Welcome to Sniplits!
SniplitsSM operates a website located at: http://www.sniplits.com (also referred to as “Sniplits” or “the website” or “the Sniplits website”) that provides a content, feature and activity rich destination for users who love stories. These “Terms of Use” (TOU) constitute a binding agreement and the only agreement between Sniplits and you governing your use of the website and its content. By visiting the website, you agree to be bound by all of the terms and conditions of the TOU, whether you are a “visitor” or are a registered “member” (meaning a visitor who has registered personal identifying information with Sniplits in order to participate in community discussions, contests and special events, visit author fan pages, and access specials, such as free and discounted stories).
If you do not agree to these terms, then please do not register for or enter the Sniplits website. Sniplits may modify the TOU at any time, without notice. We will post any changes to this page so we urge you to check the TOU regularly. You can review the most recent version of the TOU at http://www.sniplits.com/fineprint.jsp. If you continue to use the website after Sniplits makes any modifications to the TOU, it means that you agree to the TOU as modified. If you do not agree to any modifications to the TOU, you should immediately leave the Sniplits website.
The TOU is very serious to Sniplits as it relates to copyrights and to ensuring that the Sniplits website is a destination where users, content providers and service providers feel welcome, safe and protected. If we believe that you have breached the TOU, we may, without notice, suspend or terminate your ability to access the Sniplits website and/or any other service, content, products (digital and physical), courses or events, provided to you by Sniplits, including any personal website or webpage.
Registered Members
Each registered Member receives a unique name and password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your profile on Sniplits.com. You agree to immediately notify Sniplits of any unauthorized use of your password or account or any other breach of security. Sniplits cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
By registering at Sniplits, you agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Sniplits suspects that your registration information is not complete, current or accurate, or that you have otherwise violated the TOU, your account may be subject to suspension or termination, and we may delete anything you have posted, including but not limited to information about yourself, and you may be disqualified from using the Sniplits website.
Guests
If you would like to purchase products from Sniplits, but do not want to register for full Membership, you may register as a Guest. As a Guest, you will be able to purchase stories, gift certificates and merchandise, but you will not be able to visit the Author Fan Club pages or participate in the Member activities noted above.
Children and Young Adults
Sniplits is primarily intended for adults. The site contains “Adult” and “Mature” language, actions and storylines. Any registration with, use of, or access to the Sniplits website by anyone younger than 13 is unauthorized, unlicensed, and in violation of the TOU. While Sniplits publishes and sells some products categorized as “Tweens to Teens,” parents are responsible for determining if the Sniplits site, content and products are appropriate for their children under the age of 18.
Privacy Policy
Your use of Sniplits is subject to our Privacy Policy Sniplits will not otherwise use or disclose your personal information (such as your name, email address, password) without your consent except (i) as described in the Privacy Policy, or (ii) as required by law to be disclosed. The Privacy Policy does not protect information you post to any on-line bulletin board, chat room, newsgroup, or other public forum within our website. To view the Sniplits Privacy Policy, please visit http://www.sniplits.com/privacy.jsp
Content
The decision whether or not to accept a manuscript and publish a story on the Sniplits website, is made completely and solely by Sniplits editors. These decisions are subjective, but we do the best we can in trying to provide compelling, well-written work. Any story may contain language, actions, insinuations, implications and references which any individual Guest or Member might find unsettling or even offensive. Historical fiction, for example, may portray beliefs and employ language offensive to current sensibilities, but are true to the time period. Stories may lead to unexpected romantic pairings (including gay and lesbian relationships). And the squeamish should, by all means, avoid our horror stories. We will regret it, if you don’t like any story for any reason, but you must agree, by using the Sniplits website, that this is a risk you are willing to take. Sniplits cannot and does not bear responsibility for any reaction to a story by a Member, Guest, or third party. While Sniplits reserves the right to reject any story that its editors feel is hateful, pornographic, obscene, excessively violent, or otherwise inappropriate for the Sniplits website and brand, we also believe in and will support our authors’ right to tell their stories. Sniplits will not provide refunds for any story that has been successfully downloaded.
