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Terms of Service

SnapDown - Terms of Service

Last Update: March 22, 2022,


Introduction

1.1 SnapDown Apps (hereinafter collectively referred to as "Apps") are developed and operated by Massive D, a dev team of mixit corp. (hereinafter referred to as "Massive D" "Us"or "We"). We contribute to provide Users with the services of downloading videos, pictures, and other contents from Instagram or Twitter and its relevant Apps, saving stories from Instagram and its relevant Apps, and so on (hereinafter referred to as "Services"), on the demand.


1.2 Individuals or enterprises (hereinafter referred to as "You" or "Users") shall thoroughly and carefully read the Terms of Use (hereinafter referred to as "Agreement") before using or accessing our Services. While using our Services, You are deemed to have fully understood and accepted and are willing to abide by all of the following terms and conditions, and this Agreement shall become effective immediately between Users and Massive D. If You disagree with this Agreement in whole or part, You are entitled to terminate our Services at any time.


Any questions about this Agreement, please contact our legal team via admin@mixit.co.kr


1.3 Massive D has other agreements supplementing this Agreement, e.g. our Privacy Policy and Cookie Policy. Massive D reserves the right to amend this Agreement or related agreements at any time without notice, which shall take effect and apply immediately. If You disagree, You have the right to stop the Services agreed herein. Once the changes of our agreements have been published, You continually using Massive D 's Services are deemed to have fully read, understood, and accepted the changed agreements, and shall abide by such agreements.


1.4 Our Services are not available for use by persons under the age of 13 (or the minimum legal age in your country to use our Services, hereinafter referred to as "Children"). Children may not be allowed to receive any services from Massive D unless the services are ordered by the Children's guardian personally. In this case, the guardian is responsible for the Children's activity on the Services.


User Accounts

1.1 To use our Services on SnapDown Apps, You will be required to provide the minimum information needed to realize the basic functions of this app, such as obtaining the cookies, operating system, unique device identifier, login IP address, software version, connection method and type of network, device accelerator (such as gravity sensing device), operation log and album access permissions. If You fail to maintain accurate, complete, and up-to-date information (such as credit card expires), You may not be able to use partial services.


Your User account gives You access to the Apps and functionality that We may establish and maintain from time to time and at our sole discretion. By connecting to our Apps with a third-party service, You give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.


Massive D cares about the integrity and security of your personal information. However, We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that You provide your personal information at your own risk.


1.2 You may never use another User's account without permission. When creating your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and You must keep your account password secure. We encourage You to use strong passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account.


You may control your User profile and how You interact with the Apps by changing the settings in the mobile apps. By providing Massive D your email address, You consent to our using the email address to send You App-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send You other messages, such as changes to features of the App and special offers.


1.3 You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Apps in any medium, including without limitation by any automated or non-automated scraping; (ii) using any automated system, including but not limited to robots, spiders, offline readers, etc., to access the Apps in a manner that sends more request messages to the Massive D servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Apps; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Apps; (vii) collecting or harvesting any personally identifiable information, including account names, from the Apps; (viii) using the Apps for any commercial purposes without having all necessary rights and licenses to the User Content (as defined below); (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Apps; (xi) accessing any content on the Apps through any technology or means other than those capabilities provided by the Apps; or (xii) bypassing the measures We may use to prevent or restrict access to the Apps, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Apps or the content therein.


1.4 We may, without prior notice, change the Apps, stop providing the Apps or features of the Apps, to You or create usage limits for the Apps. We may permanently or temporarily terminate or suspend your access to the Apps, or delete any User Content, without notice and liability for any reason, including if in our sole determination You violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, You continue to be bound by this Agreement.


1.5 You are solely responsible for your conduct and any data, text, files, information, images, photos and video clips, sound recordings, musical works, narration, works of authorship, links, and other content or materials that You submit, post, or display on or via our Apps. Massive D shall have no liability for conduct in relation to your use of our Apps.


1.6 If it is found that your account or our Apps have been illegally used by others, You shall immediately notify Massive D to avoid unnecessary losses. If and as permitted by applicable law, We may, but have no obligation to (i) ask You to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen You against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.


User content

1.1 Any such materials a User provides, shares, submits, displays, or otherwise creates using the Apps, are User Content. We claim no ownership rights over User Content created by You.


Massive D has the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the Apps. If You believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is located on the Apps, please notify us. And You must provide the following information in writing:


- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;


- Identification of the copyrighted work that You claim has been infringed;


- Identification of the material that is claimed to be infringing, and where it is located in the Apps;


- Information reasonably sufficient to permit Massive D to contact You, such as your address, telephone number, and, e-mail address;


- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and


- A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.


The above information must be submitted to the following Email: admin@mixit.co.kr


1.2 You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to You, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); or (vii) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that You create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Massive D reserves the right but is not obligated, to reject and/or remove any User Content that Massive D believes, in its sole discretion, violates these provisions.


1.3 For the purposes of this Agreement, Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.


1.4 In connection with your User Content, You affirm, represent, and warrant the following:


Your User Content and your use thereof as contemplated by this Agreement and the Apps will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.


To the extent that You use our Apps for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which You do not otherwise own the copyright, You have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the Apps.


1.5 Massive D may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. Massive D takes no responsibility and assumes no liability for any User Content that You or any other User or third party creates, stores, shares, posts, or sends through the Apps. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and You agree that We are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates this Agreement, You may bear legal responsibility for that content.


