LAUNCH APRIL 1
LAUNCH APRIL 1
Version: 1.02
Last Updated: March 28, 2025
These Terms of Use (“Terms”) constitute a legally binding Agreement (“Agreement”) between you (“you”, “your”) and OneRoof App, Co. (referred to herein as “OneRoof”, “Snag”, “Company”, “we”, “us”, “our”). You and Snag are each a “Party” to this Agreement, and collectively, the “Parties.” This Agreement governs your access to, and use of, Snag’s website (https://www.joinsnag.com/) (“Site”), related applications (“App”), online products, platforms, services, and offerings (collectively, the “Services”). Please read these Terms carefully. If you do not agree to these Terms, you must not use the Site, App, or Services.
Certain documents and policies—including without limitation our Privacy Policy, Service Fees Policy, Community Policy, Content Policy, and Nondiscrimination Policy—are incorporated herein by reference.
These Terms include an arbitration agreement, a class action waiver, a mass action waiver, and a jury trial waiver that apply to all claims brought against Snag in the United States. Section 12 of these Terms sets forth limitations on liability, including a cap on damages and a release of Snag and related parties from various forms of liability. Please review the foregoing sections carefully. You should read this entire Agreement to ensure that you understand all of its terms.
Snag may provide additional or different terms (including for social media services, third-party sites, or affiliate services) that, if you use those Services, will become part of your agreement with us. In the event of a conflict between these Terms and any additional terms, the additional terms will control with respect to the conflicting portion.
Snag may introduce new features that may be available to only certain users. Provisions of these Terms related to such features will apply only to the affected users.
Snag may update these Terms from time to time. If we make material changes, we will notify you via the Site, App, email, or by updating the “Last Updated” date above. Your continued use of our Services following such notice confirms your acceptance of the changes. If you do not agree to the changes, you must stop using the Site, App, and Services.
This Agreement is between you and Snag only and not with any application store (such as Apple Inc.’s App Store® or the Google Play™ store), though such stores may enforce these terms against you as a third-party beneficiary.
If a third party accesses any part of the Services through your account (whether permissively or otherwise, including via a Family Sharing plan), such use is subject to this Agreement, and you agree to be fully responsible for that use and to indemnify Snag against any resulting claims.
TABLE OF CONTENTS
1. Definitions
2. General Provisions
3. Account Registration
4. Platform Services
5. User Content and Listings
6. Your Responsibilities; Assumption of Risk
7. Content Moderation; Community Standards
8. SMS Consent
9. Suspension; Termination
10. Obligations
11. Snag’s Role
12. Modification of These Terms
13. Disclaimer of Warranties; Limitation of Liability; Indemnification
14. Dispute Resolution; Arbitration Agreement
15. Miscellaneous
For purposes of this Agreement, the following terms shall have the meanings set forth below:
1.1 “Agreement” means this legally binding contract formed by these Terms of Use.
1.2 App” means the mobile application(s) provided by Snag that enable access to the Services.
1.3 “Arbitration Agreement” means the provision in these Terms requiring that Disputes be resolved by binding arbitration as set forth herein.
1.4 “Common Areas” means shared spaces and facilities associated with an Sublet (e.g., hallways, lobbies) that are accessible to Sublessees.
1.5 “Company” as used herein refers to OneRoof App, Co., which is the legal entity providing the Services and referred to as “Snag.”
1.6 “Content” means any text, images, audio, video, information, or other material that is provided, shared, or transmitted via the Services.
1.7 “Disputes” means any claims, controversies, or disputes arising out of, in connection with, or in any way relating to these Terms, the Services, or any interaction on the Platform.
1.8 “Listing” means any advertisement or post created by a Sublessor to offer a Property or Sublet for sublet.
1.9 “Mass Action” means any coordinated or collective legal proceeding or arbitration involving 100 or more claims or parties as defined herein.
1.10 “Mutual Contacts” means the intersection of phone contacts between Users, which helps establish a trust-based connection.
1.11 “OneRoof” means OneRoof App, Co.; this term refers to the company that operates Snag’s website and related services.
