Last revised: May 01, 2018
All pages within this Site and any material made available for download are the property of Snafwho. The Site is protected by United States and international copyright and trademark laws. The Content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved in writing by us. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Snafwho without our express written consent.2. Site Security
Although we to ensure the integrity and accuracy of the Site, we makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, we shall have no responsibility or liability for information or Content posted to the Site from any non-affiliated third party.4. Consultations by Experts
We provide access to mobile consultations (“Consultations”) and connect you with experts (“Experts”) through the Site. You may receive a Consultation by creating an account and requesting a Consultation from an Expert through the Site. A Consultation may require the payment of a service fee.
If you provide a Consultation or submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Site (“Submissions”), you agree not to provide any Consultations or Submissions that (1) are defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violate or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contain or transmit a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. We shall have a royalty-free, irrevocable, transferable right and license to use Submissions however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. We are and shall be under no obligation (i) to maintain any Submissions in confidence; (ii) to pay to you any compensation for any Submissions; or (iii) to respond to any user Submissions.
We do not regularly review Consultations or posted Submissions, but we reserve the right (but not the obligation) to monitor and edit or remove any Consultations or Submissions provided through or to the Site. You grant us the right to use the name that you submit in connection with any Consultations or Submissions. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Consultation or Submission. You are and shall remain solely responsible for the content of any Consultation or Submission you make. We and our affiliates take no responsibility and assume no liability for any Consultation or Submission submitted by you or any third party. You agree to defend, indemnify and hold us harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of any Consultation or Submission you post or allow to posted to the Site. Under no circumstances shall we be liable for any Consultation or Submission, including, but not limited to any loss or damage that results from the Consultation or Submission being transmitted or made available on the Site or through the use of the Site.6. Mobile Consultations
Snafwho does not endorse and is not responsible or liable for any Consultation, Submission, Content, data, advertising, products, materials, or services available or unavailable from, or through, any Expert or third party. You agree that should you use or rely on such Consultation, Submission, Content, data, advertising, products, materials, or services, available or unavailable from, or through any Expert or third party, Snafwho is not responsible or liable, indirectly or directly, for any damage, loss, injury, or harm caused or alleged to be caused by or in connection with such use or reliance. Snafwho is not part of the agreement between you and the Expert. That agreement is exclusively between you and the Expert and may be governed by the Additional Terms. The Expert is responsible for all aspects of the Consultation. Snafwho does not oversee the performance or conduct of the Consultation, and does not endorse any Content submitted by any Expert to the Site. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Experts.7. Payments
We can only accept payments through credit cards issued by U.S. banks. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make payments while we verify your new payment information. Your payment is not refundable, except in the event of fraud and a valid chargeback by a credit card issuer.
You represent and warrant that if you are making donations that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.8. Access to Site and User Accounts
To access and use limited portions of the Site (including messaging Experts and participating in Consultations), a user account with a user ID and password will be required (“Protected Areas”), you agree to access Protected Areas using only your account as provided to you. Creating an account is free. You must be at least 18 years old, or old enough to form a binding contract in your jurisdiction. If necessary, we may ask you for proof of age. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. You can delete your account at any time by sending us a request at email@example.com.Your access to the Site and your user ID may be suspended or revoked and any Content that you provide may be deleted at any time, with or without cause. 9. Indemnification
We make no representations whatsoever about any other website that you may access through this Site. When you access a non-Snafwho site, please understand that it is independent from Snafwho, and that we have no control over the Content on that website. In addition, a link to a non-Snafwho website does not mean that we endorse or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.11. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to our Designated Copyright Agent, identified below.
- Notices of Alleged Infringement for Content Made Available Through the Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
1375 East Grand Ave. #329
Arroyo Grande, CA 93420
- Counter Notices
A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When we receive a counter notice, we may reinstate the material in question. To provide a counter notice to us, please provide the following information to our Designated Copyright Agent.
- Identification of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled.
- A statement as follows: “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
- Your name, address, telephone number and, if available, email address.
- A statement as follows: “I hereby consent to the jurisdiction in the state or federal courts located in California, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”
- Provide your full legal name and your electronic or physical signature.
The Counter Notice should be delivered to our Copyright Agent:
1375 East Grand Ave. #329
Arroyo Grande, CA 93420
SNAFWHO DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR ANY CONSULTATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY CONSULTATION, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. SNAFWHO DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. SNAFWHO DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
13. Limitation of Liability Regarding Use of Site
SNAFWHO AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ANY CONSULTATION, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF SNAFWHO TO YOU WITH RESPECT TO YOUR USE OF THIS SITE OR ANY CONSULTATION IS $100 (ONE HUNDRED DOLLARS).
14. Dispute Resolution; Arbitration Agreement.
We will try work in good faith to resolve any issue you have with Site, including products and services order or purchased through the Site, if you bring that issue to the our attention. However, there may be rare cases where we may not be able to resolve an issue to your satisfaction.
YOU AND SNAFWHO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Snafwho agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
15. Revisions; General
When using, accessing, or purchasing particular any Consultation, services or features on the Site, you may be subject to additional posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into these Terms.
Based on the amount of credit in a user's account, user can make audio or video calls to a consultant. A consultant may change the rates for calling at any time.The rates will always be shown before connecting to a call, please verify carefully. If a user does not accept the new rates, then the user will have the option not to proceed with that call. Rates of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute, for example,
Consultant rate - $ 1/minute
User calls for 1 minute - charged - $ 1
User calls for 1 minute 20 seconds - charged - $ 2
17. CONNECTION USAGE
The audio call will work on any of the following connections - Wi-Fi, 2G, 3G, 4G/LTE
The video call will work on any of the following connections - Wi-Fi, 3G, 4G/LTE18. Earnings
A user can credit minimum $4.99 either from Apple in-app purchase through the app or via PayPal from the web portal. The consultant's account will be credited with 60% of total amount of a particular call made by a user. For example, if a consultant takes a call of $10, then he/she will get $6 from it. A consultant will receive the amount earned at the end of each month. For this, the consultant needs to have $3 as the minimum amount to get credited into his/her PayPal account at the end of each month.