| |
|
会社名: |
SNIMMER Inc.
|
| 連絡先詳細: |
SNIMMER Inc.
PO Box 1107
Palo Alto, CA 94302 |
|
プライバシ宣言: |
TERMS OF USE AND PRIVACY POLICY.
THESE TERMS OF USE ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND SNIMMER INC.
READ CAREFULLY. THESE TERMS OF USE ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU" AND "YOUR") AND SNIMMER INC. ("SNIMMER," "WE," "US," OR "OUR"). BY USING THE SNIMMER WEB SITE OR SERVICE OR ANY OTHER WEB SITE OWNED OR CONTROLLED BY SNIMMER, YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND THEM, AND THAT YOU CONSENT TO BE BOUND BY ALL OF THEIR TERMS AND CONDITIONS. THESE TERMS OF USE SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY INFORMATION, DATA, SERVICE OR SOFTWARE OF ANY KINDPROVIDED BY SNIMMER (COLLECTIVELY THE "SERVICE"). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST IMMEDIATELY STOP USING THE SERVICE.
1. DESCRIPTION OF SERVICE
SNIMMER provides a service allowing you and other users of the Service ("Users") to create personalized web pages, send and receive instant messages using existing instant messenger networks, and hosts forums, blogs (with comments) and other venues for online interaction by Users. In order to use any features of the Service, you must register with the Service. In order to use the instant messenger features of the Service, you must use a pre-existing username from one of the instant messenger services whose protocols we support. You agree that you are entirely responsible for compliance with the terms controlling the use of that service as well as the terms of these Terms of Use, and any incompatibility or breach of either the third party terms or these Terms of Use is entirely your responsibility.
Please note that SNIMMER does not provide any internet connectivity services, nor does SNIMMER provide any computer equipment for Users. You are entirely responsible for securing and paying for any such services and equipment, and for ensuring that such services and equipment meet the minimum requirements for the use of the Services.
SNIMMER does not make the Service available to anyone under the age of 18. By registering for or using any element of the Service, you represent that you are an individual older than age of eighteen (18) years. Except as SNIMMER may otherwise expressly permit in a separate agreement with you, you may use the Service solely for your personal, non-commercial use.
2. REGISTRATION, PRIVACY POLICY & COMMUNICATION
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current. During the registration process you will create a user name and a password. We encourage you to create a user name and a password that are different from any user name and password you may use with other services, particularly any third party instant messaging or personal email services you may use. You alone are solely and entirely responsible for maintaining the confidentiality of your SNIMMER password and user name. Should you decide to use SNIMMER as a proxy for your instant messenger account, you alone are solely and entirely responsible, and agree to maintain, the confidentiality and security of your third party instant messaging password and user name. You agree that you will not allow others to use your user name, password (to the extent a password is required to access the Service) and/or account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account.
Any information that you supply to us will be governed by the terms and conditions of SNIMMER's Privacy Policy, as it may be updated from time to time by us. Please review this Privacy Policy before you complete the purchase or registration process or attempt to use or access the Service. You acknowledge and agree that SNIMMER may, in its sole discretion, preserve or disclose your User-Supplied Content, as well as your Account Information, including, by way of example, instant messenger user names, email addresses, IP addresses, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any Content (including User-Supplied Content) violates the rights of third parties (including, but not limited to, their legal rights and the right that SNIMMER believes all Users have to use the Service free of abuse or harassment), or protect the interests of SNIMMER, its personnel, its users or the general public.
3. SERVICE CONTENT
The Service may require that your browser run certain software that SNIMMER will provide. That software, and all new versions, updates, upgrades, modifications and derivative works that SNIMMER may make available from time to time are referred to collectively as the �Software�. All Software, designs, text, images, artwork, graphic materials, other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress, trade names, logos and designs and all intellectual property rights therein, provided by SNIMMER via the Service (collectively the "Content") are the property of SNIMMER and/or its business partners, affiliates, assigns, licensors or other respective owners and are protected by intellectual property laws, including without limitation, U.S. and international patent, copyright and trademark laws.
