GEOFILTER STUDIO TERMS OF USE

Last Updated:  December 1, 2016

 

THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND 7176181 MANITOBA LTD. CARRYING ON BUSINESS AS GEOFILTER STUDIO ("GEOFILTER STUDIO").  BY ACCESSING, DOWNLOADING, OR USING OUR WEBSITE, MOBILE APPLICATION, CONTENT OR SERVICES, YOU ARE AGREEING THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS AND USE OUR WEBSITE, MOBILE APPLICATION, CONTENT OR OUR SERVICES.

 

Welcome to Geofilter Studio!  Geofilter Studio is a design agency that specializes in custom Snapchat geofilters. Geofilter Studio designs fully custom Snapchat geofilters and offers customizable pre-made templates. They also submit the geofilter to Snapchat on behalf of the customer.

1.  Changes to Geofilter Studio Terms of Use.  Geofilter Studio may, in our sole discretion, modify these Terms of Use from time to time.  Any such modifications will be effective upon posting of the modified Terms of Use on our website.  You understand and agree that your use of our website, mobile applications, content and/or services will be governed by the Terms of Use then in place and that your continued use of same is your acceptance of such modified Terms.  If you do not agree to any modified terms, you may no longer use our website, mobile application, content or services.  You should revisit the Terms of Use on our website regularly as revised versions will be binding on you.

2.  Use of the Site, Mobile Application, Content and Services.  You acknowledge and agree that any use of our website, mobile application, content and/or services is permitted solely on account of your agreement to comply with these Terms of Use.  You are correspondingly granted a limited, non-exclusive, non-transferrable, terminable license to access and use our website, mobile application, content and/or services, as the case may be.  You further acknowledge that this limited license is granted for your personal use only and on condition that you agree to and comply with the following use requirements:

(i)  Eligibility.  In order to use our website, mobile application, content or services, you must be 18 years of age or older if in Manitoba, or of the legal age of majority in other jurisdictions where services are provided, with the legal authority and capacity to enter into contracts.

(ii) User Restrictions.  You agree that you will not use of our website, mobile application, content or services for any commercial purposes whatsoever, and that you will not during the term of this Agreement or thereafter access, modify, copy distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, intellectual property (including without limitation trade-marks, music, videos, source code, maps, data or otherwise) Geofilter Studio proprietary information, design, materials or intellectual property without the prior written consent of Geofilter Studio.  You further acknowledge and agree that you will not attempt to copy, modify, translate, adapt, edit decompile, disassemble or reverse engineer any software, design or other intellectual property of Geofilter Studio.  You acknowledge and agree that these obligations survive the termination or expiration of this Agreement.

(iii)  Intellectual Property Notices.  In connection with your use of the website, the mobile application, content and the services, you agree that you shall not remove, modify, adjust, amend or obscure any notices of intellectual property rights put in place by Geofilter Studio from time to time concerning its intellectual property.

(iii)  Prohibited Uses.  You also agree that you shall not at any time during this Agreement or thereafter take any action intended to circumvent, infect, damage or corrupt the Geofilter Studio system or Geofilter Studio system protections, upload viruses or other similar destructive programming routines of any sort, interfere with the operation of Geofilter Studio or the rights of Geofilter Studio or other users to access our system, or take any action that would place an unreasonable load on our technological infrastructure.  You agree to use our website and mobile application solely for the purpose of legitimately placing geofilter orders for an event.  You may not at any time use the website, mobile application, content or services in any manner that violates any applicable laws or the rights of any third party.

(iv)  Site Availability and Modifications.  You acknowledge that the website, mobile applications, content and services are subject to availability, and may be modified, updated, interrupted, suspended or discontinued at any time without liability to Geofilter Studio.   Geofilter Studio cannot warrant that its website or mobile applications are accurate, complete or error free.

(v) Geofilter Studio will take all possible measures to ensure every geofilter is a success but cannot guarantee success as they rely on a third party service, Snapchat.  Template geofilters are submitted to Snapchat only after the customer approves and confirms the proof, date, time and location of the event.  Geofilter Studio does holds the right to submit a geofilter even if the customer does not approve the proof, date, time and location of the event. Geofilter Studio may be unable to submit a geofilter before Snapchat submission cut-off time or resubmit a rejected geofilter. Orders placed within six hours of an event will not be processed. The customer understands these risks and will not receive a refund if the design is completed but not submitted to Snapchat on time.  If a geofilter is properly submitted to Snapchat and the geofilter does not appear during the scheduled time at the designated location, the customer will not hold Geofilter Studio liable and will discuss the matter with Snapchat, separately from Geofilter Studio. A refund will not be provided if Geofilter Studio can factually prove a geofilter was properly submitted to Snapchat. Geofilter Studio will not be held liable for any errors Snapchat makes or any matters out of their control. 

Geofilter Studio shall have no responsibility or liability whatsoever for any customer contract entered into or for any resulting service or product received or delivered.  Any payments made to Geofilter Studio shall also be subject to paragraph 3 below.

Any disputes between a customer and Snapchat shall not involve Geofilter Studio, and shall be resolved without Geofilter Studio involvement. 

(vi) Cell Phone Number. When placing an order a phone number is not required. By entering a phone number you give Geofilter Studio the right to text or call this number.

