Snaqing Terms of Use

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Last Updated: Oct 19, 2022

 

Welcome to Snaqing

 

Snaqing, Inc. and its subsidiaries and affiliates, including any that Snaqing may form or acquire in the future (“Snaqing”), provide this website, www.snaqing.com (the “Site”), and any other content, applications, features, functionality, information, and services offered by Snaqing through the Site (“Services”) subject to your compliance with these Terms of Use (“Terms of Use”). The Terms of Use are a legally binding contract between you and Snaqing. 
 

By accessing or using the Site, or by otherwise accepting these Terms of Use, you (an individual or entity) agree to the terms and conditions set forth in these Terms of Use. These terms apply to sellers and buyers alike. Please read these Terms of Use carefully before using the Site. If you violate or do not agree to these Terms of Use, your access to and use of the Site, is unauthorized.
 

These Terms of Use and/or the Site may be changed at any time and notice of such changes shall be given by posting updated Terms of Use on the Site with the updated date next to “Last Updated”. Your continued use of the Site following any such change constitutes acceptance of the updated Terms of Use.

The terms “we”, “us” and “our” means Snaqing. The terms “you”, “your” or “user” means the users of the Site.

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1. Your Privacy
   
   Your privacy is important to us. Please also review our Privacy Policy, which details how your information is collected and used when you use our Site and Services. By using our Site and Services, you are consenting to the collection, use, disclosure, and other handling of your information as described in our Privacy Policy (as updated from time to time), which is incorporated into these Terms of Use and also governs your use of the Site.
    

2. License to Use Our Site 
   
   Snaqing grants you a limited, non-exclusive, non-transferable, revocable, license (“License”) to access and use the Site pursuant to these Terms of Use.
   
   These Terms of Use do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Snaqing. 
    

3. Account Registration
   
   To make a purchase or sell an item on the Site, you must register for an account (“Account”).  You must be at least 18 years old to register for an Account. 
   
   You agree that all of your registration information will be true and complete, and you will keep your Account information current and up to date. You agree to keep your Snaqing username and password confidential, and to access the Site from devices that have up-to-date operating systems and security software. 
   
   You will be responsible for all purchases and sales made, and other activity that occurs, through your Account. If you are sharing your Account with others, then the person whose financial information is on the Account will be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to these Terms of Use on behalf of the business. 
   
   ​Please notify us immediately of any suspected unauthorized activity on your Account.
    

4. Sales by Snaqers 
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   • General. Sellers (“Snaqers”) can list their products (“Snaqs”) for sale on our Site. Snaqers are required to provide certain information in their Accounts in order to be able to receive payment for their Snaqs. Snaqers will not receive payment until the Snaq they are selling is received by the buyer. 

   • Our Fees.  The fees we charge to Snaqers for our Services (“Snaqer Fees”) are listed on our Site. By selling on our Site, Snaqers authorize us to charge the Snaqer Fees to their Accounts. Unless noted, fees are in US dollars. By selling Snaqs on our Site, you are authorizing us to manage the transaction on your behalf and to deduct our Snaqer and Delivery Fees, and any sales taxes, or other taxes, from the transaction amount before sending you the remaining amount. Snaqer Fees will be partially or fully refunded if a partial or full refund is made to a customer. 

   • Increasing Fees. We may increase our Snaqer Fees from time to time by posting the changes on the Site 14 days in advance.

   • Snaqer Liability for Fees. If you are a Snaqer, you are liable for Snaqer Fees arising out of all sales made using our Site, even if sale terms are finalized or payment is made outside of the Site.  If you fail to pay Snaqer Fees, Snaqing may collect amounts owed, plus any late fees, by charging a payment method on file with us (if any), retaining collection agencies and legal counsel, or suspending or limiting your Account. 

   • Limiting your Sales. You understand that Snaqing can terminate your Account or limit your selling privileges on our Site at any time and for any reason.

