Term of Service
TERM OFSERVICE

A. General Terms

I. Confirmation and Acceptance

  1. Your Relationship With Us

    Snack Video applications and the related websites (“Snack Video”) are owned and operated by Symphony Tech Pte. Ltd. and its affiliates (collectively “we”, "us" or "Company"). We are registered in Singapore.

    You must carefully read this Terms of Service (the “Terms”) which forms an agreement between you and us and sets forth the terms and conditions by which you may access Snack Video  and any related service, whether in whole or in part provided by us (collectively, the “Service”). The Terms form a legally binding agreement between you and us.

    If you are using our Service on behalf of a business or entity, whether in part of in whole, then you agree, represent and warrant that (a) “you” and “your” includes you and business or entity that you represent, (b) you are duly authorized by such business or entity to agree on its behalf and bind such business or entity to these Terms; and (c) your business or entity is legally responsible for your use of our Services as well as for the use of your account by other individuals authorized by your business or entity, including without limitation, any authorized employees or officers.

  2. Accepting the Terms

    By accessing or using our Service, you confirm that you can form a binding contract with the Company, that you accept these Terms and that you agree to comply with them. Your access to and use of our Service is also subject to Snack Video  Privacy Policy accessible here (“Privacy Policy”). If you access or use the Service from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined below, and in the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction Specific that are relevant to your jurisdiction from which you access or use the Service, and the rest of these Terms, the relevant jurisdictions’ will supersede and control. If you do not agree to these Terms, you must not access or use the Service.

    If you click I Agree” button or actually use the Service, you are deemed to:

    • hereby represent and warrant that you are an individual lawfully able to be bound by these Terms, the Privacy Policy and other regulations and policies available (g. you have reached an age of capacity in your country of residence or if you are a person not capable to contract,your parent, representative or guardian shall agree to the terms); and
    • reach an agreement with us and accept all the provisions, contents hereunder, including these Terms and our Privacy Policy and other regulations and policies available, as modified and updated from time to time, on Snack Video ’s website at Snack Video .ai. Your use of our Service is conditional on your acceptance of these Terms and our Privacy Policy. You shall carefully read and fully understand the terms hereof, including the terms that exempt or may restrict Company’s liabilities and/or

    If you do not agree with or accept the Terms, you can choose not to use the Service. You will be deemed to accept the Terms and agree to be bound by the terms hereunder if you use the Service.

  3. Changes to the Terms

    In order to provide a better Service, we will amend and/or update the Terms from time to time or when there are regulatory changes. We will use our commercially reasonable endeavors, but do not guarantee, to notify you of any material changes to the Terms. The updated Terms shall become effective and replace the original Terms at the time of posting online. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. You shall review the Terms regularly to check for such changes or agree to our updated terms via clicking in-app notice, push messages or emails. If you do not agree with or accept the updated Terms, you can choose not to use the Service. You will be deemed to accept the updated Terms if you continue to use the Service.

II.    Account Registration and Use

  1. Your Qualifications

    If you are under the age of 18 (or the relevant age in your jurisdiction where you are considered person with limited capacity for conduct), your parent, representative or guardian shall agree to the Terms (both for themselves and on your behalf) before you can use the Service. We’ve established certain controls to implement the age requirements. However, if your child is using the Service and is below 18 years of age and does not have your permission, please contact us immediately, so that we can disable his or her access. Where consent is required under such applicable laws, you have the obligation to provide to us evidence of such consent or, as required under applicable laws, the authorization of the holder of parental responsibility for the child. We may refuse to process, or continue to process, the child’s personal information until we receive this evidence of consent or authorization.

  2. Account Registration

    When you fill in information, you shall read and agree to the Terms and complete all the registration procedures according to the instructions on the registration page, you will obtain an account of Snack Video  (“Account”) and become a User of the Service (“User”). You can log into Snack Video  through the Snack Video  username and the password created by you.

    By creating an Account, you undertake to and shall provide true, accurate, current, and complete information as we request. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

  3. Account Safety and Management

    It is important that you keep your Account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your Account, you must promptly notify us at support-feedback@snackvideo.com. You agree that you are solely responsible (to us and to others) for the activity that occurs under your Account.

    We remind you that you must abide by applicable laws and regulations when you are using the Service, and you shall indemnify us, our affiliates, officers, agents, and employees against any and all losses arising out of, in connection with and/or relating to your violation of such laws.