1.12 “Party” means an individual or entity that is a party to this Agreement (collectively, the “Parties”).
1.13 “Platform” means the Snag website, mobile application, and any related services provided by Snag.
1.14 “Pre-Dispute Notice” means the written notice required to be sent by either party, as described in the Snag DISPUTE RESOLUTION POLICY; ARBITRATION AGREEMENT[BM1] , prior to initiating arbitration.
1.15 “Profile” means the account created by a User on the Platform that contains personal information.
1.16 “Property” means any apartment, housing unit, real estate, or part thereof advertised for sublet on the Platform.
1.17 “Shared Space” means a Property or part thereof in which roommates or other occupants are, or will be, present in, or adjacent to, the Property. By way of example but not limitation, a Shared Space could mean a Property advertised in a Listing for one bedroom in a three bedroom apartment, in which the other two bedrooms of the apartment are occupied by other persons and/or pets.
1.18 “Services” means the online products, platforms, services, and offerings provided by Snag, including the Site and App.
1.19 “Site” means the Snag website located at https://www.joinsnag.com/.
1.20 “Snag” means OneRoof App, Co.; this term refers to the company that operates Snag’s website, app, Platform, Services, and related services. Where applicable in these Terms, “Snag” also extends to Snag’s affiliates.
1.21 “Sublessee[SS2] ” means a User who searches for Listings or Sublet or contacts a Sublessor via the Platform or Services.
1.22 “Sublessor[SS3] ” means a User who creates a Listing to offer an apartment, Sublet, or other property for sublet.
1.23 “Sublessor Service[SS4] ” means any additional service provided by a Sublessor in connection with an Sublet beyond a standard Listing or Sublet.
1.24 “Sublet” means lodging services or housing units offered by a Sublessor through the Platform or Services.[SS5] [SS6]
1.25 “Taxes” means any applicable governmental charges or indirect taxes (including VAT, occupancy, tourist, or income taxes) that may apply in connection with a Listing or Sublet.
1.26 “Terms” means these Terms of Use, including all modifications and additional terms incorporated herein.
1.27 “User” means any person or entity accessing or using the Platform.
1.28 “we” / “us” / “our” – Refers to OneRoof App, Co. (also known as Snag), the provider of the Services.
1.29 “you” / “your” – Refers to the individual or entity accessing or using the Site, App, Platform, or Services.
Scope of Services. Snag owns and operates the Services. The Platform enables Users to publish, search for, and book various services. Sublessors (who may be landlords, prime tenants, subtenants, or otherwise) post Listings to offer Sublets, while Sublessees search for and contact Sublessors regarding these Listings. Snag and its affiliates neither own nor control any Listing and are not parties to any contracts formed directly between Sublessors and Sublessees. Snag does not function as a real estate broker, travel agency, insurer, or agent for any User unless explicitly stated.
2.1 Platform Eligibility. To use the Platform or Services, you must be at least 18 years old and possess the legal capacity to enter into this Agreement.
2.2 Disclaimer. As the provider of the Services, neither Snag nor its affiliates owns, controls, offers, operates, or manages any Listing. Snag is not a party to any contract for Sublets entered into directly between Sublessors and Sublessees, and Snag is not a real estate broker, travel agency, or insurer. Snag does not act, and is not acting, as an agent in any capacity for any User, unless, and only to the extent, otherwise explicitly set forth in these Terms. Snag does not perform background or credit checks on any User and does not make any warranties or representations, expressed or implied, about any User’s creditworthiness or suitability as a landlord or tenant. If you choose to perform or obtain a background or credit check, you are responsible for complying with any applicable law. Snag does not provide consumer reports. You acknowledge that you may not, and agree that you will not, use any information provided by Snag as a factor in determining any person’s eligibility for credit, insurance, housing, or employment in a manner that would cause Snag to be a “consumer reporting agency” or cause information you receive from Snag to constitute a “consumer report,” each as described in the Fair Credit Reporting Act. Snag does not provide brokering, money transmitting, insurance, or banking services, and Snag does not provide legal advice, tax advice, or legal representation. You acknowledge that Snag has not provided you with any express or implied legal or tax advice. It is possible to use the Snag Platform and materials provided by Snag in ways that are illegal, and that could subject you to civil or criminal liability. It is your responsibility to know and comply with the laws applicable to your use of the Snag Platform. You should not assume that because it is possible to do something on the Snag Platform that that thing is legal or that Snag gives you permission to do it. You should obtain independent legal and tax advice before entering into any lease or sublease agreement. You acknowledge that statements made by Snag's officers and agents are not, and shall not be construed as, legal or tax advice. You agree not to regard any such statements as legal or tax advice and acknowledge that it would be unreasonable to rely on such statements in ascertaining your legal or tax obligations. Snag does not, and cannot, guarantee, and assumes no responsibility for verifying, the accuracy of any Content or information provided by any User of Snag’s Services including, without limitation, in any Profile, Listing, or otherwise.
