End User License Agreement
EFFECTIVE AS OF JAN 01, 2024
INTRODUCTION
This End User License Agreement (“EULA or “Agreement”) is a legally binding Agreement
between you and Work Smart LLC and its affiliates (collectively, the “WORK SMART LLC”),
which shall govern your access and use of SnapMug (the “SnapMug”).
You will be availed of the opportunity to use SnapMug through the following options:
(i) Music streaming and video creative challenge service in other social media platforms
through links provided by SnapMug, including without limitation Ad-supported Free
Streaming Service and Paid Subscription Service;
(ii) Artist Promotion/ Advertisement service; and
(iii) Such other services as may be available on SnapMug from time to time.
(collectively referred to as the “SnapMug Service”).
**Please note that you must read through carefully and agree to the terms and conditions provided
in this Agreement before using the SnapMug Service. If you do not agree to the terms and
conditions contained herein, please understand that you may not access or use the SnapMug
Service**
By accessing or using the SnapMug Service, you confirm that you form a binding contract with
WORK SMART LLC, you accept and consent to this EULA and that you agree to comply with
the EULA. You also agree to ensure that anyone who uses the SnapMug Service on your device
also strictly abides by and adheres to this EULA.
If you are in a jurisdiction where SnapMug Service is illegal, unauthorized, or penalized, please
note that you are strictly prohibited from using the SnapMug Service. If you do not agree to this
EULA or wish to comply with it, you must not access or use the SnapMug Service.
THIS EULA FULLY INCORPORATES BY REFERENCE:
A. THE PRIVACY POLICY; AND
B. ALL OTHER POLICIES AND GUIDELINES OF SNAPMUG SERVICE.
Your Account
You may either access the SnapMug Service as a visitor or by registering an account (“Account”).
Please note, however, while you access the SnapMug Service as a visitor, you will only be able to
access the basic features of the SnapMug Service and will not be able to access certain advanced
features, including but not limited to streaming. While you desire to access both the basic and
advanced features of the SnapMug Service, you must first register with SnapMug to create anAccount. By creating an Account either directly or through a third party such as Facebook, Twitter,
Apple or Google, you represent and confirm that any registration information you submit to
SnapMug is true, accurate, current and complete and that if there be any subsequent changes
thereof, you will update your registration information accordingly.
As part of the registration process, you will be asked to provide personally identifiable information
such as your name, email address, age, postal mailing address, mobile telephone number, gender
and other demographic information (collectively, “Personal Data”), as well as asked to select a
password and User Name. You represent and warrant that Personal Data is accurate and true.
If any Personal Data or registration information you have provided is determined by WORK
SMART LLC, in its sole discretion, to be untrue, inaccurate, not current, incomplete, offensive,
misleading or designed to deceive, or if WORK SMART LLC, in its sole discretion, believes it
has a basis to suspect that such is the case, WORK SMART LLC reserves the right to immediately
suspend or terminate your Account, either with or without notice to you and to refuse to grant any
and all current or future access and use of the SnapMug Service (or any portion thereof) and/or
any benefit to which you may be entitled through your access and use of the SnapMug Service.
SnapMug reserves the right to immediately terminate your Account, or suspend your access to
your Account, without notice, for conduct that WORK SMART LLC believes, in its sole discretion,
is illegal or inappropriate including but not limited to sharing of offensive or illegal content, using
the SnapMug Service in any manner which may be harmful to other users, third parties or to the
SnapMug Service, being investigated by a lawful authority or any other circumstance WORK
SMART LLC considers appropriate to terminate or suspend your Account.
***Please note that the use of your Account for any illegal, fraudulent or abusive purposes may
be referred to your local law enforcement authorities without notice to you.
By registering an Account and accessing the SnapMug Service, you are indicating that you have
read and agree to this EULA and its all terms and conditions thereof, and you further acknowledge
and agree that you understand how and under what circumstances the personal information you
provide will be used.
You also agree to receive marketing promotions, and other solicitations from SnapMug, its
advertising partners and/or other third-party advertisers (collectively, “Sponsors”) based on the
information you provided and expressly agree to be contacted by any such Sponsors.
You are not obligated to opt-in to receive any Sponsor offers when you participate in the SnapMug
Service. However, if you choose to opt-in to receive any Sponsor’s offer(s), you understand and
agree that such Sponsor may contact you using the registration information you provide to WORK
SMART LLC, including without limitation, by telephone or email, pursuant to the terms and
conditions of this EULA.