4. USER SUPPLIED CONTENT
As a condition to your use of the Service and by submitting all information, advice, files, links, communications or other materials (including your user name) transmitted by you to or through the Service ("User-Supplied Content") to the Service, you hereby grant SNIMMER a non-exclusive, royalty-free, worldwide, perpetual, transferable, assignable, and sublicenseable (to any number of tiers) license to reproduce, publicly display, publicly perform, distribute, transmit, and otherwise use the User-Supplied Content in all contexts, formats and media, in connection with the Service and any other elements of the business of SNIMMER and its successor(s). If you desire SNIMMER to remove your User-Supplied Content from the Service, please delete it as specified in the Service. However, you acknowledge and agree that: (a) any licenses that SNIMMER has granted with respect to your User-Supplied Content will survive according to their terms; and (b) we cannot guarantee that your User-Supplied Content will be completely removed from SNIMMER, nor from all devices used by other Users to access the Service, nor that other Users will not misuse any content that you supply. In particular, you should be aware that you will not be able to delete any contributions you may make to any forums, message boards, or other venues sponsored by SNIMMER and not under the direct control of your Account. Please contact our Copyright Agent as described below if you believe that your rights are being infringed. SNIMMER is not responsible for any misuse of your User-Supplied Content.
To the extent that SNIMMER provides the ability for you to set usage preferences (e.g. private use, public use, etc.) for the User-Supplied Content that you create, you may do so, just as SNIMMER and other Users may set their own usage preferences (collectively �Usage Preferences�). You agree to abide by (and not circumvent) all such Usage Preferences at all times for all third-party User-Supplied Content and any Content.
Certain portions of the Service allow Users to upload and share User-Supplied Content with each other and with other third parties. To the extent SNIMMER provides the ability for you to set Usage Preferences for User-Supplied Content that you place on the Service, you will be responsible for doing so, and SNIMMER will use its commercially reasonable efforts to accommodate such Usage Preferences. However, SNIMMER does not guarantee that it will provide the ability for you to set Usage Preferences, that any such Usage Preferences will always be applied, or that your User-Supplied Content will be kept secure. SNIMMER takes no responsibility and assumes no liability for any User-Supplied Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User-Supplied Content that you upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility.
You acknowledge and agree that SNIMMER may access, review, store, reproduce and/or disclose, as applicable, any User-Supplied Content if required to do so, or if SNIMMER has a good faith belief that it is required, by law, court orders or other legal processes, to enforce these Terms of Use, to respond to any claims that such User-Supplied Content (or your use of the same) violates any third party's rights, or to protect the rights, property or personal safety of SNIMMER, its business partners, affiliates, licensors and/or licensees, any other User, or the general public.
5. SERVICE CONTENT GENERALLY
You acknowledge and agree that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You acknowledge and agree that you may be exposed to Content that you find objectionable, not least because such Content concerns you. SNIMMER shall have no liability to you for any User-Supplied Content, for the failure to receive any User-Supplied Content or for the removal of any User-Supplied Content. Because you can use the Service to communicate with third parties, you acknowledge and agree that any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of SNIMMER. SNIMMER neither endorses nor is responsible for the completeness, accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Service by anyone other than authorized SNIMMER employees acting in their official capacities.
You agree that you must evaluate, and bear all risks associated with, the use the Service and any Content, that you may not rely on the Service nor said Content, and that under no circumstances will SNIMMER be liable in any way for any loss or damage of any kind incurred as a result of the use of the Service nor any Content made available via the Service. You acknowledge that SNIMMER does not, either actively, or by any failure to act, pre-screen or approve Content or any communications made using the Service, but that SNIMMER shall have the right (but not the obligation) in its sole discretion to refuse, delete (in whole or in part) or move any Content deemed illegal, harmful or offensive, or which violates the letter or spirit of these Terms of Use, or for any other reason.
