Snorble Terms and Conditions

Welcome to Snorble®, an engaging and intelligent buddy that helps children and families develop healthy habits and bedtime routines. Snorble Incorporated, including any current or future affiliates and subsidiaries (collectively “Snorble”) provides the Snorble doll, including the hardware and software inside, as well as any peripheral devices (the “Device”), the Snorble mobile application, including current or future software (the “App”), and the Snorble website located at https://snorble.com (the “Site”). These Terms and Conditions (the “Terms”) apply to your use of and access to the Device, the App, and the Site (collectively the “Services”). Your use and access are also governed by the Privacy Policy (accessible at https://snorble.com/policies/privacy-policy).

In these Terms, any use of the words "you," "yours," or similar expressions refers to users of our Services. References to "we," "us,” "our" or similar expressions refer to Snorble.

By accessing or using our Services, you are acknowledging that you have read, understood, and accept these Terms and Conditions.

We’re thrilled you’re placing your trust in our service, and this page provides some transparency so you know what to expect. Here, you’ll find:

What to expect from us (the services we’ll provide)
What we expect from you (how we intend our service to be used)
Content ownership (what is yours and what is ours)
What to do if there’s a problem or disagreement

It is important to read and fully understand these Terms and Conditions, as it is a legally binding agreement that applies to your use of Snorble’s Services.

NOTICE OF ARBITRATION: PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SNORBLE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

AUTO-RENEWAL NOTICE: SOME OF SNORBLE'S SUBSCRIPTIONS FOR SERVICES ARE AUTO-RENEWING ON A RECURRING BASIS. THIS MEANS THAT WE WILL BILL THE CREDIT CARD THAT YOU PROVIDE TO US UPON YOUR INITIAL PURCHASE AND ON A RECURRING BASIS AT THE BEGINNING OF EACH RENEWAL PERIOD. BY SIGNING UP FOR RECURRING SUBSCRIPTION PLANS, YOU AUTHORIZE RECURRING CHARGES TO YOUR CREDIT CARD. Please see other terms below in Section 3 (“Fees and Payment”) regarding your subscription to the Services, including with regard to terminating your subscription.

