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Terms of Service valid since the inception of the website (24/5/2017)



Accepting the Terms of Service

The purpose of this website, GameSnaps.com (the “Site”, "GameSnaps), owned and operated by the Creator ("Leopold"), is to provide web publishing services. Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on the Site (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“User” or “You”) under the following terms and conditions:

1. Access to the Services

Subject to the terms and conditions of this Agreement, the Creator may offer to provide the Services, as described more fully on the Site, and which are selected by User, solely for User’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services The Creator performs for User, as well as the offering of any Content (as defined below) on the Site. The Creator may change, suspend or discontinue the Services at any timel, including the availability of any feature, database, or Content. The Creator may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. The Creator reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such modification constitutes User's acceptance of the terms and conditions of this Agreement as modified.

User certifies to The Creator that if User is an individual (i.e., not a corporate entity), User is at least 13 years of age. No one under the age of 13 may provide any personal information to or on GameSnaps (including, for example, a name, address, telephone number or email address). User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. The Creator makes no claim that the Site may be lawfully viewed or that Content may be downloaded outside of Switzerland. Access to the Content may not be legal by certain persons or in certain countries. If You access the Site from outside Switzerland, You do so at Your own risk and You are responsible for compliance with the laws of Your jurisdiction.

The Creator will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by The Creator to minimize such disruption where it is within The Creator’s reasonable control.

You agree that neither GameSnaps nor the Creator will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the service, your User Content or other Content.

The Creator retains the right to create limits on use and storage in its sole discretion at any time with or without notice.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. Site Content

The Site and its contents are intended solely for the use of the Users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations and Themes (as defined below), including without limitation the GameSnaps Template Code (as defined below) (collectively, “Content”) (other than Content posted by User (“User Content”)) are the property of The Creator and/or third parties and are protected by Switzerland and international copyright laws. Any GameSnaps API, wether official or not, cannot be used under any circumstances by anyone else than The Creator. All trademarks, service marks, and trade names are proprietary to The Creator and/or third parties. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The Site is protected by copyright as a collective work and/or compilation, pursuant to Switzerland copyright laws, international conventions, and other copyright laws. Other than as expressly set forth in this Agreement, User may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

User may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that User maintains all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from The Creator, or from the copyright holder identified in such Content's copyright notice. In the event You download software from the Site, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to You by The Creator or third party licensors for Your personal, noncommercial use, and no title to the Software shall be transferred to You. You may own the User Content on which the Software is recorded, but The Creator or third party licensors retain full and complete title to the Software and all intellectual property rights therein.

3. User Content

User shall own all User Content that User contributes to the Site, but hereby grants and agrees to grant The Creator a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such User Content and to allow others to do so (“Content License”) in order to provide the Services. On termination of User’s membership to the Site and use of the Services, The Creator shall make all reasonable efforts to promptly remove from the Site and cease use of the User Content; however, User recognizes and agrees that caching of or references to the User Content may not be immediately removed. User warrants, represents and agrees User has the right to grant The Creator and the Site the rights set forth above. User represents, warrants and agrees that it will not contribute any User Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless User owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after User has been notified that such User Content violates any of sections (a) to (e) of this sentence. The Creator reserves the right to remove any User Content from the Site, suspend or terminate User’s right to use the Services at any time, or pursue any other remedy or relief available to The Creator and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if The Creator is concerned that User may have breached the immediately preceding sentence), or for no reason at all.

4. Restrictions

User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of User’s right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any GameSnaps user.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will User use the Site or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Site, (c) create a false identity or to impersonate another person, or (d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.

5. Warranty disclaimer

The Creator has no special relationship with or fiduciary duty to User. User acknowledges that The Creator has no control over, and no duty to take any action regarding: which users gains access to the Site; which Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user or User who posted the Content. The Creator does not monitor the Content of the Site and takes no responsibility for such Content. User releases The Creator from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. The Creator makes no representations concerning any content contained in or accessed through the Site, and The Creator will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

Although The Creator and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither The Creator nor the Site is responsible or liable in any way for the failure to store, preserve or access User Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your User Content.

The Services, Content, Site and any Software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. The Creator makes no representations or warranties of any kind with respect to the Site, the Services, including any representation or warranty that the use of the Site or Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.

To the fullest extent allowed by law, The Creator disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that The Creator is not responsible or liable for any harm resulting from (1) use of the Site; (2) downloading information contained on the Site including but not limited to downloads of content posted by Users; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by Users; (4) the temporary or permanent inability to access or retrieve any User Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.