3.1 Profile and Contacts. To use the Platform, you must register and create a Profile using a valid personal telephone number. During registration, you will be prompted to share your contacts with Snag. Your Profile must include your first name, last name, profile photo, telephone number, and unique user handle (“username”). Snag will assign each User a username at sign up, after which such User may edit their username subject to availability. Snag may, in its sole, exclusive, and absolute discretion restrict or prohibit a User’s ability to change their username at any time for any reason or for no reason. Registration is permitted only for natural persons aged 18 or older. You represent that you are not barred from using the Platform under any applicable laws and may not transfer your account to another person. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account. Notify Snag immediately if you suspect any unauthorized access.
3.2 Optional Verification by Snag. 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.
3.3 Accuracy. You agree to provide true, accurate, and complete information during registration and in any Content you post. This obligation continues as long as you use the Platform.
3.4 Contact Information. By registering, you consent to granting Snag access to your phone contacts. Snag uses this information (which may include, without limitation, names, phone numbers, and photos) to identify Mutual Contacts and facilitate connections between Users. This information is handled in accordance with our Privacy Policy.
4. PLATFORM SERVICES
4.1 Listings and Communications. Sublessors may create one or more Listings on the Platform. The Services allow communication between Users via tools that may include direct messaging, audio/video calls, and multimedia messaging. All communications are provided “as is” without encryption, and while you agree that Snag may review any communication on the Plaftorm or Services, Snag is under no obligation to do so.
5.1 Accuracy and Representations. You represent and warrant that any Content that you publish or transmit through the Platform or Services is accurate, truthful, and not misleading, and that you have full capacity and legal authority to publish or transmit same. You further agree that you are solely responsible for the accuracy of any Content that you publish or transmit through the Platform or Services.
5.2 Content Ownership and License. By providing Content (including text, images, audio, video, and other materials), you grant Snag a non-exclusive, irrevocable, worldwide, royalty-free, perpetual, sub-licensable, and transferable license to to access, use, display, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner, such Content for any purpose, including for promoting the Platform or Services.
5.3 Content with Personal Information. If your Content includes Personal Information, as defined in our Privacy Policy, it will be used in accordance with applicable data protection laws and our Privacy Policy.
5.4 Paid Content. Where Snag facilitates or pays for the creation of Content, additional terms may apply regarding ownership.
5.5 Your Responsibilities. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Snag the rights described in these Terms. You are solely and exclusively responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal Content.
5.6 Translation. You agree that Snag may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Snag does not guarantee the accuracy or quality of translations and Users are responsible for confirming the accuracy of such translations.
5.7 Prohibited Content. You agree not to post or transmit Content that is unlawful, defamatory, malicious, infringing, or otherwise objectionable. Snag reserves the right to remove any Content at its sole, exclusive, and absolute discretion.