Access to Site and Services.
1. License. Subject to these Terms and the Privacy Policy, Snorble grants you a temporary, limited, non-exclusive, revocable, non-transferable, and non-sublicenseable license to access those portions of the Services available to you based on your subscription. By agreeing to grant such access, Snorble does not obligate itself to maintain the Services in its present form. Snorble may upgrade, modify, change or enhance the Services at any time in Snorble’s sole discretion. The Services have limited functionality for users who do not subscribe as set forth in Section 2.
2. Use of the Services by Children. Subject to the laws of your country of residence, minors (a “Child” or “Children”) may utilize the Services through an account established by a parent or legal guardian. In accordance with the requirements of the Children’s Online Privacy and Protection Rule (COPPA), Snorble seeks parental approval of a Child’s use of the Services through methods approved under applicable law. In the event that you permit your Child to use the Services, you agree to these Terms on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Services by your Child whether or not such uses were authorized by you. We may (a) ask the parent for payment card information; (b) contact the parent with an email address or other contact information supplied by the Child to confirm, refuse or modify his/her Child’s registration; and/or (c) ask the parent to provide additional documentation or perform additional actions as part of the approval process as consistent with applicable law. Snorble reserves the right to refuse access to the Services pending confirmation and activation by the Child’s parent or guardian. In addition, Snorble reserves the right to ask for written proof of parental consent for any user or potential user of the Services we suspect is a minor. Use of the Services by Children must take place under the responsibility of their parents or legal guardians, and any use of the Services is assumed to have been validated by them. Pursuant to 47 U.S.C. Section 230 (d) as amended, Snorble hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
3. Suspension. Snorble may suspend your access to the Services at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Services, if you have failed to comply with any of the terms of these Terms, or if any information or documents provided by you are false, misleading, or deceptive.
4. Accurate Information. You represent and warrant that all information and documents provided by you are accurate, truthful, and authentic.
5. Authorization and Ownership. You represent and warrant that any information, data, documents, or any other content (“User Content”) that you choose to upload or otherwise provide to Snorble in connection with the Services is either owned by you, or that you have the legal right to upload or provide such User Content to Snorble. You also agree to indemnify, hold harmless, and defend Snorble and its affiliates from and against any action, cause, claim, damage, demand, liability, or loss, including reasonable costs and attorneys’ fees, asserted by any person, arising out of, or relating to a claim that your upload or provision of User Content infringes or violates the rights of any third-party.
6. Compatibility; Equipment. You are solely responsible for providing, maintaining, and ensuring compatibility with the Site and App including all hardware, App, electrical, and other physical requirements for your use of the Services, including, without limitation, telecommunications, internet access connections, web browsers or other equipment, programs and similar services. This includes, for example, maintaining a mobile device that is compatible with the current version of the App (for App users).
7. Security. You agree not to transfer or share your access or any login information to or with any third-party (excluding immediate family members living in the same household). You are solely responsible for any authorized or unauthorized use of your username, password, and access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Services with your password. You agree to accept responsibility for all activities that occur under your account or password. Snorble reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders or subscriptions in its sole discretion.
8. Your Obligations. You agree to abide by any rules that Snorble publishes with respect to use of the Services and any other current or future rules and regulations communicated to you either by posting such rules or regulations to the Site or delivered to you by e-mail. Any such rules or regulations are incorporated into these Terms. Snorble reserves the right to deny you access to the Services if, in Snorble’s sole discretion, you have failed to abide by these Terms. You further agree you will comply with all applicable laws, rules, and regulations whether local, state, federal, or otherwise.
Premium Accounts.
1. Subscriptions. Premium subscriptions to the Site and/or App provide you with access to additional features and information, as well as the ability to purchase and access additional portions of the Services. Subscriptions are not available to any individual under the age of 16. Snorble may offer different types of subscriptions now or in the future with different levels of access, including to individuals, businesses, or other organizations. In order to become a subscriber, you must timely pay all fees as set forth in Section 3.
Fees and Payment.
1. Fees. Unless expressly stated otherwise, your use of the Services will be subject to the pricing terms available at https://snorble.com/pages/fees (the “Fees”). We may offer different types of subscriptions, or access levels with different pricing formats and fees. You agree to pay all costs and fees for any Services that you purchase or request. All associated fees and fee waivers are subject to change at Snorbles’s sole discretion by providing notice to you at the e-mail address associated with your account. Any changes to Fees shall take effect thirty (30) days following the Effective Date of the revisions, unless a later date is provided by Snorble.
2. As noted above, Fees for some of our subscription plans are auto-renewing on a recurring basis. You hereby authorize recurring charges to the payment card that you provide to us. We will bill your payment card upon your initial purchase (or at the end of a free trial if applicable) and on a recurring basis at the beginning of your new renewal period. You agree that Snorble will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under these Terms. You are responsible for letting us know immediately if you suspect any unauthorized use of your payment card or login credentials.
