Terms of Service - End user licensing agreement (EULA)
- Acceptance. By using or visiting the Snibble
Corp. (“Snibble”) website or any Snibble
products, software, data feeds, and services provided to you on, from, or through our website or
applications (collectively the "Service")
you provide your agreement to: (i) this end user license agreement (the “Agreement” or “Terms of
the Service. The Snibble App is made available to you through the App Store for the iOS version
and PlayStore for Android version of the app. The Snibble application (the “Application”) is licensed, and is not sold to you by Snibble,
the legal licensor of this App. Your licence to this Application is subject to your prior acceptance of
these Terms of Service.
- Service. The Service includes all aspects of
Snibble, including but not limited to all products, software and services offered via the Snibble
website, such as the Snibble channels, any embeddable players or uploading applications and other
applications. The Service may contain links to third party websites, services and content (including
advertising) that are not owned or controlled by Snibble and Snibble has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third party websites. In
addition, Snibble will not and cannot censor or edit the content of any third-party site. By using the
use of such third party services and content and expressly relieve Snibble from any and all liability
arising from your use of any third-party website. Accordingly, we encourage you to be aware when
that you visit.
Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited
and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this
contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows,
or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this
contract and are not responsible for the provision or support of the Services in any manner. Your access to
the Services using these devices is subject to the terms set forth in the applicable third party
beneficiary’s terms of service.
- Changes. Although we may attempt to notify
you when major changes are made to these Terms of Service, you should periodically review the most
up-to-date version at https://www.snibblecorp.com/terms. Snibble may, in its sole discretion, modify or revise these Terms of Service and
policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these
Terms of Service shall be deemed to confer any third-party rights or benefits.
- Accounts. In order to access some features of
the Service, you will have to create a Snibble account. You may never use another's account without
permission. When creating your account, you must provide accurate and complete information. You are
solely responsible for the activity that occurs on your account, and you must keep your account password
secure. You must notify Snibble immediately of any breach of security or unauthorized use of your
account. Although Snibble will not be liable for your losses caused by any unauthorized use of
your account, you may be liable for the losses of Snibble or others due to such unauthorized use.
- Ownership. The Services and all rights
therein are and shall remain Snibble’s property or the property of Snibble’s licensors.
Neither these terms nor your use of the Services convey or grant to you any rights: (i) in or
related to the Services except for the limited license granted below; or (ii) to use or reference in any
manner Snibble’s company names, logos, product and service names, trademarks or service marks or
those of Snibble’s licensors.
- Scope of License: Licensor grants to you a limited,
non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Snibble
Application on your personal device solely in connection with your use of the Services; and (ii) access
and use any content, information and related materials that may be made available through the Services,
in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are
reserved by Snibble and its licensors. The terms of this Agreement will govern any content, materials,
or services accessible from or purchased within the Application as well as upgrades provided by Snibble
that replace or supplement the original Application, unless such upgrade is accompanied by a custom end
user license agreement.
Except as provided in this Agreement, you may not distribute or make the Application
available over a network, where it could be used by multiple devices at the same time. You may not transfer,
redistribute or sublicense the Application and, if you sell your personal device to a third party, you must
remove the Application from your personal device before doing so. You agree not to distribute in any medium
any part of the Service or the related content without Snibble's prior written authorization, unless
Snibble makes available the means for such distribution through functionality offered by the Service.
You may not alter, modify, copy, reverse-engineer, disassemble, attempt to derive
the source code or modify, or create derivative works of the Application, any updates, or any part thereof
(except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the
extent as may be permitted by the licensing terms governing the use of any open-sourced components included
with the Application).
You agree not to access content through any technology or means other than the video
playback pages of the Service itself, any applicable embeddable player, or other explicitly authorized means
Snibble may designate.
You agree not to use the Service for any of the following commercial uses unless you
obtain Snibble’s prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the
Service or content; or
- the sale of advertising, sponsorships, or promotions on any page of an
ad-enabled blog or website containing content delivered via the Service, unless other material not
obtained from Snibble appears on the same page and is of sufficient value to be the basis for such
- Consent to Use of Data: You agree that Snibble may
collect and use technical data and related information—including but not limited to technical
information about your device, system and application software, and peripherals—that is gathered
periodically to facilitate the provision of software updates, product support, and other services to you
(if any) related to the Application. Snibble may use this information, as long as it is in a form that
does not personally identify you, to improve its products or to provide services or technologies to you.
Snibble will take all reasonable measures to protect this data and not sell it to third parties. You can
- Termination. This Agreement is effective until
terminated by you or Snibble. Your rights under this Agreement will terminate automatically if you fail
to comply with any of its terms. Snibble will terminate a user's access to the Service if,
under appropriate circumstances, the user is determined to be a repeat infringer.
- External Services. The Application may enable
access to Snibble’s and/or third-party services and websites (collectively and individually,
"External Services"). You agree to use the
External Services at your sole risk. Snibble is not responsible for examining or evaluating the content
or accuracy of any third-party External Services, and shall not be liable for any such third-party
External Services. Data displayed by any Application or External Service, including but not limited to
financial, medical and location information, is for general informational purposes only and is not
guaranteed by Snibble or its agents. You will not use the External Services in any manner that is
inconsistent with the terms of this Agreement or that infringes the intellectual property rights of
Snibble or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten
or defame any person or entity, and that Snibble is not responsible for any such use. External Services
may not be available in all languages or in your home country, and may not be appropriate or available
for use in any particular location. To the extent you choose to use such External Services, you are
solely responsible for compliance with any applicable laws. Snibble reserves the right to change,
suspend, remove, disable or impose access restrictions or limits on any External Services at any time
without notice or liability to you.
