{"id":2216,"date":"2023-11-09T08:53:38","date_gmt":"2023-11-09T08:53:38","guid":{"rendered":"http:\/\/snakesnap.eastcoastdigital.marketing\/?page_id=2216"},"modified":"2024-11-06T16:42:46","modified_gmt":"2024-11-06T16:42:46","slug":"end-user-agreement","status":"publish","type":"page","link":"https:\/\/semhandyman.com\/stag\/end-user-agreement\/","title":{"rendered":"End User License Agreement"},"content":{"rendered":"\t\t
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End User License Agreement\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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End User License Agreement [EULA]<\/h3>

This Mobile Application End User License Agreement (“Agreement<\/strong>“) is a binding agreement\u00a0 between you (“End User<\/strong>” or “you<\/strong>“) and Snake Snap, Inc. its successors and assignees (the\u00a0 “Company<\/strong>“). This Agreement governs your use of the Snake Snap App (the \u201cApp<\/strong>\u201d) on any\u00a0 mobile platform, including all related documentation, the “Application<\/strong>“. The Application is\u00a0 licensed, not sold, to you.\u00a0<\/p>

BY CLICKING THE “AGREE” BUTTON, OR BY DOWNLOADING, INSTALLING, OR\u00a0 USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND\u00a0 UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF\u00a0 AGE OR OLDER\/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C)\u00a0 ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS\u00a0 TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL,\u00a0 OR USE THE APPLICATION INSTEAD YOU MUST DELETE IT FROM YOUR MOBILE\u00a0 DEVICE.\u00a0<\/p>

IMPORTANT WARNING\u00a0<\/h3>

THE INTENT OF THIS APP IS TO SIMPLY PROVIDE YOU WITH \u00a0MORE INFORMATION IN ORDER TO IDENTIFY TYPES OF SNAKES. \u00a0IDENTIFYING SNAKES IS NOT AN EXACT SCIENCE, AND ERRORS MAY OCCUR. THEREFORE, NOTHING WITHIN THIS APP IS MEANT \u00a0TO BE CALLED \u201cFACT\u201d AND YOU AS A READER ARE TOTALLY RESPONSIBLE FOR YOUR ACTIONS TAKEN AS A RESULT OF READING, LISTENING TO, OR WATCHING ON VIDEO, \u00a0INFORMATION PROVIDED IN THE APP. \u00a0<\/strong><\/p>

THE COMPANY DOES NOT EMPLOY OR CLAIM TO EMPLOY HERPETOLOGISTS, EXPERT SNAKE HANDLERS, SNAKE RESEARCHERS, BIOLOGISTS, NOR DOES THE COMPANY ACT IN \u00a0ANY PROFESSIONAL CAPACITY. THE COMPANY CANNOT \u00a0SUGGEST, INSTRUCT, OR MODEL WAYS FOR YOU TO ACT WITH \u00a0VENOMOUS OR NON-VENOMOUS SNAKES. NOTHING WRITTEN, \u00a0OR CONTAINED ON THIS APP, ON THE WEBSITE AND MOBILE APPLICATION , OR CONTAINED \u00a0IN ANY OTHER COMPANY MEDIA OF ANY SORT IS TO BE CONSTRUED AS ENCOURAGING YOU, OR CONVINCING YOU TO \u00a0ACT IN ANY MANNER, TO PERFORM ANY ACTION, OR REACTION.\u00a0<\/strong><\/p>

SNAKE HANDLING, HUNTING, OBSERVING, RESEARCHING, AND\u00a0 ANYTHING TO DO WITH SNAKES AT ALL \u2013 CAN BE HARMFUL TO YOUR HEALTH. IT CAN ALSO RESULT IN DEATH. WE URGE YOU \u00a0TO NEVER TOUCH OR GET NEAR TO, VENOMOUS SNAKES OR ANY SNAKE WITHOUT SPECIFIC TRAINING GEARED TOWARD \u00a0HELPING YOU UNDERSTAND ALL THAT THE SNAKE IS CAPABLE \u00a0OF.<\/strong><\/p>

1. License Grant. Subject to the terms of this Agreement, Company grants you a\u00a0 limited, non-exclusive, and nontransferable license to:\u00a0<\/p>

(a) download, install, and use the Application for your personal, non commercial use on a single mobile device owned or otherwise controlled by you\u00a0 (“Mobile Device<\/strong>“) strictly in accordance with the Application’s documentation; and\u00a0<\/p>