    Your Account should be created and kept by yourself or a person authorized to keep the account on your behalf and you are advised to take care of your Account, and ensure to log out appropriately. Your Account can only be used by yourself and you may not lend, give away or rent the Account or transfer, sell or share the Account in violation of the prescribed procedures. You shall notify us immediately when your Account is used without authorization. Otherwise, the unauthorized use will be treated as the act of you who shall be solely liable for the losses and consequences arising therefrom. You shall be liable for the consequences of all the acts including but not limited to online signature of various agreements, release of information, purchase of commodities and services as well as disclosure of information under the Terms. If the use of your Account is deemed to threaten the safety of the Account and the safety of the information on Snack Video , at Company’s discretion, we have the right to suspend, block the Account and/or stop providing the Service.

    If your Account has not been used for more than 6 months, we reserve and you agree that we have the right to suspend, close, retrieve or replace the Account, delete or de-identify all records (including but not limited to registration information, virtual gifts, etc.) of the Account from Snack Video  platform database or take other cleanup measures. Accordingly, the Account cannot be logged in to any of Snack Video  platforms and corresponding services are also terminated, and your related information may have been blocked or deleted. Snack Video  will notify you in ways including, but not limited to, popup windows, website announcements, site notices and client notifications before removing such Accounts.

  4. Account Suspension and Termination

    We may immediately and at any time, without notice terminate these Terms with you and your Account if in our reasonable opinion (i) you have failed to comply with any of the provisions of these Terms or other related documents, (ii) you have violated applicable laws, regulations or third party rights, or (iii) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Company, Users, or third parties (for example in the case of fraudulent behavior of a User).

    If your Account is suspected to be involved in illegal or improper activities, you shall cooperate with the relevant personnel designated by us to solve the issue. You acknowledge that we may use monitoring data in accordance with our Privacy Policy as the basis for determining whether your account has been hacked, or whether any other improper or illegal acts exist, unless you are able to overturn such monitoring data by providing sufficient evidence acceptable to us. For clarity, monitoring data does not include any content of your communications. You further acknowledge and agree that, if we determine that your account is involved in any improper or illegal acts, we have the right to suspend or terminate your access to the Account and take remedial measures. You also acknowledge and agree that we are not obligated to provide you with evidence relating to the suspected improper or illegal acts of your account.

    You shall not use the Service to conduct money laundering or terrorist activities in any way, shape or form. Company also has the right to cooperate with competent authorities by means of including, but not limited to, conducting investigation and evidence collection of such money laundering activities by providing the identity information and the transaction records of such associated Account.

  5. Account deactivation

    You can deactivate your Account by notifying and asking us to take measures to suspend the login and use of your Account, you shall provide valid personal identity information that is consistent with the registered identity information. Otherwise, we have the right to refuse your foregoing request. We will take measures promptly to suspend the login and use of your Account if the valid personal identity information provided by you is verified to be consistent with the registered identity information.

  6. Termination of Service

    Please note that regardless of any notice, we reserve the right to discontinue the Service or to terminate or suspend your Account in our sole discretion, for any reason.

    We may terminate the Service permanently.

    • We may end the Service and access to the Service permanently for all Users. You understand and agree that we will not assume any obligations to you with respect to the Service for such permanent termination.
    • You understand and agree that the Service and/or any items which are stated to be “permanent” or its equivalent shall be interpreted as a time period until the date announced by us when the Service will be terminated permanently.

    Termination of your Account also entails the termination of your access to the Service.

     

III.     Instructions of Conduct

  1. Reasonable Use

    We expect that users will use the Service reasonably. If any User’s use of the Service exceeds reasonable and normal standards, we may monitor the usage of such User. If we identify any violating, abnormal or unreasonable use (at our sole discretion), we have the right to take corresponding measures, including without limitation, restricting, suspending or terminating such User’s access to the Service, in part or in whole.

    You must comply with all applicable laws, rules and regulations when using the Service. You shall not use Snack Video to upload, download, send or transmit sensitive information and information in violation of applicable laws and regulations, and you agree not to engage in any of the following prohibited activities when using Snack Video, or allow any person to use your access to Snack Video to do the following. If you are aware of any unlawful use of your account or any Account security issues, please notify us immediately.

