Terms of Use

ACCEPTANCE OF THE TERMS OF USE.

These ‘Terms of Use’ are entered into by and between YOU, the client or hereafter referred to as the “User”, and “Snappy Hand Graphics Corporation”, or referred to hereafter as “Snappy Hand” or  the “Company” for all activities transpiring or engaged in this “Site”.

Snappy Hand is a Site that aims to provide solutions to graphic design problems. It is, therefore, offered to either to (i) clients looking to have a graphic design made for them from ideas they have, or (ii) graphic designers who are looking to offer their skills to clients, or hereafter to be referred to “Designers”. Generally, these ‘Terms of Use’ shall refer to the first group of Users. In particular, the Designers are bound by the Terms and Conditions found in this link: _______.

By being on this Site: https://snappyhand.com the User agrees to and is bound by these Terms of Use. To avail of services offered by Snappy Hand, the User must create an Account further agreeing to the Terms and Conditions in the Service Agreement.

The User is presumed to be of legal age and/ or empowered to avail of the services offered by Snappy Hand and can undertake obligations or bear the responsibilities imposed upon Users.

SERVICES TRANSACTION TERMS.

Services of Snappy Hand may be availed of by a User who shall register and open a User’s Account on this Site. A User is only allowed to have one (1) account. Succeeding accounts opened or registered by the same User after his/ her initial registration shall be considered “dummy accounts” and may be terminated or revoked upon the discretion of the Company. Unregistered users are considered “Guests” whose access to certain features of the Site are restricted.

Information supplied by the User who shall register and open an account with Snappy Hand must be true, accurate, current and complete. The Company shall not be held liable for any failure in the delivery of any promise or service on account of any untrue, inaccurate, uncurrent and incomplete information supplied by the User. Further, upon the discretion of the Company, such untrue, inaccurate, uncurrent and incomplete information found to have been supplied in the opening or registration of a User account shall be ground for the termination of said account or denial of such registration without prior notice to the User. The User shall, likewise, have the responsibility to update his/ her account details and personal circumstances should any change occur after his/ her registration and at any time during the period that the User maintains his/ her registration or uses or avails the services of Snappy Hand. Otherwise, the provisions aforementioned on untrue, inaccurate, uncurrent and incomplete information shall apply.

The use of a User’s account shall be presumed to be by the User under whose name the account has been registered. The Company shall not be liable for processing transactions made through the User’s account by another not authorized by the User. Similarly, any mis-use of the User’s account shall be presumed to be by the User himself/ herself and the Company reserves its right to act on any violation of these Terms of Use on the presumption that it was the User who committed such violation. The User shall bear the responsibility of safekeeping the secrecy and confidentiality of his/ her log-in information to avoid the unauthorized use of his/ her account. Any discovery of unauthorized use of the User’s account must be relayed immediately to the Company for proper actions to be undertaken to resolve the reported breach of security and not cause prejudice to the User whose account is being used without his/ her authority. The Company, however, in such instance shall not be held liable for any loss or damage caused to the User by such unauthorized use of his/ her account prior to such notification given to the Company.

CHANGES TO THE TERMS OF USE. 

            These ‘Terms of Use’ are periodically reviewed and may be revised from time to time upon the Company’s sole discretion.  All such changes or revisions are effective immediately once posted and shall thenceforth be applicable for all Users of Snappy Hand. While the Company will exert its best efforts to provide notice to its registered Users about revisions made in these ‘Terms of Use’, registered Users have the equal responsibility to regularly appraise themselves of these ‘Terms of Use’ to be aware of any revisions made. It will be presumed by the Company that registered Users have so appraised themselves of and agreed to the revisions made in the ‘Terms of Use’  by their continued use of Snappy Hand or availing of its services upon registration at any time after the posting of any revision to the ‘Terms of Use’.

GEOGRAPHIC RESTRICTIONS. 

Snappy Hand is run and operated by Snappy Hand Graphics Corporation that has its principal office at 29D San Isidro Street, Kapitolyo, Pasig City, Metro Manila, Philippines. The User acknowledges and accepts that the delivery of or performance of services availed of from Snappy Hand may be affected by its [Snappy Hand’s] geographical location in relation to that of the User or the location where the service availed of is to be delivered or sought to be performed. It is presumed, unless Snappy Hand is timely informed before any agreement is reached, that the User availing of the Snappy Hand’s services is not under any restriction to so avail of the services.

