Your use of this Web site is subject to the following terms and conditions of use.

“SFL” means Snap Franchising Ltd., with its principal place of business at Suite 1a, 53-63 Burswood Road, Burswood, Western Australia 6100, Australia, where the context permits, SFL includes a reference to its franchisees and licensors.

SFL holds a license from Quark, Inc. for a white label of Quark® Promote™ for Australia and New Zealand.

The following definitions are applicable to these Terms of Use:

“You” or “End User” means the person using this Web site.

“Software” refers to the Quark® Promote™ software.

“Products” means printed or electronic materials that You create using the Software and the Templates, including items such as brochures, business cards, and post cards.

“Services” means services accessible via the Software and this Web site, including the distribution of electronic newsletters and emails and the printing of Products.

“Template” means the graphics, images, document layouts, artwork, text, fonts, tools, and other information that You may use to create certain printed or digital materials.

1. INTELLECTUAL PROPERTY.

“Snap” is a registered trademark of SFL.

Under SFL’s license from Quark, Quark holds the following Intellectual Property rights:

• ©2010 Quark, Inc. and Quark Media House Sàrl as to the content and arrangement of this material. All rights reserved.
• ©1986-2010 Quark, Inc., Quark Media House Sàrl and their licensors as to the technology. All rights reserved.
• Quark, Inc. owns all right, title and interest in and to the following United States Patents: 5,541,991, 5,907,704, 6,005,560, 6,052,514, 6,081,262, 6,633,666 B2, 6,947,959 B1, 6,940,518 B2, 7,116,843; and other patents pending.

Information on this Web site is subject to change without notice and does not represent a commitment on the part of SFL. SFL products and materials are subject to the copyright and other intellectual property protection of the United States and foreign countries. Unauthorized use or reproduction without SFL’s written consent is prohibited.

2. USER ERRORS; COLOR DISCLAIMER.

2.1 User Errors. SFL takes great pride in its commitment to customer satisfaction. However, certain circumstances are beyond our control. Please note that we are not responsible for:

• Spelling, punctuation or grammatical errors made by You.
• Inferior quality or low-resolution of uploaded images.
• Design errors introduced by You in the document creation process.
• Errors in user-selected options such as choice of finish, quantity or product type.
• Damage to the Products arising after delivery to You.

Please preview your designs carefully and correct any mistakes prior to placing your order. In an effort to keep costs down and pass substantial savings along to our customers, SFL does not proof documents created by its customers prior to processing. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING THE ACCURACY OF THE USER CONTENT PRIOR TO ORDERING A PRODUCT OR SERVICE. ONCE YOU APPROVE THE PRODUCT OR SERVICE FOR ORDER, YOU WILL NOT BE ELIGIBLE FOR A REFUND IF YOU LATER DISCOVER A TYPOGRAPHICAL, DESIGN, OR OTHER ERROR.

2.2 Color Disclaimer. CMYK (Cyan, Magenta, Yellow and Black) are the colors used in the printing process, whereas RGB (Red, Green and Blue) are the colors used by screen displays such as your monitor. For this reason and due to variations introduced by light and various equipment, the colors on your screen may not exactly match the colors of a printed Product. This discrepancy in tone or depth of color results from the fundamental differences between how color is produced on a video monitor and how it is produced on a color printer. SFL, AND ITS FRANCHISEES, LICENSORS, VENDORS AND AFFILIATES ARE NOT RESPONSIBLE FOR DIFFERENCES, REAL OR PERCEIVED, BETWEEN THE WAY YOUR PRODUCT APPEARS ON SCREEN AND THE FINAL PRINTED PRODUCT.

3. RETURN POLICY.

SFL guarantees that you will be satisfied with the quality of our Products (please note that as stated above in “2. User Errors; Color Disclaimer,” SFL is not responsible for user errors).

If you are not satisfied with any Product, please contact snappromote@snap.com.au within ten (10) days of receiving your order. If you have not received your order by the time it was scheduled, please contact snappromote@snap.com.au within ten (10) days from the date it was scheduled to arrive, or scheduled for pick up.

If you do not advise of such dissatisfaction within such 10 day period, you will be deemed (for all purposes) to be satisfied with the Product.