    You may not take any actions that:

    • oppose the basic principles defined by the constitution or similar laws of your jurisdiction;
    • endanger national security, divulge state secret, subvert state power, and undermine national unity;
    • harm national honor and interests;
    • incite ethnic hatred or ethnic discrimination and undermine ethnic solidarity;
    • undermine national religious policies and promote cults and superstitions;
    • spread rumor, disturbing social order and undermine social stability;
    • spread or otherwise justifying obscenity, eroticism, gambling, violence, homicide, body injury, terror, instigating the crime or encouraging to commit any of the above, or other actions that pose a threat to people’s lives or health, or violent or cruel actions towards people or animals; or
    • insult or slander other people and infringe other people's legal rights and interests.

    You also may not:

    • access or use the Service if you are not fully able and legally competent to agree to these Terms;
    • modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Service, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Service or any derivative works thereof;
    • distribute, license, transfer, or sell, in whole or in part, any of the Service or any derivative works thereof;
    • market, rent or lease Snack Video for a fee or charge, or use the Snack Video to advertise or perform any commercial solicitation;
    • interfere with or attempt to interfere with the proper working of the Service, disrupt our Snack Video or any networks connected to the Service, or bypass any measures we may use to prevent or restrict access to the Service;
    • incorporate the Service or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Service our sole discretion;
    • use automated scripts to collect information from or otherwise interact with the Service;
    • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from Snack Video;
    • intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • use or attempt to use another’s account, service or system without authorisation from us, or create a false identity on the Website; or
    • use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other users or writing or soliciting shill reviews.
  2. Prohibited Activities

    You shall understand and undertake not to or not to allow anyone else to engage in the following prohibited activities:

    • impersonate others or organizations, falsely claim to be connected with any one or entity, including setting false Account name or accessing the Account of another User, or maliciously use the registered Account to mislead other Users when registering an Account or using the Service including but not limited to uploading, publishing and transmitting information; use the live video service to transmit any information that is harassing, libelous, abusive, intimidating, vulgar or obscene, or any other illegitimate information;
    • use the Service for any unauthorized commercial or other purposes not expressly permitted by this Terms, including without limitation, spamming, upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertisements, publicity materials, promotional materials or any other commercial communications;
    • engage in any illegal or potentially illegal (at the discretion of Snack Video ) activities or transactions, including teaching people how to commit crimes, selling any illegal drugs, money laundering or defrauding;
    • provide any advices, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
    • use or exploit any of the Company’s intellectual property rights which shall be defined to mean to any and all trademarks, service marks, trade names, trade dress, works of authorship and art, copyrights and copyrightable materials (including without limitation, titles, computer code, designs, catch phrases, locations, and any related documentation), music, lyrics, domain names, ideas, logos, submissions, writings, concepts, themes, places, moral rights, rights of publicity, packaging, personality and privacy rights, utility models, other industrial or intangible property rights of a similar nature, and all other forms of intellectual property rights recognized by applicable laws, treaties, and conventions, and all inventions, software, technology that are patentable in such matter, including patents, utility models, know-how and trade secrets, all grants and registration worldwide in connection with the foregoing and all other rights with respect thereto existing other than pursuant to grant or registration, all applications for any such grant or registration, all rights of priority under international conventions to make such application and the right to control their prosecution, and all amendments, constitutions, divisions and continuations of such applications, and all corrections, reissues, patents of addition, extensions and renewals of any such grant, registration or right (collectively “Intellectual Property Rights’), or otherwise infringe on any of Company’s Intellectual Property Rights (including attempting to reverse engineer Company’s client or software used); imitate Snack Video appearance design and functions; access the Service and collect or process content made available through the Service by using any automatic program, software, engine, web crawler, web page analytics tool, data mining tool or similar tools; decompile, reverse compile or reverse engineer any of software used by the Service or seek to do any of the foregoing;
    • intentionally distribute materials containing viruses, network worms, Trojan horse viruses, corrupted files or other malicious codes or items that disturb, destroy or restrict the functions of computer software, hardware or communication devices, the Service, servers and networks connected with the Service;
    • create multiple Accounts for disruptive or abusive purposes, or maliciously upload large amounts of repetitive and invalid data and information;
    • engage in any actions undermining the fairness of Snack Video platform and/or Service or other actions disturbing the proper normal order of the application, such as disrupt our website or any networks connected to the Service, bypassing any measures we may use to prevent or restrict access to the Service, trading reviews with other Users or writing or soliciting fake reviews, proactive or passive score cheating, collaborative cheating, using plug-ins, other cheating software or bugs to obtain improper illegal interests, or leveraging the Internet or otherwise to bring plug-ins, cheating software and bugs to the public;
    • release any words with “Snack Video” brand such as “in partnership with Snack Video” and “co-produced with Snack Video” via any channel or media including but not limited to “self-media”. You can only mention the programs themselves in promotion campaign rather than mentioning their connections with Snack Video or making promotions with “Snack Video” brand without authorization in their campaigns and promotion of collaboratively produced programs. You must secure the written approval of Company for any of their publicity articles containing “Snack Video”. Otherwise, you shall indemnify Company for all losses arising therefrom; or
    • intentionally or unintentionally violate any applicable laws, regulations, rules, articles and other norms with legal effect.
  3. You agree and understand that the role of the Company, in relation to the Services will be limited to that of an ‘Intermediary’, under the Information Technology Act, 2000 (“IT Act”). Therefore, the Company will not initiate the transmission of any data, select the recipient of the any data and/or modify the contents of any data.
  4. The compilation of all content while providing the Services is the exclusive property of the Company and is protected by laws of Singapore and international copyright and database right laws. All software used for providing the Services is also the exclusive property of the Company, or the property of its affiliates or software suppliers, and is protected by Singapore and international copyright and authors’ rights laws or any other applicable law.

