Terms and Conditions Snoober Media
Content of the Terms and Conditions:
7. Other Conditions
10. Registration and Account Security
11. New Versions
Words beginning with a capital letter, have, unless otherwise indicated, the following meanings.
Snoober Media’s Platform means the Application Platforms and related documentation by Snoober Media supplied in printed or electronic form or made available in connection with the services, if any.
Application Platform means the computer programs or custom developed software in object code, database software, website and applications owned by Snoober Media and delivered by Snoober Media to the User or to which the Users is granted access to by Snoober Media as part of the service.
Agreement means the Agreement consisting of these Terms and Conditions, any documents, annexes and appendices and attachments to these Terms and Conditions.
Users/User means any natural and/or legal (m/f) who Snoober Media has entered into a contract with and are entitled to use the Snoober Media Platforms and Application Platforms and as such are created in the Snoober Media platform.
New releases means a publication of the Snoober Media Platform or part of in which small and/or technical changes have been made and where malfunction may be repaired.
New version means a publication of the Snoober Media Platform or part of in which the functionality and/or the technique is substantially changed from the previous version.
- The General Conditions apply to all Agreements and all other (legal) acts between Snoober Media and Users and shall survive expiration of the Agreement shall apply to the relationship between the User and Snoober Media.
- The applicability of General Terms and Conditions other than these Terms and Conditions is expressly excluded, unless otherwise agreed in writing.
- Any deviations from these Conditions can only be valid if agreed in writing.
- The User warrants that he/she will correctly provide full name, e-mail and address data and other information necessary for the services and that the information will always be provided in a timely manner.
- After the closing of an Agreement the user receives access to the services offered by Snoober Media and will subsequently make use of the services.
- The User is solely responsible for the abuse of username and password and will immediately inform Snoober Media of any loss, theft and/or abuse.
- In other words, you agree to all Terms and Conditions of Snoober Media.
- Applicable legal rules.
- By filling out such forms and/or use of the services, the User accepts these Terms and Conditions explicitly.
- The User guarantees to Snoober Media for ever to act in accordance with the Terms and Conditions and indemnify Snoober Media for any harm they suffer at some point, as a result of acting in breach of the Terms and Conditions.
- The User accepts full responsibility and liability for the content of messages sent by himself or by a third party on his request. The User agrees to provide all instructions regarding the use of the Snoober Media Platforms and Application Platforms to follow at all times.
- If the User fails to comply with instructions from Snoober Media, Snoober Media has the right to (temporary) block access Snoober Media’s Platforms and Application Platforms.
- The User is not permitted to use Snoober Media’s Platforms and Application Platforms for actions and/or behaviors that are contrary to applicable laws, etiquette or these Terms and Conditions.
This includes, but not limited to, the following actions and behaviors:
- the unsolicited sending of bulk e-mails or SMS messages with the same content and/or posting large numbers of newsgroups on the Internet with a message with the same content (spamming);
- violating copyright works or any other conduct which violates the intellectual property rights of third parties;
- misleading third parties;
- making any abuse of texts, logo and/or information provided by Snoober Media;
- offering products or services which are not self-developed by the User without the consent of the author or right holder;
- sending messages with threatening, abusive, violent, pornographic, discriminatory, or (any other) illegal content.
The User indemnifies Snoober Media all claims of third parties concerning intellectual property rights on materials provided by the User and/or data, which are made available by the User to Snoober Media and used in the performance of the services. The User also indemnifies Snoober Media for all other possible claims by third parties relating to the use by the User of Snoober Media’s Platform and Application Platforms.
Snoober Media has the right to suspend the fulfillment of its obligations or to dissolve the Agreement if the User:
- not or not fully comply to its obligations under these Terms and Conditions ;
- unlawfully acts against Snoober Media;
- acts contrary to public order or morality or acts in one way or another that could be offensive or violent in the opinion of Snoober Media;
- carries out operations which have or will cause injury to Snoober Media.
In other words, you comply with all (legal) rules applicable to our services.
- The User has to pay a fee for use of the Snoober Media Platforms and Application Platforms as stated on the website of Snoober Media.
- The User has to pay compensation within 7 days after the invoice date to Snoober Media within the currency of the invoice, in a manner to be specified by Snoober Media. Snoober Media does not allow the user the liberty to deduct sole claims on Snoober Media on invoices sent by Snoober Media.
Snoober Media will strive to keep Snoober Media’s Platform and Application Platforms available, but does not guarantee the complete and permanent availability. More specifically, it does not guarantee nor accepts liability for the required availability of digital communications facilities of third parties.
- Snoober Media will always perform Snoober Media’s Platform and Application Platforms to the best of its knowledge and abilities. All commitments made by Snoober Media under a agreement include a best efforts obligation.
