The following are the Conditions of Use, Privacy Policy & Copyright Policy related to using the Snuko website, Snuko proprietary software and all other use related to the Snuko concept. Snuko makes information and products available on its web site, subject to the following conditions. By accessing this site and using our proprietary software and related services, you agree to these conditions. Snuko reserves the right to change these conditions, and the products, services, prices, and proprietary software programs mentioned at any time, at its sole discretion, without prior notice. Snuko reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.
This site includes information protected by the law of copyright and references to materials, equipments and private information belonging to other companies, which can only be used with the express approval of all the parties involved. Snuko is running this site with the purpose of informing, educating, communicating with, and protecting you. You are free to access this site anytime. You can download information from this site, but only for non-commercial purposes and only to use it for your own interest. Transmission, modification, reuse, reporting or using this information for public or commercial purposes without the written consent from Snuko is strictly prohibited. This information refers to: text, images, audio and video materials.The information included in this site may include technical inadvertencies or typing errors.This information can be changed without prior notice. Snuko reserves the right to make changes to its products and these terms and conditions at anytime and without prior notice.
Snuko is a trademark of Snuko UK Limited. All trademarks and product names are registered trademarks of their owner companies. Accessing and using this website has to follow the terms and conditions described below. By accessing and displaying this site you are implicitly and unconditionally agreeing with the following terms and conditions. Snuko intends to offer on this website information that is as current as possible, but does not offer any guarantees as to its accuracy. Snuko does not assume any responsibility for any error or omission from the content of this website. You are accessing this website at your own risk. Snuko or any other party involved in the design, development or delivery of this website are not responsible for any direct, incidental, indirect or deliberate damage caused by accessing this website. Snuko is also not responsible for any damage brought to your equipment, including virus infection, caused by accessing, using or displaying this website or by downloading any information, including software, text, images, video or audio materials from this website. Any communication or materials you transmit by means of this website, by downloading or e-mail or any other means, will be regarded as non-confidential and non-proprietary. This information can be used by Snuko for any purpose, including its reproduction, disclosure, transmission or publication. Furthermore, Snuko can use any idea, concept, know-how or technology included in any of your communications by means of this website for any purpose, including development or marketing its own products. Snuko did not verify all websites to which this website is linked and is not responsible for their content. Access to these sites is done at your own risk. You are not allowed to transmit through this site any illegal, defamatory, slanderous, threatening, obscene, scandalous, instigating, pornographic, profane materials or any other kind of material that constitutes or can be classified and/or understood as an offense against persons or organizations, involving civil liability or instigating to breaking state laws. Snuko reserves the right to revise these regulations at any time and without prior notice. To this end, we advise you to periodically visit this page to be acquainted with the legal terms and conditions regarding accessing, using and displaying the Snuko website, which you are obligated strictly to follow.
The Snuko logo is property of Snuko UK Limited. and is protected by the law of copyright and trademark. Use is permitted only under these specific terms: The Snuko logo can only be used as direct link to the home page of the Snuko website (www.Snuko.com and its affiliate sites) and for no other purpose. We deliberately state that the Snuko Logo cannot be used as link between the pages of another website without the prior written consent of Snuko. Also, the Logo cannot be used as link between the Internet pages of a different company. Delivery of the Snuko Logo to other persons of corporations is prohibited. The Snuko Logo cannot be modified in any way – including proportions, colors, constituent elements – and cannot be subject to any transformation, animation or any other processes. The Snuko Logo cannot be used on websites that discredit the Snuko name or that of Snuko products or services, infringe upon intellectual property or other Snuko rights, or violate the laws internationally or in specific national states. The Snuko Logo can only be used in a trustworthy manner and can only be associated with credible and verifiable information. Snuko reserves the right to approve or disapprove any use of the Snuko Logo to ensure its correct use. The pages where the Snuko Logo is used (with complete fulfilment of the above mentioned rules and regulations) must include direct links to information on legal terms for use of all logos included in the respective pages (terms similar to the ones included herein). Snuko does not offer any guarantees in relation to the use of the Snuko logo and cannot be involved in any way in lawsuits generated by its use without observing these rules. Snuko disapproves any unauthorized use of the Snuko logo and reserves the right to take legal proceedings against any party who, by such a use, has caused injury to Snuko.The Snuko Logo cannot be used in a prominent manner on any other website, excluding those which are Snuko property. The Snuko Logo cannot be shown in a larger size than the Logo of the company owning the 'host' website and also not in a small size, such as constituent elements loose their identity, as well as in places little visible on a web page: in areas next to down side edges of the web page. These conditions for using the Snuko Logo only apply to web pages and do not refer to using the logo in documents, on product packages, or inside other marketing materials. Use of the Snuko Logo for any other purpose is not permitted without Snuko’s prior approval. Snuko UK Limited. reserves the right to change the conditions of use for the Snuko Logo anytime and without prior notice.
