Villkor och bestämmelser

Membership Terms and Conditions

Version: November 2016

Introduction

  1. Welcome to GOsnap! The following Membership Terms and Conditions (the “Terms and Conditions”) constitutes the Agreement (as defined below) between Splay AB, registered in Sweden with company registration no. 556909-3882 (”Splay”, “we”, “our” or “us”) and you (“you”, “your” or “Member”). For more information about Splay AB, please visit Splay’s website, www.splay.tv.
  2. By registering as a Member on www.GOsnap.co (the “Website”) you accept to follow (i) the Terms and Conditions, (ii) the Privacy Policy (see below), and (iii) the Instructions (see below); (i) – (iii) form part of the “Agreement”. It is therefore important that you carefully read the Terms and Conditions before registering. In addition to this Agreement special instructions will apply for each Promotion (the “Instructions”) and by participating in Promotions you will also be bound by the Instructions for each Promotion. You should also read our Privacy Policy that describes how we handle your personal information. By registering as a Member on the Website and accept these Terms and Conditions you also accept the Privacy Policy. If you have any questions about the Agreement, the Privacy Policy or the Instructions, please contact us at: info@gosnap.co.
  3. If you do not accept this Agreement, unfortunately you can not become a Member or use the Website. In addition, if you do not accept the Instructions applicable to a Promotion, you cannot participate in that specific Promotion.
  4. We have in these Terms and Conditions given some words a certain importance. It is shown by marking these words with a capital letter and in parenthesis with quotes like this: “Word”.

1. What is GOsnap for you?

1.1       We have developed GOsnap to enable for you as a Member to earn money by using your Instagram, Youtube and/or Twitter account when you participate in various Promotions. We call this the “Service”. As a Member we send you special invitations to various Promotions that Advertisers choose to carry out through Instagram, Youtube and/or Twitter and the Service. An “Advertiser” is thus the company behind a Promotion and a “Promotion” is the message that an Advertiser want to convey through the Service and Instagram, Youtube and/or Twitter, with your help. You participate in Promotions by following the Instructions and post pictures or videos on your Instagram account. Such pictures and videos are what we call “Promotional material”.

2. Your registration as a Member

2.1       A ”Member” is an individual or a company that has received an invitation from us and has registered on the Website for use of the Service. One requirement for registering as a Member is that you have an Instagram account and that you have registered your account on the Website. If you are an individual under 18 years old, you must obtain you parent’s permission to become a Member. If your parent or guardian wishes to contact us, please ask him/her to email us at info@gosnap.co.

2.2       When you register as a Member you must provide us with accurate, complete and current information about yourself. If we have reasonable cause to believe that you have given us incorrect, incomplete, false or outdated information, we have the right to terminate your Membership, account or prevent you from registering on the Website.

2.3       You are sole responsible for keeping secret and secure the data linked to your account on the Website for use of the Service (such as username and password). You should keep such information in a proper manner so that no unauthorized person can access it. You are responsible for all use, both your own and unauthorized, of your account for the Service, the Promotions and the Website. You must without delay inform us if you know or suspect that your account has been used by an unauthorized person. We may then request that you change your data linked to the account or we can terminate your account.

These security measures are important to us and we can therefore not assume responsibility for any damage, loss or harm caused if you do not follow the security measures.

3. Your payment for Promotion

3.1       At any Promotion we will inform you on the website about the payment you may be entitled to for participating in that Promotion. We will handle all collection of data and statistics for your payment.

3.2       We cannot pay you if you do not carry out the Promotion according to the Instructions and this Agreement. We can, for example, not pay you if we need to remove your Promotional material according to section 6.2 c) below.

3.3       You will receive your payment monthly in arrears, but not earlier than thirty (30) days after your registration as a Member on the Website.

3.4       We can only make a payment if you have provided us with accurate information about, for example, your bank account number. Normally, we make a payment to your personal bank account. If you are under 18 years old we can instead make the payment to your parent’s bank account (if you have provided that information to us on the Website).

3.5       The procedures for collection of taxes, fees and social security contributions may differ from country to country. You are responsible to comply with the local rules and laws regarding payment of taxes, fees and contributions related to for example social security in your country when using the Service. GOsnap do not bear any responsibility in this regard.

3.6       As a general rule and as between you and GOsnap, the following apply: 1) GOsnap is responsible for all taxes (if any) associated with the transactions between GOsnap and advertisers in connection with Promotions displayed on the Service; and 2) you are responsible for all taxes (if any) associated with your Promotions and use of the Services, other than taxes based on GOsnap’s net income. All payments to you from GOsnap in relation to the Services will therefore be treated as inclusive of tax (if applicable) and will not be adjusted. If you have any questions regarding your responsibility in this regard, please contact us at info@gosnap.co.

4. Rights

4.1       You own the rights to your Promotional material. By participating in a Promotion with your Promotional material, and in return for any payment you receive, you grant the Advertiser a non-exclusive license, transferable, sub-licensable and non-time-limited right to publish and use the same Promotional material on the Advertiser’s website and any promotional website, in presentations and in advertising portfolios for participation in promotional contests.