- Snoober Media has right to decide whether or not to temporarily block services or payments when there is suspected fraud, instructions to do so, or situations where further research is forced. The user will be informed in writing, unless this is not desirable in the interests of the investigation. Snoober Media is not liable for any damages suffered.
In other words, when a suspicion of fraud may Snoober Media (temporary) block services.
- Snoober Media use the personal data available to it only to the extent necessary for the performance of its services.
- The User has the right to request and to see relevant personal data of the registered User with Snoober Media.
In other words, we treat your personal data responsibly.
7. Other Conditions
- All time and dates limits specified by Snoober Media are always deadlines, unless explicitly agreed otherwise in writing. Snoober Media is not in default until it has first been given notice of default in writing by the User and a reasonable period for restoration is given.
- All credit is tenable for one year from the activation date of the credit.
- Snoober Media has the right to have certain work or services done by third parties.
- Unless otherwise agreed, any Agreement entered into is for an indefinite period.
- Each party has the right to terminate the Agreement with a notice period of thirty (30) days.
- Each Party has the right to terminate the Agreement if the other party asks for moratorium on payments or bankruptcy or moratorium or bankruptcy is declared.
- All intellectual property rights, including, but not limited to, all existing and future rights and claims on, or relating to the use of, copyright and neighboring rights, chips rights, trade name rights, trademarks, domain names, patents, design rights and database rights in respect of Snoober Media’s Platform and Application Platforms or related matters, held solely by Snoober Media.
- The User has a right to use the Snoober Media’s Platform and Application Platforms for the duration of the Agreement, to the extent necessary for the performance of the Agreement. None of the provisions of the Agreement or these Terms and Conditions shall transmit any rights to the User regarding Snoober Media’s Platform and Application Platforms or related matters.
- The User never has the right to make any adjustment to Snoober Media’s Platforms and Application Platforms neither the User has the right to make any copy of Snoober Media’s Platform and Application Platforms or decompile and/or otherwise edit (or attempt to).
- If Snoober Media is liable in respect of failure to perform its obligations or otherwise damages are suffered by the User, Snoober Media shall only be liable for direct damages and not for indirect damages. Indirect damage shall include, but not limited to: loss of goodwill, lost profits, lost savings, lost (investment) opportunities.
- A failure in the performance of any Agreement may not be invoked against Snoober Media and third party(ies) hired by Snoober Media in cases of force majeure.
- Force majeure shall be defined as circumstances or events lying outside the control and will of Snoober Media – whether those conditions or events were foreseeable at the time of signature of any Agreement – as a result of which Snoober Media can not reasonably be kept to its obligations under the Agreement. These circumstances or events include, at least, but not limited to: war, fire, natural disasters, labor disputes, power failures, strikes, epidemics, government regulations and / or similar rules, embargoes, failure (bankruptcy or otherwise) by suppliers, subcontractors or any other for the execution of the Agreement by Snoober Media hired third party(ies), seizures, unavailability of telecommunications and (attempts to) unauthorized entry into and/or making unauthorized use of the systems, networks and databases of Snoober Media and/or for which Snoober Media is dependent on, as well as all the unconscious work performed by others than Snoober Media or by third parties hired.
- If and insofar Snoober Media is liable to the User, this liability shall in all cases be limited to an amount equal to the amount the User has met in respect of the Agreement to which the loss relates to Snoober Media. In an Agreement with a term of more than six (6) months, the liability of Snoober Media is limited to the maximum over the last six (6) months amount received by Snoober Media under the virtue of the Agreement, excluding VAT.
- The liability of Snoober Media shall, notwithstanding the foregoing articles, in all cases limited to EUR 10.000, – (in words: ten thousand euros) per causing damage incident. A series of events counts as one (1) incident.
- Each claim against Snoober Media proceeds by the expiration of a period of three (3) months after the incident causing injury is known to the User, subject to the written written acknowledgment of the claim by Snoober Media.
- If one or more obligations of these Terms and Conditions are found invalid by a competent court or is/are considered voidable, the remaining provisions of these Terms and Conditions remain in full force.
- Transfer of rights provided by the User of any Agreement or the obligations contained therein is only possible with the prior written consent of Snoober Media, which may be authorized under certain (then to be specified) conditions.
- Parties shall except with the prior written consent of the other Party treat all data and information on the other Party which are secret or of a confidential nature in strict confidence, secure and appropriately and in no way disclose them to third parties. Parties will only use the information provided here in the context of an agreement.
- Except with the written consent of what has been stipulated under the Agreement, the term secret or confidential information or data at least partly, but not limited to: any information as secret or confidential explicitly indicated by the other Party, all information and data that parties known is under the Agreement, technical, financial and business information, formats, concepts, source codes, pilots and any other information that parties know, or reasonably ought to know, that it’s a secret or confidential nature and not belong to third parties be disclosed, for example, because its disclosure causes substantial risk of suffering damages or other harm by the other Party.