Important – please read these terms and conditions carefully when you (hereafter, “you” or “your”) are ordering or accessing the listed services and/or software from Snuko UK Limited (hereafter, “Snuko”). These terms and conditions (“terms”) govern the use and licensing by Snuko of their proprietary software. When you purchase a Snuko product, you are essentially purchasing a license to use the product. In other words, Snuko continues to own the software but you, the end-user, are granted permission to use the software on a limited number of computers for the service/subscription period. By completing the electronic acceptance process, clicking the “submit”, “accept”, "buy now", or "download and install" buttons, signing, using any of the products or otherwise indicating your acceptance of these terms, you represent and warrant that you: (i) are authorized to sign for and bind yourself and any other party on whose behalf you use the service and/or software (the “contracting party”) and (ii) agree for yourself and the contracting party to be bound by all of these terms (including the disclaimer of warranty and limitation of liability sections set forth below) to the exclusion of any other rights and obligations, such as any rights, obligations or other terms listed on a purchase order or the like you, or the contracting party, may provide Snuko and you agree that any such rights, obligations or other terms listed on such purchase order or the like are hereby null and void. Snuko reserves the right, exercised in its sole discretion, to change, modify, add, or delete portions of these terms at any time in accordance with the procedures set forth below in the section labeled “modifications”.
You and/or the Contracting Party may be required to complete and submit a registration form (“Registration Form”). As part of this registration process, You and the Contracting Party agree to: (i) provide certain limited information about Yourself and the Contracting Party as prompted to do so by during the registration process or thereafter by the Products (such information to be current, complete and accurate) and (ii) maintain and update this information as required to keep it current, complete and accurate. The information requested at the time of the original signup shall be referred to as registration data (“Registration Data”). You may not register for any Service if You are under 18 years of age. By registering, You and the Contracting Party represent to Snuko that You are 18 years of age or older. If Snuko discovers that any of Your Registration Data is inaccurate, incomplete or not current, or if Snuko determines, in its sole discretion, that You or the Contracting Party are not an appropriate subscriber or user of the Products, Snuko may terminate all rights to access, receive, use and license the Products, Service and Software immediately upon notice. Your and the Contracting Party’s assent to these Terms constitutes your express understanding and agreement that when personal data is provided to Snuko, such data will be processed in the United States. Any personal data collected from or about users or licensees in connection with the Service or Products, through the Snuko website, or otherwise under these Terms, will be maintained and processed in the U.K. by Snuko or a party acting on its behalf, as Snuko’s Services, Products and website are provided via equipment and other resources located in the U.K. Snuko’s Privacy Policy describes how personally identifiable information may be collected, used and disclosed.
You and the Contracting Party are solely responsible for the content of Your computer(s) and Your Snuko account and any transmissions when using the Products. Snuko does, however, reserve the right to take any action with respect to the same that Snuko in its sole discretion deems necessary or appropriate. The use of the Products by You and the Contracting Party is subject to the end user license terms set forth herein and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You and the Contracting Party agree: (i) to comply with all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) not to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component; (iii) not to use the Products for any illegal purposes; (iv) not to delete from the Products, Software, documentation or any web site used in connection with the Products, any legal notices, disclaimers, or proprietary notices such as copyright or trademark notices, or modify any logos that You or the Contracting Party do not own or have express permission to modify; (v) not to interfere or disrupt networks connected to the Service; (vi) not to use the Products to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vii) not to transmit any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature. You and the Contracting Party will not attempt to gain unauthorized access to other computer systems or interfere with another user’s use and enjoyment of the Products.
