TERMS AND CONDITIONS OF USE
Effective Date: April 1, 2017
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
Thank you for visiting Snopels.com (“Website”). Please be familiar with the terms and conditions of our company. Snopel’s provides its services to you subject to the following conditions. By visiting or shopping at Snopel’s, you agree to accept these conditions.
Agreement between user and Snopel’s
The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. Your use may also be subject to additional terms outlined elsewhere on the Website (the "Additional Terms"). Additionally, the Website may itself contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). Your use of Website constitutes your agreement to all terms, conditions and notices as detailed in the comprehensive Privacy Policy. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within Website, then these terms shall control.
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using this Website, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Website.
Modification of These Terms of Use
Snopel’s reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the charges associated with the use of the Website. You are responsible for regularly reviewing these terms and conditions.
Use of Website: Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Website is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Further, Snopel’s retains all right, title and interest in and to the Website, the Application and Services, including all related intellectual property contained therein.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Website solely for your own noncommercial use, or to place an order with Snopel’s or to purchase Snopel’s products. Any other use of materials on this Website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Website, without prior written permission of Snopel’s is strictly prohibited.
Harassment in any manner or form on the Website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Snopel’s employee, host, or representative or other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
Copyright And Trademarks
The entire content included in this Website, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Snopel’s. The collective work includes works that are licensed to Snopel’s. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Snopel’s or other respective owners that have granted Snopel’s the right and license to use such Marks.
If you believe that one of our users is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the alleged infringement that you request us to remove; (d) sufficient information to permit us to locate such infringement; (e) your address, telephone number, and email address; (f) a statement that you have a good faith belief that use of the objectionable materials are not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement
Our designated copyright agent can be contacted via email at copyright-agent@snopels.com.
User Comments
Any comments, suggestions, ideas, materials and other submissions ("Contact Us") that you send to Snopel’s is provided on a non-confidential basis. By submitting such information, you are granting Snopel’s an irrevocable and unrestricted license for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display and distribution. However, because we value the trust that you have placed in us, we will not use any of your personal information (name, address, etc.) in connection with your comments without your consent. Please review our Privacy Policy on how we use your personal information.
Links
For your convenience, our Website may contain links to other websites, products, or services that we do not own or operate. If you choose to visit or use any third-party products or services, please be aware that this policy will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. Further, those third-party links are not intended to state or imply that Snopel’s sponsors, endorses, is affiliated or associated with such linked sites. Snopel’s does not endorse or claim responsibility for, any third-party content that may be accessed through this Website.
Typographical Errors
In the event a Snopel’s product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Snopel’s shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Snopel’s shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Snopel’s shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Snopel’s without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
User Participation
Snopel’s does not and cannot review all communications and materials posted to or created by users accessing the Website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Website, Snopel’s is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Snopel’s reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Snopel’s at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Snopel’s in accordance with Snopel’s Privacy Policy.
User Submissions
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Website ("Communications") will be considered non-confidential and non-proprietary. Snopel’s will have no obligations with respect to the Communications. Snopel’s and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
Third-Party Links
In an attempt to provide increased value to our visitors, this Website may contain links to other websites on the Internet that are owned and operated by third party vendors and other third parties (the "External Websites"). However, even if the third party is affiliated with Snopel’s, Snopel’s has no control over these linked External Websites, all of which have separate privacy and data collection practices, independent of Snopel’s. Snopel’s has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such External Websites. These linked External Websites are only for your convenience and therefore you access them at your own risk. Links do not imply that Snopel’s sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Websites. Nonetheless, Snopel’s seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for External Websites it links to as well (including if a specific link does not work).You should contact the Website administrator or Webmaster for those External Websites if you have any concerns regarding such links or the content located on such External Websites.
Disclaimer
Snopel’s makes no warranties or representations about the accuracy or completeness of this Website's content or the content of any External Websites.
Snopel’s does not filter advertisements or other content that children may view through our Websites or "hot-linked" Websites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS WEBSITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SNOPEL’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SNOPEL’S DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SNOPEL’S DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Snopel’s, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Website using your Internet account.
Limitation Of Liability
Snopel’s shall not be responsible for any errors or omissions contained on Snopel’s website, and reserve the right to make changes anytime without notice. Mention of non-Snopel’s products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by Snopel’s. All Snopel’s and third-party information provided on any Snopel’s website is provided on an "as is" basis.
SNOPEL’S DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION PROVIDED ON ANY SNOPEL’S WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
In no event shall Snopel’s be liable for any damages whatsoever, and in particular Snopel’s shall not be liable for direct, special, indirect, consequential, or incidental damages, exemplary or punitive damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use Snopel’s website, any Snopel’s product or service. This includes damages arising from use of or in reliance on the documents or information present on Snopel’s website (including any information posted or placed by anyone other than Snopel’s), even if Snopel’s has been advised of the possibility of such damages.
Snopel’s will not be liable to you or be deemed to be in breach of its obligations hereunder for any delay or failure in performance caused by acts beyond Snopel’s reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, mechanical breakdown, shortages or delays in obtaining supplies, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
Indemnity
You agree to defend, indemnify, and hold Snopel’s harmless from and against all losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees, court costs, and other litigation and arbitration expenses) (“Losses”) related to or arising from: (a) negligent acts or omissions or intentional misconduct with respect to your use of Snopel’s web site; (b) negligent acts or omissions or intentional misconduct with respect to your use of Snopel’s products; or (c) claims for infringement of the proprietary rights of any third party resulting from your use of Snopel’s web site or goods purchased from Snopel’s web site in violation of these Terms of Use.
Updates To This Policy
We may occasionally update this policy. When we do, we will also revise the “last updated” date at the beginning of the policy. Your continued use of this website after such changes will be subject to the then-current policy. If we make a change to this policy that would result in a material change with respect to our use or disclosure of personal information that we collected prior to the effective date of the change, we will use reasonable efforts to notify you of the change and to obtain your consent to the changed practices applicable to such previously-collected information. We encourage you to periodically review this policy to stay informed about how we collect, use, and disclose personal information.
Severability; Waiver
If a court of competent jurisdiction finds that any provision of these Terms of Use invalid or unenforceable, we both agree that the other provisions of these Terms of Use will remain in full force and effect.
Applicable Laws
Your use of this Website shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Snopel’s products) shall be in the state or federal courts located in San Diego County, California. Snopel’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Snopel’s may assign its rights and duties under this Agreement to any party at any time without notice to you.
Snopel’s makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website from locations outside California do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of California.
Arbitration
By using this Website, you agree that Snopel’s, at its sole discretion, may require you to submit any disputes arising from the use of this Website, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
General
Snopel’s may revise these Terms and Conditions of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Conditions of Use because they are binding on you. Certain provisions may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Contacting Snopel’s
If you have any questions or concerns about the Website or these Terms of Use, please write to us at:
Snopel’s
917 Hillfield Court
Oceanside, CA 92058