IV.   Commercial Behaviors

  1. Revenue from Snack Video

    You understand and hereby agree that revenue and value may be generated by your use of Snack Video, via ways including, without limitation, our sales of advertisement, broadcasting service in Snack Video, cooperation with other third party, etc. Subject to these Terms, our express written consent and/or agreement with you, you agree that you:

    • are not entitled to share such revenue and/or value;
    • are not entitled to receive any payment and/or other consideration from any content you uploaded to Snack Video; and
    • are not entitled to engage in activities to monetize any content you uploaded to Snack Video, including without limitation, publish advertisements in violation of the Terms.
  2. Advertisements

    Company provides formal and special channels for advertisements publication through the Service, and will examine and verify such advertisements. You are prohibited to publish commercial information (including but not limited to any advertising materials, sales materials, etc.) on Snack Video other than the advertisements published through the aforesaid Snack Video ’s formal and special channels. If you are in breach of the above requirement the Company has the right to take measures including without limitation: restrict or prohibit you from using the Service, close or deactivate your Account, or keep the related information and deliver or report to related departments.

    You agree and authorize the Company to publish any commercial advertisements or any other types of commercial information (including but not limited to publish advertisements on any pages of Snack Video ) to you while providing the Service and you agree and authorize the Company to send you sales and other commercial information using contact information provided by you to us for the purposes of registration and maintenance of the Account (including you email, phone number and other contact information).

V.  Intellectual Property Rights and Content

  1. Service Content

    Our Service displays some content that is not produced or owned by the Company. This content is the sole responsibility of the person that makes it available. You agree that accessing and viewing by you of such content is at your own risk. We also make no warranties and/or guarantees that content provided by Snack Video is accurate, complete or up to date. We have the right but not the obligation to review, monitor, exam and verify the content uploaded or published by you or other Users for compliance with applicable laws and regulations, requirements of competent governmental authorities and our policies. If we, in our sole discretion, believe that the content does not comply with these Terms or in response to complaints from other Users or a third party, we reserve the right to take any measures to address this, including without limitation, to remove or refuse to display such content.

    Using our Service does not give you ownership of any Intellectual Property Rights in our Service or the content you access, including content provided by Company and other Users, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, etc. You may not use content from our Service unless you obtain permission from its owner or are otherwise permitted by law. Do not remove, obscure, or alter any legal notices displayed in or along with our Service.

  2. License

    Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use Snack Video and the Service. Company reserves all rights not expressly granted herein in the Service. You acknowledge and agree that we may terminate this license at any time with or without cause.

    The content on Snack Video is provided for general information only and not for commercial use. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Service.

  3. User Content and Rights Therein

    The Company respects and encourages you to upload original content, and we will take measures to protect your Intellectual Property Rights.