5.8 Prohibited Conduct. You agree that you will not, under any circumstances:
5.8.1 Engage in conduct that disrupts or interferes with the Platform or Services;
5.8.2 Use the Platform or Services for any unlawful purpose;
5.8.3 Use the Platform for any fraudulent purpose;
5.8.4 Misrepresent your identity on or through the Platform or Services;
5.8.5 Misrepresent the nature of a Property, Sublet, or Listing;
5.8.6 Circumvent any trust-based mechanisms on the Platform or Services;
5.8.7 Falsify any information or data transmitted to or through the Platform or Services.
5.8.8 Engage in any conduct that disrupts or interferes with the operation of the Platform or Services;
5.8.9 Abuse, damage, disrupt, or interfere with the Platform or Services;
5.8.10 Introduce malware, spam, or hack any of Snag’s systems;
5.8.11 Hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Snag Platform, Services, or Content;
5.8.12 Decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Snag Platform or Services;
5.8.13 Take any action that could damage or adversely affect the performance or proper functioning of the Snag Platform;
5.8.14 Use any deep-link, page scrape, robot, crawl, index, spider, click spam, macro program, internet agent, or other automatic device, program, algorithm, or similar methodology to use, access, copy, acquire information, generate impressions or clicks, input or store information, search, generate searches, or monitor any portion of the Snag Platform or Services;
5.8.15 Disguise the origin of any information transmitted to, from, or through the Platform or Services;
5.8.16 Lie, misrepresent something or someone, or pretend to be someone else. For the avoidance of doubt, pursuant to this Section, you agree that you may not and will not:
5.8.16.1 Create a fake Listing or a Listing for a non-existent Property or Sublet;
5.8.16.2 Create a Listing for a Property or Sublet to which you do not have access or a right to advertise, list, or sublet;
5.8.16.3 Use inaccurate, fake, misleading, or non-representative photos on any Profile or Listing, including photos that do not display the actual space or person on the Listing or Profile, as the case may be;
5.8.16.4 Misrepresent or list fake, non-existent, or different-than-actual roommates on a Listing;
5.8.17 Abuse the functionality of the Platform or Services, including, without limitation, by:
5.8.17.1 Spamming other Users;
5.8.17.2 Initiating communications with other Users where you have no intention of subletting a Property to or from some or all of those Users;
5.8.17.3 Connecting with, or adding as a friend, multiple Users that you do not know or recognize.
5.8.18 Attempt to evade enforcement of these Terms or Snag policies;
5.8.19 Discriminate against or harass others.
5.9 Limitations on Use. You agree that you will only use the Snag Platform and Services as authorized by these Terms or another agreement with us. Specifically:
5.9.1 You agree to only use another User’s personal information as necessary to facilitate a transaction as authorized by these Terms;
5.9.2 You agree not use the Snag Platform, our messaging tools, or Users’ personal information to send commercial messages without their express consent;
5.9.3 You agree that you may use Content made available through the Snag Platform or Services solely as necessary to enable your use of the Snag Platform as a Sublessee or Sublessor;
5.9.4 You agree not to use Content unless you have permission from the Content owner or the use is explicitly authorized by us in these Terms or another agreement you have with us;
5.9.5 You agree not engage in any practices that are intended to manipulate our search algorithm;
5.9.6 You agree not use, copy, display, mirror or frame the Snag Platform, any Content, any Snag branding, or any page layout or design without our consent; and
5.9.7 You agree not to misappropriate Content or intellectual property that belongs to Snag or to any User.
5.10 Multiple Accounts. You agree not to create or use more than one account without Snag’s express written consent.
6.1 Your Responsibilities. You are responsible for your actions and the actions of anyone you invite to use the Platform or access any Sublet (including its Common Areas) provided through the Services. Snag is not a party to any agreement between any Sublessor and any Sublessee or third-party for any Sublet, and you agree that Snag is not liable for any acts or omissions of any Sublessor, Sublessee, or third party.