6. TITLE TO CONTENT
The Content made available directly through the Service by SNIMMER or third parties is the property of SNIMMER, its suppliers, licensors and advertisers. Title, ownership rights and intellectual property rights in and to such Content are the property of either SNIMMER or third-party content owners and copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, you have no express or implied license to the Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Content.
7. USAGE RESTRICTIONS
SNIMMER complies with intellectual property law and expects its users to do the same. You may not use the Service to help you infringe the copyrights of any third party. Unauthorized use, copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights and a violation of the law. You agree that you shall only use the Service and Content in a manner that does not violate any third-party rights and that complies with all applicable laws in the jurisdiction in which you use the Service and Content, including, but not limited to, applicable restrictions concerning patent, trademark, trade secret, copyright and other intellectual property rights. You affirm, represent and warrant that you have the consent, release and legal permission of any relevant third party to enable inclusion and use of your User-Supplied Content in the manner contemplated by the Service and these Terms of Use. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
8. CONDUCT
In addition to any other obligations you have under these Terms of Use, including without limitation, the obligations stated in Sections 1 through 6, inclusive, you agree not to: (a) link to or frame any elements of the Service in such a way as to obscure any SNIMMER content unless otherwise expressly authorized in writing by SNIMMER; (b) use the Service for any commercial or illegal purpose; (c) use the Service to invade the privacy of, or obtain personal information about, any Service account holder or User, or to obtain a list of Service account holders or Users, or to access or use any User�s User-Supplied Content in a manner not specifically authorized by such User; (d) copy, modify, erase or damage any information contained on computer servers used or controlled by SNIMMER or any third party used in connection with the Service or the services provided through the Service; (e) attempt to decompile, reverse engineer, disassemble or hack this Service; (f) use the Service to violate any legal right of any third party, including any publicity or privacy right, or to take any action that is harassing, libelous, defamatory, abusive, potentially tortious, threatening, harmful or otherwise objectionable; (g) develop, generate, upload, post, display, transmit, disseminate or store information that infringes any third party's intellectual property or other proprietary rights, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality or otherwise; (h) use any data mining, robots, or similar data gathering and or extraction tools in connection with the Service except for the sole purpose of indexing the Service for publicly-available internet search engines or non-commercial public archives; (i) use the Service to post, transmit, or link to any unsolicited advertising, promotional, or commercial materials or to collect information for the purpose of doing so; (j) access or use any password protected, secure or non-public areas of the Service except as specifically authorized in writing by SNIMMER (unauthorized individuals attempting to access these areas of the Service may be subject to prosecution); (k) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service; or (l) impersonate or misrepresent your affiliation with any person or entity.
9. OTHER ENTITIES
The Service may contain link through advertising and otherwise to various third party web sites and other resources, and allows communication with various third parties ("Other Entities"). These Other Entities are not under the control of SNIMMER and SNIMMER is not responsible or liable for the content, communications or materials of any Other Entities. SNIMMER is providing these links and the ability to communicate as a convenience only. The inclusion of any link or enabling of any communication does not imply endorsement by SNIMMER of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Other Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties.
10. MODIFICATIONS TO THE SERVICE
You acknowledge and agree that SNIMMER may modify, suspend, or discontinue the Service at any time without notice and may discontinue any SNIMMER web site at any time without notice and shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. TERMINATION
You acknowledge and agree that SNIMMER shall have the right, in its sole discretion, to terminate or suspend your use of the Service if you fail to comply with the letter or the spirit of these Terms of Use. No notice shall be required from SNIMMER to make such termination or suspension effective. In addition, SNIMMER reserves the right to discontinue your access to the Service at any time for any reason, and with or without notice.
