LootSnap - Terms of Service
When you access any of the content at www.LootSnap.com and/or any of its sub-pages, you are a user of LootSnap and as such you explicitly agree to the following terms and conditions. This is a legally binding agreement between you and Palmetto Interactive, LLC, which owns and operates LootSnap.com. If you do not agree to these terms and conditions, you may not use any part of LootSnap.com.
You accept the terms. Palmetto Interactive, LLC, a Utah based limited liability company doing business on the Internet as LootSnap and LootSnap.com ("LootSnap", "we" or "us") provides its services ("Services") to the player (the "Player", "user" or "you") subject to the following Terms of Service Agreement (the "Agreement"), which may be updated by LootSnap from time to time without notice to you. In addition, when using particular LootSnap owned or operated services, you and LootSnap are subject to any posted guidelines or rules applicable to such Services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Agreement.
You should read this Agreement. If you do not like the terms of our Service, you do not have to use LootSnap. This is entirely an opt-in Service and we do not force you to do anything.
Description Of Services Provided By LootSnap and its Partners. LootSnap is an online photo contest wherein users take photos with their mobile devices and submit them instantly from within the LootSnap app for a chance to win prizes. Anyone with a compliant device can participate in the contests.
Google, Inc. and Apple, Inc. Aren’t Affiliated with LootSnap. Just because you downloaded the LootSnap app through Google’s Play Store or the Apple Store, this does not mean either of these companies in any way sponsors, approves, or is otherwise affiliated with LootSnap or any of its partners or any of the contests run on LootSnap.
Registration for the Contests. As a user and/or Player of the Services, you represent and warrant to LootSnap that: (i) you are of legal age to form a binding contract; (ii) you will not misrepresent your identity or any information related to the account under which you login; and (iii) your registration and your use of the Services is not prohibited by law. LootSnap reserves the right to suspend or terminate your registration, or your access to the Services, in the event that you breach any term of this Agreement.
No Children Under 13 Can Play. LootSnap is not directed to users under the age of 13. If you are under the age of 13, you are not permitted to register as a Player or to send personal information to LootSnap.
You Can't Use Our Proprietary Materials. All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website, other than User Content as defined below ("Site Content"), and all software embodied in this website or otherwise used by LootSnap to deliver the Services ("Software") is proprietary to us or to third parties, and except as otherwise expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.
We Don't Pay Your Operator Fees. All texts, e-mails or picture messages initiated from your mobile device are subject to standard messaging fees from your mobile plan provider. You may also incur data usage fees imposed by your plan provider to access WAP/Mobile Internet sites. Standard messaging rates apply. Other charges may apply. Please check with your plan provider to find out the specifics of these charges. Remember, use of LootSnap is entirely voluntary. If you choose to stop participating in LootSnap you can disable all notifications, uninstall the app from your mobile device, and you can stop sending photos or participating in conversations on the Service. LootSnap does not charge Players to use the Service, however as with any social network or mobile service, you're responsible for your own connectivity fees and carrier charges.
We License to Use the Services. LootSnap authorizes you to access, view and use the Site Content and Software (collectively, the "LootSnap Property") solely to the extent necessary for you to use the Services. You may not remove any copyright, trademark or other proprietary notices that have been placed on the LootSnap Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the LootSnap Property, or any portion of the LootSnap Property, is strictly prohibited without the prior written permission of LootSnap. You agree, and represent and warrant, that your use of the Services and the LootSnap Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services, the LootSnap Property or your use of them, and that in using the Services you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
You Give Us a License to Use Your Content. As part of using LootSnap, you may upload, post, or submit to LootSnap, or distribute using LootSnap, photographs, text, graphics, and other materials and information (collectively, "User Content"). The User Content remains your property, and LootSnap does not claim any ownership of the copyright or other proprietary rights in such information and User Content except as set forth below:
1. You are publishing and making your User Content available for viewing by third parties, that your User Content may be associated with your LootSnap username, and that accordingly your User Content will be attributable to you, that third parties will gain access to your User Content through the Services, and LootSnap shall in no event be liable to you for any use or misuse of your User Content by any third party;
2. You grant LootSnap and its Partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense, to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content in connection with operation of the Services, promotion of the Services, and any other purposes reasonably related to using LootSnap and for the purposes of promotions and advertising of LootSnap and its Partners.
