PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, HOSTS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO HOST PAYING GUESTS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING GUESTS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON SNAPSCOUT.
Last Updated: June 30, 2014
TERMS OF SERVICE
If you are using the Site, Application or Services and you reside in the USA, you are contracting with SnapScout, Inc. with respect to use of the SnapScout Site, Application or Services. Each hereinafter referred to as "SnapScout", "we", "us", or "our"). SnapScout Payments, SnapScout provides an online platform that connects hosts who have locations to rent with photographer or filmmakerseeking to rent such locations (collectively, the “Services”), which Services are accessible at www.SnapScout.com and any other websites through which SnapScout makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and SnapScout. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR LOCATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK LOCATIONS DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT SNAPSCOUT IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS SNAPSCOUT A REAL ESTATE BROKER, AGENT OR INSURER. SNAPSCOUT HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY LOCATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
means all Content that SnapScout makes available through the Site,
Application, or Services, including any Content licensed from a third
party, but excluding Member Content.
“Booking Request Period” means the time period starting from the time when a booking is requested by a Photographer or filmmaker (as determined by SnapScout in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and SnapScout Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“photographer or filmmaker” means a Member who requests from a Host a booking of an Location via the Site, Application or Services, or a Member who uses a Location and is not the Host for such Location.
“Host” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means a Location that is listed by a Host as available for rental via the Site, Application, and Services.
“Member” means a person who completes SnapScout’s account registration process, including but not limited to Hosts and Guests, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, location or lodging taxes, fees (such as convention center fees) that location providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
SnapScout reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of residential and other properties (“Locations”). Such Locations are included in Listings on the Site, Application and Services by Hosts. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Location or create a Listing, you must first register to create an SnapScout Account (defined below).
As stated above, SnapScout makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Locations directly with each other. SnapScout is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Locations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Locations and SnapScout does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Locations or transportation or travel services. Unless explicitly specified otherwise in the SnapScout platform, SnapScout’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE HOSTS AND GUESTS CONNECTING AND BOOKING LOCATIONS DIRECTLY WITH EACH OTHER. SNAPSCOUT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LOCATIONS. SNAPSCOUT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND LOCATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
In order to access certain features of the Site and Application, and to book an Location or create a Listing, you must register to create an account (“SnapScout Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your SnapScout Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to SnapScout through the Site, Services or Application; or (ii) allowing SnapScout to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to SnapScout and/or grant SnapScout access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating SnapScout to pay any fees or making SnapScout subject to any usage limitations imposed by such third-party service providers. By granting SnapScout access to any Third-Party Accounts, you understand that SnapScout will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your SnapScout Account and SnapScout Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your SnapScout Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or SnapScout’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your SnapScout Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. SnapScout makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and SnapScout is not responsible for any SNS Content.
We will create your SnapScout Account and your SnapScout Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active SnapScout Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. SnapScout reserves the right to suspend or terminate your SnapScout Account and your access to the Site, Application and Services if you create more than one (1) SnapScout Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your SnapScout Account, whether or not you have authorized such activities or actions. You will immediately notify SnapScout of any unauthorized use of your SnapScout Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Location to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Location and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Locations must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Location via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Photographer or filmmaker requests a booking of your Location, you may not request the Photographer or filmmaker to pay a higher price than in the booking request.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Guest's stay at, an Location in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, and rules and regulations that may apply to any Location included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that SnapScout assumes no responsibility for a Host’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. SnapScout reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that SnapScout, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or SnapScout’s then-current Policies and Community Guidelines (athttp://www.SnapScout.com/help/policies), or otherwise harmful to the Site, Application or Services.
If you are a Host, you understand and agree that SnapScout does not act as an insurer or as your contracting agent. If a Photographer or filmmaker requests a booking of your Location and stays at your Location, any agreement you enter into with such Photographer or filmmaker is between you and the Photographer or filmmaker and SnapScout is not a party thereto. Notwithstanding the foregoing, SnapScout Payments serves as the limited authorized payment collection agent of the Host for the purpose of accepting, on behalf of the Host, payments from Guests of such amounts stipulated by the Host (including cleaning or other fees and/or Taxes).