Copyright
Sniplits is the owner of this website as a whole, and of any individual content on the website that is provided by Sniplits staff, Authors, Artists or other contributors who provide work under contract with Sniplits. All Sniplits content is protected by copyright and other intellectual property laws of the United States and other countries. The Sniplits website may also contain content that is the property of others, such as individual contributors or experts; these works too are protected by copyright or other intellectual property laws. Except as specifically provided herein, no content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of Sniplits or their respective owners as provided herein. You may not add, delete, distort, or otherwise modify the content of this website. Any unauthorized attempt to modify any content, to defeat security features, or to utilize this site for other than its intended purposes, is prohibited.
Sniplits distributes audio stories without digital rights management technology. We do so for your convenience. Once you’ve purchased and downloaded a story, it’s yours to listen to on however many gadgets you own. Sniplits also allows you to share that story, in a limited fashion, according to the following restrictions and guidelines:
- You may email or otherwise share any Story that you have purchased from Sniplits, in its entirety, with up to 10 people.
- You may not upload to or otherwise share the audio file, digital file or any portion of the Story (in text or audio format) through any personal, community or business website, blog, on-line forum or use any other means to broadly distribute the Story. Sniplits defines “broadly” as distributing the story to more than 10 people. Why? Because while we love sharing a good story, we also believe authors should be paid for their work. This is important - if we find a Member is or has broadly distributed a Sniplits story, that member may have their Membership cancelled, be barred from the Sniplits website and face copyright litigation.
- You may add a link to the story’s location on the Sniplits website, to your personal website, community site, or to an email for distribution to more than 10 people. Sniplits reserves the right to ask you to remove the link if we determine that the site to which it is linked is inappropriate for Sniplits. For example, we’re not interested in seeing a link to Sniplits on any websites promoting hateful messages against any people because of their race, religious beliefs, or the like.
- You may not edit any story, or other Sniplits content.
- You may not use any Sniplits story or content for any commercial purpose.
- You may not claim any part of any Sniplits story or content as your own work.
Reliance on Advice, Information, and Products
Sniplits provides content and forums (such as Fan Pages) and enables the creation of other forums (such as chat groups) for the purpose of entertaining, informing and creating a community among Sniplits Members and Authors. You should not rely on information provided by Sniplits or any third-party to suggest an authoritative course of action, including but not limited to writing and publishing advice.
Content and Comments Posted by Sniplits Users
Sniplits is intended to be an Internet destination where individuals may exchange ideas, information and views related to the writing, understanding and appreciation of stories. Sniplits does not assume responsibility for nor endorse any materials posted by Members, Authors, or other third parties, including but not limited to ideas, suggestions, opinions, comments, audio, text, photographs or other images, music, sound, video, data, and messages. Sniplits makes no guarantee regarding the quality, accuracy or reliability of any content on the website. By using the website, you acknowledge that you will evaluate and assume any risks related to your use of any user content. All user content posted to this website is the sole responsibility of its original creator, and your sole recourse for any damage you may suffer as a result of user content shall be to such individual.
Sniplits does not claim any ownership rights in the user content, except where Sniplits has a separate and specific written contract for specific content with that content’s creator. Sniplits does not pay any fees, royalties, compensation, or other remuneration to any Member, Author, Artist or other content provider who is not under separate and specific contract with Sniplits for specific content.
A Member who posts user content that is not related to a separate and specific contract with Sniplits, retains all ownership rights and responsibilities. By posting user content to the Sniplits website, you expressly grant Sniplits a worldwide, royalty-free, and non-exclusive perpetual license to publicly display, use, reproduce, modify, create derivative works from, and distribute the user content in any form, in connection with the Sniplits website or other affiliated or related Sniplits ventures. This license is sub-licensable, so that Sniplits is able to use its affiliates and subcontractors such as Internet Content Delivery Networks to provide the Sniplits website and any other Sniplits service.
