Last updated: March 3, 2021
1. Access to the Snack Solution
(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;
(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;
(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
(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.
(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.
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: email@example.com.
11. Payment Terms
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.
14. License to the Snack Mobile Application
16. Third Party Content, Websites or Services
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
19. DISCLAIMER REGARDING CRIMINAL BACKGROUND, IDENTITY VERIFICATION CHECKS AND USER SAFETY
20. Limitation of Liability
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;
(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
(i) suspend or terminate your rights to access or use the Snack Solution, including suspending or terminating your account; or
23. General Provisions
(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.
24. Apple App Store Additional License Terms
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.
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: firstname.lastname@example.org
25. Google Play