4.2       It is very important that your Promotional material is your OWN material. You may not use Promotional material that you did not create yourself, or that include materials that belong to others, such as pictures of or information about others without their permission. Therefore, you guarantee that you are the sole creator of the Promotional material and that you have all copyright, approvals, consents and licenses required to publish Promotional material in relation to a Promotion through the Service and to provide the license to Advertisers under section 4.1 above. You also guarantee that you have all consents from any participants in the Promotional material, for use in relation to a Promotion through the Service and for providing the license to Advertisers under section 4.1 above.

4.3       In addition to the license granted in section 4.1 above, you also consent to and grant us a similar right to use your personal information in promotional purposes towards existing and potential Advertisers (in addition to any Promotions that you may participate in). External promotions may include promotions on the Service’s Website(s) and any promotional website which we use or a partner use in relation to the Service, in presentations and in advertising portfolios targeted at Advertisers. Further information about the use of your personal information is further detailed in the Privacy Policy.

If you, for any reason, are not willing to participate in the above mentioned promotional engagements by the Service, please contact us at info@gosnap.co.

4.4       What we have agreed on in sections 4.1 – 4.3 above are so important to us that we require you to: (i) consent to our usage of our personal information in accordance with the above, and (ii) compensate us and relevant Advertiser(s) for any damage incurred due to claims made by any third party in relation to the Promotional material. In addition we withhold the right to terminate your Membership and account in accordance with sections 7.3 or 7.6 below.

4.5       We own the rights to the Service, the Website and all of their systems, programs, methods, documentation and the like. The Advertisers own the rights to the Promotions and to their names, logos and brands.

4.6       By becoming a Member and participating in Promotions you have the right to use the Service and the Website as necessary for you to participate in Promotions according to the Instructions and as provided in this Agreement, for as long as the Agreement is valid between us and you. You have no other right to use the Service, the Website, Promotions or parts thereof.

5. Our responsibilities

5.1       We operate the Service and the Website to the best of our abilities and strive to maintain a satisfactory level of them. However, it is not technically possible for us at all times to keep the Service and the Website entirely free of errors, viruses or other harmful content, and unfortunately it may sometimes be that they contain deficits in, for example, availability, functionality, accuracy, reliability or completeness. Of course we wish to address any deficiencies as soon as possible so that the Service and the Website are as good as they can be. Please contact us as at info@gosnap.co if you notice anything that seems inaccurate or malfunction.

5.2       In order to improve the Service and the Website, we must sometimes perform maintenance work and the like, although this may temporarily restrict your access to the Service and the Website. We cannot be responsible for any damage you may suffer if you do not get access to the Service because of outages or other disruptions, errors, incompleteness or unavailability of the Service or the Website.

5.3       We do not monitor or censor Promotional material before it is published and can consequently not take any responsibility for content or design of Promotional material, or its compliance with the Instructions or this Agreement. Yet, you agree that we may however monitor Promotional material after it is published and that we alone can, or may require you to, immediately remove or block Promotional material (for example by removing hash tags) which we in our sole opinion believe is not in line with the Agreement, the Instruction, Swedish or international law or regulation (as applicable), or otherwise may be deemed offensive, inappropriate or unsuitable. We do not assume any responsibility for any damage, loss or harm you might suffer for any actions taken by us in this regard.

5.4       We wish to make you aware that information and the Instructions provided by Advertisers may contain inaccuracies and that we do not make any prior assessment of the reliability or accuracy of such information. Consequently, we cannot take responsibility for any damage you may suffer because of: (i) your reliance on such information, (ii) Instructions provided by Advertisers or (iii) because of Promotional materials that you yourself post on your Instagram account. Please contact us at info@gosnap.co if you notice anything that is inaccurate.

6. Your responsibilities

6.1       We require you to use the Service, the Website and the Promotional material in a responsible and lawful manner that is consistent with this Agreement and the Instructions.

6.2 You are solely responsible for all Promotional material you post on your Instagram, Youtube and/or Twitter account and that it does not violate Swedish  or international law or regulation (as applicable), or Instagram, Youtube and/or Twitter’s user conditions. Promotional material may for example not contain, imply or include any of the following:

(a)        Criminal activity or incitement to crime;

(b)       Designation of other persons as criminals or otherwise defamatory;

(c)        Incitement to hatred or other statements that can be experienced as offensive, discriminative or derogatory toward groups of people based on for example ethnicity, sexual orientation, disability, etc.;

(d)       Insults, persecution, harassment, abuse or threats against individuals, companies or groups of individuals/companies, obscenities or offensive materials or otherwise incompatible with proper netiquette;

(e)        Breach of confidentiality or privacy;

(f)        Pictures of violence, child pornography, other pornography or sexual allusion;

(g)       Offers or gifts for sexual favors, pyramid schemes or the like;

(h)       Requests for piracy and/or sale/purchase of stolen goods as well as tips about cheating;

(i)        Spread of computer viruses, spam or similar;

(j)        Generation of traffic on social media, for example Instagram, by unfair practices, such as purchased followers, “likes” or the use of spiders or robots;

(k)       Publication or other use in violation of the Instructions, this Agreement, Swedish or international law or regulation (as applicable), or social media platform (for example Instagram) user conditions (as applicable);

(l)        Publication of material that you did not create by yourself and for which you do not have the right holder’s or participant’s permission to publish, or that may constitute a violation of anyone’s privacy or publication / use of another person’s personal information without permission; and

(m)      Disorder, injury or reduction of functionality or reputation regarding the Service, the Website, Promotion, Splay or Advertiser.

