Description of the Leading Edge Platform
Leading Edge is an affiliate of Snap! Mobile, Inc. and provides a software platform (the “Platform”) that provides users articles, images, video, audio and other content (“content”). Users can consume content, harness social media for outreach and other sharing. The Platform is accessed via the Leading Edge website currently located at LeadingEdge.online as well as via the Snap! Mobile website currently located at www.SnapRaise.com and its affiliates.
Important:
This is a legal agreement between you and Snap! Mobile, Inc. You should read carefully the following terms and conditions as they govern your activities as a user using this software platform. They require you to make certain promises, representations and warranties, and impose a variety of obligations.
These Terms of Use are binding on Snap! Mobile, Inc., a Delaware corporation with an address at 8300 7th Ave S, Seattle, WA 98108 (“Snap! Mobile,” or “we” or “us”), and You (hereinafter the “user(s),” “you,” or “your”). Collectively, Snap! Mobile and user shall be known as the “Parties” and individually each shall be known as a “Party.” These Terms of Use include the Terms and Conditions below (the “Terms and Conditions”), and any schedules and other attachments provided by us. The Terms of Use and all such documents are collectively referred to as “the Agreement” or “this Agreement.” The Agreement constitutes the complete and entire agreement between the Parties regarding the subject matter of the Agreement, and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.
Our visitors’ privacy is important to us, and we recognize the need to provide additional privacy protection for children using the Snap! Mobile Platform. Our privacy practices are guided by the United States’ Children’s Online Privacy Protection Act of 1998 (“COPPA”), as well as data privacy laws in the United States and other applicable countries. Visitors under 18 should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household guidelines regarding the online sharing of personal information. No child under 13 may use the Platform unless and until we have received the verifiable consent of their parent or guardian and the other requirements of COPPA have been complied with.
Your access to and use of the Leading Edge platform is subject to the agreement, as well as all applicable laws and regulations, along with any other terms and conditions set forth by Snap! Mobile in writing. In regard to your use of the platform, to the extent the agreement conflicts with any other Snap! Mobile terms and conditions, the agreement shall govern. Snap! Mobile is willing to allow the use of the Leading Edge platform by you only on the condition that you accept and agree to all of the terms and conditions contained in the agreement. If you do not accept and agree to the agreement, you are not granted permission to access or otherwise use the platform. Your access to and use of the platform constitutes your acceptance of – and agreement to abide by – this agreement and our privacy policy. (click here to review our privacy policy). This agreement may be changed or modified by Snap! Mobile from time to time, and your continued use of or access to the platform after any such change or modification shall be deemed as acceptance of such change or modification. You are encouraged to review this agreement periodically for updates and changes.
Requirements and Standards; Acceptance by Snap! Mobile
Access to the Platform is predicated upon your ability to meet – and your continuing to meet – all of the requirements and standards delineated in this Agreement, and your acceptance of all of the Terms and Conditions and all other portions of this Agreement. Please note that we reserve the option to review any request to access the Platform and or other software platform or feature, and to deny any request for access, for any reason.
Age Acknowledgement; Additional Acknowledgments
If you are 13 or older but under the age of 18, we suggest that you review this Agreement – and discuss your planned use of the Platform – with your parent or guardian to make sure that your parent or guardian understands the terms and your planned participation. If you under 13, you may not use the Platform unless and until your parent or guardian understands the terms of your planned participation and the information about you to be disclosed and collected, and they provide us with their verifiable approval of your use of the Platform. If you reside in a jurisdiction that would restrict the use of this Website – or any of the functionalities or features offered via this Website or a Campaign – because of age, or restricts the ability to enter into contracts as such as this one due to age, you must abide by such age limits and you must not use the Website if you are not permitted to do so by such local jurisdiction.
In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Platform. You also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Platform is solely at your own risk. While we have endeavored to create a secure and reliable Platform, you should understand that the confidentiality of any communication or material transmitted to/from the Platform over the Internet or other form of global communication network cannot be guaranteed.