3. You may cancel your recurring subscription at any time by editing your user choices associated with your account profile.
4. Method of Payment Required. Snorble may require that you provide a method of payment as part of the registration process, which may include credit card, or other methods of payment identified by Snorble during the registration process. By providing any method of payment, you represent and warrant that you are authorized to use such method of payment and that you will be billed the amount of money for your purchase. Prior to the purchase of any subscription, a la carte content, or other Services, you must provide us with a valid method of payment and any associated payment information necessary to process such purchase, which may include any or all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; (v) any activation numbers or codes needed to charge your card; and (vi) any other information which may be reasonably requested to assist in the processing of your payment. You are solely responsible for all transaction fees, processing, fees, miner fees, or any other fees associated with your method of payment (“Transaction Fees”). Snorble shall have the right to add Transaction Fees to any purchase price. You further agree to ensure your chosen method of payment remains valid and is sufficient to cover any ongoing, recurring, of future purchases. Snorble reserves the right to reverse any purchase, cancel any subscription, and void these Terms if your method of payment is insufficient and you fail to provide an alternative method of payment.
5. No Refunds. Except as expressly set forth herein, all Fees are non-cancelable and nonrefundable.
6. Suspension. If Snorble is unable to charge you for any applicable Fees based upon the provided method of payment, Snorble may suspend your access to all or any portion of the Services until all outstanding fees are paid in full.
7. Third Party Service Providers. Snorble uses third parties not affiliated with us to host our Site and process payments. Snorble’s relationship with such third parties is contractual in nature, as each such third party is a third-party vendor to Snorble, and they are not subject to Snorble’s direction or control; thus, the relationships are not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like. You agree that the third party processors are solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. You may be subject to additional terms of use and/or privacy policies of the third party processor when you purchase our Services.
Prohibited Use of Services.You acknowledge and agree that you will not and cannot:
1. Make any commercial use of the Services, including the Device, App, and Website, including but not limited to all content, descriptions, materials, or information comprising or related to the Services.
2. Reproduce, duplicate, copy, display, rent, sell, resell, or otherwise exploit the Services, or their contents, descriptions, materials, or information for any purpose without the express written consent of Snorble;
3. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials obtained from Snorble, from the Services, or acquired in connection with the Services;
4. Use the Services in any manner that infringes upon or violates the copyright, patent, trademark, or trade secret rights of another party including, but not limited to, to upload, post, or transmit any content for commercial solicitation or political campaigning, any content that is harmful, threatening, abusive, harassing, vulgar, obscene, sexually explicit, profane, hateful, defamatory, libelous, invasive of the privacy of another, or unlawful, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, or is otherwise objectionable in the sole discretion of Snorble; or
5. Upload, post, or transmit any viruses, trojan horses, or other malicious or harmful computer code or programs or otherwise use the Site, App, or the Services to intentionally or unintentionally violate any local, state, federal, or other law;
6. Engage in any other activity deemed by Snorble, in Snnorble’s sole discretion, to be in conflict with the spirit or intent of these Terms or the Privacy Policy.
Revisions.You agree that Snorble may revise the Terms, the Polices and any rules, guidelines, or other Terms related to the Services from time to time, at Snorble’s sole discretion. Such revisions shall become effective upon posting on any Site or providing a copy of the revised Terms to you via the e-mail listed for your account (the “Effective Date”). You acknowledge that it is your responsibility to review such e-mails or postings to review any revisions to the Terms. Any changes to Fees shall take effect thirty (30) days following the Effective Date of the revisions, unless a later date is provided for by Snorble. Any changes to other Fees or costs shall take immediate effect. You agree to be bound by the revised Terms. If you do not agree to the revised Terms, or any other revision, you may no longer access the Services or any application associated with the Services or Snorble.
Ownership of Intellectual Property; Alleged Copyright Infringement.
1. Copyright Protected Works. All content other than User Content contained on this Site, App, or related to the Services including, but not limited to, text, audio, video, photos, and other content is exclusively owned by or licensed to Snorble. You agree that you will not directly or indirectly copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any such content from the Services without the prior express written permission of Snorble and any third party where applicable.
2. Trademarks. The trademarks, service marks, company names, logos, and related names and marks (the “Trademarks”) used and displayed with the Services are owned by Snorble. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks without the express written permission of Snorble.
3. No Transfer. Except for the limited license identified in Section 1, you acknowledge that nothing contained in these Terms shall be construed as granting or conferring, by implication, estoppel or otherwise, any right, title, or interest to any trademark, copyright protected work, or other intellectual property.