6.3       Promotional material (or its hash tags) that for example contains such elements as listed above under 6.2 b) above can immediately be removed or blocked by us, or we may require you to immediately remove such Promotional material. We take this very seriously and may not in all situations have the time to inform you before we remove or block such Promotional material. We do not assume responsibility for any damage, loss or harm that you might suffer for any actions taken by us in this regard.

6.4       You are solely responsible for your Promotional material and consequences of publishing Promotional material. We do not endorse any Promotional material or any opinion, recommendation or advice expressed therein, and we can consequently not be responsible for your Promotional material, neither to yourself nor to third parties.

7. Termination of Membership and account

7.1       You may at any time terminate your account by giving written notice to us via the Website.

7.2       After your membership has been terminated, we will pay any accrued amount, and not already paid, from Promotions within thirty (30) days from the date the account was terminated, provided that such amount is not less than fifty (50) EUR.

7.3       We have the right to immediately terminate your Membership and account if we have reasonable grounds to believe that your use of Instagram, YouTube and/or Twitter, the Service, the Website or participation in Promotions violates this Agreement, the Instructions, Swedish or international law or regulation (as applicable), or may otherwise be considered offensive, inappropriate or unsuitable or if you have caused harm to us or any Advertiser.

7.4       If you do not participate in any Promotion during six (6) consecutive months, your account will become inactive and we have the right to terminate the account.

7.5       If the Member’s account is terminated in accordance with either section 7.3 or section 7.4 above, you are not entitled to receive payment any outstanding accrued amounts as such amounts will belong to us.

7.6       We are entitled to terminate the Agreement and stop providing all or part of the Service, the Website and invitations to Promotions when we believe we have reasonable grounds for it. In such case, we will inform you of the termination of your account by e-mail or letter to the address you provided at registration. You may not use the Service, the Website or any part thereof after the termination of the Agreement or termination of your account.

8. Privacy

8.1       Both parties agree to keep this Agreement and the Instructions (such as terms of payment) as well as other information regarding the Service, the Website or Splay, secret, both during the time the Agreement is valid and for two (2) years thereafter. However, we may notify the Advertiser and potential Advertiser about the content of this Agreement, the Instructions as well as your statistics on Instagram along with the fact that you are a Member of the Service.

9. Personal information and cookies

9.1       Your personal information is handled in accordance with our Privacy Policy. There you will also find information about the use of cookies on the Website.

10. Amendments and Supplements to the Agreement

10.1     We may need to make amendments to this Agreement in the future, for example to take into account new legislation or changes in the Service. We strive to keep these amendments to a minimum. For each amendment made, we will inform you on the Website and also at the top of this Agreement. There you will also see what/which amendment(s) have been made and at which date. If you continue to use the Service and the Website after an amendment(s) in the Agreement occurred, you are also bound by such amendment(s).

11. Limitation of Liability and Compensation

11.1     We exclude any liability for any damage you may suffer as a result of the Service, the Website, Promotion or Promotional material or your usage thereof, and weather your usage of the Service would be considered to constitute marketing under the Swedish Marketing Act (2008:486) or any similar applicable law or regulation.

11.2     You are liable to us and Advertiser in respect of any damage, costs, losses and claims that we or Advertiser suffer, or that we are required to pay to the Advertiser or other, in connection with your unauthorized, false or derogatory use of the Service, the Website, Promotion, Promotional material or your breach of this Agreement, the Instructions or Swedish or international law or regulations (as applicable).

12. Employment relationship

12.1     This Agreement does neither constitute nor imply that any employment relationship exists between you and us. Consequently, we cannot pay you any vacation pay or sick pay, or provide you with a period of notice or other employment related rights.

13. Severability

13.1     Should any provision of this Agreement or any part thereof be found invalid, this will not affect any of the remaining provisions in the Agreement. Any invalid provision shall be replaced with a provision that to the greatest extent possible satisfy your and our purpose with the Agreement.

14. Assignment of rights and obligations

14.1     We have specifically selected you to be a Member of the Service and therefore you may not assign, transfer or otherwise dispose of your rights and obligations under this Agreement without our prior written consent. However, we may wholly or partially, assign, transfer or otherwise dispose of our rights and obligations under this Agreement to any third party.

15. Governing Law and Dispute Resolution

15.1     Swedish law shall govern this Agreement and any disputes between you and us. We wish preferably to try to resolve such disputes in good faith, but if we should not succeed, the dispute shall be finally settled in the general courts of Sweden with the Stockholm District Court as first instance.