6.2 Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of, in connection with, or otherwise pertaining to your access to and use of the Snag Platform and Services and any related Content, including your stay at any Sublet, use of any other Sublessor Service, or any other interaction you have with other User whether in person or online. This means it is your responsibility to investigate a Sublessor Service or Sublet to determine whether it is suitable for you. For example, Sublets may carry risk of, without limitation, illness, bodily injury, disability, or death, and you freely and willfully assume those risks and all others arising out of, in connection with, or otherwise pertaining to your engagement with the Platform, Services, Users, and any Sublet by choosing to use the Platform or Services. For the avoidance of doubt, this assumption of risk does not, in any way, confer any third-party right or benefit on any Sublessor that would in any way limit or impair any right of any Sublessee to take action against such Sublessor for that Sublessor’s negligence or misconduct. You agree that you have had the opportunity to thoroughly investigate Snag and any applicable laws, rules, regulations, and obligations, and that you are not relying, have not relied, and will not rely upon any statement of law made by Snag or its affiliates.
6.3 Assumption of Third-Party Risk. Snag allows Users to post Listings for Shared Spaces. You agree that as a Sublessee, that the foregoing assumption of risk set forth in Paragraph 6.2 above shall apply to any stay, tenancy, license, or occupancy you may have in a Shared Space, including based on the acts or omissions of other occupants of any such Shared Space or third parties. You agree, as a Sublessor, to assume all risk incident to Listing, advertising, or offering for Sublet via the Platform or Services any Shared Space, including any risk of harm caused to or by you, any Sublessee, or any third party. You further agree, in any capacity as a User, and without limitation on any other Section hereof, to be bound by the indemnification provisions and limitations of liability set forth in Section 12 of these Terms. Notwithstanding the foregoing, nothing in this Paragraph 6.3 shall in any way limit the right of any User to take action directly against any non-Snag or non-Snag-affilliate third-party or any occupant of a Shared Space based on that party’s negligence, recklessness, or willful or criminal misconduct.
7.1 Community Standards. Snag is committed to ensuring that Users are treated with respect. Discriminatory and illegal behavior are not tolerated. You agree, by entering into these Terms, to be bound by Snag’s Community Policy, as may be updated from time to time, which is incorporated herein by reference.
7.2 Content Removal. Snag reserves the right to remove any Listing, Profile, or Content that it deems harmful, undesirable, or in violation of these Terms at its sole discretion.
8.1 Mobile Number. By providing your mobile phone number to Snag or otherwise providing express consent, you consent to receive SMS text messages from us regarding promotional, transactional, or informational communications related to Snag’s Platform, Services, and events.
8.2 Prior Express Written Consent. In accordance with TCPA requirements, by opting in, you represent that you have given prior express written consent, where required, to receive SMS messages from us.
8.3 Frequency; Rates. Message frequency may vary based on your interactions with us. Standard message and data rates may apply.
9.1 Term. This Agreement is effective when you first access the Platform and remains in effect until terminated by you or by Snag in accordance with these Terms.
9.2 Account Suspension and Termination. Snag may, with or without notice or explanation, and with immediate effect, suspend or terminate your account with or without notice if:
9.2.1 you violate any part of these Terms or any additional Snag terms, policies, or standards;
9.2.2 you violation any laws, regulations, or third-party rights;
9.2.3 Snag believes, in its sole, exclusive, and absolute discretion that you have engaged in conduct that undermines the trust-based environment of the Platform or Services in any way; and/or
9.2.4 Snag believes or deems, in its sole, exclusive, and absolute discretion that such suspension or termination is necessary or appropriate, including, without limitation, to protect Snag, any User, or any third party;
9.3 Suspension and Limitations. You agree that Snag may, for any reason or for no reason:
9.3.1 Suspend or limit your access to, or use of, the Platform, Services, your account, and/or your profile;
9.3.2 Suspend, remove, disable access to, or restrict visibility of any Listing or other Content; and/or
9.3.3 Suspend or revoke any special status associated with your account.
9.4 Termination by You. You may terminate this agreement at any time by deleting your account. Termination of this agreement will not affect your rights or obligations relating to or arising out of your use of the Snag Platform before you terminated the agreement.
9.5 Termination for Convenience by Snag. Snag may terminate this agreement for any reason or for no reason after providing you with 48 hours’ notice of its intent to terminate using any contact information you have provided for your account. Snag may thereafter terminate this agreement immediately and without further notice and block you from accessing the Snag Platform. If your account has been inactive for more than one year, we may terminate your account without prior notice.