3. All users of LootSnap have the right to access your User Content, and to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content for personal, non-commercial use;
4. You represent and warrant that you own all proprietary rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to post the User Content and to grant the licenses granted hereunder, and that your posting of the User Content, and the exercise by LootSnap, its Partners and Players of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party; and
5. If any royalties are payable to any third party for exploitation of User Content posted by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties.
You acknowledge that LootSnap may or may not pre-screen User Content, but that LootSnap and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, or move any User Content that is available via the Service. Without limiting the foregoing, LootSnap and its designees shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content created by LootSnap or submitted to LootSnap, including without limitation information in all parts of the Service.
You Agree Never To:
1. Use, upload, post, distribute or transmit, any User Content in violation of, or in connection with any violation of, any local, state, national or international laws;
2. Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
3. Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
4. Post any User Content more than once or "spam";
5. Engage in any other conduct that interferes with the Services or that restricts or inhibits any other person from using or enjoying any User Content, or the Services, or which, in LootSnap's sole judgment, exposes LootSnap, its Partners, or any of their officers, directors, employees or agents to any liability or detriment of any type.
6. Submit as your entry into a contest a picture of a computer screen or other digital display depicting the subject matter of the contest instead of a picture of the actual subject matter. In other words, if the contest requires you to submit a picture of a Snicker’s candy bar, you will take and submit picture of an actual Snicker’s candy bar instead of bringing up an image of a Snicker’s candy bar on your computer screen, taking a picture of that, and submitting it.
No User of the Services Shall Post, Upload, Submit, Distribute Through or Otherwise Use in Connection With the Services Any User Content That:
1. Is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense;
2. Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
3. Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
4. Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material's readers or others; or
5. Contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
6. Is based on or derived from a social media or other login account that is not the authentic account, directly traceable or attributable to a real human being. In other words, logins that are or appear to be based on an account that was created for the purpose of artificially inflating votes or snaps will be disallowed and any user that purposefully solicits, allows, or otherwise relies on such logins and their subsequent snaps or votes will be banned from the Services without recourse at the sole discretion of Us.
We Can But Don't Have to Do any or All of the Following:
1. Record Player Content;
2. Investigate any allegation that Player Content or Player registration information does not conform to the terms and conditions of this Agreement;
3. Remove Player Content or Player registration information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement, all without prior warning or notice to you;
4. Monitor, edit or disclose any Player Content or Player registration information; or
5. Edit or delete any Player Content or Player registration information, regardless of whether such content violates any terms and conditions of this Agreement, all without prior warning or notice to you.
LootSnap has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
Information Regarding the Award of Loot, Prizes and Awards. You understand and agree that submitting a photo in response to a contest may or may not result in you winning the contest and the offered prize. LootSnap is responsible for awarding the prizes in contests that LootSnap itself sponsors
1. You agree that you are responsible for all state, local and federal taxes which may be payable by you to the appropriate taxing authority in connection with any prize that you receive.
2. LootSnap has the right to delete pictures, remove rewards or even terminate your account if we believe that you are attempting to defraud the Service. We did not build this for people to take advantage of us or our Partners, so anyone that is found to be harming the Service, harming a Partner or harming another player will face consequences.
3. We are not obligated to give you anything. By simply submitting a photo you have entered a contest but this all by itself does not guarantee you a prize, even if you believe you have met the criteria for winning. LootSnap is the ultimate arbiter of who wins and who doesn't win each of the contests that LootSnap Sponsors. You agree that you have no right to appeal the final decision of LootSnap regarding the winner. It is also the right of LootSnap or other Partners to conduct a contest and ultimately choose not to award a prize for any reason or no reason whatsoever. Obviously LootSnap and other Partners would resist exercising this right except in extreme circumstances but this nevertheless remains an absolute right.