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Location, including, but not limited to, requiring Members to have a profile picture or verified phone number, in order to book your Location. Any Member wishing to book Locations included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Hosting” section of the Site, Application and Services.
If you are a Host, SnapScout makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for booking for your Location. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Location at your request or invitation, excluding the Photographer or filmmaker (and the individuals the Photographer or filmmaker invites to the Location, if applicable.)
SnapScout recommends that Hosts obtain appropriate insurance for their Locations. Please review any insurance policy that you may have for your Location carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Photographer or filmmaker invites to the Location, if applicable) while at your Location.
SnapScout may offer Hosts the option of having photographers take photographs of their Locations. If you as a Host choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “SnapScout.com Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by SnapScout, including Verified Images, constitute SnapScout Content, regardless of whether you include them in your Listing.
SnapScout does not endorse any Member or any Location. You understand that Verified Images are intended only to indicate a photographic representation of the Location at the time the photograph was taken. Verified Images are therefore not an endorsement by SnapScout of any Member or any Location. Members are required by these Terms to provide accurate information, and although SnapScout may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by SnapScout about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Host or to accept a booking request from a Photographer or filmmaker or to have any other interaction with any other Member. Except as provided in the SnapScout Host Guarantee Terms and Conditions (“SnapScout Host Guarantee”, at http://www.SnapScout.com/terms/host_guarantee), which is an agreement between SnapScout and Hosts, we are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from SnapScout with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against SnapScout regarding the remittance of payments received from a Photographer or filmmaker by SnapScout on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
means the amounts that are due and payable by a Photographer or
filmmaker in exchange for that photographer or filmmaker’s use of a
Location. The Host alone, and not SnapScout, determines these
amounts. The Host may in his or her sole discretion decide to include
in these amounts (i) a cleaning fee or any other fee permitted on the
SnapScout platform, or (ii) Taxes that the Host determines that he or
she has to collect.
“Photographer or filmmaker Fees” means the fee that SnapScout charges a Photographer or filmmaker for the use of its online platform, which is calculated as a percentage of the applicable Location Fees. The Photographer or filmmaker Fees will be displayed to the Photographer or filmmaker when the Photographer or filmmaker is asked whether to send a booking request to a Host.
“Host Fees” means the fee that SnapScout charges a Host for the use of its online platform, which is calculated as a percentage of the applicable Location Fees. The Host Fees will be displayed to the Host when the Host is asked whether to confirm or reject a booking request from a prospective Guest.
“Service Fees” means collectively the Photographer or filmmaker Fees and the Host Fees.
“Total Fees” means collectively the Location Fees and the Photographer or filmmaker Fees (plus any Taxes in respect of Photographer or filmmaker Fees, such as VAT in Europe).
Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your Location via the Site, Application and Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will be automatically cancelled. When a booking is requested via the Site, Application and Services, we will share with you (i) the first and last name of the Photographer or filmmaker who has requested the booking, (ii) a link to the Guest’s SnapScout Account profile page, (iii) the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the Photographer or filmmaker on such SNS, and (iv) an indication that the name that the Photographer or filmmaker provided to SnapScout when the Photographer or filmmaker became a Member matches the name that the Photographer or filmmaker provided to the SNSs to which the Photographer or filmmaker has linked his or her SnapScout Account, so that you can view such information before confirming or rejecting the booking request. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by SnapScout for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Photographer or filmmaker SnapScout will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
SnapScout Payments will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking request) and will initiate payment of the Location Fees (less SnapScout’s Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe) to the Host within 24 hours of when the Photographer or filmmaker arrives at the applicable Location (except to the extent that a refund is due to the Guest). The time it takes for the Host to receive payouts may depend upon the method for receiving payouts chosen by the Host. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Host, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount via SnapScout Payments to SnapScout (whether as a result of your bookings or actions as a Photographer or filmmaker or otherwise), then SnapScout Payments may (but is not obliged to) withhold the amount owing to SnapScout from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to SnapScout. If SnapScout Payments does so, then your obligation to pay SnapScout will be extinguished to the extent of the amount withheld by SnapScout Payments, and SnapScout will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld.
