TERMS AND CONDITIONS FOR SNAPPGEAR
Please read these terms and conditions very carefully. These Terms and Conditions apply to your access and use of all the services made available online, on any website, mobile application or other online or mobile product or service (hereafter collectively referred to as “the Services”) of SNAPPGEAR BVBA (hereafter “SNAPPGEAR”, “we” or “us”). By accessing, using and browsing the Website, the Services and/or by completing a booking, you acknowledge and agree to have read, understood and agreed to the Terms and Conditions set out below (including our Privacy Statement). When using and browsing the Website, Services and/or by completing a booking, you represent and warrant that you have the full power and authority to enter into and perform under these Terms and Conditions.
Failure to use our website in accordance with these Terms and Conditions may result in, among other things, termination or suspension of your rights to use the Website or the Services and may subject you to legal action by SNAPPGEAR.
SNAPPGEAR has the right to make changes or modifications to these Terms and Conditions, including the applicable Fees, at any time and in our sole discretion. If SNAPPGEAR makes changes to these Terms and Conditions, we will provide notice of these changes. If you continue to use our Services following the posting of changes or modification, you agree and accept these changes or modifications of these Terms and Conditions. If you do not agree with the modified Terms and Conditions, your only recourse is to cease using the Website or the Services. Therefore, it is important that you frequently review these Terms and Conditions in order to understand these Terms and Conditions that apply to your use of the Website or the Services. If you want to know how SNAPPGEAR collects, uses and discloses information about our Members, we refer to our Privacy Statement. You can contact us with any questions regarding these Terms and Conditions. You can contact us by mail at BELGIUM, 3920 LOMMEL, Rietkolk 56 or by e-mail at email@example.com.
Article 1. DEFINITIONS
Booking Acceptance Timeframe means the time period starting from the moment when a booking is requested by a Renter (as determined by SNAPPGEAR in its own discretion) within which a Gear Owner can decide whether to accept or reject that booking request, as stated on the Website or Services. It is possible that different Booking Acceptance Timeframes apply in different places.
Renter means a Member who requests from a Gear Owner a booking of Entertainment Gear through the Services or a Member who rents Entertainment Gear and is not the Gear Owner for such Gear or a person who is not a Member but who rents Entertainment Gear, whether or not together with the Member who requested the booking of such Gear, and is not the Gear Owner for such Gear.
SnappGear Service Fee means the fee that SNAPPGEAR charges a Renter for the use of its online platform, which is calculated as a percentage of the applicable Gear Rental Fees. The SnappGear Service Fee will be displayed to the Renter when the Renter is asked whether to send a booking request to a Gear Owner.
SNAPPGEAR means the Private Limited Company SNAPPGEAR BVBA with corporate number (KBO number) 0644.820.960 and located at 3920 LOMMEL (BELGIUM).
SNAPPGEAR Account means the account a person needs to create in order to become a Member.
SNAPPGEAR Content means all Content that SNAPPGEAR makes available through the Services, including any Content licensed from a third party, but excluding Member Content.
Entertainment Gear means Gear that is listed by a Gear Owner through the Services as available for usage and/or rental.
Gear Fees means the amounts that are payable by a Renter in exchange for renting that Entertainment Gear. Only the Gear Owners, and not SNAPPGEAR, determine these amounts. The Gear Owner has the right to include in these amounts (i) any fee permitted on the SNAPPGEAR Website or Services, or (ii) taxes that the Gear Owner determines that he or she has to collect.
Collective Content means Member Content and SNAPPGEAR Content.
Content means text, graphics, images, music, software, audio, video, information or other materials.
Gear Owner means a Member who creates Entertainment Gear through the website and/or the Services.
Listing means Entertainment Gear which is listed by a Gear Owner as available for rental through the Website and Services.
Member means a person who completes the SNAPPGEAR Account registration process, including but limited to Gear Owners and Renters, as described under “Account Registration” below.
Member Content means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the website and/or the Services.
Services means the services made available online on any website, mobile application or other online or mobile product or service of SNAPPGEAR BVBA which give Members the possibility to rent their Entertainment Gear or to make a booking for such Gear
Total Fees means collectively the SnappGear Service Fee and the Gear Fees (plus any taxes in respect of SnappGear Service Fees, such as VAT in Europe).
User means visitor to the Website or Services.
