1. Username and Passwords. When you sign up to subscribe to our services you represent and warrant that: (a) all required information ("User Information") you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You will be responsible for maintaining the confidentiality of your user Information, and we will not be responsible for misuse of your information by any third party, whether authorized by you or not. You are responsible for all activities that occur under the accounts generated with your User Information. You agree to immediately notify Autosnap of any unauthorized use, or suspected unauthorized use of your User Information or any other breach of security. Autosnap cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.1 License. Subject to the terms of this Agreement, Autosnap grants you a non-transferable, non-exclusive, license to use the Sites for your personal, noncommercial use. Subject to the terms of this Agreement, Autosnap grants you a non-transferable, non-exclusive, license to install and use the software Autosnap makes available for mobile devices ("Apps"), in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. For the avoidance of doubt, Apps are deemed part of the Sites.
2.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Sites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Sites; (c) you shall not access the Sites in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Sites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Sites shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Sites content must be retained on all copies thereof.
2.3 Open Source Software. Certain items of independent, third-party code may be included in the App that are subject to open source licenses ("Open Source Software"). Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software.
2.5 Modification. Autosnap reserves the right, at any time, to modify, suspend, or discontinue the Sites or any part thereof with or without notice. You agree that Autosnap will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites or any part thereof.
3. Ownership and Feedback
3.1 Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Sites are owned by Autosnap or Autosnap 's licensors. The provision of the Sites does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Autosnap and its suppliers reserve all rights not granted in this Agreement.
3.2 If you provide Autosnap any feedback or suggestions regarding the Sites ("Feedback"), you hereby assign to Autosnap all rights in the Feedback and agree that Autosnap shall have the right to use such Feedback and related information in any manner it deems appropriate. Autosnap will treat any Feedback you provide to Autosnap as non-confidential and non-proprietary. You agree that you will not submit to Autosnap any information or ideas that you consider to be confidential or proprietary.
4. User Content
4.1 User Content. "User Content" means any and all information and content that a user submits to, or uses with, the Sites (e.g., photos, audio, video, messages, text, files, or other content you provide us). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Autosnap. Because you alone are responsible for your User Content (and not Autosnap), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Autosnap is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire. Under no circumstance will Autosnap be liable for any inaccuracy or defect in any User Content.
4.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to Autosnap an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, for any lawful purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
4.3 Acceptable Use Policy. The following sets forth Autosnap's "Acceptable Use Policy":
(a) You agree not to post, email, or otherwise make available User Content:
• that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way;
• that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• that includes personal or identifying information about another person without that person's explicit consent.
• that is false, deceptive, misleading, deceitful, misinformative, constitute "bait and switch" or impersonation of any person or entity;
• that contains your own or a third party's advertising, branding or promotional content;
• that is unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
• that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• restrict or inhibit any other user from using and enjoying the Autosnap sites or the Autosnap services offered on them;
• that includes your personal information, such as telephone number, street address, last name, URL or email address;
• that is a "cut and paste" of private messages from other users;
• that re-broadcasts any User Content that violates these terms; or
• that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to use the Sites to:
• upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
• harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
• interfere with, disrupt, or create an undue burden on servers or networks connected to the Sites or violate the regulations, policies or procedures of such networks;
• attempt to gain unauthorized access to the Sites, other computer systems or networks connected to or used together with the Sites, through password mining or other means;
• tamper with any copyright protection mechanisms applicable to content on any Sites;
• introduce software or automated agents or scripts to the Sites so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Sites (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
4.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your User Registration, and/or reporting you to law enforcement authorities. If Autosnap elects to modify User Content, Autosnap nonetheless assumes no responsibility for the User Content.
4.5 Other Users. Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that Autosnap will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved. You acknowledge that other users may post comments about your User Content, which may be derogatory, and Autosnap has no obligation to monitor or delete any such User Content.
4.6 Release. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site users.
5. Indemnity. You agree to indemnify and hold Autosnap (and its officers, employees, contractors, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Sites, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Autosnap reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Autosnap. Autosnap will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
THE SITES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE COVERED SITES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS. AUTOSNAP ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. AUTOSNAP IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SITES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE SITES OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL AUTOSNAP BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITES, ANY CONTENT POSTED ON OR THROUGH THE SITES, OR CONDUCT OF ANY USERS OF THE SITES, WHETHER ONLINE OR OFFLINE. WE CAN, WHENEVER WE WANT, EDIT OR DELETE ANY CONTENT DISPLAYED ON THE SITES. YOU USE THE SITES AT YOUR OWN RISK. SOME AREAS OF OUR SITES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH AUTOSNAP OR MEMBER OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT AS TREATMENT OR REMEDY FOR AN INDIVIDUAL CIRCUMSTANCE. AUTOSNAP CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITES.
7. Limitation of Liability
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
8. Third Party Sites & Ads. The Sites might contain links to third party websites, services, and advertisements for third parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the control of Autosnap and Autosnap is not responsible for any Third Party Sites & Ads. Autosnap provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
9. Term & Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Sites. We may (a) suspend your rights to use the Sites (including your User Information) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Sites in violation of this Agreement. Upon termination of this Agreement, your User Information and right to access and use the Sites will terminate immediately. You understand that any termination of your User Information involves deletion of your User Content associated therewith from our live databases. Autosnap will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your User Information or deletion of your User Content.
10.2 Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
(i) Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and Autosnap arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Sites.
(ii) The form of the arbitration is Lebanon and shall will be governed by the ICC RULES
(iii) This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of Lebanon without giving effect to any law that would result in the application of the law of another jurisdiction.
10.4 Copyright/Trademark Information. Copyright © 2017, Crest Automotive SAL. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Sites are Autosnap property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party, which may own the Marks.