4. RESTRICTIONS.

4.1 No hosting, resale, license or other distribution. The Templates and the Software are intended for Your internal business purposes only. You may not use the Templates or the Software in any Product that results in a re-distribution or re-use of a Template or any element thereof (including but not limited to fonts, graphics and images) or is otherwise made available in a manner such that a person can extract or access or reproduce the Template or any element thereof as an electronic file. The Software and its accompanying documentation may not be rented, loaned, leased or sold. It may not be used by any other person or entity not covered by an End License Agreement, used to provide commercial hosting or application service provider services or otherwise transferred, transmitted, or used without authorization. Under no circumstances may You sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Templates or the Software or any of the rights granted under this License Agreement.

4.2 User Content. SFL is not responsible for the content or work product you create or submit using the Software or Templates or the Services (the “User Content”). In the event that SFL ,or its licensor, vendor or affiliate, in its sole discretion, deems that the User Content (i) is obscene, pornographic, inappropriate or offensive, or otherwise objectionable (ii) would expose SFL or any of its licensors, vendors or affiliates to any civil, criminal or equitable damage or risk of any type, (iii) constitutes a chain letter, pyramid schemes or other deceptive, misleading, and/or fraudulent content, including subject lines or header information that makes it difficult to identify the initiator of the email (iv) constitutes an unsolicited commercial or non-commercial communication; or (v) contains a virus, Trojan horse, worm, or other harmful component; then SFL or its licensors, vendors or affiliates may terminate the provision of any further Services to End User, and any applicable refund will be provided should Services be denied by SFL or its licensors, vendors. SFL may release any such User Content or identifiable user information to comply with applicable laws or lawful requests such as court orders or subpoenas, to protect our interests or property, or to prevent fraud. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your User Content unless you have obtained the appropriate authorizations from the owners. You warrant that your User Content does not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your User Content. By placing an order, you warrant that you have all necessary permission, right and authority to place the order and you authorize SFL and its affiliates or licensors, vendors to produce the Products on your behalf. You shall fully indemnify SFL and its affiliates and licensors, vendors for any damages or liabilities that SFL incurs resulting from a claim brought by a third-party against SFL in connection with the User Content.

4.3 Archival. To provide certain Services, SFL or its licensors, vendors or affiliates may, at its or their discretion, save the User Content on its or a third party’s hardware. However, SFL is not obligated to retain, backup, or protect any User Content, and SFL shall release any such User Content when requested by a court of law. SFL is not responsible for the archival, accuracy, or existence of any such saved User Content.

4.4 Compliance. If you use the Services for sending electronic mail or newsletters, you represent and warrant that each person as to whom email addresses are provided (i) can or will be categorized as an “opt-in” recipient by his, her or its agreement with You to receive such information via email, and (ii) has not or will not have notified You or any of Your affiliates of his, her or its desire not to receive email (i.e., no such person has “opted out” of the receipt of email with respect to You or Your products or services or any of Your affiliates or their products or services).

5. TRANSFER OF TITLE.

If you choose to have the Product mailed to You, You agree that the shipping terms for all printed Products are FOB shipping point and ownership transfers to You upon shipment. This means that the risk of loss and title for such items pass to You upon our delivery to the carrier.

If you choose to pick up the Product from a Snap Centre (as operated by any SFL franchisee) in your local area, then You agree that delivery of such Product shall be deemed to have occurred at the time we transmit a notification to You that the Product is available for pickup from the selected Snap Centre.

