intellectual property rights in such ideas and suggestions to SnapShotU.com. In the event that the foregoing assignment is held to be ineffective for any reason, your ideas and suggestions will be treated as Submissions, subject to the license granted by you to SnapShotU.com in Section 5 of these Terms. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.) please do not submit them to us without our prior written approval. You can inquire regarding such approval by sending a letter to SnapShotU.com, 5858 Westheimer, Suite 200, Houston, Texas 77057 Attn: Idea Submission. If we are interested in pursuing any idea or suggestion of yours, we will contact you. Please note that an additional legal agreement may be required by SnapShotU.com in order to evaluate your idea or suggestion.

20. Intellectual Property Notices

The Service is ©2009 SnapShotU.com. All rights reserved.

All trademarks and service marks on the Service not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

21. Jurisdictional Issues

The Service is controlled and operated by SnapShotU.com from the United States, and is not intended to subject SnapShotU.com to the laws or jurisdiction of any state, country or territory other than that of the United States. SnapShotU.com does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

22. Miscellaneous

These Terms are governed by and construed in accordance with the laws of the State of Texas , United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Harris, Texas, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision shall be enforced to the maximum extent possible, or, if incapable of such enforcement, shall be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Privacy Policy

SNAPSHOTU.COM and its subsidiaries respect your privacy. This Privacy Statement informs you of our privacy practices and of the choices you can make about the way your information is collected online and how that information is used. This statement is readily available on our home page and at the bottom of every SNAPSHOTU.COM Web page.

1. Sites covered by this Privacy Statement

Links to non SNAPSHOTU.COM websites: The SNAPSHOTU.COM website may provide links to third-party websites for your convenience and information. If you access those links, you will leave the SNAPSHOTU.COM website. SNAPSHOTU.COM does not control those sites or their privacy practices, which may differ from SNAPSHOTU.COM's practices. We do not endorse or make any representations about third-party websites. The personal data you choose to provide to or that is collected by these third parties is not covered by the SNAPSHOTU.COM Privacy Statement. We encourage you to review the privacy policy of any company before submitting your personal information.

2. Collection of personal information

To serve you better and understand your needs and interests, SNAPSHOTU.COM collects, exports, and uses personal information with adequate notice and consent, along with required filings with data protection authorities, when applicable. For example, when you order products or services, request information, subscribe to marketing or support materials, register yourself, or enter contests or participate in surveys, we will ask you to provide personal information to complete these transactions. The types of personal information you provide to us on these pages may include contact information such as your name, address, telephone number, and email address; financial information such as your credit card number; and other unique information such as user IDs and passwords, billing and transaction information, product and service preferences, contact preferences, educational and employment background, and job interest data.

In addition to the information you provide, SNAPSHOTU.COM may also collect information during your visit to an SNAPSHOTU.COM website through our Automatic Data Collection Tools, which include Web beacons, cookies, embedded Web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to our website such as your browser type and language, access times, and the address of the website from which you arrived at an SNAPSHOTU.COM website. They may also collect information about your Internet Protocol (IP) address, clickstream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with SNAPSHOTU.COM websites) and product information. An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web, allowing Web servers to locate and identify your computer. Computers use IP addresses to communicate on the Internet, allowing users to browse and shop. SNAPSHOTU.COM may also use some of these Automatic Data Collection Tools in connection with certain emails sent from SNAPSHOTU.COM and therefore may collect information using these tools when you open the email or click on a link contained in the email. SNAPSHOTU.COM also collects information from commercially available sources that it deems credible. Such information may include your name, address, email address and demographic data. The information SNAPSHOTU.COM collects from its commercial sources may be used along with the information SNAPSHOTU.COM collects when you visit SNAPSHOTU.COM's websites. For example, SNAPSHOTU.COM may compare the geographic information acquired from commercial sources with the IP address collected by Automatic Data Collection Tools to derive your general geographic area.

3. How we use your information

The information SNAPSHOTU.COM collects to understand your needs and interests helps SNAPSHOTU.COM deliver a consistent and personalized experience. For example, SNAPSHOTU.COM may use your information to assist you in completing a transaction or order; communicate with you about products and services; provide service and support; update you on new services and benefits; provide personalized promotional offers; select content to be communicated to you; personalize some SNAPSHOTU.COM websites; allow you to participate in contests and surveys; and contact you for market research regarding SNAPSHOTU.COM products or services. We will give you the opportunity to choose your privacy preferences regarding the communications we send.

