Terms Of Service


Updated Oct 6, 2015



PLEASE READ THIS DOCUMENT CAREFULLY

The Snugspot website and mobile app (“Snugspot.com,” “we,” or “us”) is operated by Macromerch ApS (Company No. 35239782) Located at: Skovbakkevej 17, 8220, Denmark. By using Snugspot in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use Snugspot.

Contents

1. Who May Use Snugspot
2. License to Use Snugspot
3. Privacy
4. Registration
5. Term and Termination; Account Deletion
6. Disclaimers; Limitation of Liability
7. Code of Conduct; Prohibited Activities
8. Content Restrictions
9. Licenses Granted by You
10. Your Representations and Warranties
11. Indemnification
12. Third Party Copyrights and Other Rights
13. General Provisions

1. Who May Use Snugspot
You must be at least 18 years old to use Snugspot. Use is void where prohibited. By using Snugspot, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use Snugspot, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

2. License to Use Snugspot
Snugspot grants you a limited, non-exclusive license to access and use Snugspot for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.
Except as expressly permitted by Snugspot in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Snugspot. Nor will you take any measures to interfere with or damage Snugspot. All rights not expressly granted by Snugspot are reserved.

3. Privacy
Your privacy rights are set forth in our Privacy Policy (Privacy Policy), which forms a part of this Agreement. Please review the Privacy Policy to learn about:
a. What information we may collect about you
b. What we use that information for
c. What third-party information, if any, you are agreeing to share by using Snugspot; and
d. With whom we share that information

4. Registration
To use Snugspot, you can register an account with your Facebook login, meaning you are authorizing us to access certain information in your Facebook account, including information about Facebook friends you might share in common with other Snugspot users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other Snugspot users in your network or geolocation. Please take precautions to protect your password and contact us at help@snugspot.com if you believe your account has been accessed by an unauthorized person.

5. Term and Termination; Account Deletion
This Agreement begins on the date you first use Snugspot and continues until terminated in accordance with the provisions hereof.
Snugspot may suspend, disable, or delete your account (or any part thereof) if Snugspot determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Snugspot’s reputation or goodwill. If Snugspot deletes your account for the foregoing reasons, you may not re-register under a different name.
Upon termination, all licenses granted by Snugspot will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Snugspot shall not be responsible for the loss of such content.

6. Disclaimers; Limitation of Liability
6.1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER SNUGSPOT USERS. YOU UNDERSTAND THAT SNUGSPOT CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. SNUGSPOT ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. SNUGSPOT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. SNUGSPOT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

6.2. IN NO EVENT SHALL SNUGSPOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SNUGSPOT SERVICE OR PERSONS YOU MEET THROUGH SNUGSPOT. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

6.3. Snugspot reserves the right to modify the Snugspot concept and service. You are responsible for providing your own access to Snugspot. Snugspot has no obligation to screen or monitor any content and does not guarantee that any content available on Snugspot complies with this Agreement or is suitable for all users.

6.4. Snugspot provides Snugspot on an “as is” and “as available” basis. You therefore use Snugspot at your own risk. Snugspot expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Snugspot makes no representations or warranties:

6.4.a. That Snugspot will be permitted in your jurisdiction;
6.4.b. That Snugspot will be uninterrupted or error-free;
6.4.c. Concerning any content submitted by any user;
6.4.d. Concerning any third party’s use of content that you submit;
6.4.e. That any content you submit will be made available on Snugspot or will be stored by Snugspot;
6.4.f. That Snugspot will continue to support any particular feature of the Snugspot website, app or service;
6.4.g. Concerning sites and resources outside of Snugspot, even if linked to from Snugspot.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used Snugspot, and no warranties shall apply after such period.

7. Code of Conduct; Prohibited Activities
In using Snugspot, you must behave in a civil and respectful manner at all times. Further, you will not:

7.a. Harass or stalk any other person;
7.b. Harm or exploit minors;
7.c. Act in a deceptive manner by, among other things, impersonating any person;
7.d. Collect information about others;
7.e. You will not express or imply that any statements you make are endorsed by Snugspot without our specific prior written consent.
7.f. You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
7.g. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
7.h. You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.
7.i. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Snugspot has the right, but not the obligation, to monitor all conduct on and content submitted to Snugspot.

8. Content Restrictions
You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will not post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or il material, or any material that infringes or violates another party´s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Snugspot or to any other user. If information provided to Snugspot, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):

8.a. is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.b. harasses or advocates harassment of another person;
8.c. promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.d. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
8.e. contains sexually explicit content;
8.f. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone´s privacy, or providing or creating computer viruses;
8.g. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
8.h. promotes an illegal or unauthorized copy of another person´s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
8.i. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
8.j. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
8.k. infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
Your use of the service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.

Phone numbers, addresses, last names, URLs (websites), email addresses and other contact information may not be included in your profile description or anywhere else on your profile unless we explicitly ask for them.

9. Licenses Granted by You
You grant Snugspot and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Snugspot permission to view your content for their personal, non-commercial purposes. If you make suggestions to Snugspot on improving or adding new features to Snugspot, Snugspot shall have the right to use your suggestions without any compensation to you.

10. Your Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to Snugspot and grant the licenses set forth above; (ii) Snugspot will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

11. Indemnification
You will indemnify, defend, and hold harmless Snugspot and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on Snugspot; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Snugspot violates any law or infringes any third party right, including any intellectual property or privacy right.

12. Third Party Copyrights and Other Rights Copyright Policy
Snugspot respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to Snugspot do not infringe any third party copyright.
Snugspot will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Snugspot may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

13. Credit Card & Payments
When you and another member have agreed to connect with each other, the connection fee is automatically charged to your credit card. Whenever this fee is charged you will receive a receipt by email. Also you can always see your complete Purchase History on your Settings Page.
If you wish to change or delete your credit card information this can also be done directly on your Settings Page.

14. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of Denmark, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

DISPUTES: Any action arising out of or relating to this Agreement or your use of Snugspot must be commenced in courts located in Denmark (and you consent to the jurisdiction of those courts). In any such action, Snugspot and you irrevocably waive any right to a trial by jury.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Snugspot in exercising any right hereunder will waive any further exercise of that right. Snugspot’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Snugspot’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Snugspot electronically. Snugspot may provide all such communications by email or by posting them on Snugspot. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at help@snugspot.com or the following address:


Snugspot
Skovbakkevej 17
8220 Brabrand, Denmark.

Nothing herein shall limit Snugspot’s right to object to subpoenas, claims, or other demands.

MODIFICATION; ENTIRE AGREEMENT:
This Agreement may not be modified except by a revised Terms of Service posted by Snugspot on Snugspot or a written amendment signed by an authorized representative of Snugspot. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between Snugspot and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.


END OF DOCUMENT
Login About Snugspot Contact FAQ Terms of Service Privacy Policy Cookies