This is a legal agreement between Snob Technnologies S.L. (“Company,” “we,” “us,” or “our”)and “you,” the user of our Selfiest mobile application (the “Application”) available via the AppleApp Store. The Application allows users to take selfies with their mobile phones and share themwith friends.
By posting any content on the Application, you acknowledge and agree to grant us gratuitousnonexclusive sublicensable permit for usage, modification, public display, reproduction anddistribution of any data or materials you use in the Application as well as any other media, orelectronic communication service provided by the Application.
Our Intellectual Property
The Site, as well as all its elements (such as software, texts, logotypes, brands, domain names,titles, images made available by the Company, and databases created by the Company) as well as the Application are the exclusive property of the Company. Any total or partial reproduction and representation of an element composing the Site and/or Application without prior authorization by the Company will be considered as counterfeiting by the Code de la Propriété Intellectuelle (the French Code of Intellectual Property), and will entail corresponding penalties.
You acknowledge and agree that any and all activity occurring under your account is at your sole responsibility, and that you have all the rights to upload all content through your account (“User Content”). The Company cannot be held liable or responsible for any illegal or harmful content. From the moment it has received such information, the Company will undertake prompt actions for removing such content or no longer giving access to it.
You acknowledge and agree to respect all legal and regulatory measures in force. You must ensure that all your publications submitted to the Application do not contain violation of intellectual property of third parties, attacks on individuals (such as defamation, insults, injuries, threats, etc), affront to public order and morality and respect human privacy rights (justifying crimes against humanity, incitement to racial hatred, child pornography, etc).
You commit to stay away from expressing opinions or claims that do not reflect your own, acting or interacting with other users of the Application for commercial purposes. You further commit to avoid obscene, defamatory, unlawful, insulting, threatening, abusive, sexually oriented, profane, racially offensive or harassing language.
Any publication or content which violates these rules will be removed immediately after the Company is informed about such violation. In case of regular violations, the Company will close or suspend the User’s account for abusive publications.
Links to Third Party Websites
As part of the Application, the Company may provide you with links to third party websites, as well as content owned or operated by third parties. Such links are provided for informational purposes only. The Company cannot be held responsible for any Third Party Sites accessed through the Application, or any third party applications, software or content available or installed from the Application. Our inclusion of links to third party websites does not in any way imply our approval or endorsement of such websites, any materials or content made available therein. Before accessing any thirdparty website, please make sure you familiarized yourself with the applicable terms and policies applicable to it.
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS AVAILABLE TO YOU AS IS, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY FOR THE COMPLETENESS, AVAILABILITY, TIMELINESS OR RELIABILITY OF THE APPLICATION OR ITS CONTENT. ANY RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THE APPLICATION, ITS CONTENT OR ANY OTHER MATERIAL IS AT YOUR FULL RESPONSIBILITY.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR AFFILIATES, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR LOSS OF PROFITS, USE OR DATA, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, RESULTING FROM (A) YOUR USE, ACCESS TO OR INABILITY TO ACCESS OR USE THE APPLICATION; (B) ANY OTHER INTERACTIONS WITH THE APPLICATION OR ANY OTHER USER OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, ILLEGAL OR OFFENSIVE CONDUCT OF OTHER USERS OR THIRD PARTIES; (C) ANY CONTENT OBTAINED FROM THE APPLICATION; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS MAY LIMIT OR NOT PERMIT DISCLAIMERS OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We respect the intellectual property rights of other people, and will react immediately should any infringement of such rights occur, pursuant to the Digital Millenium Copyright Act of 1998 (“DMCA”). If you believe that any of the materials you see on the Application may infringe someone’s copyright, you may notify us by emailing us at [email protected], and sending the following information:
1. A description of the original copyrighted work that you claim is infringed, or a representative list of the copyrighted works (if you want to cover multiple copyrighted works in your notice);
2. A detailed description of the content on the Application that you claim infringes the copyrighted work;
3. Your contact information, such as full name, telephone number, mailing and email address, allowing the service provider to contact you;
4. A statement of your good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner, or are authorized to act on behalf of the copyright owner of an exclusive right that is infringed;
6. A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf.
In case of contradictions between the conditions of the General Terms and any alteration introduced, in particular, with the aim to abide the national law in force, the changes introduced in the General Terms will prevail.
Term and Termination
The present Conditions will be in full force until their termination by the Company. The Company has the right to terminate your account or suspend your access to the Application in case you do not follow any of the conditions of the Terms or act in a way revealing absence of your intention or ability to follow the conditions of these Terms.
Governing Law and Dispute Resolution