- Parties may not in the context of a Agreement disclose or published any provided and/or obtained confidential information and/or data, in the case of whether or not timely, complete or partial termination of the Agreement or after the end of a Agreement.
- The User provides consent in advance to Snoober Media, as referred to in article 6:159 Dutch Civil Code, to transfer an Agreement on a desired time by Snoober Media, to a designated third party. If and to the extent necessary or desirable, the User also agrees prior to confirmed written permission.
- This Agreement is governed exclusively by Dutch law.
- All disputes arising, resulting or any related to this Agreement which may arise form related (additional) Agreements shall of first instance be exclusively settled by the competent court.
In other words, we have also mentioned all the standard conditions such termination, liability and confidentiality in the Terms and Conditions.
- Snoober Media will support the User in the daily use of Snoober Media’s Platform and Application Platforms. The subscription fee includes the costs for helpdesk support for answering routine questions. Snoober Media may impose restrictions on the to be given help desk support. For all other forms of support Snoober Media offers its services at the then-current standard rates.
- At the initial usage or if at a later stage, there are doubts over the required knowledge, Snoober Media will make the User familiar with the use of Snoober Media’s Platform and Application Platforms. For participation in education and/or training a fee will be charged.
We do our best to keep Snoober Media safe but can not guarantee it. Therefore the following rules for the use of Snoober Media apply:
- You will not place any unauthorized commercial information (such as spam) on Snoober Media.
- You will not collect any content or information of Users and Snoober Media and do not use Snoober Media in other ways, through any automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior consent.
- On Snoober Media you will not engage in unlawful multi-level marketing, such as pyramid schemes.
- You will not upload viruses or other malicious code.
- You do not ask people to share their sign in credentials, and you do not log on to an account of someone else.
- You will not harass or intimidate Users.
- You will not place content that is: hateful, threatening, or pornographic; inciting violence or contains nudity or with needless violence.
- You will not develop and manage any third party applications with content in the areas of alcohol, dating or other 18+ content (including advertisements) without applying appropriate age restrictions.
- You hold to our promotion guidelines and all applicable laws when you publish an advertisement on Snoober Media.
- You do not use Snoober Media for unlawful, misleading, malicious, or discriminatory activities.
- You do not do anything that disrupts the correct operation or displaying of Snoober Media, do not overload or make displaying impossible, such as a denial of service attack or disruption pageview or other Snoober Media functionalities.
- You facilitates or encourages any violation of these Terms and Conditions or our rules.
10. Registration and Account Security
Snoober Media-Users provide their real names and information, and we need your help to keep it this way. Here are some rules that you must follow regarding registration and account security:
- You will not provide any false personal information on Snoober Media and do not create a account without permission for someone else.
- You do not create more than one personal account.
- If we deactivate your account, you do not create another account without our permission.
- You do not use your personal Dashboard for your own commercial gain but your use your Snoober Media profile for those purposes.
- You do not use Snoober Media if you are younger than 10 years old.
- You do not use Snoober Media if you are convicted of a sex crime.
- You keep your contact information accurate and up to date.
- You do not share your password with others (and developers do not share their secret key), you do not grant anyone access to your account, and you do nothing which may harm the security of your account.
- You do not transfer your account (including pages or applications that you manage) not to someone else without having Snoober Media’s written permission.
- If you select a username or similar identification to your account or profile, we reserve the right to remove or reclaim it if we believe it is inappropriate (for example, when an owner of a trademark complains about a username that does not seem the actual name of the User).
11. New Versions
- Snoober Media is reasonably entitled to follow technological developments, which may have consequences for versioning and availability. Snoober Media will inform the user in a timely fashion.
- Snoober Media has the right to replace an available version with a new/old version and set additional Terms and Conditions to new/old releases.
- Snoober Media will maintain and repair repeatable defects of Snoober Media’s Platform and Application Platforms, with the exception of customized software, to the best of Snoober Media’s ability. The costs of maintenance are included in the subscription fees. Maintenance does not include the provision of new versions of Snoober Media’s Platform and Application Platforms nor the recovery of corrupted or lost data.
- Snoober Media does not warrant that Snoober Media’s Platform and Application Platforms without interruption or defect, or that all defects will be repaired.
If you violate the letter or spirit of these Terms and Conditions or otherwise pose any risk or create possible legal exposure for us, we may block your access to Snoober Media whole or in part. We will inform you via e-mail or the next time you try to access your account. You can deactivate your account at any time. In all such cases, the validity of this Agreement expires.
Last updated: November 23, 2017