(b) access, stream, download, and use on such Mobile Device the Content and\u00a0 Services (as defined in Section 5) made available in or otherwise accessible through the\u00a0 Application, strictly in accordance with this Agreement and the Terms of Use applicable\u00a0 to such Content and Services as set forth in Section 5.\u00a0<\/p>

2. License Restrictions. Licensee shall not:\u00a0\u00a0<\/p>

(a) copy the Application, except as expressly permitted by this license;\u00a0<\/p>

(b) modify, translate, adapt, or otherwise create derivative works or\u00a0\u00a0<\/p>

improvements, whether or not patentable, of the Application;\u00a0<\/p>

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to\u00a0 derive or gain access to the source code of the Application or any part thereof;\u00a0<\/p>

(d) remove, delete, alter, or obscure any trademarks or any copyright,\u00a0 trademark, patent, or other intellectual property or proprietary rights notices from the\u00a0 Application, including any copy thereof;\u00a0<\/p>

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or\u00a0 otherwise make available the Application, or any features or functionality of the\u00a0 Application, to any third party for any reason, including by making the Application\u00a0 available on a network where it is capable of being accessed by more than one device at\u00a0 any time;\u00a0\u00a0<\/p>

(f) remove, disable, circumvent, or otherwise create or implement any\u00a0 workaround to any copy protection, rights management, or security features in or\u00a0 protecting the Application; or\u00a0<\/p>

(g) use the Application in, or in association with, the design, construction,\u00a0 maintenance, or operation of any hazardous environments or systems, including any\u00a0 power generation systems; aircraft navigation or communication systems, air traffic\u00a0 control systems, or any other transport management systems; safety-critical applications,\u00a0 including medical or life-support systems, vehicle operation applications or any police,\u00a0 fire, or other safety response systems; and military or aerospace applications, weapons\u00a0 systems, or environments.\u00a0<\/p>

3. Reservation of Rights. You acknowledge and agree that the Application is\u00a0 provided under license, and not sold, to you. You do not acquire any ownership interest in the\u00a0 Application under this Agreement, or any other rights thereto other than to use the Application in\u00a0 accordance with the license granted, and subject to all terms, conditions, and restrictions, under\u00a0this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and\u00a0 other intellectual property rights therein or relating thereto, except as expressly granted to you in\u00a0 this Agreement.\u00a0<\/p>

4. Collection and Use of Your Information.\u00a0\u00a0<\/p>

(a) You acknowledge that when you download, install, or use the Application,\u00a0 Company may use automatic means (including, for example, cookies and web beacons)\u00a0 to collect information about your Mobile Device and about your use of the Application.\u00a0 You also may be required to provide certain information about yourself as a condition to\u00a0 downloading, installing, or using the Application or certain of its features or\u00a0 functionality, and the Application may provide you with opportunities to share\u00a0 information about yourself with others All information we collect through or in\u00a0 connection with this Application is subject to our Privacy Policy. By downloading,\u00a0 installing, using, and providing information to or through this Application, you consent to\u00a0 all actions taken by us with respect to your information in compliance with the Privacy\u00a0 Policy.\u00a0<\/p>

(b) You specifically consent and permit the Company to the collect and use\u00a0 your geographical location.\u00a0<\/p>

(c) You acknowledge and agrees that all writings, posts, pictures, videos, and\u00a0 similar intellectual property which is uploaded to the Company App or Website and mobile application\u00a0 shall be\u00a0 the sole and exclusive property of the Company, and the Company may at its sole\u00a0 discretion store, use, delete, or remove such information. If this section is found to be\u00a0 invalid or the intellectual property outlined in this section is found to not belong to\u00a0 Company, You automatically grant to Company a 20 year, no cost, license which includes the right to use, reproduce, modify, perform, display, distribute, and otherwise\u00a0 disclose to third parties any such material for any purpose\/according to your account\u00a0 settings.\u00a0<\/p>

(d) You own or control all rights in and to the User Contributions and have\u00a0 the right to grant the license granted above to us and our affiliates and service providers,\u00a0 and each of their and our respective licensees, successors, and assigns.\u00a0<\/p>