Website means the website www.snappgear.com and any other website or mobile application through which SNAPPGEAR makes the Services available.
Article 2. SCOPE OF SERVICES
1. Through the Website or the Services SNAPPGEAR provides an online platform or marketplace that connects Gear Owners who have Entertainment Gear to advertise with Renters seeking to use and/or rent such Entertainment Gear. The Services can be used to facilitate the listing and booking of Entertainment Gear. It is possible to view Entertainment Gear as an unregistered visitor to the Website. If you want to book Entertainment Gear or create Entertainment Gear, however, you first have to register to create a SNAPPGEAR Account and become a Member.
2. SNAPPGEAR will never be a party to any agreements entered into between a Gear Owner and a Renter. Members understand and agree that SNAPPGEAR does not act as an insurer, a contracting agent or an intermediary. SNAPPGEAR is not an owner, operator or provider of any Entertainment Gear. SNAPPGEAR has no control over the conducts of Gear Owners, Renters and other Members.
3. SNAPPGEAR cannot and does not control the Content contained regarding any Entertainment Gear or Listing and the condition, legality or suitability of any Entertainment Gear. All the Content which is disclosed concerning and regarding Entertainment Gear through the Website is based on the information and Content provided by the Gear Owners. Although we will use reasonable skill and care in performing our Services, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Services and/or Website), inaccurate, misleading or untrue Content or non-delivery of Content concerning and regarding Entertainment Gear. Each Gear Owner remains solely responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed through the Website.
4. The Members have sole responsibility when interacting with other Members. The Services merely provided an online platform or marketplace that connects Gear Owners who have Entertainment Gear to advertise with Renters seeking to use and/or rent such Entertainment Gear. SNAPPGEAR is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between Members or between Members and third parties. SNAPPGEAR has the right, but has no obligation, to monitor interactions between Members.
5. Unless explicitly specified otherwise, SNAPPGEAR’s responsibilities are limited to (i) facilitating the availability of the Website and/or the Services; and (ii) serving as the limited agent of each Gear Owner for the purpose of accepting payments from Renters on behalf of the Gear Owners.
Article 3. COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS AND AGREEMENTS WITH THIRD PARTIES
1. As a Gear Owner, you are strictly advised to review the local laws and regulations before listing Entertainment Gear through the Website or the Services.
2. Any Gear Owner represents and warrant that any Entertainment Gear, and the booking of, or a Renter’s rent of Entertainment Gear the Gear Owner creates (a) will not breach any agreement you have entered into with any third parties, for example such as lease or rental agreements, and (b) will (i) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Entertainment Gear you post (including having all required permits, licenses and registrations), and (ii) not conflict with the rights of third parties.
3. By using and browsing the Website or the Services you represent and warrant that you will not use the Services if the laws of your country prohibit you from doing so in accordance with these Terms and Conditions.
4. It is the sole responsibility of the Gear Owners to comply with all the applicable laws, regulations and agreements entered into with third parties. SNAPPGEAR does not assume any responsibility for a Gear Owner’s compliance with any agreement with or duties to third parties, applicable laws and regulations.
Article 4. REGISTRATION AND ACCOUNT
1. The Services and the Website are solely intended for persons who are 18 or older. By registering to use our Services, you represent that you are at least 18 years old.
2. In order to access certain features of the Website and to book Entertainment Gear or create Entertainment Gear, you must register to create a SNAPPGEAR Account and become a Member. You can register to join the Services using either your email address or your login credentials from a third-party social media site.
3. If you register with your email address, you agree to use a unique password that you do not use with any other online product or service. You may not have more than one (1) active SNAPPGEAR Account. SNAPPGEAR reserves the right to suspend or terminate your SNAPPGEAR Account and your access to the Website or Services if you create more than one (1) SNAPPGEAR Account.
4. Registering with your login credentials from a third-party social media site is possible via the Website, by either (a) providing your login credentials from the third-party social media site to SNAPPGEAR through the Website or Services; or (ii) allowing SNAPPGEAR to access your account with the third-party social media site, as permitted under the applicable terms and conditions that govern your use of the account of the third-party social media site. You represent and warrant that you are entitled to disclose your login credentials of the third-party social media site to SNAPPGEAR and/or grant SNAPPGEAR access to your login credentials of the third-party social media site, without breach by you of any of the terms and conditions that govern your use of the applicable third-party social media site and without obligation SNAPPGEAR to pay any fees or making SNAPPGEAR subject to any usage limitations imposed by these third-party service providers.