Snuko may amend these Terms at any time by (i) posting a revised Terms document on or accessible through www.Snuko.com and/or (ii) sending information regarding the Terms amendment to the email address You may be required to provide to Snuko. You and the Contracting Party are responsible for regularly reviewing the www.Snuko.com site to obtain timely notice of such amendments. You and the Contracting Party manifest intent to accept these amended terms if You or the Contracting Party continues to use any of the Products after such amended terms have been posted or sent to You or the Contracting Party. If You or the Contracting Party do not agree with any such amended terms You shall notify Snuko during the 15 day period after such amended terms have been posted and at the end of such 15 day period these Terms shall be deemed terminated unless Snuko agrees to waive such amended terms to which You object. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, Snuko reserves the right to modify or discontinue any Product for any reason or no reason with or without notice to You or the Contracting Party. Snuko shall not be liable to You or the Contracting Party or any third party should Snuko exercise its right to revise these Terms or modify or discontinue a Product.
As part of the registration process, You and the Contracting Party must use Your email address as Your user name and choose a password for access to Your account. You and the Contracting Party agree to carefully safeguard all of Your passwords. You and the Contracting Party are solely responsible if You or the Contracting Party do not maintain the confidentiality of Your passwords and account information. Furthermore, You and the Contracting Party are solely responsible for any and all activity that occurs under Your account. You and the Contracting Party agree immediately to notify Snuko of any unauthorized use of Your account or any other breach of security known to You or the Contracting Party, including if You or the Contracting Party believe that Your password or account information has been stolen or otherwise compromised. Access to, and use of, password-protected and/or secure aspects of the Service is restricted to authorized users only. Unauthorized individuals attempting to use the Service may be subject to prosecution. Snuko is not liable for any loss incurred by You or the Contracting Party, resulting from another’s use of Your password, account, or public / private key, as may be applicable, either with or without Your knowledge. However, You and the Contracting Party may be held liable for losses incurred by Snuko or another party due to another’s use of Your password, account, or public / private key, as may be applicable, either with or without Your knowledge. You and the Contracting Party shall not access or use someone else’s account at any time, without the permission of the account holder. To keep the Products secure, You and the Contracting Party should keep all usernames and passwords confidential.
These end user license terms grant a right and license allowing You and the Contracting Party to use the Software and other software associated with the Service (together, the “Licensed Programs”) under certain restrictions, terms and conditions (the “License Agreement”). You and the Contracting Party are consenting to be bound by this License Agreement by your use of the Products.The Licensed Programs are made available for download solely for use by You and the Contracting Party and only according to this License Agreement. Any reproduction, resale or redistribution of the Licensed Programs that is not in accordance with this License Agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Snuko is not transferring title to the Licensed Programs to You or the Contracting Party. This license may not be transferred by You or the Contracting Party to any third party and is non-exclusive.You and the Contracting Party acknowledge that the Licensed Programs are proprietary to Snuko or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Therefore, You and the Contracting Party agree that You and the Contracting Party are only permitted to use the Licensed Programs as expressly authorized by Snuko and this License Agreement. You and the Contracting Party may not remove any proprietary notices or labels from the Licensed Programs. You may copy the Licensed Programs for archival purposes only, provided any copy must contain all original proprietary notices. You and the Contracting Party may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Licensed Programs to a human-readable form. You and the Contracting Party may not reproduce (except for archival purposes), distribute or create derivative works based on the Licensed Programs without expressly being authorized in writing to do so by Snuko. Further, You and the Contracting Party may not rent, lease, grant a security interest in or otherwise transfer rights to the Licensed Programs. All rights not expressly granted in this License Agreement are reserved to Snuko and its suppliers.