5. Content and Services. The Application may provide you with access to\u00a0 Company’s website and mobile application\u00a0 located at https:\/\/www.snakesnap.co\/<\/a> (the “Website and mobile application <\/strong>“) and products and\u00a0 services accessible thereon, and certain features, functionality, and content accessible on or\u00a0 through the Application may be hosted on the Website and mobile application\u00a0 (collectively, “Content and Services<\/strong>“).\u00a0 Your access to and use of such Content and Services are governed by Website and mobile application ‘s Terms of Use\u00a0 and Privacy Policy located therein, which are incorporated herein by this reference. Your access\u00a0 to and use of such Content and Services may require you to acknowledge your acceptance of\u00a0 such Terms of Use and Privacy Policy and\/or to register with the Website and mobile application , and your failure to do\u00a0 so may restrict you from accessing or using certain of the Application’s features and\u00a0 functionality. Any violation of such Terms of Use will also be deemed a violation of this\u00a0Agreement.<\/p>

6. Geographic Restrictions. The Content and Services are based in the state of\u00a0 Florida in the United States and provided for access and use only by persons located in the\u00a0 United States. You acknowledge that you may not be able to access all or some of the Content\u00a0 and Services outside of the United States and that access thereto may not be legal by certain\u00a0 persons or in certain countries. If you access the Content and Services from outside the United\u00a0 States, you are responsible for compliance with local laws.\u00a0<\/p>

7. Updates. Company may from time to time in its sole discretion develop and\u00a0 provide Application updates, which may include upgrades, bug fixes, patches, other error\u00a0 corrections, and\/or new features (collectively, including related documentation, “Updates<\/strong>“).\u00a0 Updates may also modify or delete in their entirety certain features and functionality. You agree\u00a0 that Company has no obligation to provide any Updates or to continue to provide or enable any\u00a0 particular features or functionality. Based on your Mobile Device settings, when your Mobile\u00a0 Device is connected to the internet either:\u00a0<\/p>

(a) the Application will automatically download and install all available\u00a0 Updates; or\u00a0<\/p>

(b) you may receive notice of or be prompted to download and install\u00a0 available Updates.\u00a0<\/p>

You shall promptly download and install all Updates and acknowledge and agree\u00a0 that the Application or portions thereof may not properly operate should you fail to do so. You\u00a0 further agree that all Updates will be deemed part of the Application and be subject to all terms\u00a0 and conditions of this Agreement.\u00a0<\/p>

8. Third-Party Materials. The Application may display, include, or make available\u00a0 third-party content (including data, information, applications, and other products, services,\u00a0 and\/or materials) or provide links to third-party website and mobile application s or services, including through third party advertising (“Third-Party Materials<\/strong>“). You acknowledge and agree that Company is not\u00a0 responsible for Third-Party Materials, including their accuracy, completeness, timeliness,\u00a0 validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company\u00a0 does not assume and will not have any liability or responsibility to you or any other person or\u00a0 entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely\u00a0 as a convenience to you, and you access and use them entirely at your own risk and subject to\u00a0 such third parties’ terms and conditions.\u00a0<\/p>

9. Term and Termination.\u00a0<\/p>

(a) The term of Agreement commences when you download or otherwise\u00a0 install the Application and acknowledge your acceptance and will continue in effect until\u00a0 terminated by you or Company as set forth in this Section 9.\u00a0<\/p>

(b) You may terminate this Agreement by deleting the Application and all\u00a0 copies thereof from your Mobile Device.\u00a0<\/p>

(c) Company may terminate this Agreement at any time without notice if it\u00a0 ceases to support the Application, which Company may do in its sole discretion. In\u00a0\u00a0<\/p>

addition, this Agreement will terminate immediately and automatically without any\u00a0 notice if you violate any of the terms and conditions of this Agreement.\u00a0<\/p>

(d) Upon termination:\u00a0<\/p>

(i) all rights granted to you under this Agreement will also terminate;\u00a0 and\u00a0<\/p>

(ii) you must cease all use of the Application and delete all copies of\u00a0\u00a0<\/p>

the Application from your Mobile Device and account.\u00a0<\/p>

(e) Termination will not limit any of Company’s rights or remedies at law or\u00a0 in equity.\u00a0<\/p>

10. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE\u00a0 “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY\u00a0 KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW,\u00a0 COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS\u00a0 AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY\u00a0 DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR\u00a0 OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED\u00a0 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,\u00a0 TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF\u00a0 COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.\u00a0 WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY\u00a0 OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE\u00a0 APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED\u00a0 RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE,\u00a0 APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION,\u00a0 MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR\u00a0 THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.\u00a0<\/p>

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR\u00a0 LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE\u00a0 APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE\u00a0 ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.\u00a0\u00a0<\/p>