6. NO WARRANTIES; DISCLAIMER.

SFL IS NOT THE MANUFACTURER OF THIRD-PARTY SOFTWARE OR OTHER THIRD-PARTY HARDWARE (HEREINAFTER “THIRD-PARTY-PRODUCTS”) AND SUCH THIRD-PARTY PRODUCTS HAVE NOT BEEN CREATED, REVIEWED, OR TESTED BY SFL, THE SFL AFFILIATED COMPANIES OR THEIR LICENSORS. (SFL AFFILIATED COMPANIES SHALL MEAN ANY PERSON, BRANCH, OR ENTITY CONTROLLING, CONTROLLED BY OR UNDER COMMON CONTROL WITH SFL OR ITS PARENT OR A MAJORITY OF THE SFL SHAREHOLDERS, WHETHER NOW EXISTING OR FORMED IN THE FUTURE, TOGETHER WITH ANY PERSON, BRANCH, OR ENTITY WHICH MAY ACQUIRE SUCH STATUS IN THE FUTURE.)
SFL, THE SFL AFFILIATED COMPANIES AND/OR THEIR LICENSORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THIS WEB SITE, THE SFL PRODUCTS/SERVICES AND/OR THIRD-PARTY PRODUCTS/SERVICES, THEIR MERCHANTABILITY, OR THEIR FITNESS FOR A PARTICULAR PURPOSE. SFL, THE SFL AFFILIATED COMPANIES AND THEIR LICENSORS DISCLAIM ALL WARRANTIES RELATING TO THE SFL PRODUCTS/SERVICES AND ANY THIRD-PARTY PRODUCTS/SERVICES. ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR COLLATERAL, AND WHETHER OR NOT, MADE BY DISTRIBUTORS, RETAILERS, XTENSIONS DEVELOPERS OR OTHER THIRD-PARTIES ARE DISCLAIMED BY SFL, THE SFL AFFILIATED COMPANIES AND THEIR LICENSORS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, COMPATIBILITY, OR THAT THE SOFTWARE IS ERROR-FREE OR THAT ERRORS CAN OR WILL BE CORRECTED. THIRD-PARTIES MAY PROVIDE LIMITED WARRANTIES AS TO THEIR OWN PRODUCTS AND/OR SERVICES, AND USERS MUST LOOK TO SAID THIRD-PARTIES FOR SUCH WARRANTIES, IF ANY. SFL CAN NOT GUARANTEE THAT YOUR ACCESS TO THIS WEB SITE OR THE SFL PROMOTE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS, STATES OR PROVINCES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IN JURISDICTIONS WHERE SUCH WARRANTIES CANNOT BE EXCLUDED, THE LIABILITY OF SFL, ITS FRANCHISEES, LICENSOR AND VENDORS SHALL AT THEIR OPTION BE LIMITED TO THE COST REPLACEMENT, OR RESUPPLY OF THE GOODS OR SERVICES IN QUESTION.

7. EXCLUSION OF DAMAGES.

IN NO EVENT SHALL SFL, THE SFL AFFILIATED COMPANIES, AND/OR THEIR LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST TIME, LOST SAVINGS, LOST DATA, LOST FEES, OR EXPENSES OF ANY KIND ARISING FROM INSTALLATION OR USE OF THE SFL PRODUCTS/SERVICES, OR THIS WEB SITE, IN ANY MATTER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. IF, NOTWITHSTANDING THE FOREGOING, SFL, THE SFL AFFILIATED COMPANIES AND/OR THEIR LICENSORS ARE FOUND TO HAVE LIABILITY RELATING TO THE SFL PRODUCTS/SERVICES OR THIRD-PARTY PRODUCTS/SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER TO SFL FOR THE SOFTWARE/SERVICES AT ISSUE (EXCLUDING THIRD-PARTY PRODUCTS/SERVICES), IF ANY, OR THE LOWEST AMOUNT UNDER APPLICABLE LAW, WHICHEVER IS LESS. THESE LIMITATIONS WILL APPLY EVEN IF SFL, THE SFL AFFILIATED COMPANIES, THEIR LICENSORS AND/OR THEIR AGENTS HAVE BEEN ADVISED OF SUCH POSSIBLE DAMAGES. SOME JURISDICTIONS, STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN JURISDICTIONS WHERE SUCH WARRANTIES CANNOT BE EXCLUDED, THE LIABILITY OF SFL, ITS FRANCHISEES, LICENSOR AND VENDORS SHALL AT THEIR OPTION BE LIMITED TO THE COST REPLACEMENT, OR RESUPPLY OF THE GOODS OR SERVICES IN QUESTION.

8. SEVERABILITY.

In the event any of these provisions are or become unenforceable under applicable law, such provision shall be modified or limited in its effect to the extent necessary to cause it to be enforceable.

