Last Updated (Effective): December 13, 2022
These Terms of Use (“Terms”) govern your use of Snow Corp.’s (“SNOW”, “We”, “Us”, or “Our”) VITA mobile application, website, and related services (“Services” or “VITA”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the VITA (collectively referred to as "Content") referencing these Terms.
BY CLICKING TO ACCEPT THESE TERMS, YOU ARE ACKNOWLEDGING AND AGREEING TO BE BOUND AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY, FOUND AT THIS LINK, SO PLEASE READ THEM CAREFULLY. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES
1. Your Agreement With SNOW.
1) By accessing or using the Services or VITA, these Terms form a legally binding contract by and between SNOW and you. You represent and warrant that you are not prohibited or otherwise restricted from using the Services under the laws of any applicable jurisdiction and agree to comply with these Terms and all applicable laws and regulations.
2) You must be at least thirteen (13) years of age or older. If you are under the age of thirteen (13), you may only use our Services with the prior consent of your parent or legal guardian. Please ensure that your parent or legal guardian has reviewed and discussed these Terms with you prior to your use of Services. If you are a parent or legal guardian and you have consented to your child’s use of the Services, these Terms apply to you and you are responsible for your child’s activity relating to the Services.
3) Changes to the Terms and Services
The current version of the Terms is effective as of the “Last Updated” date above. ​We may, from time to time and at our sole discretion, update these Terms by providing modified versions of the Terms on the VITA website (https://vday.io/) and/or the VITA App. You acknowledge that by doing so, we have provided you with sufficient notice of the amendment. Although we will notify you of any material changes to the Agreement via banner notice across the VITA Website and/or the VITA App or other means possible and appropriate for the type of notice provided, you also have the responsibility to periodically access the VITA website and VITA App to review the most up-to-date version of the Terms. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.
Our services are always changing and evolving and we may, without providing any prior notice, change or cease provision, or create limitations or restrictions to the use, of the Services or any portion thereof. We may also, without notice and at our sole discretion, permanently or temporarily terminate or suspend your use of Services or any portion thereof if, in our opinion, you have violated any provision of these Terms of Use.
2. Privacy & Protection of Personal Information
We respect your privacy and have established certain policies and procedures relating to the collection and use of your personal information in connection with your use of the Services. The VITA Privacy Policy, which sets forth such policies and procedures and can be found at this link, is hereby incorporated into these Terms. By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services (including the transfer of your information to the Republic of Korea, the United States and/or other countries for storage, processing and use by SNOW) in accordance with the Privacy Policy as updated from time to time.
We do not knowingly collect personal information from any user of our Services under the age of 16 without consent from a parent or legal guardian. Any parent or guardian who believes that a user under the age of 16 may have provided personal information without their consent should contact us at dl_vita_support@snowcorp.com. In such a case, we will take necessary actions to delete the personal information of the user under the age of 16.​
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your SNOW account, which you may not be able to opt-out from receiving.
3. User Content
The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. And you agree to abide by our Community Guidelines, which may be updated from time to time.
You agree and represent that your User Content does not violate or infringe any rights, including but not limited to rights of privacy, publicity, copyrights, trademarks, or any other intellectual property rights, of any third party and that you are solely responsible for your User Content and any claims arising therefrom, and that SNOW is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion and the right, to review, screen, and delete User Content at any time and for any reason and take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Services.
You retain all ownership rights in your User Content. However, by submitting User Content to SNOW, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"), subject to any privacy settings you have set to control who can see your User Content.
4. Community Guidelines
Our goal in creating these rules is to accommodate the broadest range of self expression while balancing the need for VITA users to be able to use our service safely and enjoyably.
Don't send people messages they don't want to receive-especially if the message is mean. Be thoughtful about what you send a message and whom you send it to.
Be thoughtful about what you send a message and whom you send it to. It's okay with us if someone takes a screenshot, but we can't speak for you or your friends. VITA attempts to detect screenshots and notify the sender, but it doesn't always work perfectly - and your friend can always capture the image with a camera.
Keep it legal. Don't use VITA for any illegal shenanigans and if you're under 18 or are messaging with someone who might be: keep your clothes on!
What not to send:
- Pornography
- Nudity or sexually suggestive content involving minors (people under the age of 18)
- Minors engaged in activities that are physically dangerous and harmful
- Invasions of privacy
- Threats
- Harassment or Bullying
- Impersonation
- Self-Harm
Violating these rules may result in the removal of content, the suspension of your account and being prohibited from using VITA in the future. Please take these rules seriously and honor them in the spirit in which they are intended. The rules will change and evolve along with the VITA user community. We will do our best to enforce them consistently and fairly, and ultimately we'll try to do what we think is best in each situation, at our own discretion.
