SnapGalaxy provides software web platform, printing & gift production services that allow its customers to sell prints & gift items produced using their photos. The following SnapGalaxy Set Your Price Program Agreement (the "Agreement") sets forth the legally binding terms for your participation in the SnapGalaxy Set Your Price Program (the "Program") of account type - Pro Account.
By signing up for the Program, You agree to be bound by this Agreement. As used in this Agreement, "You" means the Member of the SnapGalaxy Services that signs up to participate in the Program.
If you participate in the Program, You will continue to be bound by all of the Terms and Conditions for the SnapGalaxy Services that You can find under http://www.snapgalaxy.com/common/terms_conditions (the "Terms and Conditions") and that are incorporated into this Agreement by reference. All initially capped terms that are not defined in this Agreement are defined in the Terms and Conditions, and any disputes arising out of or related to this Agreement will be subject to arbitration in accordance with the Terms and Conditions. If the terms of this Agreement conflict with the Terms and Conditions, this Agreement will govern and be given precedence.
SnapGalaxy reserves the right to add, delete and/or modify any of the terms contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is not to participate in the Program. Your continued use of the Program following posting of a change notice or new agreement on the Website will constitute your binding acceptance of the changes.
1. THE PROGRAM
Residents who are at least 18 years old and have a valid mailing address are eligible to participate in the Program.
1.2 Account Security
Your SnapGalaxy Account requires a password. You will be solely and exclusively responsible for keeping Your password confidential and all use of your password and Account, including, without limitation, any use by any unauthorized third party. You must notify SnapGalaxy immediately if You believe Your password has been or may be obtained or used by any unauthorized person or entity. In addition, You must notify SnapGalaxy immediately if You become aware of any other breach or attempted breach of the security of your Account or the Service.
1.3 Costs of Ownership
You will be solely responsible for the usage of the electronic and digital Content that is uploaded by you and will pay all costs associated with its creation and copies thereof, including, without limitation: (i) any compensation owed to third parties; (ii) payments required by any agreement between You and any labor organization (such as unions or guilds); (iii) all studio, tape, editing, mixing, re-mixing, mastering and engineering costs; and (iv) all costs of travel, per diems, facilities and equipment, and the like.
You must pay all royalties or similar payments that are or may become due to any third party, such as all payments under licenses for third-party material.
1.5 Unions and Guilds
You acknowledge that SnapGalaxy is not currently a party to any collective bargaining agreement with any union or guild and that You are solely responsible for complying with any applicable union or guild rules, including without limitation, those relating to payments.
1.6 No Spam
You may not use "spam", "blast-faxes" or recorded telephone messages to market the products. You may not spam, or attempt to deliberately subvert the results of the SnapGalaxy directory or search engine with false, misleading, or unnecessarily repetitive information.
1.7 Public Reputation
You acknowledge and agree that You will not use this Program to offer any product, or in connection with any products or services, that would be damaging to SnapGalaxy's reputation or that of its employees, board members, shareholders, licensors, or partners.
2. PROGRAM REVENUE
The Program allows You to set a Retail Price (the "Retail Price") for each print size and gift. The Retail Price must be equal to or higher than the price that SnapGalaxy charges You for the respective item (the "Base Price"). If you do not set a Retail Price, the Retail Price will be deemed to be the Base Price.
2.2 Program Profit
For each item that is sold using your photo, You are entitled to receive the Program Profit, calculated by subtracting the Base Price plus shipping from the Retail Price. The Program Profit accrues at the end of the day on which SnapGalaxy has received full payment.
2.3 Reports and Program Payments
SnapGalaxy will provide real-time sales reporting via Your Account, which will include (a) the number of prints & gifts sold during the current month; and (b) a calculation of the Program Profit owed by SnapGalaxy to You in the current month. Within fifteen (15) days after the end of a calendar onth, SnapGalaxy Shall send you the Program Payment, unless the amount of the Program Payment is less than USD25/INR1000, in which case the Program Payment will be withheld by SnapGalaxy and paid to You at such time as the aggregate Program Payments equal or exceed USD25/INR1000.
