TERMS AND CONDITIONS

GENERAL

Maxeler provides Snippety to you under these Terms of Service and the Maxeler Privacy Policy (“Privacy Policy”), found here. By accessing, registering for, using or downloading Snippety, you agree to the following terms, conditions, policies, guidelines, and amendments listed below (the “Terms,” “Terms of Service” or this “Agreement”) and all applicable laws.

You are only allowed to use Snippety if you agree to our Terms of Service and corresponding Privacy Policy. If you do not agree to these documents, you must not access or use Snippety.

PRIVACY POLICY

In addition to the terms and conditions on this page, we have also incorporated a Privacy Policy to this Agreement. Our Privacy Policy outlines our privacy practices, including how we collect and use your personal information. Our Privacy Policy can be found by clicking here.

COMPLIANCE AND DISCLOSURE

Maxeler reserves the right to contact you in connection with our or your compliance with, and the performance of, these Terms or any activities related to Snippety.

By accessing and using Snippety, you acknowledge and agree that Maxeler may keep record of activities or content in connection with Snippety. Maxeler may also disclose these activities or content in connection with Snippety if required to do so by the law or in the good faith belief that this action is reasonable and necessary to:

• Comply with the law or legal process;
• Enforce these Terms of Service;
• Respond to claims that your activities in connection with Snippety violate the rights of third parties;
• To protect the rights, property, or personal safety of Maxeler, Service users, or the public.

NO LIABILITY FOR THIRD PARTY WEBSITES OR SERVICES

These Terms of Service and corresponding Privacy Policy apply to all uses of Snippety and extend to all of our users. Snippety may contain links to third party websites and services that are not owned or controlled by Maxeler and we cannot control, and will not be held responsible for, the content, privacy policies, or practices of any third-party websites or services. By using the Maxeler website and Snippety, you specifically release Maxeler from any and all liability arising from your use of any third-party website, third party services, or interaction with any third party.

MODIFICATION OF TERMS

Maxeler reserves the right to update or modify this Terms of Service and corresponding Privacy Policy at any time. All updates to these documents will be effective from the day they are posted online. The updates and modifications will be linked to Snippety behind the links labelled “Terms of Service” and “Privacy Policy.” It is your responsibility to regularly visit and review this Agreement and the Privacy Policy. The most current version of the Terms of Use, which will always be located on our website, will govern our relationship with you. We will try to notify you of material revisions; for example, via a service notification posted to the website or an email to the email associated with your account. If you do not agree to modifications to our Terms of Service and Privacy Policy, simply unsubscribe to and stop using Snippety. Your continued use of Snippety after we have posted the revised Terms of Service or Privacy Policy signifies to us that you acknowledge and agree to be bound by these revised Terms of Service.

GRANT OF LICENSE

Snippety is the sole property of Maxeler and is licensed, not sold.

We will grant you a worldwide, nontransferable, nonexclusive, revocable license to use Snippety only under the condition that you agree to follow all of the terms and conditions listed in this Terms of Service and our corresponding Privacy Policy. This license must be used for your internal business purposes only.

Maxeler reserves all additional rights, including all intellectual, industrial, and proprietary rights that are not specifically granted to you in these Terms of Service or Privacy Policy.

LICENSE RESTRICTIONS

PROHIBITED USE OF SERVICES

Copy Restrictions

Maxeler respects the intellectual property rights of others and expects you to do the same. To the extent permitted by applicable law, you are NOT ALLOWED to:

• decompile, disassemble, or electronically transfer Snippety to third parties;
• modify Snippety in any way;
• reverse engineer, or permit others to reverse engineer, Snippety;
• copy the user manuals, help features, user forums and other documentation associated with Snippety;
• rent, lend, publicly perform, present, broadcast or distribute Snippety;
• make derivative works of Snippety;
• translate Snippety into another computer language;
• use Snippety on a device that you do not own or control;
• permit multiple users to share a single user name to Snippety; or
• copy, modify, transfer, or use Snippety in a way that is not specifically mentioned by us in this Terms of Service.

