Your use of the Snips Media, LLC ("Snips Media") web site (sni.ps) (the "Site"), influencer services, program management and advertising platform, and any other Snips Media tools and resources (as more fully defined below, the "Service") represents your agreement to comply with all terms, including notices, of this Service. Your use of the Service is governed by the following documents (each as defined herein): the Terms & Conditions, the Advertising Policy, any Subscription Agreements, and any additional contracts separately executed between you and Snips Media (collectively, the "Snips User Agreement"). Except as otherwise noted, Snips Media may change any of the terms set forth in the Snips User Agreement at any time and your use is subject to the changes. If you do not accept the Snips User Agreement, do not use the Service. Use or reproduction of the content or materials for any purpose not expressly permitted herein is prohibited. Snips Media reserves the right, in its sole discretion, to terminate your access to all or part of this Service, with or without notice.
All materials, information and services included in or available through this Service are provided "as is" and "as available" for your use. Snips Media disclaims all warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Snips Media does not warrant that the content of this Service is accurate, reliable or correct; that this web site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this Service is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
The following rules apply to influencers who use the Service (each, a "Influencer"). If an Influencer is found to, or reported to, break any of the rules in the detailed Terms and Conditions or Advertising Policy (as applicable), their account may be removed and all earnings may be forfeited. We reserve the right to remove any Influencer, and mark any Influencer's earnings as forfeited, for any reason, at any time, in our sole discretion.
The following rules apply to advertisers and any agents who represent advertisers and are authorized to act on their behalf (each, an "Advertiser"). If an Advertiser is found to, or reported to, break any of the rules in the detailed Terms and Conditions or Advertising Policy, as applicable, their account may be removed and all advertising may be stopped. We reserve the right to remove any Advertiser for any reason, at any time, in our sole discretion.
Snips Media provides its Service to you subject to these terms and conditions (the "Terms & Conditions"). As used throughout these Terms & Conditions, the term "Snips Media" or "us" or "we" or "our" refers to the owner of the website sni.ps, Snips Media, LLC. The term "you," "your," or "user," where appropriate, may refer to either general users, Influencers or Advertisers (as defined herein) who are using or viewing our Site or Service. If you are using the Site or Service on behalf of a company, corporation, or other entity, then the term "you," "your," or "user" refers to that entity.. The term "Content" refers to the website you are using in conjunction with the Service.
Each time you use or access to the Site or Service, you agree to be bound by these Terms & Conditions. These Terms & Conditions may be amended from time to time with or without notice to you. If you are using a particular service on or through this Service, you will be subject to any rules or guidelines applicable to those services, and they shall be incorporated by reference into these Terms & Conditions.
While these Terms & Conditions generally apply to Influencers who use the Service, these terms also apply on occasion to non-Influencers as well as Advertisers. Therefore, by using the Site or Service, you further agree to be bound to the Snips Advertising Policy, available at http://sni/ps/advertising-policy(the "Advertising Policy"), which is incorporated herein by reference. These Terms & Conditions, together with the Snips Advertising Policy as well as any subscription agreement separately executed by you and Snips Media (each, a "Subscription Agreement") are collectively referred to as the "Snips User Agreement." In the event of any conflict between these Terms & Conditions or the Advertising Policy and any Subscription Agreement to which you are bound, the terms of the Subscription Agreement shall prevail solely to the extent of such conflicting terms. In the event of a conflict solely between these Terms & Conditions and the Advertising Policy, the terms of the Advertising Policy shall prevail solely to the extent of such conflict.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. In order to use certain aspects of the Service, including posting Snips links or otherwise providing influencer services on behalf of a specific Advertiser, you will be required to register for the Service and create an account ("Account"). You therefore agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete and (c) agree to create only one Account per person. If you provide any information that is untrue, inaccurate, not current or incomplete, or Snips Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Snips Media has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities that occur under your password or Account. You agree to immediately notify Snips Media of any unauthorized use of your password or Account or any other breach of security. Snips Media cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Snips Media, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Snips Media does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Snips Media be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that Snips Media may or may not pre-screen Content, but that Snips Media and its designees shall have the right (but not the obligation) in their sole discretion to prescreen, refuse, or move any Content (or Account) that is available via the Service. Without limiting the foregoing, Snips Media and its designees shall have the right to remove any Content or Accounts that violates the User Agreement (including these Terms & Conditions) or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content or Accounts, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content or Accounts created by Snips Media or submitted to Snips Media, including without limitation information in Snips Media message boards, and in all other parts of the Service.
You acknowledge, consent and agree that Snips Media may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms & Conditions; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Snips Media, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Snips Media and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
The Service allows you to (i) create original content or access content to share, (ii) shorten and track URLs using the sni.ps domain; (iii) share content to different platforms directly or by scheduling posts; (iii) provide analytics and demographic insights on audience engagement on your posts; and (iv) monetize your social media, website, and other platforms by promoting branded and non-branded advertising campaigns.