Appointment of SnapScout Payments as Limited Payment Collection Agent for Host
Each Host hereby appoints SnapScout Payments as the Host’s limited payment collection agent solely for the purpose of accepting the Location Fees from Guests.
Each Host agrees that payment made by a Photographer or filmmaker through SnapScout Payments, shall be considered the same as a payment made directly to the Host, and the Host will make the Location available to the Photographer or filmmaker in the agreed-upon manner as if the Host has received the Location Fees. Each Host agrees that SnapScout may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Photographer or filmmaker to cancel the booking and (ii) refund (via SnapScout Payments) to the Photographer or filmmaker that portion of the Location Fees specified in the applicable cancellation policy. Each Host understands that as SnapScout Payments accepts payments from Guests as the Host’s limited payment collection agent and that SnapScout Payments’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. SnapScout does not guarantee payments to Hosts for amounts that have not been successfully received by SnapScout Payments from Guests. In accepting appointment as the limited authorized agent of the Host, SnapScout Payments assumes no liability for any acts or omissions of the Host.
Please note that SnapScout does not currently charge fees for the creation of Listings. However, you as a Host acknowledge and agree that SnapScout reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that SnapScout will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Guests
The Hosts, not SnapScout, are solely responsible for honoring any confirmed bookings and making available any Locations reserved through the Site, Application and Services. If you, as a Photographer or filmmaker choose to enter into a transaction with a Host for the booking of an Location, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Location imposed by the Host. You acknowledge and agree that you, and not SnapScout, will be responsible for performing the obligations of any such agreements, that SnapScout is not a party to such agreements, and that, with the exception of its payment obligations hereunder, SnapScout disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that SnapScout is not a party to the agreement between you and the Host, SnapScout Payments acts as the Host’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the Total Fees to SnapScout Payments, your payment obligation to the Host for the Location Fees is extinguished, and SnapScout Payments is responsible for remitting the Location Fees (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe), in the manner described in these Terms. In the event that SnapScout Payments does not remit any such amounts as described in these Terms, such Host will have recourse only against such SnapScout entity.
The Total Fees payable will be displayed to a Photographer or filmmaker before the Photographer or filmmaker sends a booking request to a Host. As noted above, the Host is required to either confirm or reject the booking request within the Booking Request Period, otherwise the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by SnapScout Payments will be refunded to such Photographer or filmmaker depending on the selections the Photographer or filmmaker makes via the Site and Application, and any pre-authorization of such Guest’s credit card will be released, if applicable.
You as a Photographer or filmmaker agree to pay SnapScout for the Total Fees for any booking requested in connection with your SnapScout Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that SnapScout Payments, on behalf of the Host, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. Once SnapScout receives confirmation of your booking from the applicable Host, SnapScout Payments will collect the Total Fees in accordance with these Terms and the pricing terms set forth in the applicable Listing. Please note that SnapScout cannot control any fees that may be charged to a Photographer or filmmaker by his or her bank related to SnapScout’s collection of the Total Fees, and SnapScout disclaims all liability in this regard.
In consideration for the use of SnapScout’s online marketplace and platform, SnapScout charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Host Fees and Photographer or filmmaker Fees. SnapScout deducts the Host Fees from the Location Fees before remitting the balance to the Host as described in these Terms. Photographer or filmmaker Fees are, as noted above, included in the Total Fees.
Balances will be remitted by SnapScout to Hosts via check, PayPal, direct deposit or other payment methods described on the Site or via the Application, in the Host’s currency of choice, depending upon the selections the Host makes via the Site, Application and Services. Amounts may be rounded up or down as described the “Rounding Off” section below.