Harmful or Illegal Use

By using Snippety, you agree to respect Maxeler and fellow Snippety users. To the extent permitted by applicable law, you are NOT ALLOWED to:

• permit multiple users to share a single user name to Snippety;
• undergo excessive use of CPU time, bandwidth, network capacity, disk IO, or storage space;
• use our network to send unsolicited bulk electronic mail messages (“Spam”);
• use “warez,” including pirated software, ROMs, emulators, phreaking, hacking, phishing, password cracking or cheating, IP spoofing, etc.;
• use or launch any automated system on our network, including (without limitation) “robots” or “spiders.”
• use BitTorrents or related technology on our servers;
• use a false email return address to confuse other users;
• attempt to access other accounts that do not belong to you;
• undergo any act that interferes with another user’s use of Snippety;
• circumvent our security measures;
• engage in illegal activities or engage in activities harmful to the operations of Maxeler, Snippety or other customers and users;
• engage in terroristic activities; or
• send or store infringing, obscene, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or that violates any third-party IP or privacy rights.

Any prohibited use of Snippety listed in this section, or any other use of Snippety that Maxeler deems to be unacceptable will result in immediate account suspension or cancellation without refund and the possibility that Maxeler will impose fees; and/or pursue civil remedies without providing advance notice.

INTELLECTUAL PROPERTY RIGHTS

The content provided in Snippety, except all User Data (as defined below), is owned by or is licensed to Maxeler. This includes, but is not limited to the text, graphics, photos and interactive features created by and for Maxeler (collectively, “Maxeler Content”). This also includes trademarks, service marks, and logos contained in Snippety (“Maxeler Marks”), subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. By registering for Snippety, you are not granted a right or license to the Maxeler Content or Marks.

The Maxeler Content and Marks displayed on Snippety are provided to you AS IS, for your information, and personal use only. Maxeler Content must not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. This includes any use, copying, or distribution of Maxeler Content obtained through Snippety for any commercial purpose.

USER DATA AND ACCOUNTS

User Data

Maxeler does not own any data, information, or material that you submit to Snippety or via your use of Snippety (“User Data”). You, not Maxeler, are fully responsible for the quality, integrity, legality, accuracy, intellectual property ownership, reliability, appropriateness, or the right to use all of the User Data. Maxeler cannot be held responsible for the deletion, correction, destruction, damage, loss or failure to store any User Data.
User Accounts

When you sign up for a User Account with Maxeler, you are required to give us true, accurate, current and complete information about yourself in all required fields of our registration form. For details on the types of data we collect for User Accounts, please visit our Privacy Policy here.

If your information changes, it is your responsibility to update your account to reflect these changes. If Maxeler feels that your account information is not complete, current, or accurate, or that your account violates these Terms of Service, Maxeler may suspend or terminate your account.

USER DATA AND ACCOUNTS

Maxeler calculates and bills fees in advance on a monthly basis. You agree that you will pay all applicable fees according to the billing process described below. All charges are non-refundable unless we specifically state otherwise in this Terms of Service, or unless it is otherwise provided by applicable law.

Fee Cycle and Payment of Fees

You agree to allow Maxeler to charge your credit card on a monthly basis in advance for providing Snippety. You also agree to allow Maxeler to charge your credit card, as needed, for additional overage costs or other charges that you may accumulate in connection with your use of Snippety.

Billing Policies

Payments are nonrefundable. Maxeler does not give pro-rated refunds for unused time if you cancel your account in the middle of a billing cycle. Additionally, Maxeler does not grant upgrade/downgrade refunds, nor does it grant refunds for months that are unused by an open account.

Upgrades

You agree to pay for any and all subscription upgrades that you request for your user accounts. If you upgrade your plan level or number of user licenses, Maxeler will automatically charge the credit card you provided with the new rate on your next billing cycle. If you upgrade your account in the middle of a billing cycle, a prorated amount for the upgrade may be assessed immediately.