SnapGalaxy will make the Program Payments to You by sending a check to the US & India mailing address that You have provided in connection with Your SnapGalaxy account (the "Program Payment Address"). You are fully responsible to provide a valid, complete, and correct Program Payment Address and Your failure to do so might result in the forfeiture of the Program Payments. SnapGalaxy is solely responsible to mail the check with the Program Payments to the Program Payment Address. Any check mailed to You is only valid for ninety (90) days from its issuance. You may request a re-issuance of a check only if such check was cancelled. You will be responsible for any banking fees that may require to clear the check. Outside USA/India account holders can only receive payment via Paypal Payment Program. (Please visit www.paypal.com to know whether your country of residence is acceptable).
2.5 No Payment
SnapGalaxy will not pay the Program Profit for any orders created in breach of this Agreement, the Terms and Conditions.
2.6 Tax Information
You must provide your taxpayer information to SnapGalaxy as required by the tax governing body of respective country, including but not limited to information required by the governing body for the purpose of issuing a form for Your earnings. If SnapGalaxy does not have current taxpayer information for you on file for a particular year, payments due to you under this Agreement will not be made to you until December 31st of such year, and all of such payments will be subject to a thirty five percent (35%) backup withholding.
2.7 Termination Fees
If You or SnapGalaxy terminate your Pro Account, and you have less than USD25/INR1000 in accrued but unpaid compensation then outstanding, SnapGalaxy may charge you a USD5/INR200 processing fee when sending you your final payment to cover its administrative costs. It is Your responsibility to update Your contact information if it changes. If Your Account is inactive or terminated and we are unable to contact You using the contact information provided, we may also, at our discretion, charge a termination fee equal to the amount of unpaid Program Profit to cover our administrative costs.
2.8 Order processing
Customers who buy prints and/or gifts through the Services will be deemed to be SnapGalaxy's customers and accordingly, all of SnapGalaxy's rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. SnapGalaxy may change its policies and customer terms and conditions and operating procedures at any time.
3. TERM AND TERMINATION
This Agreement is effective upon the completion of the sign-up procedure for the Program and will remain in effect until terminated by either You or SnapGalaxy as provided in this section or as expressly provided elsewhere in this Agreement.
You or SnapGalaxy may terminate this Agreement without cause at any time on thirty (30) days' written notice. Without limiting any other remedies available to it, SnapGalaxy may terminate this Agreement immediately upon notice if: (a) You fail to strictly comply with any term or provision of this Agreement, the Terms and Conditions; (b) SnapGalaxy, in its sole discretion, determines that any Retail Price Item was not created in compliance with the Agreement, Terms and Conditions; or (c) SnapGalaxy determines, in its sole discretion, that You and/or Your Retail Price Items may cause legal liability for SnapGalaxy, its suppliers, other affiliates, or third parties.
3.3 Effects of Termination
Upon termination of this Agreement, SnapGalaxy may delete any Content or other material related to the Program, stop selling your photos to customers and remove any or all of the photos from the Gallery, and have no liability to You or any third party for doing so. SnapGalaxy shall pay any Fees due and payable to You within forty-five (45) days after the end of the month in which termination occurs. Neither party will have liability to the other party for termination of this Agreement as provided herein.
You acknowledge that as a participant in the Program, You will receive Reports from SnapGalaxy and You may receive other emails from us regarding the Program and You consent to receiving such emails from SnapGalaxy. Information about You as a participant in the Program (including personally identifiable information) may be processed by SnapGalaxy in the country where it was collected as well as other countries (including the United States) where laws regarding processing of personally identifiable information may be less stringent than the laws in Your country. You may not assign any of Your rights, or delegate any of Your duties, under this Agreement without the express prior written consent of SnapGalaxy, which SnapGalaxy may grant or withhold in its sole discretion, and any attempted assignment without such consent will be null and void.
Any queries or comments about the service should be directed to us via email service at snapgalaxy dot com or click here.