Agreement Review and NoticesWORK SMART LLC may choose to review this Agreement in its sole discretion from time to
time. Any changes will be communicated to you by us posting the new version of the Agreement
within the SnapMug Service or as otherwise determined by WORK SMART LLC in its sole
discretion. It is your responsibility to remain informed of any changes, because you are legally
obligated to abide by the latest version of the Agreement. Your acceptance of and / or continued
use of SnapMug or the SnapMug Service after the date of the new Agreement will constitute your
acceptance of such changes. You may also be asked to re-acknowledge or re-accept the new
Agreement following any material changes.
User Eligibility
SnapMug and the SnapMug Service are only for people thirteen (13) years old and over.
By using the Services and/or creating an Account, you represent that you have the legal capacity
to enter a contract in the jurisdiction where you reside. If you are under the age of eighteen (18),
or are considered as a minor in your jurisdiction, or under guardianship, you confirm that you had
the parental or legal guardian consent for accessing or using SnapMug and the SnapMug Service,
and are fully able and competent to enter into, abide by, and comply with the Agreement. If a valid
and legitimate user allows his/her minor to access his or her personal Account, the user will be
fully responsible for any conduct of his/her minor.
Purchase of Virtual Items
You may be availed of the opportunity, at your discretion, to make in-app purchases of virtual
items including but not limited to premium features and other benefits. If such services are
available in your jurisdiction, the specific terms and conditions of purchase per item will be stated
within the SnapMug Service.
If you choose to purchase such virtual items within the SnapMug Service, you will be charged
accordingly.
WORK SMART LLC reserves the right to set or change the price for both virtual items from time
to time at its sole discretion.
Please note that the Daily and Weekly Subscription options are both one-off subscriptions and will
not automatically renew upon the expiration of the subscription term unless the user subscribes
again.
Cached Content
The “offline mode” of the SnapMug Service permits you to stream temporary copies of certain
content based on your mode of access to the SnapMug Service. These contents will be located in
the “Library” within the SnapMug Service.
User-Generated ContentYou could upload or create user-generated content within SnapMug Service (including, but not
limited to, Streaming and creating Challenges/ creative videos, etc.) only if You accept and consent
to this EULA and that you agree to comply with the EULA. You acknowledge that inappropriate
content is prohibited within SnapMug Service, including but not limited to content that contains:
(1) sexual content and profanity; (2) hate speech; (3) violence; (4) terrorist content; (5) dangerous
movements and organizations; (6) bullying and harassment; (7) dangerous products; (8) marijuana;
(9) tobacco and alcohol. WORK SMART LLC reserves the right to take action against
inappropriate content within SnapMug Service including not limited to immediately deleting the
inappropriate content, and suspending Your account.
Restrictions regarding your use of the SnapMug Service
You acknowledge that all content and works published and provided by WORK SMART LLC
within the SnapMug Service (including, but not limited to, audio files and streams, audio-visual
and video files and streams of text, images, illustrations, etc.) are owned or controlled by WORK
SMART LLC, its subsidiaries and/or affiliated companies or third-party providers or licensors,
and shall be referred to herein as “Materials”.
The Materials contain and/or comprise copyrighted or other proprietary subject matter, and your
use of them is governed by this EULA, certain other policies and agreements, and applicable laws.
Further, the third-party providers and licensors of the Materials have reserved all rights, including
without limitation all applicable rights relating to their Materials, as they may prescribe from time
to time. Your use of the Materials is subject to the following prohibitions and restrictions:
(i) You may not copy, reproduce, upload, export, transfer, sell, forward, share with others or
transmit the Materials in any way unless specifically authorized by WORKSMART LLC;
(ii) You may only utilize the Materials for specific personal and non-commercial entertainment
purposes and/ or creating video challenges for rewards within SnapMug;
(iii) you are not granted any commercial exploitation right which includes but is not limited to sale,
resale, reproduction, distribution or promotional use rights for the Materials;
(iv) You are prohibited from making modifications, alterations, adjustments, change, adaptation,
improvement, refinement, revisions to the Materials or creating derivative works based on the
Materials, as well as using the Materials on any networked computer environment or other
websites;
(v) You are prohibited from making any use of the Materials that would infringe the copyrights
therein;(vi) You must comply with all applicable laws in your use of the Materials and agree to protect
any third-party licensor’s rights therein;
(vii) You are prohibited from making any unauthorized reproduction or distribution of Materials
that violates applicable law;
(viii) You agree and accept that these usage restrictions may be enforced through technological
means via applicable security solutions;
(ix) All rights not expressly granted to you in this EULA are reserved to WORK SMART LLC
and/or its licensors; and
(x) WORK SMART LLC (for itself and for the Materials’ owners) reserves the right to enforce
these usage rules and restrictions with or without notice to you.