The testimonials posted on our Web site are only posted with the expressed permission of the individual or company who provided that testimonial. Credit card information is used only for payment processing and fraud prevention. Credit card information and other sensitive personal information required to process a credit decision is not used for any other purpose by our financial services providers or SNAPSHOTU.COM and will not be kept longer than necessary for providing the services, unless you ask us to retain your credit card information for future purchases.

4. How we share your information

SNAPSHOTU.COM will not sell, rent or lease your personal information to others except as described in this Privacy Statement. SNAPSHOTU.COM shares personal information in the following ways:

SNAPSHOTU.COM retains service providers and suppliers to deliver complete products, services and customer solutions and to assist SNAPSHOTU.COM with marketing and communication initiatives. These providers and suppliers include, for example, credit card processors, providers of customer support and live-help, email service providers, automated data processors, and shipping agents. Suppliers and service providers are required by contract to keep confidential the information received on behalf of SNAPSHOTU.COM and may not use it for any purpose other than to carry out the services they are performing for SNAPSHOTU.COM.

From time to time, SNAPSHOTU.COM participates in marketing initiatives with other companies. As part of these initiatives, certain SNAPSHOTU.COM services and marketing communications are delivered at the same time as those from other companies. Some of these services and communications offer you the option to share personal information with both SNAPSHOTU.COM and the other companies participating in these initiatives. For example, you may receive marketing communications from SNAPSHOTU.COM and other companies or have the opportunity to register online for software products from multiple companies. If you choose to provide personal information only to SNAPSHOTU.COM, SNAPSHOTU.COM will not share this information with the other companies participating in that marketing initiative. If you choose to provide personal information to the other companies, that personal information will be handled according to the privacy policy of those companies.

SNAPSHOTU.COM will require the export of your personal information to other SNAPSHOTU.COM-owned business entities in the US and Worldwide in accordance with this Privacy Statement to satisfy your request. Such export is a requirement of providing the information to SNAPSHOTU.COM.

Except as described in this Privacy Statement, SNAPSHOTU.COM will not share the personal information you provide to SNAPSHOTU.COM with non-SNAPSHOTU.COM third parties without your permission, unless to: (i) respond to duly authorized information requests of police and governmental authorities; (ii) comply with any law, regulation, subpoena, or court order; (iii) help prevent fraud or to enforce or protect the rights and properties of SNAPSHOTU.COM or its subsidiaries; or (iv) protect the personal safety of SNAPSHOTU.COM employees and third parties on SNAPSHOTU.COM property. Circumstances may arise where, whether for strategic or other business reasons, SNAPSHOTU.COM decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is SNAPSHOTU.COM's practice to seek appropriate protection for information in these types of transactions.

5. Children's privacy

SNAPSHOTU.COM does not knowingly collect information from children under the age of 13 and does not target its products, services, or websites to children under 13. We encourage parents and guardians to take an active role in their children's online activities and interests.

6. Your choices and selecting your privacy preferences

SNAPSHOTU.COM gives you the choice of receiving a variety of information that complements our products and services. You can subscribe to receive certain product- and service-specific information and also choose to receive SNAPSHOTU.COM general communications. We give you a choice regarding delivery of SNAPSHOTU.COM general communications by postal mail, email and telephone. You can make or change your choices about receiving either subscription or general communications at the data collection point or by using other methods, which are listed in the following sections. This option does not apply to communications primarily for the purpose of administering order completion, contracts, support, product safety warnings, software updates, or other administrative and transactional notices as the primary purpose of these communications is not promotional in nature. The email communications that you receive from SNAPSHOTU.COM will be provided in accordance with this Privacy Statement. Some email communications may utilize Automatic Data Collection Tools.

Subscription communications: Subscription communications include email newsletters, software updates, etc. that may be expressly requested by you or which you otherwise consented to receive. After you request such communications, you may opt out of receiving them by using one of the following methods: Select the email "opt out" or "unsubscribe" link, or follow the opt-out instructions included in each subscription communication. Return to the Web page(s) where you originally registered your preferences and follow the opt-out instructions. Please be aware that when you opt out of receiving certain subscription communications, it may affect the services you have chosen to receive from SNAPSHOTU.COM where accepting the communications is a condition of receiving the services. SNAPSHOTU.COM general communications: SNAPSHOTU.COM general communications provide information about products, services, and/or support. This may include new product information, special offers, or invitations to participate in market research. SNAPSHOTU.COM is a single-login service that lets you register with SNAPSHOTU.COM Passport-enabled websites using a single-user identifier and password of your choice. SNAPSHOTU.COM uses cookies to store your basic personal information so you don't have to retype it when you return to one of SNAPSHOTU.COM's many websites in the future.