1.6 If You share your User Content with Massive D or link your User Content to Massive D on a third party service (including, for example, by using the tag # Massive D on Instagram or tagging Massive D on Facebook), You expressly grant, and You represent and warrant that You have all rights necessary to grant, to Massive D a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Apps and Massive D 's (and its successor's and affiliate's) business, including but not limited to promote and redistribute part or all of our Apps (and derivative works thereof) in any media formats and through any media channels.


Our Proprietary Rights

1.1 The Apps contain material owned or licensed by Massive D (hereinafter collectively referred to as "Massive D 's IP"). Massive D 's IP may be protected by copyright, trademark, patent, trade secret, and other laws, and as between You and Massive D, Massive D owns and retains all rights in the Massive D's IP. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Apps and You will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Apps.


1.2 The SnapDown name and logo are trademarks of Massive D, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Massive D. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Massive D, and may not be copied, imitated, or used, in whole or in part, without prior written permission from Massive D.


1.3 You may choose to or we may invite You to submit comments or ideas about the Apps, including without limitation about how to improve the Apps (hereinafter collectively referred to as "Idea"). By submitting any Idea, You agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Massive D under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Massive D does not waive any rights to use similar or related ideas previously known to Massive D, or developed by its employees, or obtained from sources other than You.


Our Services

1.1 We will provide You with download services and other services in accordance with this Agreement.


1.2 We will use Google's related services (such as Google Analytics and Google Cloud) to analyze the usage and to ensure compliance with their terms and privacy policies.


Without the authorization of You and Google, we will not collect or process your personal information through Google services. For more information, You may refer to "How Google uses data when you use our partners' sites or apps" (located at www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time) to understand the privacy policy of Google and its related components.


Fees, Payment, and Invoice

1.1 We DO NOT charge You for using the Apps unless You subscribe for member services via Google Play. Also, We will get benefits from Admob by publishing advertisements on our Apps. For the rates of the service fees, please refer to the price displayed on the Apps or email to admin@mixit.co.kr


PLEASE NOTE THAT, unless We have a special agreement in this Agreement, the content of fees and payment shall be in accordance with the requirements of Google Play Terms of Service.


1.2 We may at our sole discretion, offer certain users with discount coupons from time to time, which may result in different amounts charged for the same or similar services, and You agree that such coupons shall not apply to You unless we have made available to You.


1.3 Subscription will automatically renew and the subscription fee will be charged according to the services You've chosen after trial unless canceled. You may manage or cancel your subscription at any time in Subscription on Google Play. For subscription cancellation, please turn off auto-renewal at least 24 hours in advance before the current subscription period ends. You will not receive a refund for the current billing period, except as otherwise provided in Google Play's Refund Policy.


1.4 PLEASE NOTE THAT We reserve the right to request additional fees arising from any damage caused by your use of our Services.


1.5 We link your payment account to your personal account on Google Play Store. For wrong or unauthorized payment operations (including but not limited to wrong or unauthorized deductions) of your account in connection with Massive D's Apps, Google Payment shall make a direct refund to You, and You shall agree to authorize us to make a refund claim to the corresponding payment provider on your behalf.


1.6 You may apply for the invoice of the payment You have made for our additional service through the Apps from time to time, and We will issue the corresponding invoice to the email address You provide. If You have any questions, You shall contact us within 48 hours after the charged Services complete.


Limitation of Liability

1.1 To the extent permitted by applicable law, We shall not be liable for the following:


- any losses that could not reasonably be expected to arise from our negligence or breach of this Agreement;


- any losses relating to your business or any other third party's business;


- any costs, fees, expenses, losses, damages, or liabilities suffered by anyone other than You in connection with your use of our Services.


1.2 Provided that We are liable to You in connection with the Services, our liability will be limited to an amount equal to the service fee You have paid for the corresponding Services in aggregate.


Dispute resolution

1.1 Amicable dispute resolution


Users may bring any disputes to Massive D who will try to resolve them amicably.


While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of the Apps or the Services, Users are kindly asked to contact Massive D at the contact details provided in this Agreement.


Users may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Massive D via admin@mixit.co.kr


We will process the complaint without undue delay and within 21 days of receiving it.


Miscellaneous

1.1 The Apps may contain third-party websites or website links, and You shall decide whether to access these links. We are not responsible for the accuracy, completeness, adequacy, and reliability of any information, data, opinions, pictures, statements, or suggestions made available on these websites. If You decide to visit any third-party website linked to the Apps, You shall be solely responsible for the possible results and risks therefrom.


1.2 If any provision of this Agreement is held to be illegal, invalid or unenforceable under applicable law, such provision thereof shall to that extent be deemed not to form part of this Agreement, and shall not affect the legality, validity, and enforceability of other provisions.


1.3 You agree that We may assign or transfer this Agreement in whole or in part to either a subsidiary or affiliate of us or a successor by merger or acquisition.


1.4 DISCLAIMER


THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.


1.5 LIMITATION OF LIABILITY


WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE SERVICE FEE WE HAVE CHARGED FROM YOU FOR THE CORRESPONDING SERVICE.


THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.


1.6 INDEMNITY


YOU UNDERTAKE TO INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CHAUFFEURS ON DEMAND AGAINST ALL CLAIMS, ACTIONS, CHARGES, COSTS, EXPENSES, DEMANDS, DAMAGES, LIABILITIES, PROCEEDINGS OR JUDGMENTS WHICH ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH OR VIOLATION OF THIS AGREEMENT, OR YOUR INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS.

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