    You hereby represent and warrant that you are the copyright owner or you have received all necessary authorization, approval, licensing, rights and/or clearances from copyright owner of the content (including but not limited to text, words, pictures, videos, audios, live shows etc.) that is uploaded, published or transmitted on Snack Video  by you through your Account (the “User Content”) in accordance with this Terms. Whenever you submit User Content to or through the Service, you must ensure that your User Content and your conduct comply with these Terms.

    If any User Content you provide is reported or otherwise determined to be in violation of these Terms or any applicable laws, we have the right to delete, alter, move, remove, or transfer such User Content, with no liability of any kind to you, to the maximum extent permitted by applicable law. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers operated or controlled by or on behalf of us, including any data attributed to your account.

    You acknowledge and agree that we own all technical and operational data that may be generated in connection with or arising from our provision of the Service and/or your use of the Service. The data presented to you on Snack Video all the technical operational data you have access to. We have no obligation to share any other technical operational data with you, unless otherwise required under applicable laws. To the maximum extent permitted by applicable laws, we have the right to decide whether to retain or use any technical and operational data, the manner and length of time for retaining such data, and the manner for using such data (including without limitation using such data to improve the performance of our Service), as further set forth in our Privacy Policy.

    By using the Service and whenever you submit User Content to or through Snack Video , you grant, or will procure the grant to, us and our affiliates a worldwide, royalty-free, non-exclusive, sub-licensable, unlimited, irrevocable, transferable and perpetual license (but not an obligation) to (i) display the User Content within the Service; (ii) allow other Users to view, access, play and download the User Content subject to your privacy choices, (iii) use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your User Content works better with our Service), communicate, publish, publicly perform, publicly display and distribute the User Content uploaded or published by you on Snack Video , (iv) and pass these rights along to, service providers and others with whom we have contractual relationships related to the operation of the Service (e.g., cloud hosting providers) and to otherwise permit access to or disclose your User Content to the extent specifically set forth in the Terms.

    We respect Intellectual Property Rights and ask you to do the same. As a condition of your access to and use of the Service, you agree not to use the Service to infringe on any Intellectual Property Rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any Intellectual Property Rights. If the Company believes that other Users or third parties infringe your Intellectual Property Rights, the Company is entitled to act on behalf of itself or authorize any professional third parties to take measures in the Company’s sole discretion including but not limited to: monitoring the infringing acts, sending warning letters, bringing suits or arbitrations, mediating, compromising etc.

    The license will not affect your rights in the related User Content; but you should ensure that you are the owner of or you have acquired the license of all the User Content uploaded by you on Snack Video, which shall not infringe any rights of others. If any Intellectual Property Rights owner informs the Company about any copyright infringement behaviors, the Company has the right to delete the related content and will inform you later if possible, and you shall be liable for any damages or other consequences caused by such infringement.

    You shall be deemed to have granted us (unless withdrawn expressly by you) the license to use (including but not limited to copy, publish, release, as well as adapt, reproduce, translate, transmit, perform and display in original form or other forms) the content you uploaded for legitimate commercial purposes including but not limited to promotion if you accept these Terms.

    By uploading your User Content and made it to the public, you acknowledge that such User Content, in part or in whole, may be adapted, excerpted or otherwise used by other Users and hereby irrevocably license your User Content to such other Users solely for producing derivative User Content in Snack Video. Your account ID, as the original source of the User Content will also be attributed in such derivative User Content. You may withdraw such permission as shown in your Privacy Settings prior to publish each User Content. Upon your withdrawal, your User Content will not be accessible to other users in Snack Video for such use upon publish.

    You acknowledge and agree that User Content will be considered non-proprietary and non-confidential. You must not upload or transit any User Content that you consider to be proprietary or confidential. In Snack Video ’s in-app setting, you can decide and control to what extent your User Content is available, whether to all other Users, Users you selected or only to yourself, subject to in-app features and functions available in Snack Video.

    You acknowledge and agree that we are not the source of, do not verify or endorse, and are not responsible in any manner for User Content, that you are solely responsible to retain adequate back-ups of User Content, that you assume all risks associated with User Content and whenever you make available User Content through the Service, and that you have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of User Content.

    You acknowledge and agree that we and our affiliate companies may preserve content, including User Content, and may also disclose content, including User Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, among other things:

    • comply with legal process, applicable laws, and lawful requests from government and/or law enforcement agency;
    • enforce these Terms;
    • respond to claims that any content violates the rights of third parties; or
    • protect our rights, property and/or the personal safety of our users and/or the public.

