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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. Account: The Uploader's individualized and dedicated digital environment within the Application.
2. Appendices: Refers to Appendices.
3. Application: The mobile application "SnapSell," available on the App Store andGoogle Play.
4. Downloader: Any natural person who downloads a File.
5. DownloadPage: The webpage accessible via a dedicated URL, from which a File can be accessed and downloaded for a fee.
6. File: A photo or video file in MIME type image/* or video/* that is processed by theSolution.
7. General Terms and Conditions: This document, including its Appendices.
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.
9. PersonalData Regulation: Swiss data protection laws including the Federal Act on DataProtection (FADP) as well as cantonal data protection laws applicable in KantonZug.
10. Solution: Refers to the Application and the Download Pages combined.
11. SnapSell: PUBLIBusiness24 AG, a company incorporated under the laws of Switzerland, with its registered office at Rosenweg 3, 6340 Baar, Kanton ZUG.
12. Uploader: Any natural person who uploads a File.
13. User: Individually refers to anUploader 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
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.
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.
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.
4. Duplicate Transactions: If a buyer is charged multiple times for the same content due to a processing error, the duplicated transactions will be refunded.
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.
Process for Requesting a Refund:
1. 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 ([snapsell@publibusiness24.com](mailto:snapsell@publibusiness24.com)) 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’sObligations 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. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
