TERMS OF USE
Introduction and Acceptance
Welcome to the SnapFashun website located at http://www.snapfashunedu.com/ and http://www.snapfashun.com (the “Website”) which includes all subdomains present and future. We hope you enjoy your visit and / or use of the Website, which may include the purchase of certain goods or services. By visiting and / or using the Website you agree to be bound by the terms of the present agreement, known as the Terms of Use (the “TOU”).
The Website is owned and operated by SnapFashun Group Inc., a duly incorporated company in the province of Québec, Canada. Where the present TOU refer to “SnapFashun”, they may refer to the Website or SnapFashun Group Inc. (and / or its officers, directors, employees, agents or representatives) or both, depending on the context.
The TOU were last modified on April 7, 2015. SnapFashun reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes.
The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Website.
In these TOU, a Website visitor or user may be referred to as “you”. When a Website user has made a purchase, he or she may be referred to as a “Client”.
If you have any questions about the TOU, please contact:
SnapFashun Legal Services
or:
SnapFashun Legal Services
602-4998 boul. De Maisonneuve Ouest
Montreal (QC)
CANADA
H3Z 1N2
General Code of Conduct for Use of the Website
By visiting and / or using the Website, you agree to:
(i) Not use the Website in any manner that in any way violates these TOU;
(ii) Not use the Website in any manner that violates any intellectual property rights of any third party;
(iii) Not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
(iv) Not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to SnapFashun or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether Personal Information or not) of SnapFashun, other Website users, or any other third party;
(v) Not: (1) take any action that imposes or may impose (as determined by SnapFashun in its sole discretion) an unreasonable or disproportionately large load on SnapFashun’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on the Website; (3) bypass any measures SnapFashun may use to prevent or restrict access to the Website or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; or (5) harvest or scrape any content from the Website in an unreasonable manner;
(vi) Use the Website in compliance with all applicable local, state / provincial, national, and international laws.
The SnapFashun Plug-In for Adobe Illustrator CC
Through the Website, you may purchase a license for or download a trial version of the SnapFashun Plug-In for Adobe Illustrator CC (hereinafter the “Plug-in”). The Plug-in includes the SnapFashun libraries. Where you download the Plug-in, you will be asked to accept the End User License Agreement for The SnapFashun Plug-In for Adobe Illustrator CC (hereinafter the “Plug-in EULA”) during the installation process. Your use of the Plug-in is conditional upon your acceptance of the Plug-in EULA.
Trial Version of the Plug-in
You may download a trial version of the Plug-in directly from the Website. The Plug-in trial version is fully functional and includes all the SnapFashun libraries, but will only function for a 15-day trial period. To download the Plug-in trial version you will need to enter your valid email address and choose a password, but no other information is required. Upon completion of the 15-day trial period, the Plug-in will no longer function. At that time, you may purchase a license for use of the Plug-in as described in the sections below. Upon purchase of a license, you will be sent an activation key that will allow you to activate the Plug-in so that it will continue to function.
Purchases of Plug-in Licenses
You may purchase a license (or multiple licenses) for the use of the Plug-in either on a monthly or annual basis, which may be referred to in the present TOU as a “Recurring License”. Notwithstanding that the purchases are made at a subdomain of the Website at the URL https://store.snapfashunedu.com, the purchase process is controlled and managed by a third party, Avangate, who have been authorized by SnapFashun to act as merchant and reseller of Recurring Licenses. Upon your purchase of a Recurring License, you will be able to download the Plug-in from Avangate. Avangate will send you an activation key for the Plug-in via email, using the valid email address provided during the payment process.
For the purposes of billing of your Recurring License, a month is calculated from the day the license was originally purchased through to the end of the day prior to the same day in the following calendar month. So for example if you purchased your monthly Recurring License on February 10th, the current month goes through to the end of March 9th. A year is calculated from the day the license was originally purchased through to the end of the day prior to the same day in the following calendar year. So for example if you purchased your annual Recurring License on February 10th, 2015, the current year goes through to the end of February 9th, 2016. The payment period of your Recurring License, whether monthly or annual, may be referred to in the present TOU as a “Billing Period”.
Upon purchase of a Recurring License from Avangate, an account for you at Avangate will be automatically created if you have never made a purchase using Avangate before. Through this account which you may access with your email address you can manage your purchases, including canceling your Recurring License, as described further hereinbelow.
Your Recurring License recurs automatically at the end of every Billing Period. If you wish to cancel your Recurring License, you must do so prior to the end of the current Billing Period so that your credit card or other payment method will not be charged again. Please refer to the section “Cancellation of Your Recurring License” below for further information and instructions.