5. By registering for an account, you agree to (a) provide accurate, truthful, current and complete information; (b) maintain and promptly update your account information upon any changes; (c) maintain the security of your account by protecting your password and restricting access to your account; (d) promptly notify SNAPPGEAR if you discover or otherwise suspect any security breaches related to the Services and/or Website; (e) take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access. SNAPPGEAR reserves the right to suspend or terminate your SNAPPGEAR Account if any information provided during the registration process or thereafter proves to be inaccurate, false, not current or incomplete.
Article 5. CREATION OF AN ENTERTAINMENT GEAR LISTING
1. Members are allowed to create Entertainment Gear Listings. These Listings will be made publicly available through the Website and Services. Other Members can book your Entertainment Gear through the Website and Services based upon the information about your Entertainment Gear in the Listing. You acknowledge and agree that once a Member requests a booking of your Entertainment Gear, you are not allowed to ask the Member to pay a higher price than in the booking request.
2. In order to create an Entertainment Gear Listing, you have to answer a variety of questions about the Entertainment Gear, including, but not limited to, the location, capacity, size, features, availability of the Entertainment Gear, pricing and related rules and financial terms. It is necessary that all Entertainment Gear have valid physical pick-up addresses.
3. You understand and agree that you are solely responsible for any and all Entertainment Gear Listings you create and post. Therefore, you represent and warrant that any Entertainment Gear Listing you post and the booking of, or renting through SNAPPGEAR, Entertainment Gear:
(1) will not breach any agreements you have entered into with any third parties, for example such as lease or rental agreements; (2) will be in compliance with all applicable laws, tax requirements and rules and regulations that may apply to any Entertainment Gear you post; (3) will not conflict with the rights of third parties.
4. SNAPPGEAR assumes no responsibility for a Gear Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations.
5. SNAPPGEAR has the right, at any time and without prior notice, to remove or disable access to any Entertainment Gear Listing for any reason, including Entertainment Gear Listings that SNAPPGEAR, in its own discretion, considers to be objectionable for any reason, in violation with these Terms and Conditions or otherwise harmful to the Website or Services.
6. SNAPPGEAR strongly recommends that Gear Owners obtain appropriate insurance for their Entertainment Gear. We suggest that you review any insurance policy that you may have for your Entertainment Gear carefully, and in particular that you make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, without limitation to, whether or not your insurance policy will cover the actions, inactions or omissions of Renters while they rent your Entertainment Gear.
Article 6. FINANCIAL CONDITIONS FOR GEAR OWNERS AND APPOINTMENT OF SNAPPGEAR AS A LIMITED PAYMENT COLLECTION AGENT FOR GEAR OWNERS
1. If you are a Gear Owner and a booking is requested for your Entertainment Gear via the Website or Services, it is necessary that you either confirm or reject the booking within the Booking Acceptance Timeframe. If you fail to do so, the booking request will be automatically cancelled. When a booking is requested via the Website or Services, we will share with you:
(1) the first and last name of the Renter who has requested the booking; (2) a link to the Renter’s SNAPPGEAR Account; (3) the names of any members of a third-party social media site whom you are “friends” or associated on the third-party social media site if such individuals are also “friends” or associated with the Renter on such third-party social media site; (4) an indication that the name that the Renter provided to SNAPPGEAR when the Renter became a Member matches the name that the Renter provided to the third-party social media sites to which the Renter has linked his or her SNAPPGEAR Account.
If you do not confirm or reject a booking request before the Booking Acceptance Timeframe, all amounts collected by SNAPPGEAR for the requested booking will be refunded to the applicable Renter’s credit card and any pre-authorization of such credit cards will be released. In case that you confirm a booking requested by a Renter, SNAPPGEAR will send you an email, text message or message via the Website or Services depending on the selections you make via the Website or Services.