Other Parties and Websites
Sniplits, Authors and Members may provide links to various third-party service and product providers, as well as links to external websites, pages, blogs, communities and organizations. Such third-parties are not governed by the Sniplits TOU. Also, Sniplits does not review the content of such external sites and is not responsible for the quality of information or advice on any external website, page or other destination. These links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. If a link leads you to a site you believe inappropriate for Sniplits and its members, we would appreciate it if you would let us know. You acknowledge and agree that Sniplits is not responsible for the availability of external sites or resources and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Sniplits shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or alliance on any such content, goods or services available on or through any such site or resource.
Etiquette & Rules of Conduct
If you choose to join Sniplits as a Member, participate in any forum on the Sniplits website, or post user content on Sniplits webpages, we require that you adhere to generally accepted rules of etiquette and standards of behavior. You also agree to adhere to and abide by the “Rules of Conduct” listed below. You agree that if you post user content that contains adult, sexually explicit or violent references that you will mark the user content as such. (Example: Warning: adult or explicit material follows).
You acknowledge that Sniplits may not pre-screen user content, but that Sniplits and its designees shall have the right (but not obligation) at their sole discretion to pre-screen, refuse, move or remove any user content from the website, with or without notice.
Sniplits Rules of Conduct are pretty simple really, we expect you to respect Sniplits, its Authors, Members and other users. You will disagree with some of what you hear and read on this website, and that’s terrific. While many of our stories will be “pure” entertainment, others will and should challenge your beliefs, threaten your comfort, pull you into discussions, and even arguments. What we expect, is that you will be fair and honest in your communication, that you will be civil in your arguments, and that you will treat everyone you encounter at Sniplits with decency. Specifically, you also agree that:
- You will not post, email or otherwise transmit any user content that is libelous or defamatory, pornographic, unlawful or plagiarized. You must agree that you will not post stories, email, comments or otherwise transmit any user content that a reasonable person would consider hateful, harassing, abusive, threatening, mean, harmful, vulgar, profane, obscene, excessively violent, racially or ethnically objectionable, or offensive.
- You will not post, email or otherwise transmit any user content that constitutes a breach of any person’s privacy or publicity rights, including posting users’ telephone numbers, last names, or street addresses, or misrepresents facts.
- You must not harm minors in any way, or solicit personal information from anyone under age 18;
- You will not delete, add to or otherwise change other users postings, stories or other entries;
- You will not infringe on any patent, copyright, trademark, trade secret or property right;
- You will not use Sniplits or its content for any illegal purpose, and you will not post, email or otherwise transmit any user content that violates or encourages others to violate any law, statute, ordinance or regulation;
- You will not use any information or technology on Sniplits website to distribute or deliver unsolicited email or services to Sniplits users, or to deliver computer viruses, Trojan horses, worms, time bombs, cancelbots or any other similar programming routines, harmful or benign;
- You may not post or otherwise disseminate software or services that deliver unsolicited email to Sniplits users, or use Sniplits as a forwarding service to another website;
- You may not engage in commercial activities within the Sniplits website unless you have express written permission from Sniplits to do so, and you may not use any Sniplits content to engage in any commercial activity;
- You may not impede the service and products Sniplits provides to advertisers. You may not prevent the full and complete display of advertisements on Sniplits website by any means, including but not limited to making blog style changes, customizations, or overrides that effectively block or substantially impair the display of advertisements on pages within the Sniplits website;
- You may not exceed the scope of the services that you have signed up for, such as accessing features that you do not have the right to use;
- You will not allow anyone else to use your Sniplits account or membership in such a way that violates Sniplits TOU;
- You also agree that Sniplits has no responsibility or liability for the deletion or failure to store messages, stories, or any user content you create or otherwise provide;
Sniplits Groups and Forums
Registered users may be given the ability to create and maintain their own “Sniplits Group” within this website. A “Sniplits Group” or “Group” consists of Internet-based discussions and other functionalities that enable participants in the group to communicate with each other.