Some places do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.

6. Third party websites

Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or control of The Creator or the Site. Unless explicitly otherwise provided, neither The Creator nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. The Creator and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site or The Creator with respect to such sites and third party content.

7. Registration and security

As a condition to using Services, User will be required to register with The Creator and select a password. User shall provide The Creator with accurate, complete, and updated registration information, including User’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. User may not (a) select or use as a GameSnaps URL a name of another person with the intent to impersonate that person; or (b) use as a GameSnaps URL a name subject to any rights of a person other than User without appropriate authorization. The Creator reserves the right to refuse registration of, or cancel a GameSnaps URL in its discretion. User shall be responsible for maintaining the confidentiality of User's GameSnaps password. User is solely responsible for any use of or action taken under User’s password and accepts full responsibility for all activity conducted through User’s account and agrees to and hereby releases the Site and The Creator from any and all liability concerning such activity. User agrees to notify The Creator immediately of any actual or suspected loss, theft, or unauthorized use of User’s account or password. The Site will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.

8. Indemnity

User will indemnify and hold the Creator, GameSnaps, its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of User’s access to the Site, use of the Services, the violation of this Agreement by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.

9. Limitation of liability

In no event shall the Creator, GameSnaps, its directors, officers, shareholders, employees or members be liable with respect to the Site or the Services for (a) any indirectidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, User Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors or omissions; or (d) damages related to downloading or posting Content. The Creator's and the Site's collective liability under this agreement shall be limited to one U.S. Dollar. Some places do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to User.

10. Termination

Either party may terminate the Services at any time by notifying the other party by any means. The Creator may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, wether User breaches any of the terms or conditions of this Agreement or not. Upon termination of User's account, User’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve User of any obligations arising or accruing prior to such termination or limit any liability which User otherwise may have to The Creator or the Site, including without limitation any indemnification obligations contained herein.

11. Privacy

Please review our Privacy Policy, which governs the use of personal information on the Site and to which User agrees to be bound as a user of the Site.

12. Miscellaneous

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between You, the Site and The Creator with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Creator shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond The Creator’s reasonable controlluding, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with the Creator’s prior written consent. The Creator may assign this Agreement in whole or in part at any time without User’s consent. This Agreement shall be governed by and construed in accordance with the laws of Switzerland without regard to the conflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind The Creator in any respect whatsoever.

13. Website Content Age Rating

To access and use the Website, User should be at least 13 years old. But some of the content displayed on GameSnaps may not be suitable for individuals under 18. GameSnaps is not responsible for any consequences or reactions that may be created as a direct consequence of a User aged under 18 years old being exposed to the content of the website.

14. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

The Creator respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services.

The Creator’s intellectual property policy is to (a) remove material that The Creator believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any User Content posted to the Services by “repeat infringers.” The Creator considers a “repeat infringer” to be any user that has uploaded User Content to the Services and for whom The Creator has received more than two takedown notices compliant with the provisions of Swiss Law with respect to such User Content. The Creator has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon The Creator’s own determination.

Procedure for Reporting Claimed Infringement

If you believe that any content made available on or through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:

- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;

- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Creator to locate the material;

- Information reasonably sufficient to permit the Creator to contact you, such as an electronic mail address at which you may be contacted;

- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.

Designated Agent Contact Information

The Creator’s Designated Agent for notices of claimed infringement can be contacted at:

Via E-mail: talkcopyright_AT_gmail.com

Counter Notification

If you receive a notification from The Creator that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide The Creator with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to The Creator’s Designated Agent through one of the methods identified immediately above, and include substantially the following information: - A physical or electronic signature of the User;

- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

- A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

- The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Swiss Law , or in any judicial district in which The Creator may be found, and that the User will accept service of process from the person who provided a Notification of Claimed Infringement as set forth above or an agent of such person.

A party submitting a Counter Notification should consult a lawyer to confirm the party’s obligations to provide a valid counter notification under Swiss Law.

The Creator Actions Following Receipt of Counter Notification

Upon receipt of a Counter Notification, The Creator shall promptly provide the party submitting a Notification of Claimed Infringement with a copy of the Counter Notification, and The Creator will replace the removed material or cease disabling access to it in not less than 10, nor more than fourteen (14), business days following receipt of the Counter Notice, unless The Creator’s Designated Agent first receives notice from the person who submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on The Creator’s system or network.

