Terms of Service
Welcome to Snakt! Snakt, Inc., 625 Broadway, New York, NY 10012 ("Snakt," "we," "our," or "us") provides a service that allows its users to upload, create, combine, alter, and share videos through its mobile application (the "App") and its website located at www.snakt.com (collectively, the "Service"). By accessing or using the Service or any Content uploaded, downloaded or appearing on the Service, you are agreeing to follow these Terms of Service ("Terms") and acknowledging that they constitute a legally binding contract between you and Snakt.
If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you are agreeing that you are authorized to do so.
Our Service is not directed to persons under 13, so do not use the Service if you are not 13 or older. By accessing or using the Service you are telling us that you are 13 or older.
These Terms include a release by you of all claims for damages against us that may arise out of your use of the Service. By using the Service, you are agreeing to this release.
IF YOU ARE A RESIDENT OF THE UNITED STATES OR ACCESS OR USE THE SERVICE IN THE UNITED STATES, BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT (UNLESS YOU FOLLOW THE OPT-OUT PROCEDURE) AND CLASS ACTION WAIVER DESCRIBED IN SECTION 14.B OF THESE TERMS TO RESOLVE ANY DISPUTES WITH SNAKT.
1. Basic Terms
As part of the Service, you will be allowed to upload, display or otherwise make available ("post") videos, photos, information, text, graphics, audio recordings, or other materials through the Service. We refer to this collectively as "Content." The name, image, voice, likeness, and other elements of persona and identity of you and any other third parties that appear in any Content you post via the Service will also be considered "Content" for purposes of these Terms. The Service is a collaborative video sharing platform, and we allow and encourage using Content shared by other users.
You are responsible for keeping your password and user information you use to access the Service safe, so please do not share your password with others, and please use "strong" passwords (in other words, passwords that use a combination of upper and lower case letters, numbers, and symbols). You are responsible for any activities or actions under your account even if they are not done by you. Snakt is not liable for any loss or damage arising from your failure to comply with this provision.
4. Restrictions on Content and Use of the Services
We are dedicated to making the Service an enjoyable and fulfilling experience for all our users. Accordingly, you may not (a) post to the Service, or (b) to the extent the Content incorporates any Snakt Trademark, logo, design, watermark or other identifier (each, a "Snakt Brand Identifier"), export from the Service to other platforms, formats or media, any Content that:
- impersonates others in a manner that does or is intended to mislead, confuse, or deceive others;
- violates or misappropriates any rights of others, including copyright, trademark, privacy, and publicity rights, and including by claiming credit for any Content not created, contributed, or curated by you;
- uses others' Content as part of any commercial solicitation by you;
- is a direct and specific threat of violence to others or which advocates harming oneself;
- constitutes sexually explicit material or pornography;
- violates laws or promotes illegal activities;
- is or could be considered harmful, inflammatory, vulgar, obscene, lewd, fraudulent, abusive, threatening, hateful, bullying, harassing, abusive, constitutes spam or is racially, sexually, religiously, or otherwise objectionable and offensive; or
- is defamatory or libelous.
Without limiting the foregoing, you acknowledge that exporting any such Content that incorporates a Snakt Brand Identifier (whether such Content was posted to the Service by you or by a third party user) from the Service to other platforms, formats, or media in violation of this Section 4 constitutes a breach of these Terms.
You also may not do any of the following while accessing or using the Service:
- access, tamper with, or use non-public areas of the Service, Snakt's computer systems, or the technical delivery systems of Snakt's providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Snakt (and only pursuant to these Terms), unless you have been specifically allowed to do so in a separate agreement with Snakt (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file; however, scraping the Services without the prior consent of Snakt is expressly prohibited);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Snakt or any of Snakt's providers or any other third party (including another user) to protect the Service or any Content on the Service;
- collect or store any personally identifiable information from the Service or from other users of the Service without their express permission; or
- remove from any third party Content any attribution notices of the Content owner.
Snakt may remove any Content on the Service for any reason and may suspend or terminate users or reclaim usernames at any time without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Snakt, its users, and the public.
Snakt is not responsible for any Content on, or created through or with, the Service. All Content, whether publicly posted, privately transmitted, or exported from the Service to other platforms, formats, or media, is the sole responsibility of the person(s) who originated and/or altered such Content. Snakt is not responsible for monitoring or controlling the Content posted to or exported from the Service, other than Content flagged by other Users as inappropriate, which we will review as described below. We do not endorse or guarantee the accuracy of any Content or communications posted to or exported from the Service, nor do we endorse any opinions expressed through the Service. Snakt is not liable in any way for any Content, including any loss or damage resulting from your use of any Content made available via the Service. If you use or rely on any Content, information, or materials posted on or exported from the Service or obtained by you through the Service, you are doing so at your own risk.
