Snack App Terms of Use

Last updated: March 3, 2021

Welcome to Snack! By clicking “Accept” or using the Snack Solution, you are entering into an agreement with Meet Muse Media Inc. (“Snack”, “us”, “we”, “our”), under which you will be bound by the following terms of use (the “Terms of Use”), as updated from time to time in accordance with Section 2. The term “you” or “User” refers to the person browsing, accessing or otherwise using the Snack Solution (“use” or “using” in these Terms of Use will mean any of the foregoing). These Terms of Use will govern your access to and use of: (a) our website located at www.thesnackapp.com (the “Snack Website”); (b) any mobile device software provided by us to you, including our mobile application titled Snack (the “Snack Mobile Application”); (c) any text, pictures, media, data, information and other materials or content (collectively, the “Content”) contained on or provided through the foregoing (a) or (b); and (d) all other Content, products or services provided by us to you, as more particularly described on the Snack Website and the Snack Mobile Application (collectively, the “Snack Solution”).

If you do not agree to be bound by these Terms of Use, or other referenced agreements or documentation, you must cease to access or use the Snack Solution.  

1.                  Access to the Snack Solution

These Terms and Conditions apply to your access to and use of the Snack Solution. Subject to your compliance with these Terms of Use, you may use the Snack Solution in accordance with any documentation or guidelines we make available to you.

2.                  Changes to these Terms of Use and the Snack Solution

(a)               Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time by posting a new version to the Snack Website. When we change these Terms of Use, we may, at our discretion, place a notice on the Snack Website, send you an email, or notify you by some other means, including as required by applicable law.  We may also update the “Last Updated” date at the top of these Terms of Use.  Your continued access to or use of the Snack Solution after any changes to these Terms of Use indicates your acceptance of such changes.  

(b)               We reserve the right to change the Snack Solution at any time, without notice. We may, at our discretion, suspend your access to or use of the Snack Solution or any component thereof:

(i) for scheduled maintenance;

(ii) if you violate any provision of these Terms of Use; or

(iii) to address any emergency security concerns.

3.                  Eligibility to Use the Snack Solution

By using, and in order to be eligible to use, the Snack Solution, you must, and represent and warrant that you:

(a)               have the reached the age of majority in your jurisdiction;

(b)               have the right and authority to enter into these Terms of Use and to grant all rights granted by you in these Terms of Use;

(c)               are not prohibited by law from accessing the Snack Solution;

(d)               have not been found guilty of or pled no contest to any criminal offense, including any offense of a criminal or sexual nature;

(e)               are not a registered sex offender or required to register as a sex offender with any provincial, federal or local registry;

(f)                do not have more than one account on the Snack Solution; and

(g)               have not previously had your access to the Snack Solution revoked by us, unless we have given you express written permission to create a new account.

You must immediately cease to use the Snack Solution if you no longer meet these requirements.

4.                  User Account

(a)               In order to use the Snack Solution, you may be required to successfully sign up for a user account using the available interfaces of the Snack Solution. You may be required to provide your phone number or email address (the “User ID”), which will form the credentials you will use to access your user account. You will keep your User ID secure and will not grant access to or otherwise share your User ID with any other person.

(b)               You must monitor and control all activity conducted through your user account in connection with the Snack Solution and promptly notify us if you become aware of or reasonably suspect a security breach involving your user account, including any loss, theft or unauthorized disclosure or use of your User ID.

(c)               You must provide us with true, accurate, current and complete information for your User ID. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Snack Solution.

(d)               We reserve the right to disable your User ID at any time in our sole discretion. If we disable access to your User ID, you may be prevented from accessing the Snack Solution (or any portion thereof).

(e)               You must not use anyone else’s User ID at any time, without the permission of the User ID holder, or attempt, in any manner, to obtain the account or other security information from any other user.

5.                  Your Responsibilities and Compliance with Community Rules

(a)               Please review our current community rules, available at www.thesnackapp.com/guidelines (“Community Rules”) which contains important information about our guidelines and rules for the Snack Solution, and which is hereby incorporated into and forms a part of these Terms of Use, and governs your conduct on the Snack Solution. You agree to comply with our Community Rules at all times when using the Snack Solution.