12. COPYRIGHT INFRINGEMENT
SNIMMER may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize SNIMMER to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
SNIMMER will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Service, please notify SNIMMER Compliance Team identified below. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
A notification of claimed infringement must be a written communication addressed to the SNIMMER Compliance Team set forth below (the "Notice"), and must include the following:
a. a signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
b. a description of the copyrighted work or works that you claim have been infringed, including their exact name (if any). The description and name should be in sufficient detail so that we can identify the work;
c. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
d. Information related to the work(s) reasonably sufficient for SNIMMER to promptly locate the work (e.g. title of work, specific URL or other location within the Service, etc.);
e. Information reasonably sufficient to permit SNIMMER to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
f. A statement requesting that SNIMMER take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled);
g. information sufficient to permit SNIMMER to contact you, such as your physical address, telephone number, and email address;
h. a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
i. a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
Pursuant to the Digital Millennium Copyright Act, SNIMMER will remove allegedly infringing material from the Service upon receipt of a notice which complies with the requirements of this section. If the allegedly infringing material is not hosted or stored on the server computers used or controlled by SNIMMER, but is nevertheless displayed or transmitted through the Service, SNIMMER will use its best efforts to remove allegedly infringing material from being displayed or transmitted through the Service upon receipt of a notice which complies with the requirements of this section.
If you receive a Notice and you believe that you have the right to display the allegedly infringing work, you may send SNIMMER a counter-notice pursuant to the Digital Millennium Copyright Act (a "Counter-Notice"). We will provide a copy of your Counter-Notice to the party that sent the Notice you are responding to.
A Counter-Notice must be a written communication addressed to the SNIMMER Compliance Team set forth below and include the following:
a. a signature of the person sending the Counter-Notice;
b. identification of the work which was removed or disabled; and where such work was located on the Site(s) before it was removed or disabled;
c. a statement by you under penalty of perjury that you have a good faith belief that the work was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
d. Your name, address, and telephone number; and
e. If your address is in the United States, a statement that you consent to the jurisdiction of Federal District Court for the district in which your address is located, or if your address is outside of the United States, a statement that you consent to the jurisdiction of the Federal District Court located in San Francisco County, California, and that you will accept service of process from the person who sent the Notice.
To reach SNIMMER Compliance Team for Notice of claims of copyright infringement or counter-notifications:
SNIMMER Compliance Team
SNIMMER, Inc.
PO BOX 1107
Palo Alto, CA 94302
13. THIRD PARTY DISPUTES
If there is a dispute between users of the Service, or between users of the Service and any third party, you understand and agree that SNIMMER is under no obligation to become involved, though it may, in its sole discretion. In the event that you have a dispute with one or more users of the Service, you hereby release SNIMMER, its officers, employees, agents and successors from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 1542: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
14. DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SNIMMER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK. SNIMMER MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SNIMMER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE. SNIMMER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
15. LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU. IN NO EVENT SHALL SNIMMER, ITS LICENSORS OR CONTENT PROVIDERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, EVEN IF SNIMMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. INDEMNITY
You agree to indemnify and hold SNIMMER and its parents, members, subsidiaries, affiliates, service providers, distributors, content providers, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to: (a) your violation of these Terms of Use; or (b) from any User-Supplied Content that you supply; or (c) your violation of any law, regulation or third-party right including but not limited to the terms governing your use of any third party service or web site.
17. MODIFICATION OF TERMS
SNIMMER may modify these Terms of Use at any time in our sole discretion. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Service. Your continued use of the Service following our posting of a change of terms notice or new Terms of Use on the Service, or an email to you providing notice of such change, will constitute your binding acceptance of the change. YOUR ACCEPTANCE OF THESE TERMS OF USE INDICATES THAT YOU GIVE CONSENT TO SNIMMER TO CONTACT YOU AT ANY ADDRESS (EMAIL, TELEPHONE, INSTANT MESSENGER, OR PHYSICAL) YOU PROVIDE WITH NOTICES CONCERNING MATERIAL CHANGES IN THESE TERMS OF USE OR THE SERVICE.