With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Snips Media the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of Snips Media that are intended by Snips Media to be available to the general public. By way of example, publicly accessible areas of the Service would include Snips Media news and resources that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Snips Media that are limited to members, Snips Media services intended for private communication such as private messages, or areas off of Snips Media such as portions of World Wide Websites that are accessible through via hypertext or other links but are not hosted or served by Snips Media.
Payments from Snips Media are made through PayPal (http://www.paypal.com), check, or other payment services after the first Monday of every Month. Payments are generally disbursed within 30 days. Please allow at least 15 business days to process payments. The minimum amount required for an online payment is $1.00, and check payment is $10.00. However, Snips Media may elect to send smaller payments.
Influencers earn revenue based on a cost model and rate associated with each Advertisement Campaign and Influencer Program. Each month, Snips Media shall pay the influencer the balance for all earnings from the previous month on advertising campaigns, influencer programs, or program you participate in on the Snips platform, less a 10% service fee. The balance and earnings for each link is only an estimate of the actual value earned. Discrepancies may arise in your balance and earnings listed on the Snips Media website and those published by the advertisers. Snips Media reserves the right to review and adjust your earnings at any time based on actual data that it acquires from Advertisers.
For payments that are based on Influencer's participation in an Advertiser's Program on the Snips Platform, Snips Media can only release payments to Influencer after it receives notice from Advertiser that the Influencer has performed the requisite services. See the Advertising Policy for more information on disputes that may arise regarding payments.
If there are no matches to active advertising campaigns on the Service for your traffic demographics, then in such cases, the Influencer will not receive any earnings for the advertisement or lack thereof.
Snips Media will not remove any URLs or links associated with your Account, unless one of the Terms & Conditions stated is broken. In such circumstances, advertisements may be disabled on the link, or the link may be disabled entirely.
You are solely responsible for interactions with other Service users. Snips Media shall not be responsible for any damage or harm resulting from your interactions with other users of the Service. When interacting with other users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know.
You understand that Snips Media does not have any obligation to screen users. Snips Media makes no representations or warranties as to user conduct. Snips Media reserves the right, without obligation, to: 1) monitor all interactions between users; and 2) take any action in good faith to restrict access to or the availability of any Content which Snips Media considers prohibited.
NEITHER SNIPS MEDIA NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE AND YOU HEREBY RELEASE SNIPS MEDIA AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. SNIPS MEDIA AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
You agree to indemnify and hold Snips Media, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees (the "Released Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the User Agreement (including these Terms & Conditions), or your violation of any rights of another. Snips Media reserves the right to control the defense and settlement of any action or proceeding against any Released Party that you are bound to defend pursuant to the foregoing.
The Service, together with the visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Service (excluding any licenses granted to Snips Media hereunder by you or third parties) (collectively, "Service Content") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Unless expressly authorized in this Terms & Conditions or in writing by Snips Media, you agree not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from any Service Content available on the Service. Reproducing, copying or distributing any Service Content for any other purpose is strictly prohibited without the express prior written permission of Snips Media. You shall use the Service Content only for purposes that are permitted by this Terms & Conditions and any applicable laws and regulations. Any rights not expressly granted herein are reserved.
Snips Media reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Snips Media shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Snips Media may, under certain circumstances and without prior notice, immediately terminate your Snips Media account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the User Agreement, Terms & Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Snips Media account includes (i) removal of access to all offerings within the Service, including but not limited to Snips Media message boards, (ii) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) potentially barring further use of the Service. Further, you agree that all terminations for cause shall be made in Snips Media's sole discretion and that Snips Media shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SNIPS MEDIA SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SNIPS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Please report any violations of these Terms & Conditions to the website Contact form.
You may contact Snips Media by e-mail at email@example.com or on the website Contact form.
Snips Media expressly prohibits users from uploading, posting, or otherwise distributing through the Service any content which may violate another party's privacy, publicity, intellectual property, or other rights. If any user believes in good faith that any content on the Service violates or otherwise infringes upon any user's rights, you are encouraged to contact Snips immediately to request that the allegedly offending content ("Offending Content") to be removed from the Service. To make such a request ("Take-Down Request"), you should submit the following information to Snips Media:
If you believe in good faith that material appearing on this Service infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to: firstname.lastname@example.org.
Similarly, the DMCA provides that if you, in good faith, believe that a notice of copyright infringement has been wrongfully filed against you, you may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3) (2006).
Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this Snips Advertising Platform constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f) (2006).
Snips Media will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
Effective Date: May 20, 2018.