Please note that SnapScout may impose or deduct foreign currency processing costs on or from any payments or payouts by SnapScout in currencies other than U.S. dollars. More information on any such costs or deductions will be available via the Site and Application. More information on any such costs or deductions will be available via the Site and Application.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Photographer or filmmaker you cancel your requested booking before the requested booking is confirmed by a Host, SnapScout Payments will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Photographer or filmmaker you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Location, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Location Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Photographer or filmmaker Fee is non-refundable regardless of the cancellation policy selected by the Host.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) SnapScout Payments will refund the Total Fees for such booking to the applicable Photographer or filmmaker within a commercially reasonable time of the cancellation and (ii) the Photographer or filmmaker will receive an email or other communication from SnapScout containing alternative Listings and other related information. If the Photographer or filmmaker requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Photographer or filmmaker agrees to pay SnapScout the Total Fees relating to the confirmed booking for the Location in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a photographer or filmmaker have not received an email or other communication from SnapScout, please contact SnapScout. If, as a Host, you cancel a confirmed booking, SnapScout may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, SnapScout may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reason. SnapScout Payments may also determine, in its sole discretion, to refund to the Photographer or filmmaker part or all of the amounts charged to the Photographer or filmmaker in accordance with the Photographer or filmmaker Refund Policy at http://www.SnapScout.com/terms/guest_refund_policy. You agree that SnapScout and the relevant Photographer or filmmaker or Host will not have any liability for such cancellations or refunds.
In some instances, Guests may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her stay at the applicable Location (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the Photographer or filmmaker authorizes SnapScout Payments, on behalf of the Host, to collect the Total Fees and the Host agrees that such SnapScout entity will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments, identified on the Site, Application and Services.
SnapScout may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, SnapScout will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, SnapScout may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for SnapScout to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Host does in fact make the donation he or she pledged to make. In such cases, the Host in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W-9 from our US Hosts, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US hosts with at least one Listing in the US. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Host and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. SnapScout cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Host, SnapScout may issue a valid VAT invoice to such Host.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Location is located may require Taxes to be collected by Hosts from Guests on the amount paid for the right to use and/or occupancy of locations, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes are generally required to be collected and remitted as a percentage of the rent or Location Fees set by Hosts, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, "Occupancy Taxes").
In certain jurisdictions, SnapScout may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from Guests on behalf of and in-lieu of Hosts, if such tax jurisdiction asserts SnapScout or Hosts have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate collection and remittance of Occupancy Taxes, whether you are a Photographer or filmmaker or Host you hereby instruct and authorize SnapScout Payments to collect Occupancy Taxes from Guests on behalf of and in lieu of Hosts at the time Location Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When SnapScout facilitates collection or remittance of Occupancy Taxes in a jurisdiction for the first time, SnapScout will provide notice to existing Hosts with Listings for Locations in such jurisdictions. The amount of Occupancy Taxes collected and remitted through facilitation by SnapScout, if any, will be visible to and separately stated to both Guests and Hosts on their respective transaction documents. Guests and Hosts agree that in any jurisdiction where SnapScout facilitates collection and remittance of Occupancy Taxes on behalf of and lieu of Hosts, such Hosts are not permitted to also collect and/or remit such taxes on any portion of the Location Fees. Hosts and Guests acknowledge and agree that in some jurisdictions, SnapScout may not be able to facilitate collection and remittance of Occupancy Taxes. In any jurisdiction in which we have not provided notice of, or are not facilitating collection and remittance of Occupancy Taxes to the Tax Authority in your jurisdiction, Hosts and Guests remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Locations. For any jurisdiction in which we facilitate collection and remittance of Occupancy Taxes, Hosts and Guests expressly grant us permission to transfer data and other information relating to Occupancy Taxes, if any, collected and remitted relating to your transactions.