9. AGREEMENTS.

You understand and agree that when you attempt to use the Software, it will download to your computer, and is subject to an End User License Agreement you must assent to at that time. BY CLICKING ON “I ACCEPT” YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS OF THE END USER LICENSE AGREEMENT. IN ORDER TO INSTALL OR USE THE SNAPPROMOTE SOFTWARE YOU MUST ACKNOWLEDGE YOUR ACCEPTANCE BY CLICKING THE ICON. You are prohibited from sharing the software or documentation with a third party who is not bound to the terms of the End User License Agreement. In the event of a conflict between such agreements and these provisions, the relevant agreements shall control.

10. ADDITIONAL INFORMATION.

Snap, the Snap logo and other Snap-related marks which Snap may adopt from time to time are trademarks or registered trademarks of SFL. Further Quark, the Quark logo, Quark Promote and other Quark-related marks which Quark may adopt from time to time are trademarks or registered trademarks of Quark, Inc. and its affiliates in the U.S. and/or other countries.

Microsoft, Windows, Windows Vista and Internet Explorer are registered trademarks of Microsoft Corporation in the United States and/or other countries. All other marks are the property of their respective owners. Any omission of such marks from any product is regretted and is not intended as an infringement on such marks.

11. CURRENCY OF WEB SITE.

SFL cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. SFL may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

12. INTERNET SOFTWARE OR COMPUTER VIRUSES.

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site. SFL shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. SFL recommends that you install appropriate anti-virus or other protective software.

13. DISPUTE RESOLUTION AND GOVERNING LAW.

13.1 Governing Law and Arbitration. This Web site and the Quark Promote Software shall be governed in all respects by the laws of New South Wales, Australia. Any dispute, controversy, or claim arising out of or related to this Web site and the Snap Promote Software shall be referred to and finally resolved by arbitration by the Australian Commercial Disputes Centre Limited (ACDC) (or, if that organisation ceases to exist, a similar organisation nominated by the Law Society of New South Wales, Australia) and in accordance with the ACDC rules of arbitration in force at the time of the opening of the proceedings by one arbitrator. The place of the arbitration shall be Sydney, New South Wales, Australia. The language to be used in the arbitral proceedings shall be English. The obligation of the parties to submit any dispute arising under or related to this Web site and the Snap Promote Software to arbitration as provided in this Section shall survive the expiration or earlier termination of an End User License Agreement.

13.4 Injunction – All End Users Worldwide. SFL and its licensors may seek and obtain an injunction or other appropriate relief from a court to preserve or protect their respective intellectual property rights, but no such application to a court shall in any way be permitted to stay or otherwise impede the progress of any arbitration proceeding. NOTWITHSTANDING ANYTHING IN THIS WEB SITE AND THE SNAP PROMOTE SOFTWARE END USER LICENSE AGREEMENT TO THE CONTRARY, SFL AND ITS LICENSORS SHALL NOT BE PREVENTED FROM ENFORCING THEIR RESPECTIVE OR COLLECTIVE INTELLECTUAL PROPERTY RIGHTS OR REMEDIES IN ANY APPROPRIATE JURISDICTION.

13.5 Attorneys Fees. In the event of a dispute related to this Web site or the Snap Promote Software, the prevailing party shall recover its costs and reasonable attorneys' fees in conjunction with such proceeding.

14. EXPORT RESTRICTIONS.

SFL’s licensors are subject to U.S. Export Administration Regulations. You may not export or transmit, directly or indirectly, any technical data or products received from SFL except in full compliance with all U.S. Export Administration Regulations and the import/export rules of any other country. Diversion contrary to U.S. or other law is expressly prohibited. You agree to comply with all applicable export laws and regulations and the laws, regulations, and rules of any country or region which apply to an end user’s use of the Snap Promote Software. 

NOTICE TO END USER: BY CLICKING ON “I ACCEPT” YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IN ORDER TO INSTALL OR USE THE SOFTWARE YOU MUST ACKNOWLEDGE YOUR ACCEPTANCE BY CLICKING THE ICON.

The purpose of this Global End User License Agreement (this “License Agreement”) is to set forth the terms and conditions under which you (“You” or “End User”) may use the Software (defined below). “SFL” means Snap Franchising Ltd., with its principal place of business at Suite 1a, 53-63 Burswood Road, Burswood, Western Australia 6100, Australia, where the context permits “SFL” includes its franchisees any Licensor from whom SFL licenses the Software or Templates.