LIMITATION ON LIABILITY.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, SNAPPY HAND, ANY WEBSITES OR APPS LINKED TO IT, ANY CONTENT ON SNAPPY HAND OR SUCH OTHER WEBSITES OR APPS, ANY SERVICES OR ITEMS OBTAINED THROUGH SNAPPY HAND OR SUCH OTHER WEBSITES OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE COMPANY RESERVES THE RIGHT TO CORRECT WITHOUT PRIOR NOTICE TO THE USE ANY TYPOGRAPHICAL ERRORS, INACCURACIES, OMISSIONS, OR SUCH INFORMATION THAT NEEDS CORRECTION FOR REASONS THE COMPANY DEEMS NECESSARY OR PROPER.

 

COPYRIGHT INFRINGEMENT. 

            The Company will periodically review all contents of the Site to ensure, to the best of its ability, that all information supplied or that may be derived from Snappy Hand are accurate and do not violate any existing law, rule or regulation, including the review of contents to safeguard against infringement of intellectual property rights as defined under Philippine laws.

The User shall be responsible for the originality and authenticity of all their posts in the Site or submissions to Snappy Hand and that the User has all necessary rights to the content for it to be shared or submitted to Snappy Hand and that its use or sharing of its use does not infringe upon the rights of any third party. The User grants Snappy Hand the perpetual right and license to use, in any manner it deems proper, whatever post is made by the User, including its attachments referring to drawings, designs, etc. Such use by Snappy Hand of User’s post includes, among others, the re-posting of the material, whether in its original state or with revisions or alterations made by Snappy Hand, on this Site or the Company’s portfolio, social media or other communication means, for advertising purposes without obligation to compensate the User for such use. Such right, however, is understood to be extend only to Snappy Hand and not to any other User unless with prior consent to the original User whose original material was subjected to the right to use by Snappy Hand. The use by Snappy Hand of the subject material does not confer ownership over the same, unless otherwise agreed to by the parties, and is limited only to the right to use the same as described herein.

Any discovery by the User of any infringement of intellectual property rights found in the Site, or any allegation of the commission of such infringement by any User in the Site must be reported to the Company with sufficient details for it to be verified such as, but not limited to, a description of the post alleged to be in violation of a party’s intellectual property rights, sufficient information about the original work and its author whose rights are alleged to have been infringed, contact details of the reporting User, etc. Upon verification that any infringement of intellectual property rights had been committed in the Site, the Company shall have the right to have the content removed and impose sanctions upon the User who committed such infringement including the suspension of his/ her account or termination of his account depending on the gravity of such infringement.

DISCLAIMER

ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY THIRD PARTIES ON THIS SITE THROUGH A HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION OR IN WHATEVER FORM IS NOT GUARANTEED OR ENDORSED BY THE COMPANY. THE USER BEARS THE RESPONSIBILITY FOR TRANSACTING WITH THIRD PARTIES WHOSE ADVERTISEMENT ON THIS SITE HE/ SHE WOULD PATRONIZE OR WHOSE WEBSITE THEY WILL GO TO.

TRADEMARKS. 

“Snappy Hand” as a name and title, this Site, all its source codes, contents including the logos, designs, texts, photographs, graphics, are proprietary properties of the Company and may not be appropriated or used unless in accordance with these Terms of Use and subject to the consent and permission of the Company. No User may modify or copy any material of Snappy Hand or from its Site for any commercial purpose. Neither may any User attempt to decompile or reverse engineer any software contained in Snappy Hand website nor remove any signature or proprietary marking made in the Site regardless for any purpose it may have been done.