Term and Termination of Agreement
The term of this Agreement, in relation to you, will commence when you create a SnapMug
Account or when you start using the SnapMug or the SnapMug Service and will remain effective
until terminated by you or SnapMug. You may cancel your subscription of the SnapMug Paid
Subscription Service at any time by visiting your subscription page which termination shall have
effect at the expiry of the then-current subscription period that you have already paid for. WORK
SMART LLC will not refund any remaining portion of subscription fees you have already paid
for. WORK SMART LLC reserves the right to terminate this Agreement or suspend your
SnapMug Account at any time in case of unauthorized, or suspected unauthorized use of SnapMug
or the SnapMug Service whether in contravention of this Agreement or otherwise. If WORK
SMART LLC terminates this Agreement, or suspends your SnapMug Account for any of the
reasons set out in this section, WORK SMART LLC shall have no liability or responsibility to you,
and WORK SMART will not refund any amounts that you have previously paid.
Exclusion of Warranties
YOU ACKNOWLEDGE AND AGREE THAT SNAPMUG, THE MATERIALS AND THE
SNAPMUG SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOU
ACCESS THEM AT YOUR OWN RISK.
IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
(i) OUR USE OF SNAPMUG, SNAPMUG SERVICE OR THE MATERIALS WILL MEET
YOUR REQUIREMENTS;
(ii) YOUR USE OF SNAPMUG, SNAPMUG SERVICE OR THE MATERIALS WILL BE
UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;(iii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF
SNAPMUG, SNAPMUG SERVICE OR THE MATERIALS WILL BE ACCURATE OR
RELIABLE; AND
(iv) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
PROVIDED TO YOU AS PART OF SNAPMUG, SNAPMUG SERVICE OR THE
MATERIALS WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED
TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR
CONFORMANCE WITH DESCRIPTION) APPLY TO SNAPMUG, SNAPMUG SERVICE OR
THE MATERIALS EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN
THIS AGREEMENT.
TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WORK SMART LLC
DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND
AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF SNAPMUG, THE
MATERIALS OR SNAPMUG SERVICE OR WARRANTY OF TITLE OR NON-
INFRINGEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
WORK SMART LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF
PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS
INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE SNAPMUG
OR SNAPMUG SERVICE (INCLUDING BUT NOT LIMITED TO THE MATERIALS), EVEN
IF YOU HAVE ADVISED WORK SMART LLC ABOUT THE POSSIBILITY OF SUCH LOSS,
AND INCLUDING ANY DAMAGES RESULTING THEREFROM.
Your only right with respect to any problems or dissatisfaction with SnapMug, the SnapMug
Service, or the Materials is to uninstall SnapMug and to stop using the SnapMug Service. You
acknowledge and agree that in no event will WORK SMART’s total liability to you in connection
with this Agreement exceed the total amount paid by you for the SnapMug Service (if any).
Third Party Content and Links to Third Party Sites
Within the SnapMug Service, you will find links which may let you leave the SnapMug. These
links are provided as a courtesy only, and the sites they link to are not under the control of WORKSMART LLC in any manner whatsoever. Therefore, WORK SMART LLC is in no manner
responsible for the content of any such linked site(s) or any link contained within a linked site,
including any changes or updates to such site(s). You acknowledge that WORK SMART LLC is
providing these links merely as a convenience, and the inclusion of any link does not in any way
imply or express affiliation, partnership, endorsement nor sponsorship by WORK SMART LLC
of the site(s) and/or any of the content therein.
You understand that all third party content, including, without limitation all advertisers, marketers
and other third party offers, data, links, articles, search results, graphic or video messages and all
information, text, software, music, sound, graphics or other materials made available or accessible
through SnapMug, Materials and SnapMug Service (collectively, “Third-party Content”), whether
publicly available or privately transmitted, is the sole and exclusive property of such third parties,
each of whom assumes complete responsibility for the Third-party Content they have created.
