Snappy Gift Hunt Terms of Service
Last Updated: October 24, 2023
We are so excited to offer you the Snappy Gift Hunt Augmented Reality (AR) feature (“Gift Hunt”). By using the Gift Hunt, you acknowledge that you have read, understood, and agreed to these terms and conditions (“Gift Hunt TOS”) and the Snappy General Terms and you acknowledge that these constitute a binding and enforceable legal contract between you and Snappy. Any capitalized words that are not defined in this Gift Hunt TOS are defined in the General Terms. Snappy may modify these Gift Hunt TOS from time to time and will post the modified Gift Hunt TOS at https://www.snappy.com/legal/gift-hunt-terms or elsewhere on snappy.com (the “Website”). You will be required to accept the Gift Hunt TOS each time you are sent a new Gift with the Gift Hunt feature, so make sure you review any modified Gift Hunt TOS before you continue using the Gift Hunt.
If you don’t agree to these Gift Hunt TOS or the Snappy General Terms, you may not use the Gift Hunt. You may claim your Gift without using the Gift Hunt feature by clicking ‘Skip’ (or similar word or phrase presented) which will take you to the standard Snappy gift claim process. If you have any questions or concerns, please contact our support team at support@snappy.com.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
If you don’t agree to these Gift Hunt TOS or the Snappy General Terms, you may not use the Gift Hunt. You may claim your Gift without using the Gift Hunt feature by clicking ‘Skip’ (or similar word or phrase presented) which will take you to the standard Snappy gift claim process. If you have any questions or concerns, please contact our support team at support@snappy.com.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
1. Consent and Privacy
a.By using the Gift Hunt, you consent to the collection and processing of your Personal Data as outlined in our Privacy Policy.
b. We may collect information about your Gift Hunt interactions for analysis and improvement purposes. This data will be anonymized and used in aggregate form to enhance your experience.
c. To use the Gift Hunt, you will need access to a supported mobile phone and an Internet connection. You will be responsible for any charges you incur through your mobile carrier for your data usage.
d. In addition, you may be prompted by your phone to let the Gift Hunt use your camera. If you don’t agree, you will not be able to use the Gift Hunt feature, however, you will be redirected to a separate claim screen to claim your Gift.
2. Confidentiality and Data Security
a. We are committed to safeguarding your personal and Gift Hunt-related data. We implement industry-standard security measures to protect against unauthorized access, disclosure, or alteration of your data.
b. Do not share sensitive personal information or engage in activities that could compromise your privacy while using the Gift Hunt.
3. Content Ownership
a. Definitions
i. "Snappy Content" means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services.
ii. “User Content“ means any Content you provide via your camera feed while using the Gift Hunt.
b. Snappy and its licensors exclusively own all right, title, and interest in and to the Gift Hunt and Snappy Content, including all associated intellectual property rights. You acknowledge that the Gift Hunt and Snappy Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Gift Hunt or Snappy Content.
c. You retain ownership of any User Content you provide to Snappy. By using the Gift Hunt, you grant Snappy a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute your User Content for the sole purpose of providing you with the Gift Hunt experience. Snappy will not store or use any of your User Content after you have exited the Gift Hunt.
4. Safe & Appropriate Use
a. While using the Gift Hunt, you agree to abide by our General Terms, which prohibits any illegal, harmful, or abusive activities. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. You agree that your use of the Gift Hunt is at your own risk, and that you will not use the Gift Hunt in violation of any applicable law, regulation, workplace policies, or instructions and you will not encourage or enable any other individual to do so.
b. Respect the privacy and rights of others. Do not record, share, or distribute any content without explicit permission from all parties involved.
c. While you are using the Gift Hunt, please be aware of your surroundings, and play and communicate safely.
5. Age & Location Restrictions
a. The Gift Hunt is not intended to be used by a Child. A "Child" is a person (a) under 13 years old (for residents outside of the EEA, except for the Republic of Korea); (b) under 16 years old or such age needed to consent to the processing of personal data in their country of residence (for residents of the EEA); or (c) under 14 years old (for residents of the Republic of Korea). If you are under this age, please seek parental or guardian consent before using the feature.
b. The Gift Hunt is controlled and operated within the United States. You are prohibited from accessing or using the Gift Hunt or the Website from anywhere it is illegal to do so. If you choose to access the Gift Hunt from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct, content, and augmented reality features.
6. Updates and Modifications
We may update or modify the Gift Hunt to enhance its functionality or address security concerns. We will post any significant changes on the Website.
7. Violation of the Gift Hunt TOS
In addition to any other rights Snappy may have by law or contract, we reserve the right to suspend or terminate your access to the Gift Hunt and/or the Services if you violate these Gift Hunt TOS, the Snappy General Terms or engage in any prohibited activities.
8. Disclaimer of Warranties.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE GIFT HUNT IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
9. Limitation of Liability; Release
a. ANY CLAIM BY YOUR OR ON YOUR BEHALF AGAINST SNAPPY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SNAPPY CONTENT OR THE GIFT HUNT SHALL BE SUBJECT TO THE LIMITATION OF LIABILITY SET FORTH IN SECTION 12 OF THE SNAPPY GENERAL TERMS.
b. IN ADDITION, IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY RELATING TO YOUR USE OF THE GIFT HUNT, YOU RELEASE SNAPPY (AND OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
10. Dispute Resolution
Any disputes arising from the use of the Git Hunt will be resolved through arbitration as set forth in Section 14 of the Snappy General Terms.
11. Dispute Resolution
These Gift Hunt TOS are governed by, and interpreted in accordance with, the law of New York exclusive of its choice of law rules. Your conduct may also be subject to other local, state, and national laws.