    You understand that even if you delete your User Content from Snack Video , it may remain available to other Users – for example, we may not be able to prevent any other Users from storing or archiving any of your User Content that you have shared via Snack Video .

    We reserve the right to moderate, block or remove, with or without notice to you, your User Content for any reason, including, in our opinion your User Content violates these Terms, or as may be required by applicable laws and regulations.

    We will take technical measures to prevent unauthorized disclosure of or access to User Content in accordance with the industry standards. Save as set forth herein or under applicable laws, we have no other obligations with respect to User Content.

     

VI.    Exclusion of Warranties

NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

  1. Your use of the Service is entirely at your own risk after having carefully considered these terms and having fully understood its implications on your legal rights.
  2. We make no representations, warranties or guarantees, whether express or implied, that any Service Content is accurate, complete or up to date.
  3. Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Service, such as comments relating to the Service.
  4. The Service is provided “as is” and we make no warranty or representation to you with respect to it. In particular we do not represent or warrant to you that:
    • Your use of the Service will meet your requirements;
    • Your use of the Service will be uninterrupted, timely, secure or free from error;
    • Any information obtained by you as a result of your use of the Service will be accurate or reliable; and
    • Defects in the operation or functionality of any software provided to you as part of the service or website will be corrected.
  5. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the terms. We may change, suspend, withdraw or restrict the availability of all or any part of our Service for business and operational reasons at any time without notice.

VII. Liabilities

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

  1. Indemnity

    You agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of breach by you or any User of your Account of this Terms, including your obligations, representation and warranties herein, applicable laws and regulations.

  2. The Company undertakes the obligations in accordance with relevant laws, but has no liability for your damages due to maintenance or connection failure of the information network equipment, failure of computer, communication or other systems, hacker activities, computer viruses, power failure, strike, revolt, fire, flood, storm, explosion, war, act of government, force majeure, order of judicial and administrative authorities or any other third-party reasons.
  3. If you violate or are suspected of violating the laws, regulations, the Terms, Privacy Policy and other regulations and policies available on Snack Video , the Company has the right to take all necessary measures (including but not limited to detaining the balance of your Account, blocking your Account, revoking your broadcast rights or reporting to the security authorities, etc.) immediately without notice, in order to reduce or eliminate the influence.
  4. To the fullest extent permitted by law, you acknowledge and agree that any claim or dispute you have with any other third party in connection with the Service is between you and such third party and you irrevocably agree to release and hold harmless us from any and all claims, demands and/or damages arising out of such claim or dispute.
  5. Subject to the paragraph above, we shall not be liable to you for:
    • any loss of profit (whether incurred directly or indirectly);
    • any loss of goodwill;
    • any loss of opportunity;
    • any loss of data suffered by you;
    • any indirect or consequential losses which may be incurred by you; or
    • any loss or damage which may be incurred by you as a result of:
    • any reliance placed by you on the completeness, accuracy or existence of any advertising;
    • any changes which we may make to the service or website, or for any permanent or temporary cessation in the provision of the service or website (or any features within);
    • the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the service or website;
    • your failure to provide us with accurate account information; or
    • your failure to keep your password or account details secure and confidential.
  6. Our total liability to you, whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in relation to, these terms or Service, will be limited to, the amount of payment made by you to us in the past 12 months, unless otherwise mandatorily required by applicable law.

PLEASE NOTE THAT WE ONLY PROVIDE OUR SNACK VIDEO FOR DOMESTIC AND PRIVATE USE. UNLESS YOU HAVE OUR EXPRESS WRITTEN CONSENT, YOU AGREE NOT TO USE SNACK VIDEO FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU ARE RESPONSIBLE FOR ANY CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES IF YOU ACCESS OR USE OUR SERVICE ON YOUR MOBILE DEVICE. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE. 