When you make a purchase of a Recurring License, you are subject to Avangate’s Terms and Conditions (hereinafter the “Avangate Terms”) and Privacy Policy, which are hereby incorporated by reference into the present TOU.
Payment Processing
All purchases of Recurring Licenses made through the Website via Avangate are processed using a secure https:// connection, and payment processing is handled through the online payment processor Avangate.
Avangate accepts a wide variety of payment options, but this is subject to change without notice. Once transactions are accepted by the Avangate, they are processed in accordance with the Avangate’s program rules and procedures. SnapFashun and Avangate are unaffiliated companies and SnapFashun has no influence on the operations of Avangate, and SnapFashun shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of Avangate.
If you have any questions or issues with your payment or order, online customer support is available, or please contact us or Avangate.
Prices
Pricing of the Recurring Licenses can be found on the Pricing page. All prices are firm and in American dollars that may be converted to other currencies by Avangate at the time of payment processing, depending on your country of origin and / or credit card account agreement, or the terms of your account of other payment method.
In the event that a product or service is mistakenly listed at an incorrect price, SnapFashun reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SnapFashun reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Client's credit card or other payment method. If the Client has already been charged for the purchase and the order is cancelled, SnapFashun shall issue a credit to the credit card or other payment method used to make the purchase in the amount of the incorrect price (plus any taxes).
Purchases - Fees and Taxes
Purchases made via Avangate to Canadian Clients are tax-exempt, as Avangate acts as a reseller from a foreign jurisdiction. Purchases may be subject to duties, or national or local taxes in your home jurisdiction. You acknowledge that you are solely responsible for any of these additional charges.
Shipping
All Plug-in purchases are delivered by direct download at the time of purchase. If you have any problems or issues with downloading when making a purchase of a license, please contact Avangate.
Returns and Exchanges
SnapFashun will gladly exchange products if Avangate has mistakenly delivered the wrong product through your download. We do not accept responsibility in cases where the Client has ordered a product incorrectly, so please enter all ordering information carefully. After your order is downloaded, SnapFashun is unable to accept any changes to, or cancellation of, your order except in cases (due to SnapFashun error) of malfunctioning Plug-in or infrastructure.
In all cases when the Client requests an exchange or refund, please contact us and include your order information (date of purchase and product(s) purchased) and a description of the reason for your request, and we will provide you with instructions to complete your exchange or refund. SnapFashun reserves the right to make a final determination if a refund or exchange is warranted, yet we will make every effort to ensure your satisfaction.
Refunds will only be issued to the same credit card or other payment method that was used for the original purchase.
Cancellation of Your Recurring License
Your Recurring License will recur automatically unless it is canceled as per this section of the TOU. Your Recurring License can be cancelled by visiting and logging into the MyAccount page, and cancelling in the time frame as provided for in the next paragraph. You may also contact Avangate and cancel in the time frame as provided for in the next paragraph
You must cancel your Recurring License at least 24 hours prior to the expiry of the current Billing Period to avoid your credit card or other payment method being charged for the subsequent Billing Period.
External Links
From time to time SnapFashun may provide links to other websites or services. Links from the Website may take you to websites or services not covered by these TOU. When you access third party resources on the Internet in this manner, you do so at your own risk. SnapFashun provides those links as a convenience to you and SnapFashun takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. SnapFashun does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those third parties.
In no way will SnapFashun be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
Copyright and Intellectual Property Rights
The content, arrangement and layout of the Website, including, but not limited to, the trademarks, libraries, Sketches, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code are proprietary to SnapFashun, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of SnapFashun, or as permitted by the functionality of the Website or these TOU, or the Plug-in EULA when you have downloaded the Plug-in or purchased a Recurring License. Any unauthorized use of the content, arrangement or layout of the Website, computer code, images, logos, videos, audio or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and SnapFashun may take action accordingly.
The above paragraph further applies to third party property used as part of the Website, including but not limited to third party computer code. For the purposes of the present section, “computer code” includes source code, frameworks, CSS or JavaScript files, templates, modules, or any similar files.
Adobe and Adobe Illustrator are registered trademarks of Adobe Systems. Windows is a registered trademark of Microsoft Corp. Macintosh is a registered trademark of Apple Computer, Inc. All other products and company names mentioned on the Website or in the SnapFashun Software may be trademarks or registered trademarks of their respective owners. All the trademarks mentioned in the present paragraph are used by permission of their respective owners, generally under license.