WORK SMART LLC has and accepts no responsibility for and does not endorse nor control such
Third-party Content. This means that you, and not WORK SMART LLC, are entirely responsible
for all Third-party Content that you upload, download, post, email, transmit or otherwise make
available via SnapMug or the SnapMug Service.
WORK SMART LLC does not guarantee the accuracy, integrity nor quality of such Third-party
Content. You understand and agree that by accessing and using SnapMug, Materials and SnapMug
Service, you may be exposed to Third-party Content that may be offensive, indecent, infringing,
hazardous, illegal or objectionable in your community. You agree to assume and accept all risks
associated with the use of any Third-party Content, including any reliance on the accuracy or
completeness of such Third-party Content. You agree that you must evaluate, and bear all risks
associated with, the use of any Third-party Content, including any reliance on the accuracy,
completeness, or usefulness of such Third-party Content.
You acknowledge that you may not rely on any Third-party Content submitted to WORK SMART
LLC including, through the SnapMug Service. Under no circumstances will WORK SMART LLC
or its licensors be liable in any way for any Third-party Content, including, but not limited to, any
errors or omissions in any Third-party Content or any loss or damage of any kind incurred as a
result of the access and use of any Third-party Content posted or transmitted via the SnapMug
Service. By accessing and using the SnapMug Service, you understand, acknowledge and agree
that you may be subject to various risks, including, without limitation, the exposure of data you
have downloaded or have offered to share, and that you assume and accept all such risks as solely
your risks and responsibility.
In addition, all Third-party Content made available or accessed through the use of the SnapMug
Service is the property of the applicable Third-party Content owner and may be protected by
applicable laws, including without limitation, those relating to Intellectual Property Rights.Prohibited Activities
Notwithstanding anything to the contrary in this Agreement, you are strictly prohibited from:
(i) Using SnapMug, Materials or SnapMug Service for any commercial purpose (only creative
challenges to get rewarded) or the benefit of any third party or any manner not permitted
by the license grant;
(ii) Using SnapMug, Materials or SnapMug Service to, or in any way that would, violate any
applicable laws, regulations or ordinances;
(iii) Removing any proprietary notices from SnapMug, Materials or SnapMug, Service or any
copies thereof;
(iv) Causing, permitting or authorizing the modification, creation of derivative works;
(v) Selling, assigning, renting, leasing, acting as a service bureau, or granting rights in
SnapMug, Materials or SnapMug Service, including, without limitation, through
sublicense, to any other entity without the prior written consent of WORK SMART LLC;
(vi) Translation, reverse engineering, decompiling or disassembling any software of SnapMug;
(vii) Accessing, creating or modifying source code related to SnapMug, Materials or SnapMug
Service in any way;
(viii) Collecting any information or communication about the users of the SnapMug, Materials
or SnapMug Service by monitoring, interdicting or intercepting any process of or
communication initiated by SnapMug, Materials or SnapMug Service or by developing or
using any software or any other process or method that engages or assists in engaging in
any of the foregoing;
(ix) Attempting to hack SnapMug, Materials or SnapMug Service or any communication
initiated by the SnapMug, Materials or SnapMug Service or to defeat or overcome any
encryption and/or other technical protection methods implemented by WORK SMART
LLC or its licensors with respect to the SnapMug, Materials or SnapMug Service and/or
data and/or content transmitted, processed or stored by WORK SMART LLC or other users
of the SnapMug, Materials or SnapMug Service;
(x) Taking any steps to interfere with or in any manner compromise any of WORK SMART’s
security measures; or
(xi) Using SnapMug, Materials or SnapMug Service to develop, generate, transmit or store
information that:
(a) infringes any third party’s intellectual property or other proprietary right;
(b) is defamatory or harmful; or
(c) in any way obstructs or otherwise interferes with the normal performance of another
person’s use of the SnapMug Software or Services, using any unlicensed or unauthorized
copies of the Materials and Software.
You acknowledge that WORK SMART LLC may be required to disclose information to third
parties asserting rights under the Digital Millennium Copyright Act and similar laws, and youexpressly authorize WORK SMART LLC to comply with any and all lawful notices, subpoenas,
court orders or warrants without prior notice to you. Except where WORK SMART LLC
specifically requests or solicits comments or submissions, WORK SMART LLC does not accept,
solicit nor consider any creative ideas, suggestions, comments or materials (collectively,
“Comments”) from the public.