5. Feedback
You agree that any feedback, suggestions, ideas, or other information or materials regarding SNOW, VITA or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of SNOW. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
6. VITA Content
Unless otherwise stated and except for your User Content, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials, interactive elements, compilation, compute code, products, look and feel, features, software, names, logos, trademarks, and other elements of the Services (collectively, "VITA Content"), as well as their selection and arrangement, belong to us and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of VITA Content may violate such laws and these Terms. Except as expressly provided in these Terms, SNOW does not grant any express or implied rights to use VITA Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, VITA Content, the Services, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and VITA Content for personal and non-commercial purposes. This license is revocable at any time. This license is subject to these Terms and does not include:
- The distribution, public performance, or public display of VITA Content;
- Modifying or otherwise making any derivative uses of the Services or VITA Content, or any portion thereof;
- Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
- Downloading (other than page caching) any portion of the Services, VITA Content, or any information contained therein, except as expressly permitted on the Services;
- Accessing the VITA API with an unauthorized or third-party client; and
- Any use of the Services or VITA Content other than for their intended purposes.
- Any use of the Services or VITA Content other than as specifically authorized in these Terms, without the prior written permission of SNOW, is strictly prohibited and will terminate the license to use SNOW granted in these Terms.
We also reserve all rights not expressly granted in these Terms.
7. Restrictions on Use of Music Pieces
In case where you create any User Content incorporating any music pieces licensed from a third party (“Licensed Music Pieces”) within the Services, you agree that:
- Your access and use of such Licensed Music Pieces are explicitly granted upon your agreement to these Terms;
- You will use such Licensed Music Pieces for personal, non-commercial purposes only (in particular, not for the purpose of promoting any brand or product) in connection with original contents that you created;
- You will not change or edit such Licensed Music Pieces or parts thereof, except as required to synchronization with your User Content;
- You will not incorporate your User Content containing such Licensed Music Pieces in a software application or video game;
- You will not incorporate such Licensed Music Pieces in productions that are produced for the purpose to be used, licensed, sold or in any other way exploited by any third party
- You will not make available such Licensed Music Pieces on a stand-alone basis or use such Licensed Music Pieces for the primary purpose of creating a music listening experience;
- You will not use such Licensed Music Pieces in any TV, OTT, cinema, radio, podcast productions or other productions to be published within paid media space;
- You will abide by the licensing terms of the third-party licensor that apply to such Licensed Music Pieces;
Notwithstanding the above, you may clear rights not included in these Terms directly with the relevant third-party licensor, whose contact information will be provided by SNOW upon your written request.
You further agree that the relevant third-party licensor of the Licensed Music Pieces may place monetization claims on your User Content.
8. Prohibited Activities
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- Compromise the security of the Services;
- Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
- Use or attempt to use another user's account without authorization;
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
- Engage in any harassing, intimidating, predatory, or stalking conduct;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual's consent;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your VITA account, messages, a VITA username, or a friend link without VITA's prior written consent;
- Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply to the Services or when posting reviews of VITA, including the iTunes App Store Terms of Service or the Android Market Terms of Service. Posting VITA usernames in app store reviews is strictly prohibited and may result in us deleting your VITA account.
9. Your License To Use the Services
1) SNOW gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by SNOW as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SNOW, in the manner permitted by these Terms.
2) Account Information. You need to create an account with us in order to use our Services. It is your responsibility to keep your log-in credentials secure and you are responsible to SNOW for all activities that occur via your account.
10. SNOW Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of SNOW and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the SNOW name or any of the SNOW trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SNOW, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
11. Copyright Policy & the Digital Millennium Copyright Act (“DMCA”) Compliance
SNOW respects the intellectual property rights of others and expects users of the Services to do the same.
You therefore may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right. When you submit your User Content to the Services or use our extraction feature to incorporate any audio file or music into your User Content, you are solely responsible for ensuring and must ensure that you own that User Content, audio file or music, or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services (including, if applicable, the right to make mechanical reproductions of the musical works embodied in any sound recordings, synchronize any compositions to any content, publicly perform any compositions or sound recordings, or any other applicable rights for any music not provided by SNOW that you include in your User Content).
SNOW honors copyright laws, including the Digital Millennium Copyright Act (“DMCA”), and takes reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. Therefore, we will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, SNOW will also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
SNOW, Inc.