Although Snuko has attempted to provide accurate information with regard to the Products, Snuko assumes no responsibility for the accuracy or inaccuracy of any information provided. Snuko may change the Products at any time without notice. Mention of non-Snuko products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Use of the Products is at Your and the Contracting Party’s risk. All information, documentation and products provided by Snuko are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, or arising from a course of dealing, usage, or trade practice. To the maximum extent permitted by law, Snuko expressly disclaims any and all warranties, conditions, representations, and guarantees with respect to the products, whether express or implied, arising by law, custom, prior oral or written statements, or otherwise. Snuko makes no warranty that the products will meet your or the contracting party’s requirements or that the product will be uninterrupted, timely or error free, nor does Snuko make any warranty as to the results that may be obtained from the use of the products or the accuracy of any other information obtained through the products. You and the contracting party understand and agree that any material and/or data downloaded or otherwise obtained through the use of the products is done at your own risk and that you and the contracting party will be solely responsible for any damage to any computer system or loss of data that results from the download of such material and/or data. No representation or other affirmation of fact, including, without limitation, statements regarding capacity, suitability for use or performance of the products, whether made by employees of Snuko or otherwise, which is not contained in this agreement, shall be deemed to be a warranty by Snuko for any purpose, or give rise to any liability of Snuko whatsoever.
You and the contracting party agree that the consideration which Snuko is receiving hereunder does not include consideration for assumption by Snuko of the risk of your and the contracting party’s incidental, consequential or other indirect damages. Snuko and its suppliers shall not be liable for any special, consequential, incidental or other indirect damages including, without limitation, lost profits or revenues, costs of replacement product or service, loss or damage to information or data arising out of the use or inability to use the products. Under no circumstances, including but not limited to negligence, shall Snuko be liable for damages resulting from use of the products, or reliance on the information presented in connection with the products, even if Snuko or its suppliers have been advised of the possibility of such damages. You and the contracting party agree not to assert any such claim against Snuko or its subsidiaries or affiliates or their respective officers, directors, or employees. You and the contracting party agree that your use of the products is at your own risk. In no event shall Snuko’s total liability from all damages, losses, and causes of action (whether, in contract, tort or otherwise) exceed the amount you paid to Snuko, if any, for the products during the 12 months immediately before the claim arose. Applicable law may not allow the exclusion of implied warranties, or the above limitations of liability, so the above exclusions may not apply to you.All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these terms or otherwise existing at law (1) are of the essence of the agreement of the parties, and (2) survive any termination, expiration or rescission of these terms.
Title, ownership rights and intellectual property rights in the Products shall remain with Snuko or its suppliers, as applicable. The Products are protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Products is the property of the applicable content owner and is protected by applicable law. The licenses granted under these Terms gives the You and the Contracting Party no rights to such content. “Snuko,” associated logos, and other names, logos, icons and marks identifying Snuko’s products and services are trademarks or service marks of Snuko (collectively the “Trademarks”) and may not be used without the prior written permission of Snuko. All other product names mentioned are used for identification purposes only and may be trademarks or service marks of their respective holders. Nothing should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of Snuko or such third party that may own the trademarks. Use by You and the Contracting Party of the Trademarks except as provided in these Terms is strictly prohibited.