(b)               In addition to complying with our Community Rules, you will:

(i)                 act in a respectful manner towards other users;

(ii)              not use the Snack Solution or Content to stalk, harass, bully, intimidate, defame, mistreat or harm another individual, or use the Snack Solution or Content for any illegal purpose;

(iii)            not misrepresent information about yourself, including your identity, age, present or past positions, qualifications or affiliations;

(iv)             not represent, explicitly or impliedly, that Snack has endorsed any statements made by you;

(v)               not solicit passwords for any purpose, or personal information for commercial or illegal purposes from other users or disseminate another person’s personal information without their permission;

(vi)             not solicit money or other valuable items from another user;

(vii)          not publish, market, advertise or in any way distribute the Content;

(viii)        not copy, modify, transmit, disseminate or create derivative works from any Content or any intellectual property, content or proprietary information accessed through the Snack Solution, without our prior written consent;

(ix)             not use the Snack Solution for the purpose of building a similar or competitive product or service;

(x)               not use the Snack Solution in relation to fraud or any other similar practice;

(xi)             not use the Snack Solution or any part thereof to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services or promotion of any website, or use any paid advertising platform to promote links that direct to the Snack domain or use the Snack trademark;

(xii)          not attempt to gain unauthorized access to the Snack Solution, or bypass any measures we may use to prevent or restrict access to the Snack Solution;

(xiii)        not disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Snack Solution (e.g., a denial of service attack);

(xiv)      not use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Snack Solution or any part thereof or otherwise attempt to discover any source code;

(xv)           not run any form of auto-responder or “spam” on the Snack Solution, or any processes that run or are activated while you are not logged into the Snack Solution;

(xvi)        not use or develop any third-party applications that interact with the Snack Solution, Content or other information contained on the Snack Solution, without our prior written consent;

(xvii)  not mirror or frame the Snack Solution or any Content; and

(xviii) not send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Snack Solution any data, information, pictures, videos, audio or other materials or content that:

(A)           is, or is likely to be deemed, libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, obscene, offensive, upsetting, annoying or alarming to any other person;

(B)         contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;

(C)           is false, intentionally misleading, or impersonates any other person, including reviews that are not representative of your experience;

(D)           you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate;

(E)          includes the image or likeness of another person without their consent (or if the person is a minor, the consent of their parent or guardian), or is an image or likeness of a minor unaccompanied by their parent or guardian;

(F)          encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;

(G)        discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others;

(H)             the submission of which, in itself, constitutes committing a criminal offense;

(I)          is connected with commercial activities, including sales, advertising, promotions, and solicitation for services, links to other websites or premium line telephone numbers;  or

(J)                could harm the reputation of Snack or it’s affiliates.

You will not authorize, permit, enable, induce or encourage any third party to do any of the above.

6.                  Your Content

(a)               You grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sub-licensable license to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, the Snack Solution (collectively, “Your Content”):

(i) to develop, enhance and make available the Snack Solution; and

(ii) to produce data, information, or other materials that are not identified as relating to a particular individual or company (such data, information and materials, the “Aggregated Statistical Information”). We are free to create, use and disclose Aggregated Statistical Information during and after the Term for any purpose and without obligations of any kind.

(b)               You understand that Your Content will be visible by other users of the Snack Solution and such other users may share Your Content with third parties, notwithstanding these Terms of Use. Accordingly, you agree that you will use your own judgement when providing us with Your Content.

(c)               We reserve the right to remove, edit, limit, or block access to Your Content from the Snack Solution at any time, and we have no obligation to display or review Your Content.

7.                  Crush SMS Messaging

By providing the mobile phone number of another individual to use the SMS messaging features of the Snack Solution, and in order to be eligible to use the SMS messaging features of, the Snack Solution, you must, and represent and warrant that you:

(a)               have a direct relationship with the recipient(s);

(b)               are respecting the legal rights of the recipient(s) not to receive certain kinds of messages (such as harassing messages, unsolicited commercial messages, and unwanted SMS messages);

(c)                 are acting within the law and that you have prior consent from the recipient(s) to send them such message(s);

(d)                 are acting as the sender of the message(s);

(e)                 understand that Snack is only acting at your direction and that you are solely responsible for the sending of message(s);

(f)                 will not send more than one message to a single recipient; and

(g)                 will use the messaging feature in accordance with these Terms and Community Rules.