7. Access to and accuracy of your information

SNAPSHOTU.COM strives to keep your personal information accurately recorded. We have implemented technology, management processes and policies to help maintain data accuracy. SNAPSHOTU.COM provides individuals with reasonable access to personal information that they provided to SNAPSHOTU.COM and the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. To view and change the personal information that you directly provided to SNAPSHOTU.COM you can return to the Web page where you originally submitted your data and follow the instructions on that Web page, or use SNAPSHOTU.COM Passport where enabled.

8. Keeping your personal information secure

SNAPSHOTU.COM takes seriously the trust you place in us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, SNAPSHOTU.COM utilizes appropriate physical, technical and administrative procedures to safeguard the information we collect. We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive information such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. This security measure is working when you see the symbol of either an unbroken key or a closed lock (depending on your browser) at the bottom of your browser window. Credit card numbers are used only for processing payments and are not used for other purposes.

9. Changes to this statement

If we change our Privacy Statement, we will post the revised statement here, with an updated revision date. If we make significant changes to our Privacy Statement, we may also notify you by other means, such as sending an email or posting a notice on our home page.

Rev. July 2009

To ensure you're viewing the most recent version of this statement, click the link for the SNAPSHOTU.COM Privacy Statement at the bottom of the SNAPSHOTU.COM home page when you are connected to the Internet. How SNAPSHOTU.COM uses Automatic Data Collection Tools. The following sections provide additional information about commonly-used web technology tools.

Cookies

A "cookie" is a small data file transferred by a website to your computer's hard drive. SNAPSHOTU.COM or its service providers send cookies when you surf our site or sites where our ads appear, make purchases, request or personalize information, or register yourself for certain services. Accepting the cookies used on our site or sites where our ads appear may give us access to information about your browsing behavior, which we may use to personalize your experience. Cookies are typically classified as either "session" cookies or "persistent" cookies. Session cookies do not stay on your computer after you close your browser. Persistent cookies remain on your computer until you delete them or they expire. Most browsers automatically accept cookies by default, but you can usually refuse cookies or selectively accept cookies by adjusting the preferences in your browser. If you turn off cookies, there may be some features of our site that will not be available to you and some Web pages may not display properly. You can find information on popular browsers and how to adjust your cookie preferences at the following websites:

Microsoft Internet Explorer: http://www.microsoft.com/info/cookies.htm

Mozilla Firefox: http://www.mozilla.org/projects/security/pki/psm/help_21/using_priv_help.html

Web beacons

Some SNAPSHOTU.COM.com and third-party Web pages and HTML-formatted email use Web beacons alone or in conjunction with cookies to compile information about your website usage and your interaction with email. A Web beacon is an electronic image, called a single-pixel (1x1) or clear GIF. Web beacons can recognize certain types of information on your computer such as cookies, the time and date of a page viewed, and a description of the page where the Web beacon is placed. You may be able to disable Web beacons in email messages by not downloading images contained in the message you receive (this feature varies depending on the email software used on your personal computer). However, doing this may not always disable a Web beacon or other Automatic Data Collection Tools in the email message due to specific email software capabilities. For more information about this, please refer to the information provided by your email software or service provider.

Embedded Web links

Emails from SNAPSHOTU.COM and promotional icons preinstalled on your PC desktop often use links designed to lead you to a relevant area on the Web, after redirection through SNAPSHOTU.COM's servers. The redirection system allows SNAPSHOTU.COM to change the destination URL of these links, if necessary, and to determine the effectiveness of our marketing initiatives. In emails, such web links may also allow SNAPSHOTU.COM to determine whether you have clicked a link in an email, and this information about the interaction may be connected to your personal identity.

SNAPSHOTU.COM ads on third-party websites

SNAPSHOTU.COM contracts with service providers to place ads on websites owned by third parties. The service providers send cookies from and use Web beacons on these third-party websites. The cookies and Web beacons may enable SNAPSHOTU.COM to collect information about the pages you viewed and the links you clicked.

Information-gathering tools

SNAPSHOTU.COM may use tools to collect information about your experience on some SNAPSHOTU.COM websites. These tools do not involve the use of Web beacons or cookies, but record your interaction with an SNAPSHOTU.COM website as captured by an SNAPSHOTU.COM server. Certain tools, used in some countries, may enable SNAPSHOTU.COM to replay customer web sessions. These tools are used primarily for troubleshooting purposes; information collected by these tools will be stored for a limited period of time.