Prohibited Use/Activities
You hereby acknowledge, and represent and warrant, that your use of the Platform or any related services will not be, or alleged to be:
unlawful, unauthorized, fraudulent or malicious in purpose; a violation, misappropriation or infringement on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; false, offensive, abusive, libelous, hateful, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, pornographic; or an invasion or violation of another’s right of privacy or publicity;
In addition, you agree you will not:
create a false identity for the purpose of misleading others or impersonate any person or entity; violate any applicable local, state, national or international law; modify or make derivative works based upon the Platform; create Internet “links” to the Platform or “frame” or “mirror” the Platform on any other server or wireless or Internet-based device; reverse engineer or access the Platform in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Platform, or (c) copy any ideas, features, functions or graphics of the Platform; launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Platform; interfere with or disrupt the integrity or performance of the Platform or the data contained therein, or attempt to gain unauthorized access to the Platform or its related systems or networks; or use any award, gift or other benefit received, directly or indirectly, from Snap! Mobile, for any illegal or unauthorized purpose.
Limited License And Site Access; All Rights Reserved
Access to the Platform is provided by Snap! Mobile, and this Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to access and use the Platform in strict accordance with all the terms of this Agreement. Your use of the Platform and any services, tools, materials or information made available through the Platform is conditioned on your continued compliance with this Agreement. Accordingly, you expressly acknowledge and agree that Snap! Mobile transfers no ownership or intellectual property interest or title in and to the Platform.
This license does not include any resale or commercial use of the Website or any of its content; any derivative use of the Website or any of its content; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without the express written consent of Snap! Mobile. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Snap! Mobile without Snap! Mobile’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of Snap! Mobile’s name(s), d/b/a’s, or service marks without the express written consent of their owners. Any unauthorized use terminates the permission or license granted by Snap! Mobile.
You may not use automated software or bots to access, extract, download, manipulate, link, or share data from the Platform for any purpose.
Intellectual Property Rights; Rights to Feedback
Copyright
Except as otherwise expressly stated, all content appearing on the Platform is the copyrighted work of Leading Edge or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content is also the exclusive property of Leading Edge and is protected by U.S. and international copyright laws.
You may download information from the Platform and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein or otherwise permitted, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or content obtained from the Platform, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Leading Edge or any applicable third party suppliers. The use of content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Leading Edge. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Leading Edge does not warrant or represent that your use of content, or any other materials displayed on the Platform will not infringe rights of third parties.
Trademarks and Service Marks
Certain service marks and trademarks are the service marks and trademarks of Snap! Mobile or one of its affiliates or subsidiaries. The Leading Edge, Snap! Mobile, Snap! Raise, Snap! Store, and Snap! Spend names, logo, the domain name(s) for the Website(s), all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Snap! Mobile. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Website without the prior written authorization of Snap! Mobile.
Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals that you might provide to Leading Edge (“feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such feedback. You represent and warrant that you have all rights necessary to submit the feedback. You hereby grant to Leading Edge a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all feedback, and to sublicense the foregoing rights.
Intellectual Property Infringement
Snap! Mobile respects the intellectual property rights of others, and we ask you to do the same. Snap! Mobile may, in appropriate circumstances and at our discretion, terminate service and/or access to the Platform for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Platform, please provide Snap! Raise’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the 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 on the Platform, and information reasonably sufficient to permit Snap! Mobile to locate the material.
Information reasonably sufficient to permit Snap! Mobile to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
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.
Snap! Raise’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
Information about Snap! Mobile, Inc.:
Snap! Raise’s Legal Name: Snap! Mobile, Inc.
Snap! Mobile’s Physical Address: 8300 7th Ave S, Seattle, WA 98108
Snap! Mobile’s Alternate Names: Snap! Mobile, Inc.; Snap! Raise; Snap! Mobile ; Snap! Spend; Snap! Raise.com; Snap! Store
Information about Snap! Mobile’s Agent:
Agent’s Name: Legal, Snap! Mobile, Inc.
Agent’s Mailing Address: 8300 7th Ave S, Seattle, WA 98108
Agent’s telephone number: 206.285.0906
Agent’s email address: [email protected].
