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General Terms of Use (Valid since: 01-12-2024)
1. Definitions
The terms used in these General Terms and Conditions are defined as follows:
1.1. Account: The Uploader's individualized and dedicated digital environment within the Application.
1.2. Appendices: Refers to Appendices.
1.3. Application: The mobile application "SnapSell," available on the App Store, Google Play and as a web application via snapsell.org.
1.4. Downloader: Any natural person who downloads a File.
1.5. Download Page: The webpage accessible via a dedicated URL, from which a File can be accessed and downloaded for a fee.
1.6. File: A photo or video file in MIME type image/* or video/* that is processed by theSolution.
1.7. General Terms and Conditions or Agreement: This document, including its Appendices.
1.8. Intellectual Property Rights: Any rights, registered or unregistered, including patents, trademarks, copyright, related rights, database rights, and any other rights linked to domain names, trade secrets, or any equivalent protection worldwide.
1.9. Personal Data Regulation: Swiss data protection laws including the Federal Act on Data Protection (FADP) as well as cantonal data protection laws applicable in Kanton Zug.
1.10. Solution or Service: Refers to the Application and the Download Pages combined.
1.11. SnapSell: PUBLIBusiness24 AG, a company incorporated under the laws of Switzerland, with its registered office at Rosenweg 3, 6340 Baar, Kanton ZUG.
1.12. Uploader or Seller: Any natural person who uploads a File.
1.13. User: Individually refers to an Uploader or a Downloader and collectively to both.
2. Purpose and Scope
SnapSell provides a technological service enabling Uploaders to upload Files and make them accessible to third parties via a URL hyperlink for a fee. This document governs the use of the Solution and provides the legal framework for Users. Specific terms related to the Application and Download Pages are detailed in the Appendices.
These General Terms and Conditions govern the relationship between SnapSell and theUser. In case of any contradiction, the documents will prevail in the following order: (1) the Appendices and (2) these General Terms and Conditions.
3. Prohibited Content
Pornographic Content: The User is prohibited from uploading and selling any pornographic content through the Solution.
Ownership of Content: The User must own or have appropriate rights to all content they upload and sell through the Solution. Selling content that the User does not own is strictly prohibited.
Age Restriction: Selling media that illustrate children under the age of 18 is not allowed.
4. Acceptance and Modification
Users must agree to these terms to access and use the Solution. SnapSell may modify these terms for legal or technological reasons, notifying Users in writing of significant changes. Changes take effect 15 days after notification, during which Users can terminate their agreement without consequence.
5. Refund Eligibility
5.1. Incorrect Content: If a buyer receives content that is significantly different from the description provided by the seller on SnapSell, the buyer is eligible for a refund.
5.2. Non-Delivery of Content: If the digital content is not delivered to the buyer's account within a reasonable timeframe following the completion of the purchase (typically within 24 hours), the buyer may request a refund.
5.3. Technical Issues: If there are technical issues that prevent the buyer from accessing or downloading the purchased content, and these issues cannot be resolved promptly by our support team, the buyer may be eligible for a refund. In this case, the Uploader shall have no claims for damages against SnapSell.
5.4. Duplicate Transactions: If a buyer is charged multiple times for the same content due to a processing error, the duplicated transactions may be refunded. A buyer may request a refund in such case.
5.5. Non-refundable Circumstances:
- Content dissatisfaction due to subjective taste or preferences.
- A buyer changes their mind about a purchase.
- The buyer purchased the content by mistake but downloaded it.
- The content meets the description but does not meet the buyer’s performance or compatibility expectations.
5.6. Process for Requesting a Refund:
Initiate a Request: To request a refund, the buyer must contact SnapSell’s customer support within 14 days of purchase. The request should be sent to our designated support email (info@snapsell.org) and must include the transaction details, the reason for the refund, and any evidence supporting the claim (e.g., screenshots, detailed descriptions of the issue).
6. SnapSell’s Obligations and Guarantees and Modification
SnapSell commits to making the Solution available continuously, except in cases of force majeure or maintenance. SnapSell holds all necessary rights for the Solution and protects Users against claims of intellectual property infringement related to the Solution.
7. User’s Obligations and Guarantees
Users commit to using the Solution lawfully, maintaining the security of their accounts, and respecting the intellectual property rights of others. Users must indemnify SnapSell against any third-party claims related to their use of theFiles.
8. Liability
SnapSell acts solely as a technical service provider and is not liable for issues beyond its control or for User-generated content unless it has knowledge of illegal content. Users are responsible for damages caused by their use of the Solution.