Subscription by Credit Card Only. Annual Subscription by Credit Card. In the event that Your subscription to the Service is for a year and the payment is by credit card, PayPal charge or direct debit, Your subscription will automatically renew at the beginning of each subsequent anniversary year unless You or Snuko give prior written (including email) notice of non-renewal at least 30 days prior to the expiration of Your current year subscription. Upon any annual renewal, the payment arrangements in place for the prior subscription year shall remain in place, unless You and Snuko agree otherwise. Annual Subscription By Invoice. In the event that Your subscription to the Service is for a year and the initial payment is by check or bank draft against an invoice from Snuko, payment being due within thirty (30) days of the date of invoice. Additionally, Your subscription will automatically renew at the beginning of each subsequent anniversary year unless You or Snuko give prior written (including email) notice of non-renewal at least thirty (30) days prior to the expiration of the current year subscription. Upon any annual renewal, the payment arrangements in place for the prior subscription year shall remain in place, unless You and Snuko agree otherwise and Snuko will invoice you accordingly. Free Subscriptions. Not withstanding the foregoing provisions of these Terms, Your subscription to Snuko Free Subscriptions do not require the payment of a subscription fee. No Cancellation. Not withstanding any provision of these Terms or any course of dealing between the parties, You and the Contracting Party may not cancel, terminate or rescind a subscription. All payments by You and the Contracting Party, or either of you, to Snuko are final. Credit Card Authorization. In the event that You or the Contracting Party cancel the credit card provided to Snuko or the card is otherwise terminated, You or the Contracting Party must immediately provide Snuko with a new valid credit card number. You and the Contracting Party authorize Snuko, from time to time, to undertake steps to determine whether the credit card number provided to Snuko is a valid credit card number. In the event that You or the Contracting Party do not provide Snuko with a current valid credit card number with sufficient credit upon request during the effective period of these Terms, You and the Contracting Party will be in violation of these Terms. Payment via PayPal. Snuko also accepts PayPal for payments from PayPal accounts. In order to pay with PayPal, You or the Contracting Party need to have an account with PayPal. When You or the Contracting Party select PayPal to make payments the transaction is re-directed from Snuko’s site to PayPal’s payment site. Once directed to PayPal’s site, PayPal is charged with protecting Your and the Contracting Party’s personal and financial information. Your or the Contracting Party’s PayPal account and any activities related thereto are governed by PayPal’s terms and conditions, and the information provided to PayPal in relation thereto will be governed by PayPal’s privacy policy. When PayPal is used, Your and the Contracting Party’s financial information is not shared with Snuko. Once payment is complete via PayPal, PayPal will email a receipt for this transaction. Snuko reserves the right to request proof of identity from any PayPal member. Payment Due. Unless specifically provided otherwise herein, payment of all fees are due and payable to Snuko without demand, invoicing or notice before the commencement of the period to which those fees apply. Taxes. You and the Contracting Party agree to be responsible for and to pay any sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this license, use or possession of a Product, or any other product or service provided under this Agreement, excluding taxes based on net income payable by Snuko. Trial Offers, Coupons, Credits and Special Offers. Snuko reserves the right to discontinue or modify any coupons, credits and special promotional offers at our discretion.
Snuko may in its sole discretion immediately terminate these Terms and this subscription, license and right to use any Product if (i) You or the Contracting Party breach these Terms; (ii) Snuko is unable to verify or authenticate any information You provide to Snuko; (iii) such information is or becomes inaccurate; or (iv) Snuko decides, in its sole discretion, to discontinue offering the Product. Snuko shall not be liable to You, the Contracting Party or any third party for termination of the Service or use of the Products. Upon expiration or termination for any reason, You and the Contracting Party are no longer authorized to use the Products. When these Terms are terminated and/or the subscription is canceled, You and the Contracting Party will no longer have access to data and other material You or the Contracting Party have stored in connection with any Service and that material may be deleted by Snuko. All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law survive any termination, expiration or rescission of these Terms.
Our software is available on a try-before-you-buy basis, there are free trial versions you can download to ensure that you can fully experience it prior to making your purchase. When available, documentation for software is also available online. We encourage you to review the documentation and try the software prior to making your purchase to ensure that it meets your requirements. You can find links to free trial download pages and documentation on the individual product pages within the Snuko.com site. A full refund will be granted if the software you purchased is not available to you either by download or by email within 72 hours of purchase. We apologize, but we cannot provide refunds for:
- Any product for which an online demo or free trial is available.
- Inability to operate the software in your computing environment.
- Inability to apply the license policy in your computing environment.
- Software purchased for the wrong platform.
- Any item 30 days after the purchase date for any reason.
At any time, a customer may cancel their Snuko account for any reason. Any pre-paid subscriptions may be cancelled with a 30 day period prior to the expiration of a current year subscription. The user must request cancellation by sending a written notice through their back office console or by sending an email to: cancellation@snuko.com . Amounts paid are not refundable. Subscriptions to our service are pre-paid. As such, any cancellations that occur in the middle of a payment term will be made effective on the final day of the prepaid term. Any email communication regarding the cancellation of an account must be from the email address on record in the account to complete the cancellation.