You understand that by using the Service, you may be exposed to Content that you find offensive, harmful or inappropriate, and in some cases, mislabeled or deceptive. The Service may contain Content shared by our other users which include links to other websites. Snakt is not responsible for the content of other sites or for the Content other users share on the Service. Use your judgment when you tap on a link or view a video on the Service—if you think it might be offensive or harmful, do not tap the link and do not view the video. If you find that any Content violates these Terms, you can flag such Content to submit the Content for review by Snakt. We will review the flagged Content and if we determine that it violates these Terms, we may remove the Content and may take other reasonable actions, including suspending or terminating the account of the user who posted or generated such Content.
6. Rights in Your Content
You own and will continue to own any Content you post on the Service. However, in order to provide the Service to you and other users, Snakt needs a license from you. By posting Content on the Service, subject to your privacy settings, including such settings relating to the visibility of your Content, you hereby grant Snakt a worldwide, non-exclusive, transferable, royalty-free license to use, copy, reproduce, process, adapt, modify, re-arrange, prepare derivative works of, perform, publish, transmit, display, and distribute such Content in any and all media or distribution methods now known or later developed in connection with the Service, as the Service evolves over time. This license includes the right for Snakt to include any Snakt Brand Identifier on any Content you post to or export from the Service. Snakt has the right to remove at any time the Snakt Brand Identifier from any Content within or exported from the Service. At Snakt's request, you agree to remove the Snakt Brand Identifier from any Content when you export the Content from the Service. Except as otherwise provided in this Section 6, you agree not to remove any Snakt Brand Identifier included on your Content within or exported from the Service. Snakt may sublicense any or all of these rights in accordance with these Terms with no payment to you.
Snakt wants to foster a community where users can use, alter, reply to, re-arrange and combine other users' Content in order to make new and interesting Content. You have the option to make your Content available to other users of the Service, and if you do so, you agree that Snakt has the right to grant its other users a non-exclusive license to access your Content through the Service, and to use, copy, reproduce, process, adapt, modify, re-arrange, reply, respond, or react to, prepare derivative works of, perform, publish, transmit, display, and distribute such Content as part of their use of the Service and under these Terms. Any alterations of any Content that you create, and any Content that you create through or with the Service, will also be considered "Content" for purposes of these Terms. By submitting any Content, you agree that such Content is non-confidential for all purposes, subject to your privacy settings.
Subject to your privacy settings for the applicable Content, we may use your Content to provide, promote, and improve the Service and promote, market, and advertise the Service on the Site and in any other media; further, any Content that you post in reply to a Verified Channel on Snakt may be used by the owner of that Verified Channel to promote, market, and advertise that Channel and its owner, on the Site and in any other media. Such additional uses by Snakt or a Verified Channel may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make publicly available through the Service. You also agree that if any of your Content is incorporated into fixed media displays of Snakt’s products or services (for example, screenshots or video demonstrations of Snakt products or services that are incorporated into social media posts, television broadcasts, online or other electronic video files, print media, CDs, DVDs or other fixed media) in accordance with these Terms, then the license you granted to Snakt above will be perpetual and irrevocable for those fixed media uses.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by us, other users, and our third-party partners. If you do not have the right to submit your Content for such use, it may subject you to liability. Snakt shall not be responsible or liable for any use of your Content in accordance with these Terms, and by posting your Content to the Service, you are representing that you have all the necessary rights, power, and authority to do so and to enable other users and our partners to use such Content in accordance with these Terms.
7. App License
Subject to the terms of these Terms, Snakt grants you a non-transferable, non-exclusive license to download, install, and use one copy of the App in object code form only on an interactive wireless device that you own or control.
You may not derive or attempt to derive the source code of all or any portion of the App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the App or any part thereof.
Snakt and its licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto.
The following terms and conditions apply to you only if you are using the App from the Apple App Store or Apple's Testflight platform (collectively, the "Apple App Store" or "App Store"). To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Snakt, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Snakt acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Snakt acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, Snakt, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and Snakt acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
8. Snakt Rights
All right, title, and interest in and to the Service, including applicable copyrights, trademarks and any other proprietary rights, are and will remain the exclusive property of Snakt and its licensors. All trademarks, service marks, logos, trade names and any other proprietary designations of Snakt used herein are trademarks of Snakt (the "Snakt Trademarks"). Your use of the Snakt Trademarks are subject to these Terms. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. As a user of the Service, you agree that any feedback or information you give us regarding the Service is provided voluntarily and will belong to Snakt, and you hereby assign all rights in such feedback and information to Snakt. We may use that information for our business or other purposes without obligation or remuneration to you, including to continue improving the Service. Snakt reserves all rights not expressly granted in these Terms.
9. Copyright Policy
Snakt respects the intellectual property rights of others and expects users of the Service to do the same. Snakt complies with the federal Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legislation/dmca.pdf. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to us.