9.6 Legal Mandates. Snag may take any action it determines is reasonably necessary or appropriate to comply with applicable law, law enforcement, court order, or the order or request of any court, court officer, law enforcement agency, administrative agency, governmental body, or similar.
9.7 Effect of Termination. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Snag Platform or Services has been limited, or your Snag account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Snag Platform or Services through an account of another User.
10.1 Use. Snag offers you the ability to use the Snag Platform and Services in accordance with these Terms.
10.2 Contracting with Users. When you engage with another User via the Snag Platform or Services, you may thereafter elect to enter into a contract directly with that User. Snag is not a party to any such contract between Users.
10.3 Independence. Your relationship with Snag is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Snag, unless otherwise explicitly stated herein. Snag does not direct or control any Listing, Sublet, or any services any User may offer in connection therewith, and you understand that you have complete discretion whether and when to provide a Listing, Sublets, or services, and at what price and on what terms to offer them.
10.4 Creating and Managing Your Listing. You agree to ensure that your Listing. At all times, contains complete and accurate information, including pricing, rules, and requirements. You are responsible for keeping your Listing updated and for obtaining any necessary insurance. You agree to obtain any permits, licenses, or registrations as required by law in connection with your Listing and Sublet. You may only maintain one Listing per Sublet, but you may have multiple Listings for a single property if that property has multiple places to stay.
10.5 Legal Obligations. You are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Listing and Sublet. For example: Some landlords and leases, or homeowner and condominium association rules, restrict or prohibit subletting or stays of certain lengths. Some cities have zoning or other laws that restrict certain rentals of residential properties. Some jurisdictions require Sublessors to register, get a permit, or obtain a license before providing certain Sublets for rent. In some places, the Sublets you may want to offer may be prohibited altogether. Some jurisdictions require that you register Sublessees who stay at your Sublet. Some jurisdictions have laws that create tenancy rights for Sublessees and impose additional obligations on Sublessors. Some places have landlord-tenant, rent control, rent stabilization, and eviction laws that may apply to certain stays. You agree that you are solely and exclusively responsible for knowing, understanding, and complying with your local rules and for learning what rules apply to any Sublet or Listing you plan to offer and that you will not offer, advertise, or create a Listing for any Sublet or offer for rental, license, or sublet any Property that would violate any applicable law, rule, regulation, or that would breach any contract with any third party. Information we provide regarding legal requirements is for informational purposes only, and you should independently confirm your obligations. The information in this section is neither comprehensive nor legal advice. You are responsible for handling and using personal data of Sublessees and others in compliance with applicable privacy laws and these Terms. If you have questions about how local laws apply you should always seek legal advice from a licensed attorney. In addition to the foregoing, you agree that you will:
10.5.1 Follow the laws that apply to you, including privacy, data protection, and export laws;
10.5.2 If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy;
10.5.3 Read and follow these Terms and our policies;
10.5.4 Do not use the name, logo, branding, or trademarks of Snag or others without permission;
10.5.5 Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that is confusingly similar to any Snag trademark, logo. or branding;
10.5.6 Do not publish, advertise, or offer any Listing or Sublet that violates laws or agreements that apply to you;Do not offer or solicit prostitution or participate in or facilitate human trafficking.
10.6 Reporting Violations. If you believe that a User, Listing, Sublet, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Snag. In addition, if you believe that a User, Listing, or Content has violated these Terms or Snag policies or standards, you should report your concerns to Snag. If you reported an issue to local authorities, Snag may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
10.7 Intellectual Property Notifications. If you believe that any Content on the Snag Platform infringes on any intellectual property rights of others, please notify us, and furnish the following:
10.7.1 An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
10.7.2 A description of the work that you claim has been infringed;
10.7.3 A description of where the material that you claim is infringing is located on the Snag Platform;
10.7.4 Your address, telephone number, and e-mail address;
10.7.5 A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
10.7.6 A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Moss & Moss LLP, who can be reached at:
Moss & Moss LLP
ATTN: Snag IP Agent
381 Park Avenue South, Suite 1220
New York, New York 10016
10.8 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing any services in connection with your Listings or Sublets. You are responsible for setting your price and establishing rules and requirements for your Listing.