You understand that Snuko may update the Products at any time, but is under no obligation to inform You or the Contracting Party of or furnish to You or the Contracting Party any such updates. These Terms do not grant You or the Contracting Party any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Products or supporting documentation. To the extent that Snuko supplies any updates to You or the Contracting Party, such updates will be deemed to be subject to the terms of these Terms unless Snuko indicates otherwise. Snuko reserves the right to charge fees for any future versions of, or updates to, the Products.
The Products are not fault-tolerant and are not designed, manufactured or intended for use or resale as or with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Products could lead directly to death, personal injury or severe physical or environmental damage (“High Risk Activities”). Accordingly, Snuko and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
These Terms represents the complete agreement concerning the subject matter of the Terms and license granted hereunder and, except as set forth herein, may be amended only by a writing executed by both parties. You and the Contracting Party understand and agree that You and the Contracting Party are solely responsible for periodically reviewing these Terms. If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Snuko shall have the right to publish the identification of You and the Contracting Party as users of the Service. You and the Contracting Party agree that Snuko may use any logo and/or name associated with You or the Contracting Party on Snuko’s web site and other marketing materials in order to identify You and the Contracting Party as Snuko’s customers. Notices by Snuko to You or the Contracting Party may be sent to the email address You provide on the Registration Form or otherwise by any means that Snuko determines in its sole discretion as likely to come to Your attention. You and the Contracting Party agree not to bring or participate in any class action lawsuit against Snuko or any of its employees or affiliates. You and the Contracting Party agree that you will not bring a claim under these Terms more than two years after the expiration of these Terms. The failure of Snuko to partially or fully exercise any right shall not prevent the subsequent exercise of such right. The waiver by Snuko of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of these Terms. No remedy made available to Snuko by any of the provisions of these Terms is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to every other remedy available at law or in equity. You and the Contracting Party acknowledge and agree that Snuko is in the business of providing remote access solutions and that Snuko may provide services to third parties, including competitors of You and the Contracting Party, which are the same or similar to the services provided to You and the Contracting Party hereunder.
You and the Contracting Party are responsible for maintaining the confidentiality of Your account and password(s). You and the Contracting Party are also responsible for all activities that occur under Your account. You and the Contracting Party hereby agree to indemnify, defend and hold Snuko and its affiliates, employees, officers, directors, owners, information providers, agents, licensees, licensors (the “Indemnified Parties”) harmless from and against any and all liabilities, claims, costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any demand, claims, action, suit, or loss arising as a result of (a) any breach by You or the Contracting Party of these terms of use or claims arising from Your or the Contracting Party’s account; (b) any fraud or manipulation by You or the Contracting Party; (c) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You or the Contracting Party; or (d) any claims of credit card fraud based on any information released by You or the Contracting Party. You and the Contracting Party agree to use best efforts to cooperate with Snuko in the defense of any demand, claim, action or suit. Snuko reserves the right to assume the exclusive defense of any matter subject to indemnification by You and the Contracting Party at Snuko’s own expense.
