Terms of Service
SnapHaven, a service of Swiss Data Group AG, is here to provide you with a place to share, print, and, most importantly, save your photos safely and permanently. In order to register for this service, you must agree to the Terms stated below. As long as you don't violate them, we promise that we will NEVER delete your photos. If you do not agree with these Terms or do not understand them, please do not register for this service.
1. Description of Service
Once we accept your registration, SnapHaven will provide you with the following services: long-term off-site image storage and management, private online image sharing, and additional ancillary services such as album creation, printing and more.
In turn, you will be responsible for providing the following:
All equipment such as a computer and modem, necessary to access the Internet.
Connectivity to the internet
Payment of all fees associated with access to the Internet.
2. Conditions of Use
You are responsible for the content of the files and images you share, store and retrieve from your account. You will obey all applicable laws and regulations when using SnapHaven. You agree to the following rules:
You will NOT:
You WILL:
3. Registration Information and Credit Card Charges
All information you provide to SnapHaven when you register for the Service must be accurate and truly representative of your identity. (In other words, you may not provide fake information or use other people's information.) You must be authorized to use any credit card information you provide to us.
You agree to notify SnapHaven of any changes to your registration information such as your email address, or name. It is very important that we have current information on file to contact you so that we may inform you of any changes to your account and send you Confirmation Emails. Please know that we take your personal information and privacy very seriously. Read our to learn more.
4. Storage Space
When you buy a subscription at SnapHaven, you can save an unlimited amount of photos throughout the duration of your subscription, 1 year from the date of purchase. You have the option to save them in two sizes, Snapshot or Full Size. All photos saved using the Snapshot setting will be resized to maximum dimensions of 1200 x 1600 pixels, unless they are already that size or smaller. Photos saved using the Full Size setting will be saved at their original resolution. You agree that you will automatically be charged for the repurchase of the subscription plan you select after the duration of that subscription ends.
5. Use of IP Address
An IP address is a number automatically assigned to your computer whenever you connect to the internet. It acts as a unique identifier and allows certain general information to be collected such as location or servers being used. We may collect IP addresses for system administration, to audit the Service, and to improve your experience at SnapHaven. We will provide the appropriate authorities with relevant IP address information in response to law enforcement requests and we may internally use IPs to track and correlate certain actions of users who violate these Terms.
6. Accounts and Passwords
Once you agree to these Terms and we accept your registration, you'll be able to activate and use your account. In order to access your account you need to login with the email address and personal password you have provided to us. You are solely responsible for the confidentiality of your personal password. To ensure your password is secure, it must be a minimum of six (6) characters and we recommend that it contain both letters and numbers. If you have reason to believe someone might have accessed your account without your permission, please immediately.
7. Security of Your Photos
SnapHaven is designed to restrict access to your account to only those who know your password. However, we may need to access your account for support purposes. We may also access your account to verify that it's not being misused or being used to violate any of the rules outlined in Section 2 above. Only SnapHaven employees and agents are given access to your account on a strictly need-to-know basis. All SnapHaven employees and agents are bound by state-of-the-art confidentiality agreements for the protection of your privacy.
8. Content of Stored Pictures
You are solely responsible for (a) obtaining sufficient rights to the images you store on SnapHaven's servers, and (b) ensuring that these images don't violate the terms of Section 2 above. SnapHaven reserves the right to examine the content of your account if we have reason to believe it is being used to violate any of the rules Section 2. If you are found to be in violation of these rules, SnapHaven may refuse, remove, disable access to, and delete pictures without advanced notice to you.
9. The SnapHaven Guarantee
All Stored Pictures are protected under our exclusive Guarantee. We guarantee that all of your pictures will be stored safely and accessible to you within a reasonable timeframe for 99 years. (Please note that for purposes of this Guarantee, although we will make every effort to provide you with constant online access to all of your photos, "reasonable timeframe" shall be determined based on the status of our hardware infrastructure. Our storage system is rated for a minimum 98% uptime. However, because it is designed to withstand stresses beyond the capabilities of standard data storage systems, there may be instances where our system must recover from serious disruptions and this can involve retrieving your photos from our backup tapes, which may take a matter of weeks.)
We also promise that we will transfer a cash amount to the Foundation for Data Permanence (FDP) for every Stored Picture. We will make this transfer within 45 days after we send you the Confirmation Email for that photo. The cash amount transferred will be an amount that we estimate, in combination with investment earnings, to be necessary to pay the costs of storing that photo for 99 years.