VIII.    Applicable Laws and Jurisdiction

  1. To the fullest extent permitted by local laws and regulations, the Terms and any dispute or claim resulting from or in connection with the Terms will be governed by the laws of Singapore.
  2. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with the Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre under the Arbitration Rules of the Singapore International Arbitration Centre s then in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Singapore. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
  3. The signature, validity, interpretation, modification, supplement, termination, execution and dispute resolution of this Agreement shall be governed by the laws of Singapore; where the laws are silent, common business practices and/or industry practices will be referred to.
  4. Should any provision of this Agreement be held to be void, invalid or unenforceable, such provision shall be deemed to be severable and shall not affect the validity and enforceability of the remaining provisions of this Agreement. The invalidity, illegality or unenforceability of all or any part of any provision of the Terms shall not effect or impair such part or provision or any other provisions of the Terms in any other jurisdiction.

 

IX.    Miscellaneous

  1. Entire Agreement

    These Terms constitute the whole legal agreement between you and Company and govern your use of the Service and completely replace any prior agreements between you and the Company in relation to the Service.

  2. Severability

    If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

  3. No Waiver

    The failure of either you or us to exercise or enforce any right or provision of this Terms will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms will be effective only if in writing and signed by the relevant party.

  4. Termination and Disputes

    Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

    Any disputes arising from or relating to the interpretations or performance of the Terms shall be firstly settled through friendly and amicable negotiation between the Company and you.

  5. Links

    You must not establish a link to Snack Video  in any website or application that is not owned by you. We reserve the right to withdraw linking permission without notice.

  6. Security

    We do not guarantee that our Service be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access Snack Video . You should use your own virus protection software.

  7. Contact Us

    If you have any questions about these Terms, please contact us at support-feedback@snackvideo.com.

    You acknowledge Snack Video will not be liable for any third party information, data, or communication link made available or hosted by it, and that Snack Video ’s role and function is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored (in this instance on App user devices). Snack Video does not initiate the transmission, select the receiver of the transmission, nor select or modify the information contained in such transmission. Being an intermediary, we may review (but make no commitment to review) content or third-party programs or services made available through the App, in instances such as where a user has reported certain content, to determine and ensure compliance with our Terms, applicable laws and regulations.

B. SUPPLEMENTAL TERMS – JURISDICTION-SPECIFIC

These Supplemental Terms - Jurisdiction-Specific are incorporated by reference and form part of the Terms. These additional terms shall apply, supersede and override any conflicting provisions to the extent of any inconsistency in the main body of the Terms in relation to users of the Service located in the jurisdictions set out below.

 

India

  • Minimum Age. You must be at least 18 years of age to access the Services (unless you have the consent of your parent or guardian).
  • Digital Content. These Terms also apply to your use of, and any rights associated with any digitized works provided through Snack Video, such as text, video, images, graphics, and any other similar content (collectively, "Digital Content") included in Snack Video.

    The Service and the Digital Content are designed and intended for use by residents of India who are at least 18 years of age. You may not register for or use the Service if: (i) you are under 18 years of age and do not have parental consent to use the Service; or (ii) we have previously terminated your Account and advised you that you may no longer use the Service. You may only access or use our Service under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Service. If you are accessing or using our Service on behalf of, or to represent the interests of another person or entity, you represent that you are authorized to accept this Agreement on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates this Agreement. You undertake not to misrepresent your identity or your affiliation with any person or entity in connection with the use of the Service.

  • User Restrictions. Notwithstanding anything to the contrary contained in the Terms, and in addition thereto, you agree not to use the Service for, or in any manner, directly or indirectly, host, display, upload, modify, publish, transmit, update or share any information that:
    1. is grossly harmful, blasphemous, invasive of another's privacy, hateful or defamatory or libellous;
    2. is paedophilic or harms minors, or depicts minors or women in an obscene manner,
    3. deceives or misleads the addressee about the origin of such messages or communicates any information which is menacing in nature;
    4. contains computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    5. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or is insulting any other nation;
    6. causes incitement to the commission of any offence, or prevents an investigation of any offence;
    7. threatens public health or safety, or promotes the use of cigarettes or any other tobacco products or products that enable nicotine delivery, or consumption of intoxicants including alcohol;
    8. threatens any computer resource, the incapacitation or destruction of which, shall have debilitating impact on national security, economy, public health or safety;
  • Data Retention. We have the right to retain your data and associated records to assist law enforcement even after a request for deletion of your data for (i) the maximum extent mandated by applicable laws or (ii) 180 days, whichever is longer.
  • Takedown Actions. Once a user reports a violation of applicable laws, the Terms we will process and review such feedback and remove any User Content found to be in violation thereof, upon receiving actual knowledge, or on being notified about such content.