THIS LICENSE AGREEMENT SETS FORTH THE TERMS AND CONDITIONS OF THE LICENSE FOR THE SOFTWARE. Some third-party materials included in the Software may be subject to other terms and conditions included in a separate license agreement or materials which accompany such software.

DEFINITIONS:

The following definitions are applicable to this License Agreement:

“Software” refers to the software program and all other materials, regardless of the Product Media which embodies it and whether received contemporaneously with this License Agreement or thereafter, including fixes, updates, upgrades, supplements, XTensions software, add-on components, validation codes, and license files, if any, unless SFL provides other terms along with such software.

“Install” means to copy the Software to a hard disk drive or similar storage device.

“Product Media” refers to the medium in which or on which the Software is embodied or contained, whether on a disk(s), CD-ROM(s), digital file(s), or pursuant to technology now known or hereinafter developed.

“Use” means to access, Install, run, display, download, copy or otherwise benefit from using the functionality of the Software.

“Products” means printed or electronic materials that You create using the Software and the Templates, including items such as brochures, business cards, and post cards.

“Services” means services accessible via the Software, including the distribution of electronic newsletters and emails and the printing of Products.

“Template” means the graphics, images, document layouts, artwork, text, fonts, tools, and other information that forms part of the Software that You may use to create certain printed or digital materials.

1. SOFTWARE LICENSE GRANT:

You are granted a non-exclusive License to Use the Software for the sole purpose of preparing, evaluating, and ordering Products or Services solely through SFL and its affiliates and licensors. You understand and agree that when you attempt to edit a Template using the Software, the Software will download to your computer, and is subject to these terms. You are prohibited from sharing the Software or documentation with a third party who is not bound to the terms of this License Agreement.

2. RESTRICTIONS:

• Limitations of Rights; Intellectual Property. The only right granted to You is the right to Use the Software and accompanying documentation in accordance with this License Agreement. The Software is licensed not sold. The Software is protected by copyright and other intellectual property laws and treaties. SFL and its licensors own the title, copyright, and other intellectual property rights in the Software. All rights not expressly granted to You in this License Agreement are specifically reserved to SFL. You do not receive or acquire any right, title, or interest to the Software, or to any applicable patents, trademarks, copyrights, or trade secrets. You may not remove or alter any proprietary notices, labels, or trademarks on the Software or accompanying documentation. You may not modify, translate, copy, reproduce, reverse engineer, disassemble, decompile, decrypt or otherwise derive source code from the Software, any portion thereof or accompanying documentation, or use it as a basis for the preparation of other software programs or derivative works, or use it in any manner that infringes the intellectual property or other rights of SFL or any other party.
   
• No hosting, resale, license or other distribution. The Software and its accompanying documentation may not be rented, loaned, leased, sold, or used by any other person or entity not covered by this License Agreement, used to provide commercial hosting or application service provider services or otherwise transferred, transmitted, or used without authorization under this License Agreement. The Templates and the Software are intended for Your internal business purposes only. You may not use the Templates or the Software in any Product that results in a re-distribution or re-use of a Template or any element thereof (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Template or any element thereof as an electronic file. Under no circumstances may You sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Templates or the Software or any of the rights granted under this License Agreement.

2.3 User Content. SFL is not responsible for the content or work product you create or submit using the Software or Templates or the Services (the “User Content”). In the event that SFL or a vendor or affiliate, in its sole discretion, deems that the User Content (i) is obscene, pornographic, inappropriate or offensive, or otherwise objectionable (ii) would expose SFL and or any of its licensors or affiliates to any civil, criminal or equitable damage or risk of any type, (iii) constitutes a chain letter, pyramid schemes or other deceptive, misleading, and/or fraudulent content, including subject lines or header information that makes it difficult to identify the initiator of the email (iv) constitutes an unsolicited commercial or non-commercial communication; or (v) contains a virus, Trojan horse, worm, or other harmful component; then SFL or its licensors or affiliates may terminate the provision of any further Services to End User, and any applicable refund will be provided should Services be denied by SFL or its licensors. SFL may release any such User Content or identifiable user information to comply with applicable laws or lawful requests such as court orders or subpoenas, to protect our interests or property, or to prevent fraud or any other criminal activity. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your User Content unless you have obtained the appropriate authorizations from the owners. You warrant that your User Content does not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your User Content. By placing an order, you warrant that you have all necessary permission, right and authority to place the order and you authorize SFL and its affiliates or licensors to produce the Products on your behalf. You shall fully indemnify SFL and its affiliates and licensors for any damages or liabilities that SFL incurs resulting from a claim brought by a third-party against SFL in connection with the User Content.