Not all mobile devices or handsets may be supported and your message(s) may not be deliverable in all areas. Snack, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

8.                  Privacy

You acknowledge that you have carefully reviewed and understand our current Privacy Policy, available at www.thesnackapp.com/privacy, which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”).

9.                  Content Shared by Other Users

Content originating from other users will also be shared on the Snack Solution. While you may view such Content as part of the Snack Solution, you do not have any right in relation to such Content shared by other users, including the right to copy the Content.

10.                Reporting of Inappropriate Content

Snack does not condone any inappropriate Content or misconduct and encourages all users to report any inappropriate Content or misconduct by other users by submitting an email to us at: csr@thesnackapp.com.

11.              Payment Terms

While there is no cost to use the Snack Solution as of the current date, we reserve the right to charge fees at a later date, including for certain features and functionality within the Snack Solution.  It is your responsibility to check these Terms of Use regularly.

12.              Promotional Offers

We may run promotional offers from time to time on the Snack Solution. The terms of any such promotion will be posted on the Snack Solution. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Promotional offers may not be available in your jurisdiction.

13.              Ownership of the Snack Solution

(a)               All right, title and interest, including intellectual property rights, in the Snack Solution, all Aggregated Statistical Information and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of Snack.

(b)               The Snack Solution and all materials provided by us hereunder are made available or licensed, and not “sold” to you. 

(c)               All rights not expressly granted to you in these Terms of Use are reserved by Snack.

14.              License to the Snack Mobile Application

Subject to these Terms of Use, we grant you a worldwide, non-exclusive, non-transferable, non-sublicensable and revocable license during the Term to use the Snack Mobile Application in accordance with these Terms of Use.

15.              Feedback

You agree that any suggestion or idea provided by you (such suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Snack Solution or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

16.              Third Party Content, Websites or Services

The Snack Solution may provide links or access to third party content, websites, or services. Likewise, we may allow you to access the Snack Solution from third party systems. Snack does not endorse any third party content, websites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under Snack’s control, and if you choose to access any such content, websites, services or to access the Snack Solution from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use. Your interactions with individuals found on or through the Snack Solution, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals. You agree that, to the fullest extent permitted by applicable law, Snack is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

17.              General Disclaimer

Certain jurisdictions, including Quebec, Canada,  do not allow exclusion of implied warranties or conditions, so these exclusions set out in this Section 16, Section 17 and Section 18 may not apply in individual cases. You may have additional rights that vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or condition, the scope and duration of such warranty or condition will be the minimum permitted under such applicable law. YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SNACK SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SNACK SOLUTION  WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE SNACK SOLUTION IS OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE SNACK SOLUTION.

18.              DISCLAIMER REGARDING CONTENT

THOUGH WE STRIVE TO ENFORCE THE TERMS OF USE ABOVE WITH ALL OF OUR USERS, YOU MAY BE EXPOSED THROUGH THE SNACK SOLUTION TO CONTENT THAT VIOLATES OUR POLICIES OR IS OTHERWISE OFFENSIVE. YOU ACKNOWLEDGE THAT YOU ACCESS THE SNACK SOLUTION AT YOUR OWN RISK. WE MAY, BUT ARE NOT OBLIGATED TO, REMOVE CONTENT FROM THE SNACK SOLUTION FOR ANY REASON, INCLUDING IF WE DETERMINE OR SUSPECT THAT SUCH CONTENT VIOLATES THESE TERMS OF USE. WE TAKE NO RESPONSIBILITY FOR YOUR EXPOSURE TO CONTENT ON THE SNACK SOLUTION WHETHER IT VIOLATES OUR CONTENT POLICIES OR NOT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SNACK SOLUTION.

19.              DISCLAIMER REGARDING CRIMINAL BACKGROUND, IDENTITY VERIFICATION CHECKS AND USER SAFETY

YOU ACKNOWLEDGE THAT SNACK DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS OR INQUIRE INTO THE BACKGROUND OF ITS USERS. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. HOWEVER, WE RESERVE THE RIGHT TO CONDUCT - AND YOU AUTHORIZE SNACK TO CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION PROVIDED BY YOU MAY BE USED FOR THAT PURPOSE. IF WE CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU AUTHORIZE US TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS OF USE.  YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY AND ANY SEX OFFENDER SCREENINGS AND OTHER TOOLS WE MAY USE ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. YOU MAY RECEIVE COMMUNICATIONS THROUGH THE SNACK SOLUTION FROM USERS ENGAGING WITH THE SNACK SOLUTION FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