10.9 Taxes. You are responsible for all tax obligations (including VAT, occupancy, tourist, income, or other taxes) related to the provision of, or stay at, any Sublet or in connection with any Listing, as the case may be. Snag does not collect or remit taxes or process payments on behalf of Users.
11.1 Platform Access; Provision of Services. Snag provides the Platform and Services as a tool for Sublessors and Sublessees to interact. While Snag strives to ensure a positive experience, it does not control the conduct of any User.
11.2 Monitoring and Enforcement. Snag reserves the right, but does not have any obligation, to monitor, record, disable access to, remove, edit, and review any communications and Content on the Snag Platform and Services for, without limitation, the following purposes:
11.2.1 To operate, secure and improve the Snag Platform (including for fraud prevention, risk assessment, investigation and customer support purposes);
11.2.2 To ensure Users’ compliance with these Terms;
11.2.3 To comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body;
11.2.4 To address Content that we determine is harmful or objectionable;
11.2.5 To take actions set out in these Terms;
11.2.6 To maintain and enforce any quality or eligibility criteria, including by removing Listings; and
11.2.7 For any other purpose that Snag, in its sole, exclusive, and absolute discretion deems necessary or appropriate under the circumstances.
11.3 Additional Policies. Users acknowledge and agree that Snag administers additional policies, terms, and standards, and has sole, exclusive, and absolute discretion in determining whether and how to apply them to a particular situation. Users agree to cooperate with and assist Snag (and its affiliates) in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us regarding the use or abuse of the Snag Platform or Services. Snag does not act as an agent for any User.
12.1 Modification of These Terms. Snag may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Snag Platform or Services and update the “Last Updated” date and Version number at the top of these Terms. We may also provide you with notice of any material changes by email, notifications through the Snag Platform, messaging service, or any other contact method made available to us by you at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Snag Platform or Services will constitute acceptance of the revised Terms.
13.1 Disclaimer of Warranties. The Platform, Services, and all Content thereon are provided “as is” without warranty of any kind, whether express or implied. Snag disclaims all warranties related to the existence, performance, safety, quality, legality, suitability for a particular purpose, or suitability of any Content, Listings, Sublets, or third-party services. Snag does not endorse or ensure the safety, quality, legality, or suitability of any User or third party. Snag does not warrant the performance or non-interruption of the Snag Platform or Services. Snag does not warrant that any of Snag’s technologies or processes can identify any User past misconduct or prevent future misconduct. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties Snag or its affiliates cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.
13.2 Limitations of Liability. Neither Snag (including its affiliates and personnel) nor any party involved in delivering the Services will be liable for any incidental, special, exemplary, or consequential damages (including without limitation, lost profits, data, goodwill, service interruption, computer damage, or device failure, the cost of substitute products or services) or for any personal, bodily, or emotional injury or distress – whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Snag has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose – arising out of, in connection with, or in any way pertaining to:
13.2.1 These Terms;
13.2.2 The use of or inability to use the Snag Platform, Services, or any Content;
13.2.3 Any communications, interaction or meeting you may have with someone you interact or meet with, through, or as a result of, your use of the Snag Platform or Services;
13.2.4 Publishing a Listing;
13.2.5 The provision or use of Sublets
13.3 Aggregate Liability. You agree that in no event will Snag’s aggregate liability for any claim, controversy, or dispute arising out of, in connection with, or in any way pertaining to these Terms, your interaction with any User, or your use of or inability to use the Snag Platform or Services, any Content, or any Listing or Sublet:
13.3.1 As a Sublessee or a Sublessor, exceed the amount you have paid to Snag during the 12-month period prior to the event giving rise to the liability;
13.3.2 As to anyone else, one hundred U.S. dollars (US$100).
13.4 Specific Release of Liability. For the avoidance of doubt, and without limiting the scope of the General Release of Liability in the preceding paragraph, you further agree, on behalf of yourself and your heirs, successors, assigns, and legatees to fully and forever release Snag’s employees, officers, contractors, or other agents from any personal liability they may have for any action, omission, or occurrence relating in any way to their work for Snag or your use of Snag’s Platform or Services.