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Snap! Mobile designated agent that includes all of the following information:
Your physical or electronic signature;
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 from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Snap! Mobile may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
Snap! Mobile reserves the right, in its sole discretion, to terminate the account or access of any user of our Platform who is the subject or repeated DMCA or other infringement notifications.
Indemnification
You agree to defend, indemnify, and hold harmless Snap! Mobile, its subsidiaries and affiliates, its contractors, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from: a) your use of the Platfor; b) any act or omission by you; c) any breach by you of this Agreement, including any breach by you of any covenant, representation or warranty made by you; or d) your use of any gift, award, benefit or item received from Snap! Mobile for an illegal or unauthorized purpose. This indemnification obligation shall survive any termination of this Agreement.
Term and Termination
This Agreement shall be effective as of the moment you access the Website, and shall continue until either Party terminates the Agreement (the “Term”). This Agreement may be terminated by Snap! Mobile immediately for any reason by (i) giving User written notice (email shall suffice) of such termination, or by Snap! Mobile terminating User’s access to platform. This Agreement may be terminated by User for any reason by i) emailing Snap! Mobile at [email protected], or by canceling your account and ceasing all activities related to your use of the Platform.
In addition, Snap! Mobile reserves all of its legal rights to pursue any and all legal remedies if we believe your use of the Website is fraudulent or otherwise unlawful, or you are taking any actions or omissions that violate any term or condition of this Agreement or in order to protect our name and goodwill, our business, our intellectual property and/or other users. In addition to the miscellaneous section below, the provisions concerning Snap! Mobile’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this Agreement for any reason.
Disclaimers
User Disclaimers
While Snap! Mobile endeavors to provide a reliable and functional platform and related services, the platform, services and any information or assistance that may be provided by a Snap! Mobile representative are provided on an “as-is” and “as available” basis and may include errors, omissions, or other inaccuracies. You assume the sole risk of making use and/or relying on the platform, services, information and assistance. Snap! Mobile expressly disclaims all warranties and conditions with respect to the Platform and all elements thereof, whether implied, express, or statutory, including the implied Warranties of Merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, satisfactory quality, quiet enjoyment and accuracy, or any other implied warranty, including any warranty pursuant to the uniform computer information transactions act as enacted by any state. Snap! Mobile does not guarantee or promise any specific functionality or features in regard to the platform. Snap! Mobile also makes no representation, warranty or guarantee of any kind that your use of the platform will operate error-free or in an uninterrupted fashion or that any files or information that you download from the platform will be free of viruses or contamination or destructive features. You assume all risks of using the platform.
Snap! Mobile Disclaimers
All content and other information is provided on an ‘as is’ or ‘as available’ basis, and Snap! Mobile expressly disclaims all warranties and conditions with respect to the Website, any content and all elements thereof, whether implied, express, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, satisfactory quality, quiet enjoyment and accuracy, or any other implied warranty under the Uniform Computer Information Transactions Act as enacted by any state, or any similar law. Snap! Mobile also makes no representation or warranty that the Website or any campaigns will operate error free or in an uninterrupted fashion or that any files or information that you download from the Website will be free of viruses or contamination or destructive features.
Limitation Of Liability
Under no circumstances shall Snap! Mobile (and its successors, assigns, parents, subsidiaries, affiliates, officers, directors, agents, developers, networks, and distributors) be liable for (i) any direct, indirect, punitive, incidental, special, exemplary, or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, business or profits (including loss of donations) that result from the use of, or the inability to use, the platform or any of the services, (ii) any action taken in connection with an investigation by Snap! Mobile or law enforcement authorities regarding your or any other party’s use of the platform, (iii) any action taken in connection with, or related to, copyright or other intellectual property or its owners, (iv) any errors or omissions in the platform’s operation, (v) any damage to your mobile device or other equipment or technology (including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure) or (vi) any other technical or other malfunction, including, without limitation, loss of goodwill, whether in an action of contract, negligence, strict liability, tort or any other action. In no event will Snap! Mobile be liable to you or anyone else for death or personal injury, even if the possibility of such damages has been advised, and even if a remedy set forth herein is found to have failed its essential purpose. Applicable law may not allow the limitation or exclusion of liability for exemplary, incidental or consequential damages, so the above limitation or exclusion may not apply to you. By accessing and using the platform, you expressly agree to the allocation of risk set forth herein; if you do not agree to this allocation of risk, you must not access or use the platform. If you are a California resident, you waive your rights with respect to California civil code section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Modification
You hereby acknowledge and agree that this Agreement is subject to periodic revisions at the sole discretion of Snap! Mobile. If any modification is unacceptable to you, your only recourse is to immediately cease using or accessing the Platform, and you can also provide notice of your termination of this Agreement by emailing us at [email protected]. Your continued access or use of the Platform following our change will constitute binding acceptance of the change.