2. SNAPPGEAR will collect the Total Fees at the time of booking confirmation (i.e. when the Gear Owner confirms the booking request) and will initiate payment of the Entertainment Gear Fees to the Gear Owner within 24 hours of when the Renter picks up the Entertainment Gear or when the Gear Owner delivers the Entertainment Gear to the Renter. The time it takes for the Gear Owner to receive the payments depends upon the method for receiving payouts as chosen by the Gear Owner. There are methods that involve the use of third-party payment processors, who can impose their own additional charges for the use of their services on the Gear Owner, including by deducting these charges from the payout amount.
3. If you owe any amount to SNAPPGEAR, then SNAPPGEAR is allowed, but not obliged to, withhold the amount owing to SNAPPGEAR from any payout amounts due to you as a Gear Owner, and use the withheld amount to settle the amount owed by you to SNAPPGEAR. If SNAPPGEAR does so, then your obligation to pay SNAPPGEAR will be extinguished to the extent of the amount withheld by SNAPPGEAR and SNAPPGEAR will cease to owe you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
4. Each Gear Owner appoints SNAPPGEAR as the Gear Owner’s limited payment collection agent solely for the purpose of accepting the Entertainment Gear Fees from Renters.
As a Gear Owner you acknowledge and agree that payment made by a Renter through the Website or Services, shall be considered to be a payment made directly to the Gear Owner, and the Gear Owner will make the Entertainment Gear available to the Renter in the manner as agreed upon as if the Gear Owner has received the Entertainment Gear Fees. Each Gear Owner agrees that SNAPPGEAR is allowed to (i) permit the Renter to cancel the booking and (ii) refund to the Renter the Entertainment Gear Fees, or a part of the Entertainment Gear Fees.
SNAPPGEAR cannot and does not guarantee payments to Gear Owners for amounts that have not been successfully received by SNAPPGEAR from Renters.
In accepting SNAPPGEAR as the limited authorized agent of the Gear Owner, SNAPPGEAR assumes no liability for any acts or omissions of the Gear Owner.
5. Currently SNAPPGEAR does not charge any service fee for the Gear Owners or for the creation of Entertainment Gear. However, as a Gear Owner you understand and agree that SNAPPGEAR reserves the right to charge you for and collect fees from you for the Services rendered to you as a Gear Owner. Please note that SNAPPGEAR will provide notice of any Gear Owner service fee or any Entertainment Gear creation fee through the Site or Services, prior to implementing such a Gear Owner service fee or such Entertainment Gear creation fee.
Article 7. FINANCIAL TERMS FOR RENTERS
1. If you, as a Renter, decide to make a transaction with a Gear Owner for the booking of Entertainment Gear, you agree and understand that you will be required to enter into an agreement with the Gear Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Entertainment Gear imposed by the Gear Owner. You acknowledge and agree that solely you, and not SNAPPGEAR, is responsible for performing the obligations of any such agreements, that SNAPPGEAR is not a party to such agreements, and that, with the exception of its payment obligations hereunder, SNAPPGEAR disclaims all liability arising from or related to any such agreements. As a Renter, you acknowledge and agree that, notwithstanding the fact that SNAPPGEAR is not a party any agreements between you and the Gear Owner, SNAPPGEAR acts as the Gear Owner’s payment agent for the limited purpose of accepting payments from you on behalf of the Gear Owner. Upon your payment of amounts to SNAPPGEAR which are due to the Gear Owner, your payment obligation to the Gear Owner for such amounts is extinguished, and SNAPPGEAR is responsible for remitting such amounts, less SNAPPGEAR’s fees and commissions, to the Gear Owner. In the event that SNAPPGEAR does not remit any such amounts to a Gear Owner, such Gear Owner will have recourse only against SNAPPGEAR.
2. The Total Fees payable will be displayed to a Renter before the Renter sends a booking request to a Gear Owner.
3. You, as a Renter, agree to pay SNAPPGEAR for the Total Fees for any booking requested in connection with your SNAPPGEAR Account if such requested bookings are confirmed by the applicable Gear Owner. In order to establish a booking pending the applicable Gear Owner’s confirmation of your requested booking, you agree that SNAPPGEAR, on behalf of the Gear Owner, reserve the right, in its sole discretion to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one EURO (€1), or a similar sum in the currency in which you are transacting, to verify your credit card. Once SNAPPGEAR receives confirmation of your booking from the applicable Gear Owner, SNAPPGEAR will collect the Total Fees in accordance with these Terms and Conditions and the pricing terms set forth by the Gear Owner for the applicable Entertainment Gear. Please note that SNAPPGEAR cannot and does not control any fees that may be charged to a Renter by his or her bank related to SNAPPGEAR’s collection of the Total Fees, and SNAPPGEAR disclaims all liability in this regard.