You and the Contracting Party shall maintain the confidentiality of information that has been, and will continue to be, provided to You by Snuko in connection with the use of the Products. You and the Contracting Party specifically agree as follows: Obligations. You and the Contracting Party shall (a) maintain in confidence all such information, including but not limited to the Software and Products, (b) not disclose any such information to anyone except Your employees, agents, and consultants on a need-to-know basis (and who have been informed of and acknowledge their obligation to be bound by the terms of these confidentiality terms), and not use Snuko’s confidential information for any purpose other than that for which it is disclosed. All confidential information shall remain the sole property of Snuko. You and the Contracting Party shall have no right, title, or interest in or to the confidential information. Confidential Information. Information considered confidential by Snuko includes, without limitation, information of Snuko relating to (a) matters of a technical nature such as trade secret processes or devices, know-how, data, formulas, inventions (whether or not patentable or copyrighted), specifications and characteristics of products or services planned or being developed, and research subjects, methods and results, (b) matters of a business nature such as information about costs, profits, pricing, policies, markets, sales, suppliers, customers, product plans, and business concepts, plans or strategies, (c) matters of a human resources nature such as employment policies and practices, personnel, compensation and employee benefits, (d) other information of a similar nature not generally disclosed by Snuko to the public or other information You or the Contracting Party should reasonably believe to be confidential given the circumstances, (e) information concerning Your use of the Products, including without limitation, Your responses to the surveys referenced above, and (f) the Products. Exclusions. The obligations imposed by these confidentiality terms shall not apply to any information that (a) is proven by You to have been rightfully received from a third party without accompanying use or disclosure restrictions; or (b) is or becomes generally publicly available through no wrongful act of You or the Contracting Party or any other person or entity with a confidentiality obligation; or is already known to You prior to the date of disclosure as evidenced by documentation bearing a date prior to the date of disclosure; or (d) is approved for release in writing by an authorized representative of Snuko; or (e) is required to be disclosed pursuant to court order, duly authorized subpoena, or governmental authority (but You or the Contracting Party shall immediately give Snuko written notice and an opportunity to contest such required disclosure). Remedies. The parties agree that the remedy at law for any breach of any of the covenants and agreements set forth in these confidentiality terms may be inadequate and that, in the event of any such breach or threatened breach, Snuko shall, in addition to all other remedies which may be available to it at law, be entitled to equitable relief in the form of preliminary and permanent injunctions without the necessity of proving damages. You and the Contracting Party further agree that the terms of these confidentiality terms shall in no way restrict or limit any other remedies Snuko may have against You and the Contracting Party. Snuko shall be entitled to recover the costs including reasonable attorneys' fees, to enforce its rights under these confidentiality terms. Return of Confidential Information. Upon the written request of Snuko, You and the Contracting Party shall return, or certify that it has destroyed, all information disclosed under these confidentiality terms and any memorandum, diagrams, or any other documents containing any information disclosed under these confidentiality terms. Enforceability. In the event any one or more of the provisions of these confidentiality terms shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. Application. This Confidentiality Agreement shall control in lieu of and notwithstanding any proprietary or restrictive legends or statements inconsistent with these confidentiality terms that may be associated with any particular information disclosed hereunder. Surviving Obligations. The confidentiality obligations under these Terms shall survive any termination, expirations, or rescission of these Terms, as well as continue beyond any time in which You or the Contracting Party were using the Service.
No party shall be liable for any performance failure, delay in performance, or lost data under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by (i) failures of Software or other computer programming, (ii) natural weather events, or (iii) any other causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under these Terms, provided that in any such event, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.
You are solely responsible for your conduct and your data related to the backup & recovery service. You agree to indemnify, defend, and hold harmless Snuko UK Limited and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms. The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights. The Software and Service may collect certain non-personally identifiable information that resides on your computer, including, without limitation, statistics relating to how often backups are started and completed, performance metrics relating to the Software, and configuration settings. This information collected will be sent to Snuko and may be used by Snuko without restriction. When you back up data via the Service, you agree that we and our service providers may copy and store such data as part of the Service. Subject to the terms and conditions of this Agreement, If this Agreement terminates, other than for your failure to comply, Snuko will use commercially reasonable efforts to make your Data available for you to download for a period of three (3) days. Snuko has no obligation to provide you with a copy of your Data and may remove and discard any Data.
You agree that the Account Administrator for any SMB and/or Enterprise account has the visibility, management and control over any and all information and data relating to your account. In this relation, the Administrator has all rights and privileges associated and required to perform management, including data restore, of your data and information.
Information about Snuko's prerelease (beta) software is preliminary and may change without notice. You bear the risk of using the software. Prerelease software may not work the way a final version of the software will. The features and functionality you find in the prerelease software may not appear in the final version. Some products are not available in all languages or in all countries or regions. Product images on our website may be taken from the English version of prerelease software and may not be the same in all languages. Some product features and functionality may require advanced or additional hardware, or installation of other software.other software.