If you choose to communicate to SnapFashun suggestions for improvements to the Website or the SnapFashun Software (collectively, “Feedback”), SnapFashun shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to SnapFashun and waive in favor of SnapFashun, its successor and assigns all your moral rights in the Feedback, and agree to provide SnapFashun such assistance as SnapFashun may require to document, perfect, and maintain SnapFashun’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to SnapFashun, you are not entitled to any compensation or reimbursement of any kind from SnapFashun under any circumstances.
When you use the Plug-in, you are subject to the Plug-in EULA, which contains additional intellectual property provisions.
When you have purchased a Recurring License for use of the Plug-in, you are purchasing a non-transferable license to the use the Sketches in the libraries as per the permitted uses of this paragraph. Sketches may be used for education, journalistic, or research purposes. Sketches may be used within the Plug-in or other software to design fashion products. If you require uses other than as described in this paragraph, please contact us. Sketches included in the Plug-in are only to be used by the Client who made the purchase of a Recurring License, and may not be transferred to any third party.
Interruption of Service
From time to time, the Website may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, SnapFashun shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.
Termination of the Website
You agree that SnapFashun, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, for any reason, including, without limitation, if SnapFashun believes that you have acted inconsistently with the letter or spirit of the TOU.
SnapFashun may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. Furthermore, you agree that the SnapFashun shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from SnapFashun’s termination of the Website or any part thereof.
All provisions of these TOU which by their nature should survive termination of the Website, shall survive termination of the Website, including without limitation, intellectual property ownership provisions, disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
You expressly understand and agree that your use of the Website, the information thereon (whether provided by SnapFashun or third parties), or any activity arising from the use of the Website or the information thereon or the materials downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (financial or otherwise) resulting from your use of the Website, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Website, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Website, written or produced by SnapFashun staff, freelance writers or other subcontractors (whether paid or voluntary) are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and SnapFashun shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Website.
SnapFashun expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties that the Website, the information thereon or any materials downloaded therefrom, and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose. SnapFashun, and its directors, employees, agents, suppliers, partners and subcontractors (whether paid or voluntary) do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (including Sketches) or software available at or through the Website is free of viruses or other harmful components; or (iv) the results of using the Website or any content downloaded therefrom will meet your requirements.
Limitation Of Liability
You expressly understand and agree that SnapFashun and / or its partners shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Website, the information on the Website, the use of the Website, activities arising from your use of the Website, products purchased on the Website, or any third party materials on the Website. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by SnapFashun, its affiliates, business partners, agents or other subcontractors (whether paid or voluntary); any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
Indemnity
Notwithstanding any other term of the TOU or any act or failure to act by SnapFashun or its agents or subcontractors (whether paid or voluntary), you agree to indemnify, defend and hold harmless SnapFashun and its officers, directors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors, assigns and subcontractors where applicable (whether paid or voluntary) from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information thereon or products downloaded therefrom; (ii) your participation in any activities arising from the Website or the information thereon or products downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU; or (iv) your violation of any rights of a third party.
Governing Laws and Jurisdiction
Use of the Website shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and SnapFashun shall be brought exclusively in the courts located in the judicial district of Montreal, Quebec, Canada. Where you have purchased a Recurring License through Avangate, the governing laws and jurisdiction of the Avangate Terms shall apply with respect to your purchase.
Miscellaneous Provisions
(i) The TOU, in conjunction with the Privacy Policy and the Avangate Terms and Avangate Privacy Policy (as applicable), constitute the entire agreement between you and SnapFashun with respect to your use of the Website, superseding any prior agreements between you and SnapFashun.
(ii) SnapFashun shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond SnapFashun’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
(iii) If any provision of the TOU or Privacy Policy or the Avangate Terms and Avangate Privacy Policy (as applicable) is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU, Privacy Policy, or the Avangate Terms and Avangate Privacy Policy (as applicable), as the case may be, shall remain in full force and effect.
(iv) In the event of the termination of the present TOU (as described in the TOU or for any other reason), all provisions of the TOU which by their nature should survive termination, shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
(v) The parties acknowledge having expressly required that the TOU, the Privacy Policy and the Avangate Terms and Avangate Privacy Policy (as applicable) are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité, ainsi que les Conditions d’utilisation et Politique de confidentialité d’Avangate (le cas échéant) soient rédigées en anglais. Any other language versions of the TOU, the Privacy Policy and the Avangate Terms and Avangate Privacy Policy (as applicable) are provided for information purposes and convenience only and may not be 100% accurate. In case of discrepancy between the English and any other language version of a document, you agree that the English language version shall be the controlling version.
(vi) The section titles in the TOU, Privacy Policy and the Avangate Terms and Avangate Privacy Policy (as applicable) are for convenience only and have no legal or contractual effect.
© SnapFashun 2016