Given the fact that the Gear Owner is required to either confirm or reject the booking request within the Booking Acceptance Timeframe, any amounts collected by SNAPPGEAR will be refunded to the Renter, depending on the selections the Renter makes via the Website or Services and any pre-authorization of such Renter’s credit card will be released, in case a requested booking is cancelled (i.e. not confirmed by the applicable Gear Owner).
4. For billing purposes, when requesting a booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to SNAPPGEAR or its third-party payment processor(s). You agree to pay SNAPPGEAR for any confirmed booking with your SNAPPGEAR Account in accordance with these Terms and Conditions by one of the methods described on the Website or Services, e.g. by PayPal or credit card. You authorize hereby the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by SNAPPGEAR or indirectly, through a third-party online payment processor or by one of the payment methods described on the Website or Services.
6. Once your confirmed booking transaction is complete, you will receive a conformation email summarizing your confirmed booking.
Article 8. CANCELLATIONS AND REFUNDS
1. As a Renter you can cancel a requested booking before the requested booking is confirmed by a Gear Owner. In this event, SNAPPGEAR shall cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. The Renter Service Fee is non-refundable.
2. As a Renter you can cancel a confirmed booking made through the Website and Services, if the cancellation is made a full 24 hours prior to the day of pick-up or delivery of the Entertainment Gear. SNAPPGEAR will refund the Entertainment Gear Fees and other amounts charged to you within a commercially reasonable time. The Renter Service Fee is non-refundable.
3. If a Gear Owner cancels a confirmed booking made via the Website and Services, SNAPPGEAR will refund the Entertainment Gear Fees for such booking to the applicable Renter within a commercially reasonable time of the cancellation.
4. If, as a Gear Owner, you cancel a confirmed booking, SNAPPGEAR can apply penalties or consequences to you or your Entertainment Gear, including (i) publishing an automated review about your Entertainment Gear, (ii) keeping the calendar for your Entertainment Gear unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts).
5. In certain circumstances, SNAPPGEAR may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made through the Website or Service. In such an event SNAPPGEAR will refund the Total Fees to the Renter within a commercially reasonable time.
Article 9. PAYMENT PROCESSING ERRORS
1. SNAPPGEAR will take steps to rectify any payment processing errors that we become aware of. These steps can include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving the correct amount.
Article 10. MEMBERS CONDUCT RULES
1. By accessing the Website or using the Services, you agree to act responsibly, exercise good judgment and comply with any applicable laws, rules, regulations, tax obligations and agreements entered into with third parties.
2. When accessing the Website or using the Services you may not and you agree that you will not:
(1) use the Website or the Services in violation of any applicable law, regulation, order of a court, including, without limitation, zoning restrictions and tax regulations; (2) use the Website or the Services in order to promote or encourage any illegal activity; (3) use the Website, Services or Collective Content for any other purposes that are not expressly permitted by these Terms and Conditions; (4) infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights; (5) use the Website or the Services in any matter that could interfere with, disrupt, negatively affect or inhibit other Members from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner; (6) use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Website, Services or Collective Content; (7) copy, store or otherwise access any information contained on the Website, Services or Collective Content for purposes not expressly permitted by these Terms and Conditions; (8) interfere with or damage our Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (9) use the Website or the Services in connection with the distribution of spam (unsolicited commercial email or advertisements unrelated to staying in Entertainment Gear) or any other unsolicited messages of, religious, romantic, political or other nature not within the intended purposes of the Services; (10) stalk, harass or cause discomfort to any other User of our Website, Services or Collective Content, or collect, store, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card our account numbers; (11) register for more than one (1) SNAPPGEAR Account or register for an SNAPPGEAR Account on behalf of a third party; (12) as a Gear Owner, offer any Entertainment Gear that you do not yourself own or have permission to rent or make available to third parties (this also means that you cannot list Entertainment Gear as a Gear Owner in the capacity of a rental agent or listing agent for a third party); (13) as a Gear Owner, offer any Entertainment Gear that cannot be rented or sub-leased pursuant to the terms and conditions of an agreement with a third party, including without limitation, gear rental agreements; (14) as a Gear Owner, submit any Entertainment Gear with false or misleading price information, or use a price which you do not intend to honour; (15) unless SNAPPGEAR explicitly permits otherwise request or book Entertainment Gear if you will not actually be using the Entertainment Gear yourself; (16) recruit or otherwise solicit any Gear Owner or other Member to join third-party services or websites that are competitive to SNAPPGEAR, without SNAPPGEAR’s written approval; (17) use the Website, Services or Collective Content to find a Gear Owner, Entertainment Gear or a Renter and then make a booking of Entertainment Gear without use of the Website or the Services, in order to bypass the SNAPPGEAR booking system and the obligation to pay any booking fee or other fee related to SNAPPGEAR’s provision of the Services or for any other reasons; (18) retrieve or collect data or other content from our Website or Services in order to create or compile a collection, compilation, database or the like, whether manually or automatically; (19) use the Website, Services, Collective Content or any individual element within the Website, Services or Collective Content, SNAPPGEAR’s name, any SNAPPGEAR trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Website or Services without SNAPPGEAR’s explicit written consent; (20) assist, advocate or encourage any third party in doing any of the foregoing.