Whether you are a Photographer or filmmaker of Host, you agree that any claim or cause of action relating to collection and remittance of Taxes shall not extend to any supplier or vendor that may be used by SnapScout in connection with collection and remittance of Occupancy Taxes, if any. Guests and Hosts agree that we may seek additional amounts from you in the event that the Taxes collected or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by SnapScout Payments from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
Damage to Locations
As a Photographer or filmmaker you are responsible for leaving the Location in the condition it was in when you arrived. You acknowledge and agree that, as a Photographer or filmmaker you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Location. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in your SnapScout Account. SnapScout also reserves the right to charge the credit card on file in your SnapScout Account, or otherwise collect payment from you and pursue any avenues available to SnapScout in this regard, including using Security Deposits, in situations in which you have been determined, in SnapScout’s sole discretion, to have damaged any Location, including, but not limited to, in relation to any payment requests made by Hosts under the SnapScout Host Guarantee, and in relation to any payments made by SnapScout to Hosts. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Location to the applicable Host or to SnapScout (if applicable).
Both Guests and Hosts agree to cooperate with and assist SnapScout in good faith, and to provide SnapScout with such information and take such actions as may be reasonably requested by SnapScout, in connection with any complaints or claims made by Members relating to Locations or any personal or other property located at an Location (including, without limitation, payment requests made under the SnapScout Host Guarantee) or with respect to any investigation undertaken by SnapScout or a representative of SnapScout regarding use or abuse of the Site, Application or the Services. If you are a Photographer or filmmaker upon SnapScout’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Host, at no cost to you, which process will be conducted by SnapScout or a third party selected by SnapScout, with respect to losses for which the Host is requesting payment from SnapScout under the SnapScout Host Guarantee.
If you are a Photographer or filmmaker you understand and agree that SnapScout reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Location or any personal or other property located at an Location (including without limitation amounts paid by SnapScout under the SnapScout Host Guarantee). You agree to cooperate with and assist SnapScout in good faith, and to provide SnapScout with such information as may be reasonably requested by SnapScout, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as SnapScout may reasonably request to assist SnapScout in accomplishing the foregoing.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, permits, licenses and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
violate any local, state, provincial, national or other law or any order of court including but not limited too photography or film permits and licensing requirements;
use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an SnapScout Photographer or filmmaker or Host;
offer, as a Host, any Location that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Locations as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
offer, as a Host, any Location that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
register for more than one SnapScout Account or register for an SnapScout Account on behalf of an individual other than yourself;
unless SnapScout explicitly permits otherwise, request or book a stay at any Location if you will not actually be staying at the Location yourself;
contact a Host for any purpose other than asking a question related to a booking, such Host’s Locations or Listings;
contact a Photographer or filmmaker for any purpose other than asking a question related to a booking or such Guest’s use of the Site, Application and Services;
recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to SnapScout, without SnapScout’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content to find a Host or Photographer or filmmaker and then complete a booking of an Location independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to SnapScout’s provision of the Services or for any other reasons;
as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, SnapScout’s name, any SnapScout trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without SnapScout’s express written consent;
access, tamper with, or use non-public areas of the Site, Application or Services, SnapScout’s computer systems, or the technical delivery systems of SnapScout’s providers;
attempt to probe, scan, or test the vulnerability of any SnapScout system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SnapScout or any of SnapScout’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
SnapScout has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
SnapScout may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against SnapScout or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the SnapScout Host Guarantee (see http://www.SnapScout.com/terms), (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of SnapScout , its users, or members of the public . You acknowledge that SnapScout has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. SnapScout reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that SnapScout, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of SnapScout and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Subject to your compliance with these Terms, SnapScout grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. SnapScout reserves all rights in the Application not expressly granted to you by these Terms.
