Terms and Conditions

Last Updated June 28th, 2020

1. Introduction

 

1.1 Contract

 

You agree that by clicking “Sign-Up” or similar, registering, accessing or using our services, described below, you, as an individual or an agent of your company, are agreeing to enter into a legally binding contract with ThreadSnap.  If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign-Up” or similar and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

 

Services

 

This Contract applies to ThreadSnap.com, and other ThreadSnap-related sites, apps, communications and other services that state that they are offered under this Contract (“Services”). Registered users of our Services are “Photographers” and unregistered users are “Visitors”.

 

ThreadSnap

 

You are entering into this Contract with ThreadSnap (also referred to as “we” and “us”). As a Visitor or Photographer of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy and updates.

 

1.2 Photographers and Visitors

 

When you register and join ThreadSnap.com you become a Photographer. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

 

1.3 Change

 

We may modify this Contract and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.

 

2. Obligations

 

2.1 Service Eligibility

 

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one ThreadSnap account, which must be in your real name; and (3) you are not already restricted by ThreadSnap from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

 

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for ThreadSnap to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

 

2.2 Your Account

 

Photographers are account holders. You agree to use a strong password and keep it confidential. You are responsible for anything that happens through your account unless you close it or report misuse.

 

2.3 Notices and Messages

 

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

 

2.4 Sharing

 

Our Services allow sharing of information such as publishing photos taken and providing your profile details, including company website, address, and logo. Information and content that you share may be seen by other Photographers, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information.

We are not obligated to publish any information or content on our Service and can remove it with or without notice.

 

3. Rights and Limits

 

3.1. Your License to ThreadSnap

 

As between you and ThreadSnap, you own the content and information that you submit or post to the Services, and you are only granting ThreadSnap and our affiliates the following non-exclusive license:

 

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

 

  • You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.  To delete content or close your account, you must notify info@threadsnap.com.

  • We will not include your content in advertisements for the products and services of third parties to others without your separate consent. However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services, subject to your settings.

  • We will get your consent if we want to give others the right to publish your content beyond the Services.

  • While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

  • Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.

 

You and ThreadSnap agree that we may access, store, process and use any information and personal data that you provide in accordance with, the terms of the Privacy Policy.

 

By submitting suggestions or other feedback regarding our Services to ThreadSnap, you agree that ThreadSnap can use and share (but does not have to) such feedback for any purpose without compensation to you.

 

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. ThreadSnap may be required by law to remove certain information or content in certain countries.

 

3.2 Service Availability

 

We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

 

We don’t promise to store or keep showing any information and content that you’ve posted. ThreadSnap is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

 

3.3 Other Content, Sites and Apps

 

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. ThreadSnap generally does not review content provided by our Photographers or others. You agree that we are not responsible for others’ (including other Photographers’’ or Visitors’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. 

 

ThreadSnap may help connect Photographers offering their services with Visitors seeking services. ThreadSnap does not perform nor employs individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that ThreadSnap does not supervise, direct, control or monitor Photographers in the performance of these services and agree that (1) ThreadSnap is not responsible for the offering, performance or procurement of these services, (2) ThreadSnap does not endorse any particular Photographer’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between ThreadSnap and any Photographer offering services. If you are a Photographer offering services, you represent and warrant that you have all the required licenses.

 

3.4 Limits

 

ThreadSnap reserves the right to limit your use of the Services, including the number of photo submissions. ThreadSnap reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services.

 

3.5 Intellectual Property Rights

 

ThreadSnap reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. ThreadSnap, and “in” logos and other ThreadSnap trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of ThreadSnap.

 

4. Disclaimer and Limit of Liability

 

4.1 No Warranty

 

THREADSNAP AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THREADSNAP AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

4.2 Exclusion of Liability

 

TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS THREADSNAP HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), THREADSNAP, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

THREADSNAP AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT. 

 

4.3 Basis of the Bargain; Exclusions

 

The limitations of liability in this Section 4 are part of the basis of the bargain between you and ThreadSnap and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if ThreadSnap or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

 

These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

 

5. Termination

 

Both you and ThreadSnap may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;

  • Sections 4, 6, 7, and 8.2 of this Contract;

  • Any amounts owed by either party prior to termination remain owed after termination.

 

You can email us at info@threadsnap.com to close your account.

 

6. Governing Law and Dispute Resolution

 

This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence. 

 

You and ThreadSnap agree that the laws of the State of North Carolina, USA, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and ThreadSnap both agree that all claims and disputes can be litigated only in the federal or state courts in Wake County, North Carolina, USA, and you and ThreadSnap each agree to personal jurisdiction in those courts.

 

7. General Terms

 

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

 

This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

 

If we don't act to enforce a breach of this Contract, that does not mean that ThreadSnap has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that ThreadSnap may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

 

8. ThreadSnap “Dos and Don’ts”

 

8.1. Dos

 

You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;

  • Provide accurate information to us and keep it updated;

  • Use your real name and company name on your profile; and

  • Use the Services in a professional manner.

 

8.2. Don’ts

 

You agree that you will not:

  • Create a false identity on ThreadSnap, misrepresent your identity, create a Photographer profile for anyone other than yourself, or use or attempt to use another’s account;

  • Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;

  • Override any security feature or bypass or circumvent any access controls or use limits of the Service;

  • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of ThreadSnap;

  • Disclose information or upload photographs that you do not have the consent to disclose or upload (such as confidential information of others);

  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. 

  • Violate the intellectual property or other rights of ThreadSnap, including, without limitation, (i) copying or distributing our materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “ThreadSnap” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;

  • Post anything that contains software viruses, worms, or any other harmful code;

  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;

  • Imply or state that you are affiliated with or endorsed by ThreadSnap without our express consent (e.g., representing yourself as a ThreadSnap Contributing Photographer);

  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without ThreadSnap’s consent;

  • Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without ThreadSnap’s consent;

  • Use bots or other automated methods to access the Services;

  • Monitor the Services’ availability, performance or functionality for any competitive purpose;

  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;

  • Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services); and/or

  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);

 

9. Complaints Regarding Content

 

We respect the intellectual property rights of others. We require that information posted by Photographers be lawful and not in violation of the intellectual property rights or other rights of third parties, including the models. For any complains concerning content posted by our Photographers, please email info@certificial.com

10. How to Contact Us

For general inquiries, you may contact us at info@certificial.com