- Text Messaging. By creating an account, you
agree that the Services may send you text (SMS) messages as part of the normal business operation of
your use of the Services. You may opt-out of receiving text (SMS) messages from Snibble at any time by
following the directions found at https://www.snibblecorp.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the
- Network Access and Devices. You are
responsible for obtaining the data network access necessary to use the Services. Your mobile
network’s data and messaging rates and fees may apply if you access or use the Services from a
wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for
acquiring and updating compatible hardware or devices necessary to access and use the Services and
Applications and any updates thereto. Snibble does not guarantee that the Services, or any portion
thereof, will function on any particular hardware or devices. In addition, the Services may be subject
to malfunctions and delays inherent in the use of the Internet and electronic communications.
- No warranty. You expressly acknowledge and
agree that use of the Application is at your sole risk. To the maximum extent permitted by applicable
law, the Application is provided “as is” and “as available” with all faults and
without warranty of any kind, and Snibble, its officers, directors, employees, and agents disclaim all
warranties, express or implied or statutory, in connection with the Services and your use thereof,
including but not limited to, the implied warranties and/or conditions of merchantability, of
satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of
non-infringement of third-party rights. No oral or written information or advice given by Snibble
or its authorized representative shall create a warranty. Should the Application or service prove
defective, you assume the entire cost of all necessary servicing, repair, or correction. Some
jurisdictions do not allow the exclusion of implied warranties or limitations or applicable statutory
rights of a consumer, so the above exclusion and limitations may not apply to you. SNIBBLE MAKES
NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS APPLICATIONS CONTENT OR THE
CONTENT OF ANY SITES LINKED TO ITS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD
PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. SNIBBLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT
OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SNIBBLE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of Liability. To the extent not
prohibited by law, in no event shall Snibble, its officers, directors, employees, and agents be liable
for personal injury or any incidental, special, indirect, or consequential damages whatsoever,
including, without limitation, damages for loss of profits, loss of data, business interruptions, or any
other commercials damages or loses, arising out of or related to your use of or inability to use the
licensed applications, however caused, regarding of the theory of liability (contract, tort, or
otherwise) and even if licensor has been advised of the possibility of such damages. Some jurisdictions
do not allow the limitation of liability for personal injury, or of incidental or consequential damages,
so this limitation may not apply to you. In no event shall Snibble’s total liability to you for
all damages (other than as may be required by applicable law in cases involving personal injury) exceed
the amount of fifty dollars (CDN$50.00). The foregoing limitations will apply even if the above stated
remedy fails of its essential purpose.
YOU SPECIFICALLY ACKNOWLEDGE THAT SNIBBLE SHALL NOT BE LIABLE FOR ANY CONTENT OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Snibble from its facilities in Canada.
Snibble makes no representations that the Service is appropriate or available for use in other locations.
Those who access or use the Service from other jurisdictions do so at their own volition and are responsible
for compliance with local law.
- Indemnity. To the extent permitted by
applicable law, you agree to defend, indemnify and hold harmless Snibble, its parent corporation,
officers, directors, employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees)
arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms
of Service; (iii) your violation of any third party rights, including without limitation any copyright,
property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This
defense and indemnification obligation will survive these Terms of Service and your use of the
- Ability to Accept Service. You
affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental
or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and
comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the
Service is not intended for children under 13. If you are under 13 years of age, then please do not use
- Assignment. These Terms of Service, and any
rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by
Snibble without restriction
- No Export. You may not use or otherwise
export or re-export the Application except as authorized by Canadian law and the laws of the
jurisdiction in which the Application was obtained. In particular, but without limitation, the
Application may not be exported or re-exported: (a) into any Canada and/or U.S.-embargoed countries: or
(b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S.
Department of Commerce Denied Persons List or Entity List. By using the Application, you represent
and warrant that you are not located in any such country, or on any such list. You also agree that you
will not use these products for any purposes prohibited by Canadian or United States law, including,
without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical
or biological weapons.
- Miscellaneous. Except to the extent expressly
provided in the following paragraph, this Agreement and the relationship between you and Snibble shall
be governed by the laws of the Province of Ontario, Canada, excluding its conflicts of law provisions.
You and Snibble agree to submit to the personal and exclusive jurisdiction of the courts located within
the city of Toronto, Ontario, Canada to resolve any dispute or claim arising from this Agreement.
If (a) you are not a Canadian citizen; (b) you do not reside in Canada; (c) you are not accessing
the Service from Canada; and (d) you are a citizen of one of the countries identified below, you hereby
agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set
forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the
non-exclusive jurisdiction of the courts located in the state, province or country identified below
whose law governs.
If you are a citizen of any European Union country or Switzerland, Norway or
Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the
United Nations Convention on the International Sale of Goods.
YOU AND SNIBBLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
Snibble Corp. 80 Sherbourne Avenue, Unit 101, Toronto, Ontario, Canada M5A