The FDP will pay out periodic storage costs for all pictures covered by this Guarantee to SnapHaven as they come due. Should SnapHaven ever be unable to continue the Service, the FDP will attempt to find a suitable replacement in a reasonable timeframe so that your photos remain accessible to you until they are due to expire. Should the Picture Guarantee Foundation fail to find a suitable replacement, it will purchase the necessary equipment to provide the service itself.
If you believe one or more of your pictures are damaged or missing, please contact us immediately at .
10. Disclaimers of Warranties
The transmission, storage, sharing, viewing and retrieval of photos through the Internet are subject to a variety of conditions that may make these actions unreliable. Therefore, your use of SnapHaven and your account is at your own risk. Your account and the service are provided to you on an "as is" and "as available" basis. Except as specifically stated in our Guarantee, SnapHaven and its affiliates, licensors, advertisers, and suppliers disclaim all other warranties and conditions, arising in any way, with respect to your account and the service. This includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Other than our Guarantee, SnapHaven makes no other representation or warranty that the access to your account will be error-free, uninterrupted, or virus-free. You acknowledge that you submit images to SnapHaven at your own risk and that you alone will be responsible for any damage to your computer system and any loss of data on your own storage devices that results from using the Service.
11. Limitation of Liability
Except as specifically stated in our Guarantee, in no event will SnapHaven, its affiliates, licensors, advertisers, or suppliers have any obligation or liability to you for the cost of procurement of substitute services or for any indirect, incidental, special, exemplary or consequential damages, including, without limitation, any loss of revenue or profits or business interruption, or other loss arising out of your use of your account or any of SnapHaven's functions or services. In no event will the total liability of SnapHaven, its affiliates, licensors, advertisers or suppliers arising out of or in relation to this Agreement exceed the amount of our Guarantee.
12. Indemnification
You will defend, indemnify, and hold SnapHaven, its parent, subsidiaries, affiliates, agents, officers, directors, and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use of your account or the Service, (b) any photos stored by you in your account and otherwise on the SnapHaven servers, and (c) any violation of this Agreement by you.
13. Termination
This Agreement lasts for 99 (ninety-nine) years. If you comply with these Terms, SnapHaven will never willingly terminate it within that period. You shouldn't enter into this Agreement if the payment of the costs for the services of SnapHaven could cause financial problems to you or your dependents. If SnapHaven has evidence that you have violated any of these Terms, we may immediately suspend or terminate your account. If we do, SnapHaven will send you an email notifying you of the violations that led to your account's suspension or termination. We will then lock your account and we may remove and/or delete photos stored by you on SnapHaven's servers.
14. Notices
Any notice SnapHaven gives to you under this Agreement will be considered properly given if sent by email to the email address on your My Profile page. It is important that you maintain a correct, working email address and update it as necessary, to allow SnapHaven to communicate with you.
Any notice you give to SnapHaven under this Agreement will be considered properly given if received by email at SnapHaven's Customer Service at . If you contact us to terminate your account, we will require that you provide us with certain information to confirm your identity for security reasons. When your account is cancelled, either by you or by SnapHaven due to a violation of these Terms, your account will be locked and we may remove and/or delete photos stored by you on SnapHaven's servers.
15. Severability
This Agreement will be enforced to the fullest extent permitted by the law. If for any reason any parts or sections of this Agreement are held to be invalid or unenforceable under applicable law to any extent, then (a) such parts will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such parts and (b) such invalidity or unenforceability will not affect any other parts of this Agreement.
16. Modification to this Agreement
All Stored Pictures are subject to the Terms in effect at the time we send you the Confirmation Email for those pictures. Under no circumstances will we change any of these Terms to apply retroactively to pictures that are already uploaded to your account. Except as described above, SnapHaven may change these Terms from time to time. We will notify you of any such changes in accordance with Section 14 above and post an updated version of this Agreement at SnapHaven.
17. Miscellaneous
Your right to use the Service is personal to you or designated beneficiaries, and you will not otherwise assign any of your rights, obligations or interest in this Agreement or your account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties, which are obliged to assign their obligations under this Agreement to any successor in law. SnapHaven's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. The laws of Switzerland, without regard to its conflict of laws or rules, will govern this Agreement. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.
No party shall be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent that such default or delay is from causes outside the reasonable control of a party. Such causes may include fire, flood, earthquake, natural disasters or acts of God, terrorist acts, riots, civil disorders, government action, or the like (collectively, "force majeure"), provided the non-performing party is without fault in causing such delay or default.
The court at the registered office of Swiss Data Group AG in Switzerland shall have exclusive jurisdiction and venue for any and all claims arising out of or in connection with this Agreement.
