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Terms of Use

Effective November 16, 2020. Last Revised November 16, 2020

We at La Sirena Frida, Inc. hope you find the platform (“PlaySnapGo”) useful. By accessing or otherwise interacting with our servers, services, websites, or any associated content (together, "PlaySnapGo"), you agree to these Terms of Use ("TOU") (last updated November 16, 2020). You acknowledge and agree PlaySnapGo is a private site owned and operated by La Sirena Frida, Inc. If you are accessing or using PlaySnapGo on behalf of a business, you represent and warrant to PlaySnapGo that you have authority to accept the TOU on behalf of that business and that that business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use PlaySnapGo. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use PlaySnapGo. Our privacy policy, and all other policies, site rules, and agreements referenced below or on PlaySnapGo, are fully incorporated into this TOU, and you agree to them as well.

LICENSE

If you agree to the TOU and (1) are of sufficient age and capacity to use PlaySnapGo and be bound by the TOU, or (2) use PlaySnapGo on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use PlaySnapGo in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from PlaySnapGo, excluding pages you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you add and upload on order pages (“post”).

USE

Use of Uploaded Photos for Marketing

By uploading photos to our Services, you give us permission to use these photos for marketing and promotional purposes. This includes, but is not limited to, displaying your photos on our website, in marketing emails, on social media platforms, and in other promotional materials.

Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with PlaySnapGo, e.g. for downloading, uploading, creating/accessing/using an account, posting, emailing, searching, or mobile use. You agree not to copy/collect PlaySnapGo content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to abuse PlaySnapGo's flagging or reporting processes. You agree not to collect PlaySnapGo user information or interfere with PlaySnapGo. You agree we may moderate PlaySnapGo access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available PlaySnapGo or our application programming interface ("API"), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the API, any website code, or any software used to provide PlaySnapGo, (iii) combine or integrate PlaySnapGo or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects PlaySnapGo or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use PlaySnapGo or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

DISCLAIMER & LIABILITY

To the full extent permitted by law, La Sirena Frida, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("PlaySnapGo Entities") (1) make no promises, warranties, or representations as to PlaySnapGo, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide PlaySnapGo on an "AS IS" and "AS AVAILABLE" basis and any risk of using PlaySnapGo is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with PlaySnapGo. PlaySnapGo Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to PlaySnapGo, and in no event shall such liability exceed $10 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

CLAIMS & INDEMNITY

Any claim, cause of action, demand, or dispute arising from or related to PlaySnapGo ("Claims") will be governed by the internal laws of Delaware, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Wilmington, DE (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Wilmington, DE; (2) indemnify and hold PlaySnapGo Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of PlaySnapGo; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.

MISC

Unless you have entered into a separate written or electronic agreement with us that expressly references the TOU, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access PlaySnapGo thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the TOU or our ability to enforce it. The USE, and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the TOU controls over any translations.