   • Health and Safety Permitting. You understand that food related Snaqs are subject to state, county and city requirements. It is each Snaqer’s responsibility to meet the legal requirements in applicable jurisdictions, and to obtain any permits or licenses, such as health permits, that are required. You may not sell anything that violates any laws.
      

5. Purchases by Buyers 
    

   • Pricing and Taxes. Buyers can purchase Snaqs sold by Snaqers on our Site (“Orders”) subject to the Snaqer’s prices and other terms. Payments are securely processed by Stripe. Snaqing does not store your credit/debit card information. By purchasing on our Site, you are authorizing us to manage the transactions on behalf of Snaqers.

   • Errors. Pricing errors and other errors occasionally occur on the Site. We reserve the right to cancel any Orders containing pricing errors or other errors at any time without further obligation to you, including after you have received a confirmation of your Order.

   • Acceptance of Order. The receipt of an order number or an email confirmation does not constitute the acceptance of an Order by us or a confirmation of an offer to sell. Snaqing reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. If any Snaq you request becomes unavailable on the Site, we may cancel your Order. Verification of information may be required prior to the acceptance of an Order. Prices and availability of Snaqs on the Sites are subject to change without notice.
      

6. Proprietary Rights 
   
   The Site contains valuable trademarks and service marks owned by Snaqing, or other content providers (such as Snaqers). All content on the Site (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by Snaqing, other content providers, or their licensors, and may be protected by copyright, trademark, and other applicable laws.
   
   Your access to, and use of, the Site does not grant you any license or right to use any trademark, logo, or service mark displayed on the Site. Snaqing, other content providers, or their licensors, retain full and complete title to and reserve all rights in the material on the Site, including all associated intellectual property rights. Snaqing neither warrants nor represents that your use of materials on the Site will not infringe rights of third parties.
   
   Any other use of the material on the Site, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from any material, information, software, products, or services obtained from the Site, or use of the Site or any content on the Site for purposes competitive with Snaqing or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as they may be updated from time to time.
    

7. Content You Submit
   
   You may create, provide, post, or upload certain content (“Your Content”) on your Account profile, forums, or other parts of the Site, including but not limited to, business names, a description of yourself or your business, Snaq listings with photos and descriptions, profile pictures, reviews, comments, requests for Snaqs, videos, usernames. You are solely responsible for Your Content and the consequences of posting or publishing it. By providing or uploading Your Content, you represent that (i) Your Content is consistent with the Acceptable Use provision in Section 9 below, is accurate, and is not false or misleading, and (iii) you have proper ownership or license to grant Snaqing, and do grant Snaqing, a non-exclusive worldwide, irrevocable, perpetual, royalty-free license to display, reproduce, and use Your Content in the provision of service to you and others. 
   
   For all communications with Snaqing, including but not limited to feedback, questions, comments, and suggestions: (i) you will have no right to confidentiality in your communications and Snaqing will have no obligation to protect your communications from disclosure; (ii) Snaqing will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Snaqing will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
    

8. Reporting Unauthorized Content
   
   If you believe in good faith that any content that you own or have rights to has been posted to the Site without your permission and you want it removed, please email support@snaqing.com, pursuant to the Digital Millennium Copyright Act of 1998. Your notice must include: (i) identification in sufficient detail of the copyrighted work that you claim has been infringed; (ii) identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright; (iv) the electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner's behalf; (v) a statement that you have a good faith belief that use of the material on the Site is not authorized by the copyright owner or its agent or the law; and (vi) a statement that you swear under penalty of perjury that the information contained in your notice is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   
   If Your Content is alleged to infringe on another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your Account. You will have an opportunity to file a counter notification if you believe that Your Content has been removed as a result of a mistake.  
    