18. ARBITRATION, JURISDICTION & GOVERNING LAW
You and SNIMMER agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms of Use, the Service, or your use of the Service (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or SNIMMER toward the other, shall be determined exclusively by final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in San Francisco, California. You and SNIMMER also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
You and SNIMMER may litigate in court only to compel arbitration under these Terms of Use or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach these Terms of Use in any manner which violates or may violate SNIMMER's or any of its licensor's intellectual property rights, or may cause continuing or irreparable harm to SNIMMER (including, but not limited to, any breach that may impact SNIMMER's intellectual property rights), SNIMMER may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
You and SNIMMER must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.)
To the fullest extent permitted by applicable law: no arbitration under these Terms of Use shall be joined to an arbitration involving any other current or former licensee of SNIMMER, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and SNIMMER); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and SNIMMER).
In any proceeding of any kind arising out of or otherwise related to the Service, the prevailing party will have the right to recover its costs and reasonable fees of attorneys, accountants and other professionals. Without limiting the generality of the foregoing, if you, contrary to these Terms of Use, attempt to bring suit or assert any other form of claim against SNIMMER in any forum other than an arbitration in San Francisco, California, you acknowledge that SNIMMER may, in its discretion, challenge such forum's jurisdiction over SNIMMER, and that the prevailing party in such a jurisdictional proceeding will have the right to recover its costs and reasonable fees of attorneys, accountants and other professionals.
THESE TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA AND THE FEDERAL ARBITRATION ACT, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS, AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN SAN FRANCISCO, CALIFORNIA. These Terms of Use will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, and the application of thereof is hereby expressly excluded.
19. GENERAL
No delay or failure to take action under these Terms of Use shall constitute any waiver by SNIMMER of any provision of this Agreement.
These Terms of Use (including all documents expressly incorporated by reference) constitutes the complete and exclusive agreement between SNIMMER and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These Terms of Use will bind and inure to the benefit of each party's permitted successors and assigns. The agreement embodied in these Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate your rights or obligations under these Terms of Use shall be null and void.
"SNIMMER" and "snimmer.com" are trademarks of SNIMMER Inc. Any other names or designs may be trademarks of their respective owners.
Last Modified April 8, 2007. Copyright 2007, SNIMMER Inc.
PRIVACY POLICY
1. INTRODUCTION. SNIMMER Inc. ("us," "we," or "SNIMMER") is committed to respecting the privacy rights of its customers, visitors, and other users of the SNIMMER Website (the "Website") and the SNIMMER instant messenger service ("collectively the Services"). We created this Privacy Policy ("Privacy Policy") to give you confidence as you visit and use the Services, and to demonstrate our commitment to fair information practices and the protection of privacy. This Privacy Policy is only applicable to the Services, and not to any other service, website, or entity that you may be able to access or communicate with by using the Services, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.
2. TYPES OF INFORMATION COLLECTED
2.1. TRAFFIC DATA COLLECTED. We automatically track and collect the following categories of information when you visit our Website: (1) IP addresses; (2) domain servers; (3) types of computers accessing the Website; (4) types of web browsers used to access the Website; (5) other information associated with the interaction of your browser and the Website (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you.
2.2.COOKIES. We also use "cookies" to customize your experience of our Website and to store your password so you do not have to re-enter it each time you visit the Website. (A "cookie" is an element of data that a website, when visited by a user, sends to that user's browser which, in turn, may store that element on the user's hard drive or memory.) At your option, expense and responsibility, you may block our cookies or delete our cookies from your hard drive. However, by disabling cookies, you may not have access to the entire set of features of the Website.
2.3. PERSONAL INFORMATION COLLECTED. In order for you to access certain areas of the Website, we may require you to provide us with certain information that personally identifies you ("Personal Information"). Personal Information includes the following categories of information: (1) Personal Information (such as your e-mail address, instant messenger user names, SNIMMER user name and SNIMMER password); and (2) Demographic Data (such as your zip code, age, and income). If you communicate with us by, for example, e-mail or letter, any information provided in such communication may be collected as Personal Information. We specifically do not collect or store, and do not wish to receive, any passwords for third party instant messenger services.