11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY\u00a0 APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF\u00a0 ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY\u00a0 LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE\u00a0 THE APPLICATION OR THE CONTENT AND SERVICES FOR:\u00a0<\/p>

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST\u00a0 OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL,\u00a0 BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR\u00a0 ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,\u00a0 SPECIAL, OR PUNITIVE DAMAGES.<\/p>

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE\u00a0 EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.\u00a0THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH\u00a0DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING\u00a0 NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES\u00a0 WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH\u00a0 DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF\u00a0 LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY\u00a0 NOT APPLY TO YOU.\u00a0\u00a0<\/p>

12. Indemnification. You agree to indemnify, defend, and hold harmless Company\u00a0 and its officers, directors, employees, agents, affiliates, successors, and assigns from and against\u00a0 any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements,\u00a0 interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach\u00a0 of this Agreement, including but not limited to the content you submit or make available through\u00a0 this Application.\u00a0<\/p>

13. Export Regulation. The Application may be subject to US export control laws,\u00a0 including the Export Control Reform Act and its associated regulations. You shall not, directly or\u00a0 indirectly, export, re-export, or release the Application to, or make the Application accessible\u00a0 from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule,\u00a0 or regulation. You shall comply with all applicable federal laws, regulations, and rules, and\u00a0 complete all required undertakings (including obtaining any necessary export license or other\u00a0 governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the\u00a0 Application available outside the US.\u00a0<\/p>

14. Severability. If any provision of this Agreement is illegal or unenforceable under\u00a0 applicable law, the remainder of the provision will be amended to achieve as closely as possible\u00a0 the effect of the original term and all other provisions of this Agreement will continue in full\u00a0 force and effect.\u00a0<\/p>

15. Governing Law. This Agreement is governed by and construed in accordance\u00a0 with the internal laws of the State of Florida without giving effect to any choice or conflict of\u00a0 law provision or rule. Any legal suit, action, or proceeding arising out of or related to this\u00a0 Agreement or the Application shall be instituted exclusively in the federal courts of the United\u00a0 States in Orlando Florida or the courts of the State of Florida in each case located in Lake\u00a0 County, Florida. You waive any and all objections to the exercise of jurisdiction over you by\u00a0 such courts and to venue in such courts.\u00a0\u00a0<\/p>

16. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU\u00a0 MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE\u00a0 APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE\u00a0 OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS\u00a0 PERMANENTLY BARRED.<\/p>

17. Entire Agreement. This Agreement, the Terms of Use Agreement and our Privacy\u00a0 Policy constitute the entire agreement between you and Company with respect to the Application\u00a0 and supersede all prior or contemporaneous understandings and agreements, whether written or\u00a0 oral, with respect to the Application.\u00a0\u00a0<\/p>

18. Waiver. No failure to exercise, and no delay in exercising, on the part of either\u00a0 party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or\u00a0partial exercise of any right or power hereunder preclude further exercise of that or any other\u00a0 right hereunder. In the event of a conflict between this Agreement and any applicable purchase\u00a0or other terms, the terms of this Agreement shall govern.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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End User License Agreement End User License Agreement [EULA] This Mobile Application End User License Agreement (“Agreement“) is a binding agreement\u00a0 between you (“End User” or “you“) and Snake Snap, Inc. its successors and assignees (the\u00a0 “Company“). This Agreement governs your use of the Snake Snap App (the \u201cApp\u201d) on any\u00a0 mobile platform, including all […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-2216","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/semhandyman.com\/stag\/wp-json\/wp\/v2\/pages\/2216","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/semhandyman.com\/stag\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/semhandyman.com\/stag\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/semhandyman.com\/stag\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/semhandyman.com\/stag\/wp-json\/wp\/v2\/comments?post=2216"}],"version-history":[{"count":19,"href":"https:\/\/semhandyman.com\/stag\/wp-json\/wp\/v2\/pages\/2216\/revisions"}],"predecessor-version":[{"id":2725,"href":"https:\/\/semhandyman.com\/stag\/wp-json\/wp\/v2\/pages\/2216\/revisions\/2725"}],"wp:attachment":[{"href":"https:\/\/semhandyman.com\/stag\/wp-json\/wp\/v2\/media?parent=2216"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/semhandyman.com\/stag\/wp-json\/wp\/v2\/categories?post=2216"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/semhandyman.com\/stag\/wp-json\/wp\/v2\/tags?post=2216"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}