9. Payment Flows
Payment services are provided by third-party processors like Stripe under their terms. SnapSell is not liable for payment issues due to incorrect user information.
10. Fees
10.1 Service Fees
The Fees are specified on the SnapSell Pricing Page, the Download Page and/or Application unless otherwise agreed upon in writing between the User and SnapSell. Subject to legal requirements, SnapSell may revise its Fees at any time. From time to time, SnapSell may offer a Service or specific feature without charge or waive a Fee for a particular Service or feature. If SnapSell increases a Fee or introduces a new Fee for a Service Users are currently using, SnapSell will notify the Uploader at least 30 days in advance (or a longer period if required by law) before the revised or new Fee takes effect.
10.2 Collection of Fees and Other Amounts
Users are responsible for ensuring that all Fees, Taxes, and other amounts owed under this Agreement are paid when due. SnapSell may deduct, recoup, or offset Fees and other amounts owed under this Agreement—or under any other agreements the Uploader have with SnapSell or its Affiliates—from the Uploader's SnapSell account balance or invoice the Uploader for those amounts.
If Uploaders fail to pay invoiced amounts by the due date, if an Uploader's SnapSell account balance is negative or insufficient to cover amounts owed under this Agreement or any other agreement with SnapSell or its Affiliates, or if SnapSell is unable to collect amounts from an Uploader's account balance, SnapSell may, to the extent permitted by law, deduct, recoup, or offset those amounts from:
(a) any Reserve, if applicable;
(b) funds payable by SnapSell or its Affiliate to an Uploader;
(c) an Uploader's linked bank account; or
(d) the balance of any other SnapSell account reasonably associated with an Uploader or an Uploader's Affiliate.
If the currency of the deducted amount differs from the currency of the amount owed, SnapSell may convert the owed amount using its conversion rate and may deduct any associated conversion fees. In case of payment default, interest will be charged at a rate of 9 percentage points above the base rate of the European Central Bank. Should an Uploader fall into arrears with Fees, we reserve the right to charge reasonable reminder Fees. The assertion of additional claims for damages remains unaffected. Uploaders have the opportunity to prove that SnapSell has incurred no damage or only a lesser amount of damage.
10.3 Taxes
The Fees exclude all Taxes, unless otherwise expressly stated. Uploaders are solely responsible for:
(a) determining which Taxes or fees, if any, apply to the Uploader's sale of any products and/or services, or payments Uploaders make or receive through the Uploader's use of SnapSell or the Service; and
(b) assessing, collecting, reporting, and remitting applicable Taxes for a User's business.
An Uploader must provide accurate and complete information regarding the Uploader's tax status as reasonably requested by SnapSell and promptly notify SnapSell of any inaccuracies or updates. SnapSell may send tax-related documents to an Uploader and relevant tax authorities for transactions conducted through the Service. Specifically, SnapSell may be required by law to file periodic informational returns related to an Uploader's use of the Service and may send you such information electronically.
11. Intellectual Property
SnapSell owns all rights to the Application and the Download Pages. Users are granted a limited license to use the Solution in accordance with these terms.
12. AVS (Age Verification System)
The AVS (Age Verification System) functionality provided by SnapSell is offered as a courtesy to assist Uploaders in managing content that may require age restrictions. The Uploader is solely responsible for ensuring that all uploads comply with applicable regulations and local laws, including, but not limited to, youth protection laws.
The Uploader agrees to use the AVS functionality responsibly and acknowledges that enabling this feature does not guarantee full compliance with all legal requirements. SnapSell makes no representations or warranties that the AVS function fulfills all applicable laws or regulations. The Uploader is required to independently verify and ensure the legality of their content in accordance with all relevant laws.
13. Duration, Suspension and Termination
These terms are effective upon User acceptance and continue until terminated. SnapSell may suspend or terminate access for breaches of these terms.
14. Data Protection
SnapSell complies with Swiss data protection laws as the controller of User data and acts as a processor where applicable. More information on our Privacy Policy.
15. Miscellaneous
Provisions of these terms shall remain in effect even if parts are found invalid. SnapSell may assign these terms in the event of corporate restructuring without User consent.
16. Governing Law and Jurisdiction
These terms are governed by the laws of Switzerland, and any disputes will be subject to the jurisdiction of the courts in Kanton Zug.
17. Contact Information
For queries, Users can contact SnapSell at info@snapsell.org.
Appendices
Detailed terms specific to the use of the Application and Download Pages are provided in subsequent appendices to ensure Users understand their rights and obligations in specific contexts. For more information, please visit snapsell.org.