FEES

Availing of the services of Snappy Hand and this Site is subject to the prior payment of applicable monthly fee depending on the period of subscription chosen by the User as indicated in the registration form when the User opens an account. The Company implements an automatic renewal policy on subscriptions unless the User gives notice of termination before the date of renewal takes effect. In case the notice of cancellation or termination is given after a renewal of subscription has taken effect, such termination shall take effect upon expiration of the last renewed subscription. Services of Snappy Hand shall discontinue or be suspended due to non-payment of applicable fees. For prolonged non-payment of fees, the Company may send notice to the User that his/ her account will be revoked unless his account is updated by the payment of fees. The User represents and warrants that his/ her billing information is updated, accurate and contains true and honest information and that he/ she has the authority to make payment or furnish such billing information. Users shall be notified of any changes in the fees being charged for the services being offered by Snappy Hand except for temporary promotions or reduction in fees that may apply without prior notice to the User.

RELEASING WORK

In engaging the services of Snappy Hand, the User accepts that there may be corrections to the submitted work that have to be made until satisfaction is achieved considering the nature of work that involves creative design where there could be variance of appreciation. What Snappy Hand commits is to work with the User to meet his/ her objective as regards the contracted service within the deadline set.

In this regards, the Company implements a ’14-day Money Back Guarantee’ applicable in the first sign up month. The user must complete two (2) design requests and complete two (2) revision rounds with workable design feedback with their assigned Snappy Hand designer. If satisfaction has not been delivered to the User, Snappy Hand issues a full refund on the subscription made.

INDEMNIFICATION. 

The User agrees to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, Freelancers, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these ‘Terms of Use’ or your use of Snappy Hand or Services, including, but not limited to, your User Uploads, any use of Snappy Hand’s content, services, and products other than as expressly authorized in these ‘Terms of Use’ or your use of any information obtained from Snappy Hand or Services and/ or infringement of intellectual property or proprietary rights.

 

DISPUTE RESOLUTION, ARBITRATION 

            At the Company’s sole discretion, any dispute arising from the implementation or application, including concerns over their interpretation, validity, violation, etc.,  of these ‘Terms of Use’, the Privacy Policy, Snappy Hand, or Services, may be referred to arbitration with the Philippine Dispute Resolution Center in accordance with the UNCITRAL rules. Nothing contained herein shall, however, be construed to limit or to preclude the Company from bringing any action in any court of competent jurisdiction for injunctive or other provisional relief as the Company deems to be necessary or appropriate to protect its rights.   It is further agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

LIMITATION ON TIME TO FILE CLAIMS. 

            ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR SNAPPY HAND MUST BE COMMENCED WITHIN ONE (1) YEAR ONCE THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

PROHIBITED USE.

The User accepts and agrees that he/ she may use Snappy Hand or avail of its services only for lawful purposes and in accordance with these ‘Terms of Use’. The following, among others, are prohibited acts and the Company reserves its rights to institute the appropriate action against any party, whether a User or otherwise, for the protection or enforcement of its rights under existing laws:

Further, the commission of the foregoing and similar acts shall be a ground for the immediate termination of any User membership, cancellation of any User registration, blocking of the source User or e-mail, and any such other action to discontinue the act prohibited under these ‘Terms of Use’, without notice to the User or party presumed responsible for the prohibited act.

WAIVER; SEVERABILITY.

  1. No waiver by the Company of any term or condition set forth in these ‘Terms of Use’ shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision or strictly enforce a right or provision under these ‘Terms of Use’ shall not constitute a waiver of such right or provision unless unequivocally expressed.
  1. If any provision of these ‘Terms of Use’ is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT. 

This ‘Terms of Use’ and our ‘Privacy Policy’ constitute the sole and entire agreement between you and the Company with respect to Snappy Hand, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Snappy Hand and Services.

APPLICABLE LAW AND JURISDICTION.

  1. All matters relating to Snappy Hand, Services, Privacy Policy and these ‘Terms of Use’ and any dispute or claim arising therefrom or related thereto, shall be governed by and construed exclusively, or to the exclusion of other foreign laws, in accordance with the internal laws of the Philippines.
  1. Any action sought to be brought, for the enforcement, or arising out of the provisions of this ‘Terms of Use’, shall be brought before the appropriate Regional or Metropolitan Trial Court of Pasig City, Metro Manila, to the exclusion of other venues.

 

Snappy Hand was launched 2020 and is created to help businesses & professionals leverage unlimited graphic design to their advantage. 

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