2.4 Archival. To provide certain Services, SFL or its licensors or affiliates may, at its or their discretion, save the User Content on its or a third party’s hardware. However, SFL is not obligated to retain, backup, or protect any User Content, and SFL shall release any such User Content when requested by a court of law. SFL is not responsible for the archival, accuracy, or existence of any such saved User Content.

2.5 Compliance. If you use the Services for sending electronic mail or newsletters, you represent and warrant that each person as to whom email addresses are provided (i) can or will be categorized as an “opt-in” recipient by his, her or its agreement with You to receive such information via email, and (ii) has not or will not have notified You or any of Your affiliates of his, her or its desire not to receive email (i.e., no such person has “opted out” of the receipt of email with respect to You or Your products or services or any of Your affiliates or their products or services).

3. INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS:

The Templates and the Software are the copyrighted property of SFL, and/or its subsidiaries or licensors. All rights in the Templates and the Software are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Templates or the Software except as expressly allowed in this License Agreement. SFL reserves the right to add to, delete from, or modify any part of Templates and the Software at any time without prior notice. The Templates employ a limited number of elements, including icons, fonts, color schemes, and design effects. SFL reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more Products. Other customers may use the design tools to create logos that have similar or identical combinations of these elements and SFL does not guarantee that your logo will not have similarities to logos designed and used by other parties. SFL provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the logo design is legally available for your use and does not infringe the rights of another party.

4. TERMINATION:

Any failure to comply with the terms and conditions of this License Agreement shall result in the automatic termination of this license. Upon termination of this License Agreement for any reason, You must destroy all copies and cease Use of the Software and accompanying documentation.

5. COMMUNICATION OF LICENSE AGREEMENT:

You shall use all reasonable efforts to see that employees, agents, assigns, or other persons under Your direction or control who have access to the software or accompanying documentation abide by the terms and conditions of this License Agreement. You agree to notify SFL immediately in writing of any unauthorized Use.

6. NO WARRANTY:

The Software is provided "as-is," without any express or implied warranty. In no event shall SFL be held liable for any damages arising from the use of the Software. Your sole remedy for defective Software received from an internet download is to notify SFL of the defect and download a newer version.

7. DISCLAIMER OF WARRANTIES:

SFL MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY WARRANTIES OR CONDITIONS PROVIDED BY DISTRIBUTORS OR RETAILERS OF THE SOFTWARE. THE SOFTWARE IS PROVIDED “AS IS” WITH ALL FAULTS. ALL WARRANTIES AND CONDITIONS WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL, ARE DISCLAIMED (TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE), INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, COMPATIBILITY, CONDITION OF TITLE, CORRESPONDENCE TO DESIRED DESCRIPTION, THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE UNINTERRUPTED, OR THAT ERRORS CAN OR WILL BE CORRECTED. SFL AND ITS LICENSORS, VENDORS AND AFFILIATES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY, AVAILABILITY, OR THAT THE SOFTWARE WILL BE UPDATED OR UPGRADED, OR ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES (IF ANY), INFORMATION, SOFTWARE AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE. Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to particular End Users. In jurisdictions where such warranties cannot be excluded, the liability of SFL, its franchisees, Licensor and vendors shall at their option be limited to the cost replacement, or resupply of the goods or services in question.

8. SOFTWARE UPDATES AND UPGRADES:

Any updates or upgrades (collectively, the "Updates") to the Software will be delivered automatically to You by SFL as Updates become available. You are not obligated to install or accept any Update. SFL retains the right to provide such Updates for a fee. Unless SFL provides other terms and conditions with an Update, the terms and conditions of this License Agreement shall continue to apply. Upon release of an Update, SFL may have no further obligation to support the previous version.