3.  Geofilter Studio Payment.  Geofilter Studio charges a fee for their service.  There are two fees: a design fee and a Snapchat fee. After reviewing a customer's order, the order will be processed and the provided credit/debit card will be charged the design fee.  Any outstanding fees will be charged upon completion and submission of the geofilter. Template orders require the full design fee paid at the time of placing the order. Any outstanding fees will be charged upon completion and submission of the geofilter. Geofilter Studio holds the right to charge 5% interest per month on any overdue accounts. 

Previously Geofilter Studio did not require payment upfront.  Any orders processed before November 2, 2016 are subject to the following policy: the complete payment for the design fee is required whether or not the custom approves the geofilter. If the geofilter is not used there will be no Snapchat fee charged. These fees are non negotiable.

Pay with Geofilter Studio fees are transaction-based and have a processing and authorization component. The Transaction fee is composed of a tax where applicable, charged when the purchase is successfully authorized and processed.

(i) Refund

(a) Geofilter Studio does not automatically refund payments made for cancelled orders back to your payment provider. Design fee refunds are not automatically issued if the first proof has been completed. The order needs to be cancelled before the design is started for a full refund to be issued.

(b) Deposit refunds, when available from the payment provider, can be performed by our Customer Service team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. If a geofilter ran the Snapchat fee is not refundable. If the geofilter never showed up, Customer Service will review the order and determine if any refund is owed. Geofilter Studio is not legally required to provide a refund if the design work is completed and if Geofilter Studio can factually prove the geofilter was submitted properly to Snapchat.

4.  Liability Disclaimer.  Please read this section carefully as this provision limits Geofilter Studio’s liability to you for issues that may arise in connection with your use of our website, mobile application, content or services.  If for any reason you do not understand the terms of this paragraph, please contact your lawyer and make no further use of our website, mobile application, content or services until you understand and agree to these Terms in their entirety.

Geofilter Studio is not and shall not be liable or responsible for your use of our website, mobile application or any reliance by you on information, reviews or other content available on our website or mobile application.  Geofilter Studio does not endorse any service provider featured on its website or mobile application, whether they are a subscriber or advertiser.  All uses of our website, mobile application, content and services are at your own risk and we do not warrant the availability, accuracy, completeness of our system or that they are error-free. 

Geofilter Studio makes no representations or warranties of any kind, express or implied, about the suitability of information, software, products or services contained or featured through our site or mobile application.  All such information, software, products, and services are provided "AS IS".  In no event shall Geofilter Studio be liable for direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money or loss or damages arising from or connected in a way with our website, mobile application, content or services, review content, your reliance on reviews and opinions appearing on any of the foregoing, business interruption, loss or damages of any kind, use of information, software, linked sites, or contracts with either subscribing service providers or advertisers.

5.  Indemnification.  You agree to defend, indemnify and hold harmless Geofilter Studio and our directors, officers, employees, contractors, shareholders and otherwise from and against any and all claims, suits, proceedings, causes of action, losses, damages, costs, demands, fines, penalties or other costs associated with your breach of this Agreement, your violation of applicable laws or the rights of third parties, and your use of our website, mobile application, content or services except as expressly permitted under these Terms of Use.

6.  Third Parties.  The Geofilter Studio website and mobile application may contain links to other websites or applications.  We do not control or endorse any third party websites.  Your use of such links and any third party websites or services is at your own risk and subject to third party terms and conditions.

7.  Software.  Any software appearing on the Geofilter Studio website is the copyrighted work of Geofilter Studio and is intended only for your use on the site and for no other purpose.  Any copying, reverse engineering or reproduction of any kind is expressly prohibited and actionable at law.

8.  Miscellaneous. 

(i)  Jurisdiction and Governing Law.  The Geofilter Studio website, our mobile application and our content and services shall be deemed to be provided from Winnipeg, Manitoba, and these Terms of Use shall be governed by the laws of the Province of Manitoba, Canada and the United States of America applicable hereto.  Should there be any dispute relating to these Terms of Use, the parties shall irrevocably attorn to the jurisdiction of the courts of the Province of Manitoba for resolution.

(ii)  Entire Agreement.  These Terms of Use, together with the Geofilter Studio Privacy Policy, and any amendments made thereto by Geofilter Studio from time to time as set out in these Terms of Use, constitute the entire agreement between you and Geofilter Studio.

(iii)  Commercial Use License.  By purchasing a “Commercial Use License” with your order, Geofilter Studio grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Geofilter Studio's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Geofilter Studio will not be liable for any claims, or incidental, consequential or other damages arising out of this license. Commercial Use License's can be purchased for $50.

(iiii)  Assignment.  You may not assign your rights or obligations under these Terms of Use.

(v) Account. An account is made when a customer places an order. All design work for that customer is attached to their account.  If a customer places another order, and their account has an outstanding balance, they will not receive the new proof until all outstanding balances are paid.

(vi)  Non-Waiver.  Any failure on Geofilter Studio part to exercise or enforce any of its rights under these Terms of Use shall not be interpreted as a waiver of such rights or provisions.

(vii) Severability.  If any provision of these Terms of Use are found to be invalid or unenforceable, then only that provision shall be modified to reflect the intention of the parties and the remaining provisions of this Agreement shall stay in full force and effect.

(viii) Notices.  Any notices to be provided by Geofilter Studio shall be made available on our website from time to time and shall be effective once posted.

(xi) Currency. All prices are in United States Dollars (USD). Geofilter Studio charges in USD.