This summary is non-exhaustive.
3. All actions of the Users are in compliance with any relevant applicable laws, rules, regulations and agreements entered into with third parties.
4. SNAPPGEAR has the right, but in no way whatsoever the obligation, to investigate and prosecute violations of any of the above to the fullest extent of the law.
Article 11. MEMBER CONTENT
1. You own all of the Member Content that you post on our Website or Services. If you post Member Content on our Website or Services, you agree and acknowledge to grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and fully sub-licensable license to use, reproduce, display, perform, adapt, modify, create derivative works from, distribute, have distributed and promote such Member Content in any form, in all media now known or hereinafter created (including in emails or other communications to our Members) to administer, operate, develop and otherwise provide the Website or Services.
2. You are solely responsible for any Member Content that you post or make available through the Website or Services. You represent and warrant that
(1) you own and control all of the rights to the Member Content that you post or make available through the Website or Services or you otherwise have the right to post or make available such Member Content through our Website or Services; (2) the Member Content is accurate, correct, complete and not misleading; (3) the use and posting of the Member Content you supply does not violate or infringe these Terms and Conditions, any third party’s rights, such as patents, copyrights, trademarks, trade secrets, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or any applicable laws, rules or regulation.
3. When posting or making available Member Content, you acknowledge and agree that you do not post or make available Member Content on our Website or Services that we believe, in our sole discretion:
(1) infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (2) is unlawful, libelous, defamatory, harassing, threatening, obscene, pornographic, vulgar, offensive or that would otherwise create liability or violate any applicable laws, rules or regulations; (3) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (4) may disparage any ethnic, racial, sexual or religious group by stereo-typical depiction or is otherwise abusive or inflammatory; (5) is violent or threatening or promotes violence or actions that are threatening to any other person; (6) promotes illegal, harmful or illicit activities or substances; (7) contains private or personal information about another person, unless such person has explicitly agreed to the disclosure of this information; (8) contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent.
4. SNAPPGEAR is not responsible for any Member Content that you or other Members post or make available through our Website or Services. SNAPPGEAR does not have any obligation to post Member Content from you or anyone else and SNAPPGEAR may edit, remove or delete any Member Content without notice.
5. If you become aware of Member Content that violates these Terms and Conditions, you may notify us of such content by using the reporting tools provided on our Services. Enforcement of these Terms and Conditions, however, is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Terms and Conditions in other instances.
6. SNAPPGEAR has the right, but no obligation whatsoever, to investigate and prosecute violations of any of the above to the fullest extent of the law.
Article 12. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE
1. Unless stated otherwise, the software required for the Website or the Services and the intellectual property rights (including the copyrights) of the Collective Content, of the information and material on the Website and the Services are owned by SNAPPGEAR, its suppliers or providers.
2. Unless stated otherwise, the Website, Services and all Content on the Website or Services, including, but not limited to, the SNAPPGEAR logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof are the proprietary property of SNAPPGEAR, its suppliers, providers or licensors.