9. Acceptable Use of the Site 
   
   As a condition of your license to use and access the Site, you agree that you will not do any of the following:

   • Use the Site if you are under the age of 18 or otherwise unable to enter into binding legal agreements;

   • Share your Account or password with others;

   • Use the Site unlawfully or for an unlawful purpose;

   • Post, upload or transmit any of Your Content that is illegal, abusive, defamatory, threatening, harassing, obscene, vulgar, racist, or which constitutes hate speech;

   • Use the Site in a manner that is fraudulent or deceptive;

   • Fail to pay for Snaqs purchased by you; 

   • Fail to make available items sold by you; 

   • Stalk, harass, or harm another individual;

   • Impersonate another, misrepresent or falsely identify yourself;

   • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site;

   • Take any action that imposes an unreasonable or disproportionately large load on Snaqing's servers; or

   • Use any robot, spider or other automatic device, or a manual process, to collect or harvest information about users or Snaqs for sale.
      

10. Email Communications
    
    You consent to receive communications from us electronically, including emails, SMS messages, mobile push notices, or notices and messages in your Account.  You can manage these preferences by emailing us from your Account settings, including whether you want to receive our newsletters, and how often, as well as if you would like to get email notifications when certain activities related to your Account occur. 
    
    You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing (“Required Notices”). You may withdraw such consent to receive Required Notices electronically by sending an email to support@snaqing.com. In order for Snaqing to send your Required Notices in the mail, which may be at your expense, you must have a current mailing address on file in your Account.
     

11. Refund Policy 
    
    Most food items sold by Snaqers will not be eligible to be returned for a refund.  The refund policy for each Snaqer will vary as set forth by such Snaqer. It is a buyer’s responsibility to know a Snaqer’s refund policy before purchasing from a Snaqer.  Snaqing does not generally get involved in returns, refunds, or disputes between users.  Snaqing is not responsible for any cost associated with the return of any Snaqs.  By making a purchase on our Site, you agree to release Snaqing from any claims, demands, and damages arising out of disputes with other users.
     

12. Limitation of Liability
     

    • Snaqs You Purchase. You understand that Snaqing does not cook, prepare, manufacture, store, or inspect the Snaqs produced and listed by Snaqers through the Site.  We provide a marketplace and manage payments between users. Therefore, Snaqing cannot and does not make any warranties about any Snaq’s existence, quality, safety, or legality.  Snaqing does not guarantee the ability of Snaqers to sell items or that they will actually complete a transaction or allow any refunds.  Any legal claim related to a Snaq that you purchase must be brought directly against the Snaqer of the Snaq. You release Snaqing from any claims related to Snaqs sold through our Site, including for misrepresentations by Snaqers or Snaqs that cause illness or injury.
       

    • Snaqs you Sell. Snaqing does not guarantee the ability of buyers to pay for items, or that a buyer will actually complete a transaction or return an item if requesting a refund.
       

    • Content You Access. You may come across materials that you find offensive or inappropriate while using our Site. We make no representations concerning any content posted by users through the Site. Snaqing is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you access through the Site. You release us from all liability relating to that content.
       

    • People You Interact With. If you use the Site to interact with other individuals, either online or in person, you understand that we do not screen users of our Site, and you release us from all liability relating to your interactions with other users. It is important that you be careful and exercise caution and good judgment in all interactions with others, especially when meeting someone in person.
       

    • Third-Party Websites. Our Site may contain links to third-party websites or services that we do not own or control. You may also need to use a third party’s product or service in order to use some of our Services. When you access these third-party services, you do so at your own risk. Snaqing makes no claim and accepts no responsibility regarding the quality, nature or reliability of the third-party websites or services. The third parties may require you to accept their own terms of use. Snaqing is not a party to those agreements; they are solely between you and the third party.
      
      ​IN NO EVENT SHALL SNAQING, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR SERVICES, OR THE SNAQS SOLD ON THE SITE. 
      
      IN NO EVENT SHALL SNAQING’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS OR THE AMOUNT YOU PAID SNAQING IN THE PAST SIX MONTHS.
       