4. You are not allowed to cheat the system. If you do, and we find out, we will permanently disable your account and take measures to bar you from ever participating again in any LootSnap contest.
5. In most cases, the Loot that we award to you will be purchased from a third party and shipped to the address you provide in your user settings. We will bear the costs of purchase, any related taxes, and shipping to your address; nothing more. If you choose to return the product for any reason, you do so in accord with the terms and conditions of the third party that shipped the item to you. We are not responsible for the fulfillment of any warranties, refunds, returns or processing or handling of the Loot after we have placed the order to have it shipped to you. In other words, we are a social network gaming platform, not a retailer. You get it.
The LootSnap Website May Contain Links to Third-Party Websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by LootSnap. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
Ideas Submitted to LootSnap Become our Property. LootSnap is pleased to hear from you and welcomes your comments about the Services. In the event that you submit ideas or suggestions for the Services ("Services Comments"), the Services Comments will be deemed, and will remain, the sole property of LootSnap. None of the Services Comments will be subject to any obligation of confidence on the part of LootSnap, and LootSnap will not be liable for any use or disclosure of any Services Comments. Without limiting the foregoing, LootSnap will be entitled to unrestricted use and other exploitation of the Services Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Services Comments.
We Have Warranty Exclusions and Limitations of our Liability. LootSnap warrants that the Services and LootSnap Property will conform substantially to the descriptions set forth on the LootSnap website. However, LootSnap does not warrant that the Services or LootSnap Property will operate error-free or without downtime. LootSnap may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to LootSnap. In the event of any breach of this warranty, the Player's sole and exclusive remedy, and LootSnap's sole and exclusive liability, shall be (at LootSnap's option) to remedy the failure or to refund the amount paid by the Player, if any. Except as set forth in the foregoing sentence, LootSnap make no representations or warranties of any kind regarding the Services or the LootSnap Property. LOOTSNAP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND LOOTSNAP PROPERTY WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR LOOTSNAP PROPERTY, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE LOOTSNAP PROPERTY. No advice or information, whether oral or written, obtained by you from LootSnap or through the Services will create any warranty not expressly stated herein.
LOOTSNAP AND ITS PARTNERS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONTENT OF LOOTSNAP, FOR THE BEHAVIOR OF USERS, OR FOR ANY OTHER RISK OF BODILY INJURY OR DEATH ARISING IN CONNECTION WITH PLAYING LOOTSNAP. LOOTSNAP AND ITS PARTNERS ARE NOT RESPONSIBLE FOR ENSURING ACCESS TO THE LOCATIONS WHERE LOOTSNAP IS PLAYED. USERS PARTICIPATE IN LOOTSNAP AT THEIR OWN RISK.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM LOOTSNAP OR ANY PARTNER ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SERVICES OR LOOTSNAP PROPERTY, EVEN IF LOOTSNAP OR SUCH PARTNER HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, THE MAXIMUM AGGREGATE LIABILITY OF LOOTSNAP AND ITS PARTNERS FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE LOOTSNAP PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO LOOTSNAP, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You Indemnify us From Any and All Claims Against LootSnap Arising Out of Your Participation. Players shall defend, indemnify and hold harmless LootSnap against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys' fees arising in connection with Player's use of LootSnap, participation in LootSnap, or Player's breach of any provision of this Agreement. LootSnap reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with LootSnap with respect to such defense and settlement.
This is the Applicable Law and Jurisdiction that Governs this Agreement. You and LootSnap agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of the State of Utah, United States of America, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Utah. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Services from locations other than Utah, you will be responsible for compliance with all local laws of any such other location, including interstate communications laws, and in no event will you use the Services or Site Content in violation of U.S. export laws or regulations.
We Can and Will Modify this Agreement as the Need Arises. LootSnap reserves the right to modify this Agreement, any aspects of the Services, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other LootSnap policies before using LootSnap. If you do not agree with a term or provision of the new Agreement, your sole remedy is to opt out of the services.