False Notifications of Claimed Infringement or Counter Notifications

The Creator reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Agreement should be sent to the Designated Agent at talkcopyright_AT_gmail.com. Any other comments, compliments, complaints or suggestions about GameSnaps, the operation of the Services or any other matter should be sent through the feedback form in the About section of the Site.

Also, if any Claimed Infrigement or Counter Notification email sent to talkcopyright_AT_gmail.com doesn't include all the necessary information described in these Terms of Service, the email will be dismissed as incomplete and therefore invalid. This email will not accrue response.

Swiss Law applies.

PRIVACY



Introduction

This privacy policy, which was adapted from a policy originally provided by Automattic (WordPress.com), describes how collected information is treated when you visit and use GameSnaps. Please read this notice very carefully.

Website Visitors

Like most websites, GameSnaps collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. GameSnaps’s purpose in collecting non-personally identifying information is to better understand how GameSnaps’s visitors use the website.

GameSnaps also collects potentially personally-identifying information like Internet Protocol (IP) addresses. GameSnaps does not use such information to identify its visitors, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

Gathering of Personally-Identifying Information

Certain visitors to GameSnaps choose to interact with GameSnaps in ways that require GameSnaps to gather personally-identifying information. The amount and type of information that GameSnaps gathers depends on the nature of the interaction. For example, we ask visitors who sign up for GameSnaps to provide a username and email address. In each case, GameSnaps collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with GameSnaps. GameSnaps does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

GameSnaps may collect statistics about the behavior of visitors. For instance, GameSnaps may monitor the most popular collections on GameSnaps. GameSnaps may display this information publicly or provide it to others. However, GameSnaps does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

GameSnaps discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on GameSnaps’s behalf or to provide services available at GameSnaps’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using GameSnaps’s websites, you consent to the transfer of such information to them. In addition, in some cases we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if GameSnaps or substantially all of its assets were acquired, or in the unlikely event that GameSnaps goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquiror of GameSnaps may continue to use your personal and non-personal information only as set forth in this policy. Otherwise, GameSnaps will not rent or sell potentially personally-identifying and personally-identifying information to anyone.

Other than to its employees, contractors and affiliated organizations, as described above, GameSnaps discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when GameSnaps believes in good faith that disclosure is reasonably necessary to protect the property or rights of GameSnaps, third parties or the public at large. If you are a registered user of a GameSnaps website and have supplied your email address, GameSnaps may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with GameSnaps and its products. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. GameSnaps takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

You should also be aware that if you submit information to “chat rooms,” “forums” or “message boards” such information becomes public information, meaning that you lose any privacy rights you might have with regards to that information. Such disclosures may also increase your chances of receiving unwanted communications.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. GameSnaps uses cookies to help GameSnaps identify and track visitors, their usage of GameSnaps websites, and their website access preferences. GameSnaps visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using GameSnaps’s websites, with the drawback that certain features of GameSnaps’s websites may not function properly without the aid of cookies. For example, without cookies, you won't be able to log in.

Ads

Ads appearing on any GameSnaps websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy covers the use of cookies by GameSnaps and does not cover the use of cookies by any advertisers.

Links to Third Party Sites

This privacy policy only applies to information collected by GameSnaps. This privacy policy does not apply to the practices of companies that GameSnaps does not own or control, or employees that GameSnaps does not manage. A GameSnaps website may contain links to third party websites. Any information you provide to, or that is collected by, third-party sites may be subject to the privacy policies of those sites, if any. We encourage you to read such privacy policies of any third-party sites you visit. It is the sole responsibility of such third parties to adhere to any applicable restrictions on the disclosure of your personally-identifying information, and GameSnaps and its affiliates shall not be liable for wrongful use or disclosure of your personally-identifying information by any third party.

Security

All non-personally-identifying information, potentially personally-identifying and personally identifying-information described above is stored on database servers.

Choice/Opt-out

If we ever send you information by email concerning new products, services or information that you did not expressly request, we will provide you with an email address by which you may request no further notices.

Address Book Data

Any external address book data (email contacts, etc.) that a user voluntarily gives GameSnaps access to will only be used for the described feature (looking up friends, etc.), and will not be stored or repurposed.

Privacy Policy Changes

Although most changes are likely to be minor, GameSnaps may change its privacy policy from time to time, and in GameSnaps’s sole discretion. GameSnaps encourages visitors to frequently check this page for any changes to its privacy policy. Your continued use of this site after any change in this privacy policy will constitute your acceptance of such change.