Android Photo Sharing App by Snapfish distribution permissions and end-user license agreement
Snapfish Terms and Conditions
Welcome to Snapfish! Snapfish provides members a fun, safe, and easy way to process, print, digitize, store, share and otherwise use (collectively "Process") photographs. However, before you enter the Snapfish site (the "Site") or use any of the Snapfish services, you must carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Snapfish that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.
Terms of Membership
Snapfish membership ("Membership") is available to you if you are at least 13 years of age and submit certain requested information to Snapfish, including your name and correct email address. When you become a Member, you must provide Snapfish with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).
The Service is for personal use only.
A condition of Membership is your "Active Participation" in the Service. Active Participation is defined as sending in film or purchasing photo merchandise, including reprints and enlargements, through the Service at least once every 365 days. Purchases through Snapfish third-party advertisers, including HP Home & Home Office Store, do not count towards Active Participation. If you cease Active Participation for any reason, Snapfish may terminate your Membership (or any part thereof) and your use of the Service, and may remove and discard all information, communications, postings, albums, image files, creative material, photographs, links, comments, and other content (collectively "Content") uploaded by you or otherwise made available by you within the Service.
Digital Image Storage
Snapfish offers free, unlimited storage of online photos to Members who maintain Active Participation. There is no limit to the Content you can upload. When you upload image Content to the Service, the original resolution of your Content may be affected depending on the upload speed you choose. Further, if you upload an image with more than nine mega-pixels of resolution, Snapfish may in its discretion down-sample the image regardless of the upload speed you choose.
You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.
Snapfish is committed to ensuring that the Service remains a fun and safe place to Process photographs. To that end, the Service allows Members to be creative with their Content. Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that Snapfish believes:
Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
Comprises copyrighted material used without the express permission of the owner;
Violates or otherwise encroaches on the rights of others;
Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);
Advocates illegal activity;
Harms anyone, including minors; or,
Provides a link to any of the above;
Snapfish has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although Snapfish does not and will not examine or otherwise review all Content submitted or transmitted to the Service, Snapfish may delete, move, and edit Content for any reason, at any time, without notice.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
Snapfish in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.
As part of the Service, Snapfish may offer Members the right to establish group rooms, shared rooms, or other similar capabilities on the Site (collectively “Group Rooms“), at Snapfish's option and subject to Snapfish's conditions. If a Group Room involves a Member-specific URL, such as xxx.snapfish.com, Snapfish may revoke the right to use that URL for any reason deemed appropriate by Snapfish in its sole discretion; Snapfish will provide at least thirty days notice prior to any such revocation. Snapfish owns and retains all right, title, and interest in the use of “snapfish“ or other Snapfish property in association with Group Rooms.
No Resale of Service
Your use of the Service may be for personal purposes only. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.
Third Party Software
As a convenience to Members, Snapfish may make third-party software available through the Service, including by downloading. To use such software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. Snapfish makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such software.
When you use the Service, you become a participant in an online community of people who enjoy photography. In order for Snapfish to make your photos available to you and your invitees, as well as to use images to offer you a special variety of online services, Snapfish needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms. Accordingly, as a condition to your Membership, you hereby grant Snapfish a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute your Content, solely for providing or improving the Service. As a condition to Membership, you represent and warrant to Snapfish that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.
The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, Snapfish has a process in place to respond to your concerns. Please see How To Contact Us About Copyright Infringement Claims.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS SNAPFISH, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "SNAPFISH AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
IN NO EVENT WILL SNAPFISH OR SNAPFISH AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. SNAPFISH WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR FILM, PRINTS, OR NEGATIVES ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, SNAPFISH'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR SNAPFISH TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH FILM AND PRINTS, OR (II) REPRINT THE PHOTOS AT NO EXTRA COST AND GIVE YOU AN EQUIVALENT AMOUNT OF UNEXPOSED FILM IF YOUR NEGATIVES ARE UNUSABLE.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SNAPFISH AND SNAPFISH AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SNAPFISH MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. SNAPFISH MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, SNAPFISH WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Snapfish may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Snapfish elsewhere within the Service, or (ii) conduct Snapfish believes is harmful to other Snapfish users, the business of Snapfish, or HP Affiliates, or (iii) failure to maintain Active Participation in the Service. Snapfish will not be liable to you or any third-party for any termination of your access to the Service.
Choice of Law
The state and federal courts of California are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of California.
Modification of Terms
Snapfish may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by Snapfish will be prospective only.
These Terms constitute the entire agreement between you and Snapfish governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use Snapfish Affiliate services, third-party Content, or third-party software.
The failure of Snapfish to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
You can report abuse of these Terms to email@example.com.