If a Comment is received from you by WORK SMART LLC, you understand, acknowledge and
agree that:
(i) It may be utilized by WORK SMART LLC free of any right, claim, title or ownership
interest in the Comment(s),
(ii) You waive your right to assert any ownership right, claim, title and interest of any kind in
the Comment(s) (including, but not limited to unfair competition, Intellectual Property,
moral and/or similar rights or implied contract),
(iii) You hereby grant WORK SMART LLC a non-exclusive, perpetual, irrevocable,
worldwide license to the Comment(s) in every media and for every purpose now known or
hereinafter discovered, and
(iv) You waive the right to receive any financial or other consideration or remuneration in
connection with such Comment(s), including, but not limited to, attribution or other credit.
(v) You completely release WORK SMART LLC (and its subsidiaries, providers, licensors,
and affiliates and each of their officers, directors, agents, joint-ventures and employees) in
all respects from any claims, demands, actions, losses and other perceived, actual,
incidental, indirect, exemplary, special or consequential damages of every kind and nature
(collectively, “Claims”), known and unknown, suspected and unsuspected, disclosed and
undisclosed, foreseeable and unforeseeable, arising out of, relating to or in any way
connected with your unsolicited submissions, including, without limitation, all Claims for
theft of ideas or Intellectual Property Rights infringement by WORK SMART LLC.
End User Representations and Warranties
You represent, covenant and warrant that:
(i) You possess the legal right and ability to enter into this EULA and to comply with its terms;
(ii) You will use SnapMug, Materials or SnapMug Service for lawful purposes only and in
accordance with this EULA, other applicable policies and/or agreements and all applicable
laws, regulations and policies, including without limitation the Privacy Policy;
(iii) You will not attempt to decompile, reverse engineer nor hack website, or the SnapMug
Service nor to defeat or overcome any encryption and/or digital rights management
technology implemented by WORK SMART LLC with respect to the SnapMug, Materials
or SnapMug Service and/or data transmitted, processed or stored by WORK SMART LLC,
the SnapMug or the SnapMug Service;(iv) You will not attempt to tamper with, violate, breach, circumvent, disrupt, hack or in any
manner compromise any security measures employed by WORK SMART LLC or WORK
SMART’s providers and licensors to protect the content and files distributed within the
SnapMug Service, including, but not limited to altering, duplicating, transferring, deleting,
eliminating, manipulating or tampering with such files; and
(v) You will not take any steps to interfere with or in any manner compromise any of
SnapMug’s security measures.
We have zero-tolerance toward any objectionable or unlawful content and abusive users. We
reserve the right, at any time and without prior notice, to take down, remove or disable access to
content at our discretion for any reason including without limitation, if the content violates the
EULA or if we find the content is objectionable, unlawful or otherwise harmful to the SnapMug
Services or our users, and block access to and/or terminate the Accounts of any user who posted
objectionable or unlawful content.
Notification of Copyright Infringement
WORK SMART LLC does not take copyright infringement claims lightly and will investigate
notices of copyright infringement and take appropriate actions. If you believe that your work has
been used or copied in a way that constitutes copyright infringement and such infringement is
occurring on or through SnapMug, Materials or SnapMug Service, please notify WORK SMART
LLC
A notification of claimed infringement must be a written communication addressed to the
designated agent as set forth below (the Notice), and must include substantially all the following:
(i) a physical or electronic signature of the person authorized to act on behalf of the owner of
the copyright interest that is alleged to have been infringed;
(ii) a description of the copyrighted work or works that you claim have been infringed
(“infringed work”) and identification of what material in such work(s) is claimed to be
infringing (“infringing work”) and which you request to be removed or access to which is
to be disabled;
(iii) a description of the exact name of the file on SnapMug and the location of the file (if
available) that you claim is infringing; and
(iv) information sufficient to permit WORK SMART LLC to contact you, such as your physical
address, telephone number, and email address; a statement by you that you have a good
faith belief that the use of the material identified in your Notice in the manner complained
of is not authorized by the copyright owner, its agent, or the law; a statement by you that
the information in your Notice is accurate and, under penalty of perjury that you are the
copyright owner or authorized to act on the copyright owner’s behalf.The copyright agent should only be contacted if you believe that your work has been used or copied
in a way that constitutes copyright infringement and such infringement is occurring through
SnapMug, Materials or SnapMug Service.