3. You are granted a limited, non-exclusive and non-sub-licensable license to access and use the Website, Services and Collective Content, solely for your personal and non-commercial purposes. However, such license is subject to these Terms and Conditions and does not include:
(1) any resale or commercial use of the Website, Services or Collective Content; (2) the distribution, public performance or public display of the Website, Services or Collective Content; (3) modifying or otherwise making any derivate uses of the Website, Services and Collective Content, or any portion thereof, unless modification or derivative use is specifically permitted under applicable law or provided for under separate terms; (4) use of any data mining, robots or similar data gathering or extraction methods; (5) any use of the Website, Services or Collective Content other than for their intended purposes; (6) removing, altering or obscuring any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, Services or SNAPPGEAR Content.
Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as granting or conferring any license to intellectual property rights.
This license is revocable at any time.
Article 13. OBLIGATIONS AND RIGHTS OF SNAPPGEAR
1. All our obligations are purely best effort obligations. We choose independently the means we deem necessary to provide the Services. All our services are provided on an “as is” and “as available” basis.
SNAPPGEAR makes no representations or warranties that:
(1) our services will meet your requirements; (2) our services will be uninterrupted, timely, secure or error-free; (3) any information that you may obtain through our Website, Services or Collective Content will be accurate or reliable; (4) the quality of any products, services, information or other material purchased or obtained by you through our Website, Services or Collective Content will meet your expectations; (5) any errors in any data or software will be corrected.
2. SNAPPGEAR has the right to modify, expand or terminate the Website and the Services.
3. SNAPPGEAR has the right to make changes or modifications to these Terms and Conditions, including the applicable Fees, at any time and in our sole discretion.
4. SNAPPGEAR has the right, but in no way any obligation whatsoever, to control the Members and the Member Content.
You understand and agree that we have the right to take any measures necessary if we believe that these Terms and Conditions are violated, and this in our sole discretion. For this matter we have the right to limit, suspend, deactivate or cancel our Services or your SNAPPGEAR Account, to decline your access or use of the Website or the Services, to delay the posting of Content or to remove any Content or to undertake any technical or legal measures necessary to refuse you of using the Website or the Services if we believe you are the cause or can be the cause of any liability or any violation of applicable laws, rules or regulations.
5. If you use the Website or the Services, you do so at your sole risk. You understand and agree that we do not have any obligation to conduct background checks on any Member, including without limitation to, Renters and Gear Owners. However, we do have the right to conduct such background checks in our own discretion.
6. SNAPPGEAR has the right, but no obligation whatsoever, to monitor communications or interactions between Members or Users of the Website or Services.
7. SNAPPGEAR reserves the right to sub-contract any part of any work or supply of any goods or services to third parties.
Article 14. COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND MEMBERS
1. You have sole responsibility for all your communications and interactions with other Users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or the Services, including without limitation to, any Gear Owners or Renters. SNAPPGEAR has the right to monitor communications and interactions between Members or Users of the Website or Services.
2. You understand and agree that SNAPPGEAR cannot and does not make any attempt to verify the statements of Users of the Website or Services or to review or visit any Entertainment Gear. SNAPPGEAR makes no representations or warranties as to the conduct of Users of the Website or Services or their compatibility with any current or future Users of the Site or Services.
You understand and agree that you have to take reasonable precautions in all communications and interactions with other Users of the Website or Services and with other persons with whom you communicate or interact as a result of your use of the Website or Services. Particularly, if you decide to meet offline or in person, you understand and agree that you have to take reasonable precautions, regardless of whether such meetings are organized by SNAPPGEAR. SNAPPGEAR explicitly disclaims all liability for any act or omission of any Renter or other third party.
Article 15. LIABILITY OF SNAPPGEAR
1. You understand and agree that, subject to applicable law, the entire risk arising out of your access to and use of the Website, the Services or Collective Content, your creation of Entertainment Gear or booking of Entertainment Gear through the Website or Services, or any communications or interactions you have with other Users whether in person or online remains with you.
2. Neither SNAPPGEAR nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or other third parties involved in creating, producing or making available the Website, Services or Collective Content will be liable for any special, indirect or consequential damages, including, but not limited to loss of use, loss of profits or loss of data, or for any damages for personal or bodily injury or emotional distress, whether in an action in contract, tort (including but not limited to negligence) or otherwise, even if we have been advised of the possibility of such damages, arising from or relating to (1) the use or inability to use our Website or Services; (2) the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our Website or Services; (3) disclosure of, unauthorized access to or alteration of your Content; (4) damages for loss or corruption of data or programs, service interruptions or procurement of substitute services, even if we know or have been advised of the possibility of such damages; (5) statements, conduct or omissions of any service providers or other third party on our services; (6) your or anyone else’s conduct or acts in connection with the use of the services; (7) any other matter arising from, relating to or connected with our Website or Services or these Terms and Conditions.