Attn: Copyright Agent
5700 Wilshire Blvd, Suite 220, Los Angeles, CA 90036
Email: dl_copyright_agent_snow@snowcorp.com
Phone Number: 323-424-3795
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); and (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
12. Our Disclaimer of Warranties
1) You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our Services do not necessarily reflect our views. We do not support or endorse certain content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.
2) Although we do what we can to provide security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.
3) Disclaimer of Warranties: USE OF THE VITA WEBSITE, VITA APP AND/OR CONTENT IS AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SNOW MATERIALS ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. ​
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Our Limitation of Liability.
Except where prohibited by law, in no event will SNOW or the SNOW Parties be liable, to the fullest extent provided by law, for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if SNOW has been advised of the possibility of such damages. We will not be liable to you for any direct, indirect, incidental or consequential damages or loss incurred to you and you assume total responsibility for your use of the Services. Your only remedy against SNOW for dissatisfaction with the Services or any content is to stop using the Services. You further acknowledge that we will not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
In any case, If, notwithstanding these Terms, SNOW is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, SNOW's and its affiliates’ aggregate liability shall in no event exceed the total amount you actually paid, if any, for the Services in the six (6) month period immediately preceding the event giving rise to the claim. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you and you may have additional rights.
14. Governing Law & Dispute Resolution
If you live in or if the principal place of your business is in the United States of America (“USA”):
1) You agree that the laws of California, USA will apply to any disputes arising out of or relating to these Terms or the Service, without giving effect to its choice of law rules. You agree that any legal suit, cause of action or proceeding that may arise out of or relating to these Terms or the Service shall be instituted exclusively in the competent federal or state courts located in California, USA, and you agree to waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.
2) Jury Trial & Class Action Waiver. You hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or relating to these Terms or the Service. To the extent permitted by applicable law, you agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.
If you live in or if the principal place of your business is in any country other than USA (including the Republic of Korea):
1) You agree that the laws of the Republic of Korea will apply to any disputes arising out of or relating to these Terms or the Service, without giving effect to its choice of law rules. You agree that any legal suit, cause of action or proceeding that may arise out of or relating to these Terms or the Service shall be instituted exclusively in the courts located in the Republic of Korea, and you agree to waive any and all objections to exercise of jurisdiction over you by such courts and to venue in such courts.
Disclaimer: the U.N. Convention on Contracts for the International Sale of Goods is hereby disclaimed.
15. Termination
1) Your rights under this Agreement will automatically terminate if you fail to comply with any of these Terms of Use. In case of such termination, you must cease all use of the Service, and we reserve the right to immediately revoke your access to the Service. We may, at our sole discretion, suspend your access to the Service in part or in whole if you fail to comply with these Terms. Our failure to exercise or enforce these Terms will not constitute a waiver of such term or any of our rights or remedies.
2) You can also stop using our Services at any time.
3) We may add, modify, or remove features or functionalities, and we may suspend or stop a Service. We may also stop providing Services to you, or add or create new limits to our Services at any time.
4) In case there are any fees you paid for or in regards to our Services prior to termination, such fees are not refundable. In addition, termination of your account does not relieve you of any payment obligations.
5) If the Service is terminated or discontinued, then we will make reasonable effort to notify you and provide an opportunity to retrieve your content. If your group administrator terminates your access to a Service, then you may no longer be able to access content that you or other members of the group have posted to a shared workgroup or shared workspace.
16. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates against any losses, liabilities, claims, causes of action, and expenses (including, but not limited to, reasonable attorney’s fees and costs of investigation, whether before or after assertion of a formal claim, and reasonable litigation expenses) arising out of or relating to your use of the Service, your violation of this Agreement, or your violation of any applicable law or regulation.
17. General Terms
1) Export Control. You acknowledge that the Service, and your use and handling of the Service, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Service and SNOW Content. You agree to comply with all such laws, restrictions, and regulations.
2) English Version. The English version of this agreement will be the version used when interpreting or construing this agreement.
3) Severability: If a court finds any section of the Terms or invalid or unenforceable, the rest of the Terms still apply.
4) No Waiver: If we don't enforce (or we delay enforcement) of the Terms against you, we haven't waived our enforcement rights.
5) Assignment or Transfer: You can't assign or transfer your rights or obligations under this agreement to someone else without SNOW's written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission.
6) Entire Agreement. These Terms are the entire and exclusive agreement between SNOW and you regarding the Services, and these Terms supersede and replace any prior agreements between SNOW and you regarding the Services.
SNOW welcomes questions, concerns, or suggestions. Please send feedback to us by email: dl_vita_support@snowcorp.com
- Effective Jul 20, 2022 ~ Dec 12, 2022: Link