Where a notice of copyright infringement has been made regarding any content within the
SnapMug Service, the disputed content may be taken down or pending until the resolution of the
claim/dispute.
For the avoidance of doubt, WORK SMART LLC shall not be liable for any infringing content
hosted or featured on SnapMug, Materials or SnapMug Service and the infringing party shall bear
full responsibility and liability for any claim of copyright infringement made.
Indemnity
You agree to indemnify, hold harmless and defend WORK SMART LLC, providers and licensors
of WORK SMART LLC, their successors, their affiliates, and each of their subsidiaries, officers,
directors, employees, advertising and promotions agencies, representatives or agents (collectively,
“Indemnified Parties”), at your sole expense, against any and all claims, actions, proceedings,
investigations, and lawsuits and all liabilities, damages, judgments, settlements, penalties, fines,
losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and other
dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your
(i) violation or breach of any term of this EULA or any policy or guidelines referenced herein,
including without limitation the Privacy Policy, or any applicable law;
(ii) use or misuse of SnapMug, Materials or SnapMug Service; or
(iii) infringement or the infringement by any other user through your Account of any
Intellectual Property Rights or other moral, privacy, publicity or similar rights of any
person or entity.
Trademarks
All trademarks, service marks, logos, trade names, and any other proprietary designations of
WORK SMART LLC or SnapMug used herein are trademarks or registered trademarks of WORK
SMART LLC or providers and licensors of WORK SMART LLC. Any other trademarks, service
marks and trade names are the trademarks or registered trademarks of their respective parties. You
may not copy, display or use any of these marks without prior written permission of the bona fide
originating mark owner.
Governing LawThis Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado, United States of America, without regard to its conflict of law principles.
Dispute Resolution
Any dispute, controversy, difference, or claim arising out of or relating to this Agreement shall be
resolved exclusively by the state or federal courts located in Denver, Colorado, United States of
America, and the parties irrevocably submit to the exclusive jurisdiction of such courts.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any request for arbitration, claim
or cause of action arising out of or related to the use of the SnapMug, Materials or SnapMug
Service or this EULA must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
Miscellaneous
WORK SMART LLC reserves all rights not expressly granted herein. WORK SMART LLC may
modify this EULA at any time for any reason, in its sole discretion, by posting the revised EULA
on SnapMug. You may not assign any rights granted to you hereunder. Nothing in this EULA shall
constitute a partnership or joint venture between you and WORK SMART LLC. Should any term
or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular
application, the remainder of this EULA shall nonetheless remain in full force and effect.
The failure of WORK SMART LLC at any time or times to require performance of any provision
hereof shall in no manner affect its right at a later time to enforce the same unless the same is
waived in writing. To the extent that anything in or associated with SnapMug, Materials or
SnapMug Service is in conflict or inconsistent with this EULA, this EULA shall take precedence.
If any terms contained herein conflict with the terms contained in any offer or elsewhere within
the SnapMug Service, these terms and conditions shall take priority and precedence.
This EULA and all documents relating hereto have been drafted and will be interpreted in English.
The rights and remedies granted to WORK SMART LLC under this EULA are cumulative and in
addition to, not in lieu of, any other rights and remedies which WORK SMART may possess at
law or in equity.
The terms set forth in this EULA and any agreements included or referred to in this EULA
constitute the final, complete and exclusive agreement with respect to SnapMug, Materials or
SnapMug Service and may not be contradicted, explained or supplemented by evidence of any
prior agreement, any contemporaneous oral agreement or any consistent additional terms. The
owners of the Materials are intended third-party beneficiaries of this EULA and shall have theright to enforce it against you. Upon termination, cancellation, suspension or expiration of this
EULA for any reason, you agree to cease all access and use of the Site, Software and Services.
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply:
By downloading SnapMug from Google Play, Apple App Store or any other application store
(each an “App Store”), you specifically acknowledge and agree that:
(i) To the extent of any conflict between (a) the Terms of Service, Terms of Use or such other
terms which the App Store designates as default end user license terms for such App Store
(all of which together are referred to as the “App Store Terms”); and (b) the other terms
and conditions in these Terms, the App Store Terms shall apply with respect to your use of
SnapMug that you download from such App Store.
(ii) You hereby acknowledge that the owner of the relevant App Store does not have any
responsibility or liability related to compliance or non-compliance by WORK SMART
LLC or you (or any other user) under this EULA or the App Store Terms.