3. Subject to the limitations set out in these Terms and Conditions and to the extent permitted by law, SNAPPGEAR can only be held responsible for direct damages resulting from serious misconduct or fraud by SNAPPGEAR or any of its officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or other third parties involved in creating, producing or making available the Website, Services or Collective Content and in no event will the aggregate liability of SNAPPGEAR to you or any third party in any mater arising from or relating to our Website, Services or Collective Content or these Terms and Conditions exceed the sum of two hundred Euros (€ 100).
Article 16. INDEMNIFICATION
1. You agree that you shall defend, indemnify and hold harmless SNAPPGEAR and its affiliates and subsidiaries, and their officers, directors, employees and agents from and against any claim, liability, damage, demand, loss, action, cost or expense, including, but not limited to, reasonable legal and accounting fees, arising out of or in any way connected with (i) your use of the Website, the Services or Collective Content; (ii) your violations of these Terms and Conditions; (iii) your Member Content; your interaction with any Member or User; (iv) your booking of Entertainment Gear; (v) your creation of Entertainment Gear; (vi) the use, condition or rental of Entertainment Gear by you, including, without limitation to any losses, damages (compensatory, direct, incidental, consequential or otherwise) or injuries of any kind as a result of a rental, booking or use of Entertainment Gear.
Article 17. HYPERLINKS
1. You have a limited, non-exclusive right to create a text hyperlink to the Website or the Services, on the condition that such link will not portray SNAPPGEAR, the Website or the Services in a false, misleading, derogatory or otherwise defamatory manner and on the condition that the linking site does not contain any adult or illegal material or any material which is harassing, offensive or otherwise objectionable. This limited right can be revoked at any time. You are not allowed to use a SNAPPGEAR logo or other proprietary graphic of SNAPPGEAR to link to the Website or the Services without the express written consent of SNAPPGEAR. Further you are not allowed to use, frame or utilize framing techniques to enclose any SNAPPGEAR trademark, logo or other proprietary information, including the images found on the Website, Services, the content of any text or the layout/design of any page or form contained on a page of the Website or the Services without SNAPPGEAR’s explicit written consent. Except as stated above, you are not granted any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of SNAPPGEAR or any third party.
2. The Website or the Services can contain links to third-party websites or resources. You understand and agree that SNAPPGEAR cannot be held responsible or liable for (i) the availability or accuracy of such websites; (ii) the content, products or services on or available from such website or resources. Links to such websites or resources do not imply any endorsement by SNAPPGEAR of such websites or resources or the content, products, or services available from such websites or resources. You understand and agree that you have sole responsibility for and assume all risks arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
Article 18. YOUR PRIVACY
Article 19. REPORTING MISCONDUCT
1. If you rent from or to anyone who you feel is acting or has acted inappropriately, including, without limitation to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to SNAPPGEAR by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Article 20. TERMINATION
1. You agree that SNAPPGEAR, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any Collective Content, for any reason, including, without limitation, for lack of use or if SNAPPGEAR believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities.
2. SNAPPGEAR may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms and Conditions may be effected without prior notice, and you acknowledge and agree that SNAPPGEAR may immediately deactivate or delete your account and all related information and files in your SNAPPGEAR Account and/or bar any further access to such files or the Services. Further, you agree that SNAPPGEAR will not be liable to you or any third party for any termination of your access to the Services.
Article 21. ENTIRE AGREEMENT
Article 22. APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION
1. These Terms and Conditions will be interpreted in accordance with the laws of Belgium, without regard to its conflict-of-law provisions.
2. The Courts and Tribunals located at Belgium, 3500 HASSELT are exclusively competent for any violation of or in according with these Terms and Conditions.
Article 23. CONTACTING SNAPPGEAR
1. Please contact us at email@example.com to report any violations of these Terms and Conditions or to pose any questions regarding these Terms and Conditions, the Website or the Services.