SnapScout Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, SnapScout grants you a limited, non-exclusive, non-transferable license, to (i) access and view any SnapScout Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by SnapScout or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to SnapScout a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. SnapScout does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to SnapScout the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or SnapScout’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
COPYRIGHTS AND USE OF PHOTOGRAPHS
Photographers, Filmmakers, Models and Property Owners acknowledge and agrees that SnapScout may use any Photographs or videos uploaded to snapscout.com for the purposes of promoting SnapScout inc and or it’s affiliate companies present or future, SnapScout will do it’s best to give credit on all photo’s where Applicable or possible, by identifying the Photographer, filmmaker or model by him/ her real name company name or social media name. The Photographer, Filmmaker, Model and Property Owner hereby releases and holds SnapScout harmless from and against all claims, suits, threats, demands, liabilities, actions and causes of action, in any way related to the Photographs and Video’s or the SnapScouts use of the Photographs and videos including but not limited to actions based upon invasion of privacy, violation of moral rights, defamation, false light, and all other potential legal theories of any nature or type, under and state, federal or local common law, statutory law, rule, regulation or court order, whether now known and available or whether later developed, discovered or created. The Photographer, Filmmaker, Model and Property Owner represents and warrants that he/she is over the age of majority in the state in which this Release is executed and that the Photographer, Filmmaker, Model and Property Owner has full power and authority to execute this Release. No other party has any interest or right in and to the Photographs, Video’s or the exploitation thereof by SnapScout. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supercedes and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified or amended only in a written agreement that is duly executed by authorized representatives of the parties. If any provisions hereof are deemed to be illegal or unenforceable by a court of competent jurisdiction, the enforceability of effectiveness of the remainder of the Agreement shall not be effected and this Agreement shall be enforceable without reference to the unenforceable provision. No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that SnapScout is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SnapScout of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of SnapScout used herein are trademarks or registered trademarks of SnapScout. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
SnapScout respects copyright law and expects its users to do the same. It is SnapScout’s policy to terminate in appropriate circumstances the SnapScout Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and SnapScout Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your SnapScout Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your SnapScout Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your SnapScout Account, your Member Content, or receive assistance from SnapScout Customer Service, (b) any pending or accepted future bookings as either Host or Photographer or filmmaker will be immediately terminated, (c) we may communicate to your Guests or Hosts that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Locations with other Hosts that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your SnapScout Account. You may cancel your SnapScout Account at any time via the “Cancel Account”. Please note that if your SnapScout Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SNAPSCOUT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SNAPSCOUT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SNAPSCOUT MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY LOCATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SNAPSCOUT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, LOCATIONS, YOUR ACCRUAL OF SNAPSCOUT TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SNAPSCOUT OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT SNAPSCOUT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY LOCATIONS. SNAPSCOUT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SNAPSCOUT. NOTWITHSTANDING SNAPSCOUT’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, SNAPSCOUT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PHOTOGRAPHER OR FILMMAKER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY LOCATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SNAPSCOUT WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SNAPSCOUT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY LOCATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SNAPSCOUT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE SNAPSCOUT HOST GUARANTEE, IN NO EVENT WILL SNAPSCOUT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY LOCATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY LOCATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A PHOTOGRAPHER OR FILMMAKER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY SNAPSCOUT TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SNAPSCOUT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold SnapScout and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Location, or (iii) creation of a Listing; (d) the use, condition or rental of an Location by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Location; and (e) your participation in the Referral Program or your accrual of any SnapScout Travel Credits.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to SnapScout by contacting us with your police station and report number at terms@SnapScout.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between SnapScout and you regarding the Site, Application, Services, Collective Content, Referral Program, and any bookings or Listings of Locations made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SnapScout and you regarding bookings or listings of Locations, the Site, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without SnapScout’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. SnapScout may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by SnapScout (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
You and SnapScout agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and SnapScout are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and SnapScout otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and SnapScout otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SnapScout submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. SnapScout will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, SnapScout will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if SnapScout changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to terms@SnapScout.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of SnapScout’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SnapScout in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of SnapScout to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SnapScout. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms or any App Store Sourced Application, please contact SnapScout at snapscout.com.