Downgrades

If you decide to downgrade your subscription plan level, you may lose significant features, functionality, or storage capacity on your account. In the event that this occurs, Maxeler does not accept any liability for this type of loss. You are solely responsible for planning ahead and backing up your data before your account downgrade occurs. You agree and acknowledge that Maxeler is not liable for your User Data, and that it has no obligation to retain your User Data in the event of a downgrade. You also acknowledge and agree that Maxeler will delete your User Data if it is more than sixty (60) days after the downgrade.

Additional Fees

Maxeler is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Maxeler. Currency exchange settlements will be based on agreements between you and your credit card provider.

Additionally, you are responsible for paying all sales tax, use tax, value added taxes, withholding taxes and any other similar taxes and charge of any kind imposed by federal, state or local governmental entity on the transactions contemplated by the Agreement. When we have the legal obligation to pay or collect taxes for which you are responsible, the appropriate amount will be invoiced and paid by you unless you provide us with a valid tax exemption certificate authorized by the appropriate tax authority.

Fee Changes

Maxeler reserves the right to change the prices of all services, including, but not limited to, monthly subscription plan fees upon the renewal of your subscription contract. Maxeler will provide notice of fee changes by posting the fee changes to the Maxeler website and via the email associated with your account. No price changes will take place during a subscription contract. Price changes take effect upon renewal of the subscription contract. Renewals of subscription contracts will take place automatically if you continue to use Snippety beyond the term of your current or initial contract term.

Late Payment, Non-Payment, and Suspension

All payments are made in advance of receiving services. If we do not receive payment of fees, in full, within three (3) days of processing your credit card, Maxeler retains the right, without notice, to suspend or terminate your user account and your access to Snippety.

TERM AND TERMINATION

Termination or Cancellation by Maxeler

Maxeler reserves the right, at its sole discretion, to terminate your password, account, or use of Snippety and may withhold, remove and/or delete User Data without notice if you materially breach this Agreement. A material breach of this Agreement includes, but is not limited to, your non-payment of fees and your failure to abide by these Terms and Conditions.

If Maxeler suspends or cancels your account, your right to use Snippety will stop immediately. You are responsible for backing up the User Data associated with your account. Once your account is cancelled and deleted, you will not have any access to any User Data that you stored on Snippety. You acknowledge and agree that we do not give pro-rated refunds for unused time if Maxeler cancels or terminates your account in the middle of a billing cycle.

Termination or Cancellation by You

If you are unhappy with Snippety, you have the right, at any time or for any reason, to cancel your account with Maxeler. You can cancel your account by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a cancellation link. You acknowledge and agree that we do not give pro-rated refunds for unused time if you request to cancel your account in the middle of a billing cycle.

ACCOUNT DELETION

Your right to access your account and the User Data stored within it is terminated immediately following account cancellation and deletion. You are responsible for backing-up your data that you use within Snippety. Following account cancellation and deletion, you will not have access to any data that you stored on Snippety. You acknowledge that we do not give pro-rated refunds for unused time if you cancel your account in the middle of a billing cycle.

REPRESENTATIONS AND WARRANTIES

Maxeler’s Representations and Warranties

Maxeler represents and warrants that:

• It has the authority and is legally able to form a binding contract with you;
• It will, at a minimum, conform to generally accepted industry standards and practices.

Your Representations and Warranties

By registering for and using Snippety:

• You represent and warrant that you are financially able to pay the fees required through the Terms of this Agreement and any additional fees that may be assessed at a later date.
• You represent and you warrant that you are legally able to form a binding contract with Maxeler.
• You agree to provide current and accurate identification, contact, credit card, and other information as part of the registration process for access to Snippety.
• You agree to be solely responsible for all content on your account. Your account, including your username and password, are personal to you and should not be used by any other user or legal entity.
• You agree to be solely responsible for maintaining the confidentiality of your account information, and you are responsible for all activities that occur under your account.
• You agree that you are solely responsible for backing up any and all data stored within your Snippety account. Maxeler will not be liable for any loss or damage that arises from your failure to back up the data on your account.
• You agree to immediately notify Maxeler of any unauthorized use of your account or any other breach of security. Maxeler will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
• You understand that all User Data is the sole responsibility of the account owner from which the User Data originated. Maxeler does not claim ownership to or responsibility for, any User Data.
• You agree to use Snippety only for purposes that are legal, proper and according to the Terms of Service, corresponding Privacy Policy, and any applicable policies or guidelines.
• You agree that you will not engage in any activity that interferes with or disrupts Snippety, Maxeler services or servers, or networks connected to Snippety or any other Maxeler services.
• You represent and you warrant that you will not use Snippety in any way considered “prohibited” (please read the “Prohibited Use of Services” section above for more information). These actions are subject to the strict regulation of Maxeler and are grounds for suspension or termination of your account.
• Maxeler reserves the right, but does not assume responsibility, to monitor or review any activity on Snippety. You agree that you are responsible for the conduct of all users of your account and any User Data that is created, transmitted, stored, or displayed by, from, or within your account while using Snippety. You will be held responsible for any consequences, legal or otherwise, that arise from your use of Snippety.

