Last updated: 22.03.2015
Please read the Terms and Conditions carefully before using the http://snippetguide.com/ website and the SnippetGuide mobile application (hereinafter “Website”) operated by SnippetGuide OÜ (hereinafter “we”, “us”, “our” and/or “SnippetGuide”).
Snippet (hereinafter “Snippet”) is all information and/or data, provided in the form of text, photos, videos and audio materials and any other form, containing information on cities and/or countries and/or outdoor objects and/or places of interest.
Content Creator (hereinafter “Content Creator”) is a legal entity or an individual that has created the account through the Website and uploaded provided, changed, or deleted his/her Snippet to the Website.
SnippetGuide App and Platform user (hereinafter “User”) is an individual, who consumes the information we have made available for in our Website.
We provide a marketing channel for any legal entity, who would like to use SnippetGuide as an advertisement platform, e.g. restaurants, cafes, pubs, museums, galleries, cinemas, entertainment services etc. (hereinafter “Partner”).
The term “you” refers to the Content Creators and/or Users and/or Partners.
User statistics are considered to be the following: how many times a Snippet was listened to and/or viewed; how was the Snippet rated; how many Users spent more than 15 minutes at the location the Snippet is about (data of a specific person is not collected).
Your access to and use of the Website and the services the Website provides is conditioned on your acceptance of and compliance with these Terms and Conditions. Terms and Conditions (hereinafter “Terms”) apply to all Content Creators, Users, Partners and others who access or use the Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (hereinafter “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website.
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Website.
Accounts and Use of the Website
When you create an account with us, you must provide us information that is accurate, complete, current at all times and you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.
Only persons age 18 years or older can create accounts. Accounts for persons under 18 years old can be created by a parent or legal guardian. Children under the age of majority should review this Agreement with their parent or legal guardian to ensure that you and your parent or legal guardian understand it.
You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We can use your contact information provided in making the account to send e-mails concerning the operation of SnippetGuide’s service.
In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect SnippetGuide’s systems, assets, employees, users and customers; (b) to ensure the integrity and operation of SnippetGuide’s business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion.
SnippetGuide will processes data of you who have created the account with us; who uses our Website. The data will be processed for the purpose of developing and offering SnippetGuide´s service; communicating with you about SnippetGuide´s products and services; generating statistical data; protecting SnippetGuide´s systems. In addition, Mobile App Users agree on us collecting the following data: location, app-usage history, Snippet ratings. Personal data is not collected.
To the extent necessary, you agree in advance to SnippetGuide providing access to Partners to the data that has been used to create that specific Partner´s Snippet´s statistics.
Website Content and Snippets
When providing content and/or Snippet to the Website, you guarantee that you are the sole owner of the content and/or Snippet and/or you have obtained valid licenses from third parties to make the content and/or Snippet available through SnippetGuide and provide the license to SnippetGuide when demanded by SnippetGuide.
Please be aware that by submitting content and/or Snippets to this Website, you grant SnippetGuide a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or hereafter devised, for any purpose, including marketing purposes or for any other reasonable action; and (b) use the name that you submit in connection with such submission.
You further grant SnippetGuide the right to pursue at law any person or entity that violates your or SnippetGuide‘s rights in the submissions by a breach of this Agreement. You acknowledge and agree that submissions are non-confidential and non-proprietary. You acknowledge that SnippetGuide may choose to provide attribution of your Snippets at our discretion.
You are solely responsible for your use of the Website and use it at your own risk. By using the Website, you expressly agree and guarantee not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or any other material (“content” and/or “Snippet”) that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including SnippetGuide;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations (except Partners and professional tour guides, who are allowed to invite people to book an individual guided tour);
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content and/or Snippet that is longer than 3 minutes;
- Content and/or Snippet that is not intelligible (including pronunciation and use of language).
You are allowed to share the content found on SnippetGuide only with mentioning the name of SnippetGuide and/or with placing a direct hyperlink to our Website.
SnippetGuide takes no responsibility and assumes no liability for any content and/or Snippet posted, stored or uploaded by Partner and/or Content Creator or any third party, or for any loss or damage thereto, nor is SnippetGuide liable for breach of copyright law, any mistakes, fact correctness, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of Website, SnippetGuide is not liable for any statements, representations or content and/or Snippet provided by Partner and/or Content Creator.
Although SnippetGuide has no obligation to screen, edit or monitor any of the content and/or Snippet posted to or distributed through the Website, SnippetGuide reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any content and/or Snippet posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any content and/or Snippet you post or store on this Website at your sole cost and expense.
If it is determined that Partner and/or Content Creator retain moral rights (including rights of attribution or integrity) in the content and/or Snippet, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content and/or Snippet, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content and/or Snippet by SnippetGuide; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content and/or Snippet; and (d) you forever release SnippetGuide, from any claims that you could otherwise assert against SnippetGuide by virtue of any such moral rights.
Any use of this Website in violation of the foregoing violates the Terms of this Agreement and may result in, among other things, termination or suspension of your rights to use this Website.
The main part of SnippetGuide is provided free of charge but may be extended with optional paid features.
The information, software, products, and services published on this website may include inaccuracies or errors. SnippetGuide does not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the content and/or Snippets displayed on this website. In addition, SnippetGuide expressly reserves the right to correct any errors on our Website.
SnippetGuide makes no representations about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by SnippetGuide. All such information, software, products, and services are provided “as is” without warranty of any kind. SnippetGuide disclaim all warranties and conditions that this website, its servers or any email sent from SnippetGuide, are free of viruses or other harmful components. SnippetGuide hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall SnippetGuide be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon guidance and opinions appearing on this Website; any computer viruses, information, software, linked sites, products, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if SnippetGuide has been advised of the possibility of such damages.
When SnippetGuide is nevertheless liable for any damage arising from any cause whatsoever, this liability will at all times be limited to the direct damage up to an absolute maximum of EUR 100 per event (a sequence of events will be regarded as one event).
Direct damage is understood to mean exclusively: damage to property; reasonable costs incurred to prevent or limit the direct damage which could reasonably be expected to result from the event on which is the liability is based; reasonable costs incurred to determine the direct damage and liability.
Any liability of SnippetGuide for damage other than direct damage (“indirect damage”), including – but not limited to – consequential damage, loss and/or damage of data, loss of profits, loss of goodwill, loss of customers, loss of reputation, and lost sales, is excluded.
The limitations and exclusions of liability mentioned in the preceding paragraphs of this article shall not apply if and in so far as the damage is the result of intentional or wilful recklessness on the part of SnippetGuide.
The existence of any right to compensation is always conditional on you reporting the damage to SnippetGuide in writing a soon as possible after it has become aware of the damage. Any claim for compensation vis-à-vis SnippetGuide will lapse simply by the expiry of twelve months after the damage first arose.
If and when SnippetGuide plans to give the best Content Creators monthly awards, SnippetGuide is not liable for any reasons the award is not awarded or in case we decide differently.
You agree to defend and indemnify SnippetGuide and any of their employees from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- (i) your breach of this Agreement or the documents referenced herein;
- (ii) your violation of any law or the rights of a third party; or
- (iii) your use of this Website.
Links to Third-Party Sites
Our Website may contain links to third-party web sites or services that are not owned or controlled by SnippetGuide.
SnippetGuide has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SnippetGuide shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Jurisdiction and Governing Law
These Terms shall be governed and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding the Website.