General/Miscellaneous Provisions
Successors and Assigns
The rights and obligations of a Party under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of that Party. User may not assign its rights, subcontract or otherwise delegate its obligations under this Agreement without Snap! Mobile’s prior written consent. Snap! Mobile may directly or indirectly assign its rights, or subcontract or otherwise delegate its obligations, under this Agreement at any time, by contract or by operation of law.
Force Majeure
Snap! Mobile shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of Snap! Mobile including a delay in services from its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
Survival
All provisions that by their nature are intended to survive, including but not limited to disclaimers of warranties, confidentiality obligations and limitations of liability provisions, shall survive the termination of this Agreement. All other provisions shall be of no further force or effect upon termination, provided that all such provisions shall survive to the limited extent necessary for your Campaign to be completed (including completing any and all transactions with any lead(s) provided pursuant to this Agreement), whether during the Term of this Agreement or any time subsequent to such Term.
Notices
Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given as indicated: (a) by personal delivery, when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by telecopy or facsimile transmission, upon acknowledgment of receipt of electronic transmission; (d) by certified or registered mail, return receipt requested, upon verification of receipt, or (e) only in the case of a Campaign, via email to the email address provided for Snap! Raise. Any email notice sent to Snap! Mobile shall be sent to: [email protected] and [email protected].
Relationship of the Parties
Nothing in this Agreement will create any franchise, joint venture, sales representative, or employment relationship between the Parties. user shall not have any authority to act for or to bind Snap! Mobile or any of its affiliates in any way.
Governing Law
This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Washington. Each of the Parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Seattle, Washington, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Seattle, Washington, such personal jurisdiction shall be nonexclusive.
Mediation; Arbitration
In the event of a dispute, the Parties shall first attempt to resolve the dispute between themselves in good faith and then, if unsuccessful, by commercial mediation. At the request of either Party, the other Party shall make itself available for mediation within thirty (30) days of the request, using the mediation rules of the Judicial Arbitration and Mediation Service (“JAMS”). If the dispute cannot be resolved in this manner, the dispute shall be resolved by arbitration using the relevant arbitration rules of JAMS, and judgment upon the award rendered by the arbitration tribunal may be entered into any court having proper jurisdiction. Nothing contained herein shall prevent either Party from exercising its right to injunctive relief in any court of law having proper jurisdiction.
Severability
If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable, (i) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and, for avoidance of doubt, if such holding of invalidity or unenforceability is based on a measure of liability, such provision shall be replaced by a legally valid measure of liability, and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
Waiver; Modification
No term or provision hereof will be considered waived by a Party, and no breach excused by a Party, unless such waiver or consent is in writing signed by the Party to be charged therewith. This Agreement may be amended or modified by Snap! Mobile at any time.
No Class Actions
You and Snap! Mobile agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis, and that neither you nor Snap! Mobile will seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you or Snap! Mobile acts or proposes to act in a representative capacity. You and Snap! Mobile further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of you, Snap! Mobile, and all parties to any such proceeding.
Contact Us
Snap! Mobile welcomes your questions or comments regarding the Terms and Conditions:
www.SnapRaise.com
8300 7th Ave S
Seattle, WA 98108
USA
206.285.0906
[email protected]