INDEMNIFICATION

By accessing, registering for, using, or downloading Snippety you agree to indemnify, defend and hold harmless Maxeler, its officers, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to:

• Any claim due to or arising out of your violation of the Terms of Service, including but not limited to a claim arising out of a breach of your representations or warranties made under these Terms of Service;
• Your use of and/or access (or any use or access by a third party on your account) to Snippety;
• Your violation of any third party right, including without limitation, any copyright, property, moral or privacy right; or
• The unavailability of Snippety.

LIMITATION OF LIABILITY

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with Snippety is to uninstall any Maxeler software and to unsubscribe and stop using Snippety.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MAXELER, ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE SNIPPETY, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MAXELER HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO SNIPPETY WILL NOT BE MORE THAN THE AMOUNTS PAID BY YOU TO MAXELER DURING THE PRIOR THREE MONTHS IN QUESTION.

INTERNET DELAYS

SNIPPETY MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS THAT ARE ASSOCIATED WITH THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MAXELER IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM THESE PROBLEMS.

WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SNIPPETY IS PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MAXELER DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SNIPPETY WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA. YOU AGREE THAT YOUR USE OF SNIPPETY IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A MAXELER AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

EXCLUSIONS AND LIMITATIONS

Some states and/or jurisdictions do not allow the exclusion of implied warranties or for liability limitations to be placed on certain types of damages (including incidental or consequential damages). Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there will not be third party beneficiaries to the Terms of Service.

NO AGENCY

You acknowledge and agree that no joint venture, partnership, employment or agency relationship is intended or created between you and Maxeler by this Agreement.

NOTICE

You agree that Maxeler may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Maxeler websites.

MISCELLANEOUS

Entire Agreement

The Terms of Service and Privacy Policy (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Maxeler and govern your use of Snippety, superseding any prior agreements between you and Maxeler for the use of Snippety. You also may be subject to additional terms and conditions, rules, regulations, and applicable law that may apply when you use or purchase certain other Updates. The provisions limiting Maxeler’s liability will survive the expiration or termination of this Agreement.

Choice of Law and Forum

The Terms of Service and the relationship between you and Maxeler are governed by the laws of the State of New York. You and Maxeler agree to submit to the personal and exclusive jurisdiction of the courts located within New York, New York.

Location and Data Transfers

Snippety and the servers that make the Snippety available may not be located in the country where you live and are governed by U.S. Law. By using Snippety, you agree to the transfer, collection, processing and use of data by Maxeler.

Assignment

Maxeler may assign or transfer (whether by merger, reorganization, consolidation, intellectual property, or otherwise) this Agreement or any obligation incurred under this Agreement. Maxeler may assign this Agreement without your consent to a subsidiary or affiliated company that currently exists or that may be created in the future. This Agreement will be binding upon and inure to the benefit of the parties and their respective successors.

Waiver and Severability of Terms

If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. If Maxeler does not enforce any right or provision in this Agreement, it does not create a waiver of these rights of provisions unless they are acknowledged or agreed by Maxeler in writing.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Snippety or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

QUESTIONS OR ADDITIONAL INFORMATION

If you have any questions regarding Maxeler, this Agreement, our Privacy Policy, or any other additional information, please email us at: contact@snip.team