9. END USER RESPONSIBILITY FOR THE SOFTWARE AND COMPONENTS:

You are solely responsible for selection of the Software and components to achieve your intended results or for particular applications and systems. SFL has no control or liability regarding the content, design, operability, function or any other aspect of a third-party website. You shall have no recourse against SFL regarding damage, injury, or loss to You resulting from a third-party website, or from SFL providing a link to any third-party website. SFL does not provide any warranty regarding any third-party website.

10. TRANSFER OF TITLE.

If you choose to have the Product mailed to You, You agree that the shipping terms for all printed Products are FOB shipping point and ownership transfers to You upon shipment. This means that the risk of loss and title for such items pass to You upon our delivery to the carrier.

If you choose to pick up the Product from a Snap Centre (as operated by any SFL franchisee) in your local area, then You agree that delivery of such Product shall be deemed to have occurred at the time we transmit a notification to You that the Product is available for pickup from from the selected Snap Centre.

11. USER ERRORS; COLOR DISCLAIMER.

11.1 User Errors. SFL takes great pride in its commitment to customer satisfaction. However, certain circumstances are beyond our control. Please note that we are not responsible for:

• Spelling, punctuation or grammatical errors made by You.
• Inferior quality or low-resolution of uploaded images.
• Design errors introduced by You in the document creation process.
• Errors in user-selected options such as choice of finish, quantity or product type.
• Damage to the products arising after delivery to You.

Please preview your designs carefully and correct any mistakes prior to placing your order. In an effort to keep costs down and pass substantial savings along to our customers, SFL does not proof documents created by its customers prior to processing. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING THE ACCURACY OF THE USER CONTENT PRIOR TO ORDERING A PRODUCT OR SERVICE. ONCE YOU APPROVE THE PRODUCT OR SERVICE FOR ORDER, YOU WILL NOT BE ELIGIBLE FOR A REFUND IF YOU LATER DISCOVER A TYPOGRAPHICAL, DESIGN, OR OTHER ERROR.

11.2 Color Disclaimer. Due to variations introduced by light and various equipment, the colors on your screen may not exactly match the colors of a printed Product. This discrepancy in tone or depth of color results from the fundamental differences between how color is produced on a video monitor and how it is produced on a color printer. SFL AND ITS LICENSORS AND AFFILIATES ARE NOT RESPONSIBLE FOR DIFFERENCES, REAL OR PERCEIVED, BETWEEN THE WAY YOUR PRODUCT APPEARS ON SCREEN AND THE FINAL PRINTED PRODUCT.

12. EXCLUSION OF DAMAGES/LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL SFL OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST TIME, LOST SAVINGS, LOST DATA, LOST CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY, INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, LOST FEES, OR EXPENSES OF ANY KIND AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE INSTALLATION, USE OF OR INABILITY TO USE THE SOFTWARE, THE ACCOMPANYING DOCUMENTATION, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES (IF ANY) IN ANY MANNER, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. IF, NOTWITHSTANDING THE FOREGOING, SFL, AND/OR ITS LICENSORS ARE FOUND TO HAVE LIABILITY RELATING TO THE SFL PRODUCTS/SERVICES OR THIRD PARTY PRODUCTS/SERVICES, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY THE END USER TO SFL FOR THE SOFTWARE/SERVICES AT ISSUE, IF ANY, OR THE LOWEST AMOUNT UNDER APPLICABLE LAW, WHICHEVER IS LESS. These limitations will apply even if SFL or an authorized dealer has been advised of such possible damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. IN JURISDICTIONS WHERE SUCH WARRANTIES CANNOT BE EXCLUDED, THE LIABILITY OF SFL, ITS FRANCHISEES, LICENSOR AND VENDORS SHALL AT THEIR OPTION BE LIMITED TO THE COST REPLACEMENT, OR RESUPPLY OF THE GOODS OR SERVICES IN QUESTION.

13. SEVERABILITY:

This License Agreement is intended to be interpreted in such a manner as to render it enforceable. In the event that any court, arbitration panel, or other competent authority determines that any provision of this License Agreement is not enforceable, such provision may be modified or limited in its effect to the extent necessary to cause it to be enforceable. If any provision cannot be so modified or limited, then such provision shall be severed, and the remainder of this License Agreement shall remain in full force and effect.