20.              Limitation of Liability

Certain jurisdictions, including Quebec, Canada,  do not allow exclusion of limitations of liability, so these limits may not apply in individual cases. You may have additional rights that vary from jurisdiction to jurisdiction. To the extent that we may not, as a matter of applicable law, limit any liability, our liability to you will be the minimum permitted under such applicable law.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE SNACK SOLUTION OR THE INABILITY TO MAKE USE OF THE SNACK SOLUTION, OR THESE TERMS OF USE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SNACK SOLUTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SNACK SOLUTION.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SNACK SOLUTION, EXCEED $50CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

21.              Indemnification

You will defend, indemnify and hold harmless us, our affiliates and service providers, and each of their and our respective officers, directors, employees, and agents, and any licensees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable legal and accounting fees, arising out of or in connection with:

(a)               your use (or the use by any third party using your User ID) of the Snack Solution;

(b)               your breach of any provision of these Terms of Use or any documents referenced herein;

(c)               your violation of any law or the rights of a third party, including intellectual property rights; or

(d)               Your Content.

22.              Term and Termination; Survival

(a)               These Terms of Use will commence on the day you first acknowledge your acceptance (e.g. by clicking “Accept”) or otherwise access or use the Snack Solution and will continue until terminated in accordance with the provisions of these Terms of Use (the “Term”). At any time, Snack may:

(i) suspend or terminate your rights to access or use the Snack Solution, including suspending or terminating your account; or

(ii) terminate these Terms of Use, including if Snack, in good faith, believes that you have used the Snack Solution in violation of these Terms of Use or have engaged in activity or behaviour that Snack regards as inappropriate or unlawful, on or off of the Snack Solution. You may terminate these Terms of Use at any time by providing us with written notice, deleting your account, ceasing use of the Snack Solution and uninstalling and deleting the Snack Mobile Application. For certainty, if you continue to use any portion of the Snack Solution after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.

(b)               The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 6 (Your Content), 7 (Privacy), 13 (Ownership of the Snack Solution), 14 (Third Party Content, Websites or Services), 17 (General Disclaimer), 18 (Disclaimer Regarding Content), 19 (Disclaimer Regarding Criminal Background, Identity Verification Checks and User Safety), 20 (Limitation of Liability), 21 (Indemnification), 22(b) (Survival), and 23 (General Provisions).

23.              General Provisions

(a)               Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia in all disputes arising out of or relating to the use of the Snack Solution. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use.  This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

(b)               Force Majeure. Under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

(c)               Entire Agreement. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Snack Solution. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

(d)               Construction and Interpretation. Except as otherwise provided in these Terms of Use, the parties’ rights and remedies under these Terms of Use are cumulative. The term “includes” and “including” mean, respectively, “include without limitation” and “including without limitation”. Headings are for reference purposes only and have no substantive effect.

(e)               Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.

(f)                Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.

(g)               Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.

(h)               Dispute Resolution. If you believe that Snack has not adhered to these Terms of Use, please contact Snack by emailing us at csr@thesnackapp.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

(i)                 English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

24.              Apple App Store Additional License Terms

If the Snack Mobile Application is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all of the other terms and conditions of these Terms of Use:

The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the Snack Mobile Application and content thereof is governed by these Terms of Use.

Notwithstanding anything to the contrary hereunder, you may use the Snack Mobile Application only on an iPhone or iPod touch that you own or control.

You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Snack Mobile Application.

In the event of any failure of the  Snack Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Snack Mobile Application (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Snack Mobile Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use.

Any claim in connection with the Snack Mobile Application related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim.

Any third party claim that the Snack Mobile Application or your possession and use of the Snack Mobile Application infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.

You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.

You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Snack Mobile Application.Name: Kimberly Kaplan

Address: 1055 West Hastings St, Suite 1700 Vancouver, BC V6E 2E9 Canada

Email Address: info@thesnackapp.com

Apple is a third party beneficiary to these Terms of Use and may enforce these Terms of Use against you.

If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.

25.              Google Play

If the Snack Mobile Application is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:You acknowledge that Google is not responsible for providing support services for the Snack  Mobile Application.If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.