If you believe that any Content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- 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, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you that you have a good faith belief that 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 copyright owner.
If you believe that your Content that was removed after we received a notice of copyright infringement is not actually infringing, or that you have the necessary rights to post your Content, please send us a counter-notice containing the following information:
- your physical or electronic signature (with your full legal name);
- identification of the Content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief, under penalty of perjury, that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
If we receive a counter-notice, we may send a copy of the counter-notice to the person alleging copyright infringement and inform that person that we may replace the removed Content in ten business days. Unless the original person alleging copyright infringement files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, in 10 to 14 business days or more after receipt of the counter-notice, at Snakt's sole discretion.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Snakt may also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Tristan Snell
625 Broadway, New York, NY 10012
New York, NY 10012
10. International Usage
This Service is provided by Snakt from its offices in New York, United States of America. Snakt makes no representation that the Service is appropriate or available in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.
We may suspend or terminate your account without notice in the event: (i) you violate these Terms or any other rules that govern the use of the Service, (ii) you create risk or possible liability for us or others; or (iii) as otherwise determined by us in our sole discretion.
In each of these cases, these Terms will terminate, including your license to use the Service, except that the following sections shall continue to apply: 4, 5, 6, 7, 8, 11, 12, 13 and 14.
12. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Snakt and its officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Snakt Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
a. The Services are Available "AS-IS"
Please be aware that the Service may sometimes be restricted or unavailable due to development cycles, bugs or technical problems.
Without limiting the foregoing, your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you "AS IS" and "AS AVAILABLE," with no warranty of any kind. Without limiting the foregoing, THE SNAKT ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY OR NON-INFRINGEMENT.
The Snakt Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content, including by any modification to your Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; and (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Snakt Entities or through the Service, will create any warranty not expressly made herein.
b. Third Parties
The Service may contain links to third-party websites or resources. We have no control over linked websites or the content, products or services available on these websites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Snakt Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
If you have a dispute with any other third party resulting from or arising out of or in connection with your use of the Service, you release the Snakt Entities from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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."
c. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SNAKT ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IF, FOR ANY REASON, A COURT FINDS SNAKT LIABLE FOR DAMAGES NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SNAKT ENTITIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), CONSUMER PROTECTION LAW, OR OTHERWISE, AND WHETHER OR NOT THE SNAKT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF THIS SUBSECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SNAKT AND YOU.
14. General Terms
a. Waiver, Severability and Remedies
The failure of Snakt to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
b. Arbitration, Controlling Law, and Jurisdiction
THIS SECTION 14.B INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.
Informal Process First
You agree that if you have any dispute with Snakt relating in any way to these Terms or from access to or use of the Service, you will first contact us and make a good faith sustained effort to resolve the dispute with us informally before resorting to more formal means of resolution.
Arbitration ("Arbitration Agreement")
If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (collectively, "Claim") relating in any way to your use of Snakt's services and/or products, including the Service, or relating in any way to the communications between you and Snakt or any other user of the Service, by binding arbitration. However, this Arbitration Agreement does not (a) govern any Claim by Snakt for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this Arbitration Agreement within 30 days of the first of the date you access or use this Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Snakt are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to: Snakt, Inc., Attn: Tristan Snell, 625 Broadway, New York, NY 10012. The arbitration will be administered by the American Arbitration Association ("AAA") under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Service on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available atwww.adr.org or by calling 1-800-778-7879.
The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. New York law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse those reasonably fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the "Class Action Waiver" section below.
If you do not want to arbitrate disputes with Snakt and you are an individual, you may opt out of this Arbitration Agreement by sending an email to firstname.lastname@example.org 30 days of the first of the date you access or use the Service.
Class Action Waiver
Any Claim must be brought in the respective party's individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. In the event that this Arbitration Agreement is found not to apply to you or a particular Claim, you and Snakt agree that any judicial proceeding (except for small-claims court actions) will be brought in a state or federal court located in New York City, New York, and both you and Snakt consent to the personal jurisdiction and venue of the courts located within New York City, New York for the purposes of resolving such Claims. If for any reason a claim proceeds in court rather than in arbitration, you and Snakt each waive any right to a jury trial.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).
Any notices or other communications permitted or required under these Terms, including any notices relating to modifications to these Terms, will be in writing and given by Snakt (i) by email to the email address that you provided when registering for your account; or (ii) by posting to the Service. For notices made by email or posting, the date of receipt will be deemed the date on which such notice is transmitted or posted, whichever is earlier.
We may modify these Terms at any time, and will update the most current version at www.snakt.com/terms/. If we determine that we have made a material change, we will notify you by sending you an email to the email address you provided when registering for your account or by posting a notice through the Service. If you continue to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
e. Entire Agreement
Last Revised: July 24, 2017