13.5 Indemnification. To the maximum extent permitted by applicable law, you agree to release, defend (at Snag’s option), indemnify, and hold Snag (including its affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
13.5.1 Your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our additional Terms, policies, or standards;
13.5.2 Your improper use of the Snag Platform;
13.5.3 Your interaction with any User or stay at an Sublet, including, without limitation, any injuries, losses or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use;
13.5.4 Your failure to accurately report, collect, or remit Taxes;
13.5.5 Your breach of any contractual obligation;
13.5.6 Your breach of any laws, regulations, or third-party rights such as intellectual property or privacy rights;
13.5.7 Your use of the Platform or Services; and
13.5.8 Any Sublet or Property, including any Shared Space, which you advertise, offer, create a Listing for, enter, license, occupy, purchase, rent, lease, or sublease in connection with, or in any way pertaining to, your use of the Platform or Services.
You agree to indemnify and hold Snag (including Snag affiliates and their personnel) harmless from and against any of the aforementioned claims, liabilities, damages, losses, and expenses, regardless of Snag’s responsibility for negligence and howsoever the same may be caused.
13.6 Fundamental Elements. The foregoing provisions in this Section 12 are fundamental elements of the agreement between you and Snag. If applicable law does not allow the foregoing limitations set out in these Terms, the above limitations may not apply to you.
PLEASE READ THE SNAG’S DISPUTE RESOLUTION POLICY AND ARBITRATION AGREEMENT CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND SNAG AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. The Dispute Resolution Policy and Arbitration Agreement are accessible at [BM7] https://www.joinsnag.com/legal/dispute-resolution and are incorporated herein by reference. The version published at that link supersedes all prior versions.
15.1 Competency. You represent that you are at least 18 years old and that you are of sound mind and have the capacity to accept these Terms.
15.2 Section 230(d) Notice. There are commercially-available parental control protections that may assist you in limiting access to material that is harmful to minors. . Common Sense Media, a 501(c)(3) nonprofit organization that is not related to Snag in any way, maintains a partial list of available parental control protections, which can be found at https://www.commonsensemedia.org/articles/parents-ultimate-guide-to-parental-controls. The United States Federal Trade Commission also offers advice about protecting children online, which is available at https://consumer.ftc.gov/articles/parental-controls.
15.3 TCPA Authorizations. You authorize Snag to contact you using any contact information you provide to us, including by email, SMS message, or phone call (including automated calls). You expressly authorize us to send you commercial messages, including marketing messages for Snag’s services.
15.4 Governing Law and Venue. You agree that these Terms will be governed and interpreted exclusively in accordance with the laws of the State of New York and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement herein must be brought in state or federal court in New York County, New York State, unless you and we both agree to some other location. You and we both consent to venue and personal jurisdiction in New York County, New York State.
15.5 Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
15.6 Survival. All parts of these Terms that, by their nature, can survive termination, will survive termination of this Agreement.
15.7 Waiver. The failure of either Party to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms must be in writing and signed by an authorized representative of the waiving Party.
15.8 Construction. The Parties agree that this Agreement should not, and may not, be construed as against one Party or the other as a drafter hereof. The Parties hereby waive all rights to have this Agreement, in whole or in part, interpreted in favor of one Party over the other.
15.9 Relationship of the Parties. Neither these Terms nor your use of the Snag Platform shall be construed to create a partnership, joint venture, employment, or other agency relationship between you and Snag, nor shall either Party hold itself out as an agent of the other. Neither Party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other Party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
15.10 Entire Agreement. These Terms govern your relationship with Snag and supersede all other understandings or agreements you may have with Snag. The application of these Terms, as now in effect or as hereafter modified or amended, to you shall not be limited or excluded except through a written agreement with you signed by an authorized representative of Snag and specifically providing that such agreement shall apply notwithstanding contrary provisions of these Terms.
