SnapRides Usage Terms

 

Terms of Service

The following terms and conditions govern all use of the SnapRides mobile app, the SnapRidesapp.com website and all content, services and features available at or through the app or website (taken together, the Services). The Services are provided by Mobile Flow, LLC. (“MoFlo”). The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MoFlo’s Privacy Policy) and procedures that may be published from time to time on this website by MoFlo (collectively, the “Agreement”).

 

Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the  app or website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not use the app, access the website or use any services. If these terms and conditions are considered an offer by MoFlo, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 13 years old.

  1. Your Account. If you create an account to use the Services, you are responsible for maintaining the security of your account and password, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Services. You must not use the Services in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and MoFlo may change or remove any description, individual or team name that it considers inappropriate or unlawful, or otherwise likely to cause MoFlo liability. You must immediately notify MoFlo of any unauthorized uses of your account or any other breaches of security. MoFlo will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate the app, comment on another user’s status, post material to the website, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available to others from your account, you represent and warrant that:
    A) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; B) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any images, audio, video or computer software, or (ii) secured from your employer a waiver as to all rights in or to the Content; C) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; D) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; E) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); F) the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  1. By submitting Content to MoFlo, you grant MoFlo a world-wide, royalty-free, and non-exclusive license to reproduce, modify and adapt the Content solely for the purpose of optimizing the Services. If you delete Content, MoFlo will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
  2. Without limiting any of those representations or warranties, MoFlo has the right (though not the obligation) to, in MoFlo’s sole discretion (i) refuse or remove any content that, in MoFlo’s reasonable opinion, violates any MoFlo policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in MoFlo’s sole discretion.
  3. Payment & General Terms.
    A) Fees. By use of the SnapRides Services, you agree to paid the required fees. Fees shall include optional costs for device specific applications (apps), subscription fees and optional storage fees. Further, you agree that by using the SnapRides Services, that if you are a member of an organization which comprises of more than five (5) concurrent users, you will enter into a seperate legal agreement for "Enterprise Class" support fees. B) Optional paid features such as term-base subscription, extra storage upgrade, in-app purchases, or team management services are available on the Service (any such features, an “Upgrade”). By selecting an Upgrade you agree to pay MoFlo the one-time, monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
  1. Enterprise Class Features.
    A) Fees & Payment. By signing up for a Upgrade Features account you agree to pay MoFlo the appropriate fees as indicated within the app or on the web site. Applicable fees will need to be paid in advance of using such services. MoFlo reserves the right to change the payment terms and fees without any prior written notice to you. B) Support. Upgrade Features include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by MoFlo to respond within one business day) concerning the use of the Upgrade Features. “Priority” means that support for Upgrade Features customers takes priority over support for users of the standard, free app or website services. All Upgrade Features support will be provided in accordance with MoFlo standard Upgrade Features practices, procedures and policies.
  1. Responsibility of Users. MoFlo has not reviewed, and cannot review, all of the material, including Content, posted to the app or website, and cannot therefore be responsible for that material’s content, use or effects. By providing the Services, MoFlo does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MoFlo disclaims any responsibility for any harm resulting from the use of its Services, or from any downloading by those visitors of content there posted.
  2. Content Posted on Other Websites. The services provide by MoFlo may include advertisements, which may be targeted to the Content or information on the app or website, queries or status updates made through the app or website, or other information. The types and extent of advertising by MoFlo on the Service are subject to change. In consideration for MoFlo granting you access to and use of the Service, you agree that MoFLo and its third party providers and partners may place such advertising on the app or website or in connection with the display of Content or information from the Service whether submitted by you or others. We have not reviewed, and cannot review, all of the material, including any in-app advertisements or promotional offers, made available through the app or web site. MoFlo does not have any control over those 3rd party websites and apps, and is not responsible for their contents or their use. By linking to a 3rd party website or app, MoFlo does not represent or imply that it endorses such website or app. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MoFlo disclaims any responsibility for any harm resulting from your use of 3rd party websites and apps.
  3. Copyright Infringement and DMCA Policy. As MoFlo asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Service violates your copyright, you are encouraged to notify MoFlo. MoFlo will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MoFlo or others, MoFlo may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, MoFlo will have no obligation to provide a refund of any amounts previously paid to MoFlo.
  4. Intellectual Property. This Agreement does not transfer from MoFlo to you any MoFlo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MoFlo. SnapRides, SnapRides App, SnapRidesapp.com logo, and all other trademarks, service marks, graphics and logos used in connection with SnapRidesapp.com, or the Service are trademarks or registered trademarks of MoFlo or MoFlo’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any MoFlo or third-party trademarks.
  5. Changes. MoFlo reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Service or access to the app or website following the posting of any changes to this Agreement constitutes acceptance of those changes. MoFlo may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  6. Termination. MoFlo may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Service. Notwithstanding the foregoing, if you have an Upgrade Features account, such account can only be terminated by MoFlo if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MoFlo’s notice to you thereof; provided that, MoFlo can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  7. Disclaimer of Warranties. The Services are provided “as is”. MoFlo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MoFlo nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or features through, the Service at your own discretion and risk.
  8. Limitation of Liability. In no event will MoFlo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MoFlo under this agreement during the twelve (12) month period prior to the cause of action. MoFlo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  9. General Representation and Warranty. You represent and warrant that (i) your use of the Service will be in strict accordance with the MoFlo Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
  10. Indemnification. You agree to indemnify and hold harmless MoFlo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
  11. Miscellaneous. This Agreement constitutes the entire agreement between MoFlo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MoFlo, or by the posting by MoFlo of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MoFlo may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

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