14. DISPUTE RESOLUTION AND GOVERNING LAW:

14.1 Governing Law and Arbitration. This License Agreement shall be governed in all respects by the laws of New South Wales, Australia. Any dispute, controversy, or claim arising out of or related to this License Agreement be referred to and finally resolved by arbitration by the Australian Commercial Disputes Centre Limited (ACDC) (or, if that organisation ceases to exist, a similar organisation nominated by the Law Society of New South Wales, Australia) and in accordance with the ACDC rules of arbitration in force at the time of the opening of the proceedings by one arbitrator. The place of the arbitration shall be Sydney, New South Wales, Australia. The language to be used in the arbitral proceedings shall be English. The obligation of the parties to submit any dispute arising under or related to this License Agreement to arbitration as provided in this Section shall survive the expiration or earlier termination of this License Agreement.

14.4 Injunction – All End Users Worldwide. SFL may seek and obtain an injunction or other appropriate relief from a court to preserve or protect intellectual property rights, but no such application to a court shall in any way be permitted to stay or otherwise impede the progress of any arbitration proceeding. NOTWITHSTANDING ANYTHING IN THIS LICENSE AGREEMENT TO THE CONTRARY, SFL AND ITS LICENSORS SHALL NOT BE PREVENTED FROM ENFORCING THEIR RESPECTIVE OR COLLECTIVE INTELLECTUAL PROPERTY RIGHTS OR REMEDIES IN ANY APPROPRIATE JURISDICTION.

14.5 Attorneys Fees. In the event of a dispute related to this License Agreement, the prevailing party shall recover its costs and reasonable attorneys' fees in conjunction with such proceeding.

15. EXPORT RESTRICTIONS:

SFL’s licensors are subject to U.S. Export Administration Regulations. You agree not to export or transmit, directly or indirectly, any technical data or products received from SFL except in full compliance with all U.S. Export Administration Regulations and the import/export rules of any other country. Diversion contrary to U.S. or other law is expressly prohibited. You agree to comply with all applicable export laws and regulations and the laws, regulations, and rules of any country or region which apply to End User’s Use of the Software.

16. U.S. GOVERNMENT END USERS:

The Software is a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the SOFTWARE with only those rights set forth herein.

17. GEOGRAPHIC RESTRICTIONS:

Restrictions on the geographic area where the Software may be used, if any, appear on the packaging and/or Product Media for the Software. You agree to Use the Software only in this Australian and New Zealand geographic region. Any Use of the Software outside of this geographic region is strictly prohibited.

18. TAXES:

You shall pay any applicable taxes in respect of the licenses granted and fees paid in connection with this License Agreement.

19. SURVIVAL:

The provisions of Sections 2, 3, 5 – 7, 9 - 23, and such other provisions which by their nature continue after termination, shall survive termination of this License Agreement.

20. TRANSFER/ASSIGNMENT:

You shall not assign or transfer this License Agreement, or any part thereof, whether directly or indirectly (including, without limitation, through a transfer of End User’s shares or for any other reason including bankruptcy) without the prior written consent of an officer of SFL or a representative of SFL authorized in writing to exercise such authority on behalf of SFL. You and transferee must also comply with such procedures as SFL requires and the transferee must agree to be bound by the terms of this License Agreement. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CONDITIONS WILL YOU BE PERMITTED TO TRANSFER PRE-RELEASE VERSIONS OF THE SOFTWARE.

21. ENTIRE LICENSE AGREEMENT:

This License Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior representations, warranties, conditions, agreements, and understandings, whether oral or written, express or implied, relating to this License Agreement. To the extent the terms of any SFL policies or programs conflict with the terms of this License Agreement, the terms of this License Agreement shall control. No supplement, modification, or waiver of this License Agreement shall be effective unless it is provided or approved by SFL in writing.

22. WAIVER:

The waiver of, or failure to enforce, any breach or default by either party hereunder shall not constitute the waiver of any other or subsequent or continuing breach or default.

23. TRANSLATIONS:

This License Agreement is prepared in the English language. In the event of a conflict between the English language version and any translated version, the English language version shall govern the parties’ relationship. Any translation of this License Agreement into any other languages shall be for convenience of reference only. 

Refer to Section 3 of the Snap Promote Terms of Use above.