13.  No Warranty
    
    THE SITE AND ANY SNAQ MADE AVAILABLE TO YOU THROUGH THE SITE IS PROVIDED “AS IS”. SNAQING MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, SNAQING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SITE.
    
    WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. 
    
    SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
     

14. Indemnification
    
    You agree to indemnify, defend, and hold harmless Snaqing and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against, any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to, or use of, the Site, any Snaqs you sell or buy, any of Your Content that you post or submit to the Site, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. 
    
    Snaqing reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Snaqing if and as requested by Snaqing in the defense of such matter.
     

15. Outages
    
    Snaqing periodically schedules system downtime for the Site for maintenance and other purposes. Unplanned system outages may also occur. You agree that Snaqing has no responsibility and is not liable for: (a) the unavailability of any of the Site; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Site, any Internet service providers or otherwise.
     

16. Termination
    
    You may terminate your Account with Snaqing at any time from your Account settings. If you delete your Account, your personal information (name, phone number, address, email, profile picture, etc.) will be deleted permanently and cannot be recovered. All the listings you have created will be removed. You will not be able to reactivate your Account. However, information where other members are involved (conversations with other people, transactions you have made, reviews you have given to others, etc.) is not removed when you delete your Account.
    
    We may close your Account at any time in our sole discretion and without notice to you. This means we can close (or suspend) your Account if we believe you are using the Site in a manner not intended by us or in a way that violates our Terms of Use, or for any other reason. In no case will Snaqing’s closure of your Account, or reduction of your access to the Site, waive or affect any other right or relief to which Snaqing may be entitled. 
    
    We may change, suspend, or discontinue any of the Services provided on our Site at any time, for any reason. We will not be liable to you for the effect that any changes to the Site may have on you, including your income or your ability to generate revenue through the Site.
    
    These Terms of Use will remain in effect even after your access to the Site is terminated, or your use of the Site ends.
     

17. Resolution of Disputes
    
    We hope to be able to settle any disputes with you. If we cannot, these provisions will govern any legal disputes.

    • ​Choice of Law. The Terms of Use shall be governed by the laws of the State of California without regard to its conflict of law provisions.

    • Disclaimer. YOU AND SNAQING AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

    • Prior to Arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Snaqing will provide such notice by email to your email address on file in your Account and you must provide such notice by email to legal@snaqing.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.

    • Arbitration. Any controversy or claim arising out of or relating to these Terms of Use or the Site will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in the County of San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Snaqing or you may seek any interim or preliminary relief from a court of competent jurisdiction in the County of San Francisco, California, as necessary to protect the rights or property of you or Snaqing.
       

18. Miscellaneous

    • ​No Waiver. Snaqing's failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

    • Entire Agreement. These Terms of Use, together with the Privacy Policy, and any amendments and additional agreements you might enter with Snaqing in connection with our Site, shall constitute the entire agreement between you and Snaqing concerning the Site and our Services, and shall supersede any prior terms you had with Snaqing regarding the Site and our Services.

    • Severability. If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use shall remain in full force and effect.

    • Limitation of Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

 

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Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.

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a. Scope of License: Licensor grants to you a nontransferable license to use the Licensed Application on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Apple Device to a third party, you must remove the Licensed Application from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).

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b. Consent to Use of Data: You agree that Licensor may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

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c. Termination. This Standard EULA is effective until terminated by you or Licensor. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms. 

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d. External Services. The Licensed Application may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you. 

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e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

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g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

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h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

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i. Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Apple shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Apple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

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If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

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Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

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Illustrations Designed by Freepik.

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How to Contact Us

If you have any questions or comments, please contact us by:

1. ​emailing us at info@snaqing.com;

2. contacting us by phone at +1 650 353 4576 or

3. mailing us at the following address:
   Snaqing Inc
   600 N Broad Street
   Suite 5 #3140
   Middletown, DE 19709
   United States

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Homemade Food

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