The Registered user who creates the Group is the “Group Manager” or “Moderator.” The Group Manager is asked to set a positive tone for the Sniplits Group, to abide by the Sniplits TOU in moderating the group, and to report to Sniplits any abuse or violation of the TOU. The Group’s home page must list the moderator’s user name and email link.
The Group Manager may:
- Decide group parameters, including whether access is restricted to certain individuals or accessible to the general membership, and has the ability to change that designation at any time;
- Remove any user content posted to the Group; and
- Transfer or delegate these decisions to another Registered user.
General Practices Regarding Use and Storage
Sniplits may establish, and change at any time, general practices and limits concerning the use of its website, including but not limited to:
- The existence and structure of Groups;
- The Groups in which you may participate;
- The files that may be uploaded or otherwise displayed or transmitted (photographs, audio stories, text stories, video, sound/music, graphics);
- The disk space (if any) that may be allotted to you on Sniplits’ server;
- The length of time that message board postings, stories or other uploaded content may remain retained and posted; and
- The number of times you may access a website, content, group or forum in a given period of time, as well as the length (time duration) of your visits.
Termination
Sniplits may immediately and without notice cancel your account and access to the website, Sniplits products and services. Reasons for such action include, but are not limited to:
- Breaches, violations, or noncompliance with the TOU
- Requests by law enforcement or other government agency
- Engagement by you in fraudulent or unlawful activities
- Fulfilling your request to cancel your Sniplits membership account
- Extended periods of inactivity on the account
- Your failure to pay any fees you owe for products or services
- Unexpected technical or security issues or problems
- Discontinuance of or significant modifications to the website
You agree that any termination decision will be made at Sniplits sole discretion, and that Sniplits shall not be liable to you or any third party for deleting information posted or otherwise disseminated by you from its website and servers.
Indemnity
You agree to indemnify and hold Sniplits and its subsidiaries, offices, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of or related to content you submit, post, transmit, or otherwise make available through the website, your use of the website or other Sniplits services, your connection to the website, your violation of the TOU, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SNIPLITS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSERS AND ASSIGNEES (INCLUDING SNIPLITS AUTHORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- SNIPLITS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND ASSIGNEES (INCLUDING SNIPLITS AUTHORS) MAKE NO WARRANTY THAT: (1) THE WEBSITE, STORIES, MERCHANDISE OR ANY OTHER PRODUCT OR SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (2) THAT THE WEBSITE WILL BE TIMELY, SECURE, OR ERROR-FREE OR THAT WEBSITE ACCESS WILL BE UNINTERRUPTED; (3) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (4) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY STORIES OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS ACCESSED SOLELY AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM, INCLUDING ANY DEVICE ON WHICH YOU ACCESS THE MATERIAL THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNIPLITS OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
- THIS WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIO-VISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, AND ARTICLES OR OTHER INFORMATION CREATED BY SNIPLITS OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
- INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY SNIPLITS AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SNIPLITS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS AND ASSIGNEES (INCLUDING AUTHORS), SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SNIPLITS HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE OR SNIPLITS.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ACCORDINGLY, SOME OF THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Notice
Sniplits may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the website.
Violations of These Terms of Use
Please report any violations of the TOU, including objectionable user content or behavior to: legal@sniplits.com. Please provide the reasons for your concern and a link to the content in question. Sniplits may, at its sole discretion, investigate the matter and take any action Sniplits deems appropriate.
No Waiver
Sniplits’ failure to exercise or enforce any right or provision of the TOU shall not operate as a waiver of such right or provision. This means that Sniplits may, at any time, choose to take an action that it is permitted or legally entitled to take, even if Sniplits has not taken such an action in the past in the same or similar situation.
Headings for Convenience Only
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Severability
If any provision of this TOU is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this TOU will remain in force.
Choice of Law and Forum
This TOU will be governed by the laws of the State of Illinois. Any dispute arising from the terms of this TOU or breach of this TOU will be governed by the laws of the State of Illinois and you agree to personal jurisdiction by the state and federal courts sitting in Northern Illinois.