2.4. STORAGE. We store all Personal Information Traffic Data and User Content indefinitely, even after "deletion," and may archive such information elsewhere.
2.5. CHILDREN. SNIMMER does not knowingly collect any information from individuals under the age of 13. If we learn that we have received any information from an individual under the age of 13, we will delete that information.
3. USES OF INFORMATION COLLECTED
3.1. SNIMMER USE OF INFORMATION. We may use Personal Information to send you information about SNIMMER or our products or services, or to contact you when necessary. We may use your Demographic Data or your Traffic Data to customize and tailor your experience on, and to generally improve, the Website and the Service.
3.2. SHARING OF PERSONAL INFORMATION. We share certain categories of information we collect from you in the ways described in this Privacy Policy. We may share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis. We also share Personal Information and Traffic Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Website. Those business partners have all agreed to uphold the same standards of security and confidentiality that we have promised to you in this Privacy Policy, and they will only use your Personal Information and other Personal Information to carry out their specific business obligations to SNIMMER. Last, we may transfer information about you if SNIMMER is acquired by or merged with another company. In this event, we will use reasonable efforts to notify you before information about you is transferred and becomes subject to a different privacy policy.
3.3. USER CHOICE. You may choose not to provide us with any Personal Information. In such an event, you will not be able to access and use those portions of the Website or the Service that require your Personal Information.
4. CONFIDENTIALITY AND SECURITY.
4.1. DISCLOSURE. Except as otherwise provided in this Privacy Policy, we will keep your Personal Information private and will not share it with third parties, unless we believe in good faith that disclosure of your Personal Information or any other information we collect about you is necessary to: (a) comply with a court order or other legal process; (b) protect the rights, reputation, property or personal safety of SNIMMER and its personnel; or (c) enforce our Terms of Use.
4.2. PUBLIC INFORMATION. Any information that you may reveal in any online discussion, including to third parties with which you are communicating should not in any way be expected to be private. You should think carefully before disclosing any personally identifiable information to anyone you don't know. What you have written may be seen and/or collected by third parties and may be used by others in ways we are unable to control or predict.
4.3. SECURITY. Although we make good faith efforts to store Personal Information in a secure operating environment that is not open to the public, you should understand that there is no such thing as complete security, and we do not guarantee that there will be no unintended disclosures of your Personal Information. If we become aware that your Personal Information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of the disclosure (to the extent we know that information), as soon as reasonably possible and as permitted by law.
4.4. LOST OR STOLEN INFORMATION. You must promptly notify us if your Personal Information is lost, stolen, or used without permission. In such an event, we will remove that Personal Information from your account and update our records accordingly.
5. REASONABLE EFFORTS. We will use reasonable efforts to comply with this Privacy Policy and will take prompt corrective action when we learn of any failure to comply with our Privacy Policy. We sometimes release beta versions of our products and services, which are further refined before the release of the final version. Because these products and services are still in a test phase, we may not always catch an unintended privacy issue, despite our efforts to do so. As such, we welcome User feedback on any privacy concerns you may have. In light of the above and because of the complex and constantly changing nature of our technology and business, and the security risks associated with using the Internet, SNIMMER does not guarantee error-free performance under this Privacy Policy. To the extent permissible under law, SNIMMER shall not be liable for any incidental, consequential or punitive damages relating to this Privacy Policy.
6. UPDATES AND CHANGES TO PRIVACY POLICY. We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Website and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Website.
If you have any comments on or questions about this Privacy Policy, please contact our support team.
Last Modified October 1, 2006. Copyright 2006, SNIMMER Inc.
|
|
プライバシURL: |
http://www.snimmer.com/legal.html |
|
|
|
|
|
| SpyRescue(スパイレスキュー) |
|
X-Cleaner,SpyRescue製品は製品の開発メンテナスを終了しました。
|
|
| 最近追加されたスパイウェア |
[お知らせ]
X-Cleaner,SpyRescue製品は製品の開発メンテナスを終了しました。
|
|
|
|
|
|