4. Digital Millennium Copyright Act (“DMCA”) Notice of Claimed Infringement. Snorble respects the intellectual property rights of others and it is our policy to expeditiously process and review and notices of claimed infringement of copyright or other applicable intellectual property laws. Any notices of claimed infringement should be sent to Snorble Designated Agent at contact@snorble.com, and must contain all of the following: (i) a signature (physical or electronic) of the copyright owner or a person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the material that you claim is infringing and is to be removed or have access to same disabled, and information sufficient to permit Snorble administrators to locate the material; (iv) information sufficient for us to contact you, such as address, telephone number and e-mail address; (v) 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 the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
5. DMCA Counter-Notice. If you believe any content or materials posted or uploaded by you were improperly removed or disabled, you may submit a Counter-Notification to Snorble’s Designated Agent at contact@snorble.com with all of the following: (i) your signature (physical or electronic); (ii) a description of the work at issue; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (iv) your name, address and telephone number, and a statement that you consent to jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
Disclaimers.
1. Availability of Services. You agree that from time to time the Services may be inaccessible or inoperable in whole or in part for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Snorble may undertake from time to time; or (iii) causes beyond the control of Snorble or which are not reasonably foreseeable.
2. Snorble provides recommendations based on opinions and research we’ve gathered from experts in child development; however, this doesn’t make us doctors. We can provide useful tips and resources but if you need help with your child’s mental and physical health, it’s important that you consult a licensed professional. RELIANCE ON ANY INFORMATION IN THE SERVICES OR OTHERWISE PROVIDED BY SNORBLE IS SOLELY AT YOUR OWN RISK. SNORBLE IS NOT A MEDICAL DEVICE, AND IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, MONITOR, OR PREVENT ANY MEDICAL ILLNESS OR CONDITION.
3. SNORBLE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. SNORBLE DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE APP, OR AS PART OF THE SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE. SNORBLE DOES NOT WARRANT THAT THE SITE, APP, OR THEIR SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SNORBLE WILL NOT BE LIABLE UNDER THESE TERMS FOR (A) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, SNORBLE’S AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU TO SNORBLE HEREUNDER DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in Section 7 and 8 may not apply to you.
Indemnification.You hereby agree to indemnify, defend, and hold harmless Snorble and its respective affiliates, employees, agents, representatives, successors, and assigns from any and all liability, obligation, loss, damage, injury, penalty, action, judgment, suit, claim, cost, expense or disbursement of any kind and nature which may be imposed on, incurred by or served against Snorble by any person or entity relating to, arising out of, or in connection with these Terms or any other policy, terms and conditions, or action related to your use of the Services.
Termination.
1. Term. These Terms are effective upon your use or access to the Services, and shall continue in full force until terminated. The Terms shall automatically terminate if you delete your account in accordance with Section 10.2.
2. Termination by You. You may terminate your account governed by these Terms by sending an e-mail to support@snorble.com or by deleting your account through the profile settings. Termination by you shall be effective thirty (30) days from the date you terminate your account through your online profile, except that any renewal fees paid by you shall not be refundable, regardless of whether such fees have been paid in monthly, annual, or other installments.
3. Termination or Suspension by Snorble. Snorble may terminate these Terms and/or suspend your access to the Services (a) for any reason whatsoever by providing you with thirty (30) days’ notice to the e-mail address on file with your account; (b) upon any breach of these Terms; (c) your failure to timely submit any required payment; or (d) if you take any actions or make any statements that Snorble deems, in its sole discretion, to be threatening, dangerous, inappropriate, or otherwise pose any harm or risk to Snorble, the Site, the Device, the App, or other users or participants in the Services.
User Submissions.If you submit information or content (other than User Content) to Snorble, with or without a request from us, including, without exclusion, customer feedback, comments, content, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Snorble may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. Snorble is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
Governing Law and Dispute Resolution.You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SNORBLE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms and the use of the Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).

No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Location. The location of the arbitration shall be in Dover, Delaware.

Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in the State of Delaware for the purpose of litigating all such disputes. You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.
Miscellaneous
1. Waiver; Severability. No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of these Terms is determined to be illegal or unenforceable, then such provision shall be construed by modifying it to the minimum extent necessary to make it enforceable, unless such modification is not permitted by law, in which case that provision is to be disregarded and the other provisions will remain fully effective and enforceable.
2. Users Outside the United States. Snorble and the Services are operated in the State of Delaware. While the Services may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.
3. Canada. The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
4. Entire Terms. These Terms constitutes the complete and exclusive statement of the Terms between you and Snorble and supersedes any and all prior or communications, representations, statements and understandings, whether oral or written, between you and Snorble.
Questions or Comments.Should you have any questions or comments regarding these Terms, please contact us at contact@snorble.com or at Snorble, Inc., 1221 College Park Dr., Suite 116, Dover, Delaware 19904. While we do not undertake any responsibility to respond to such inquiries or comments, we hope to respond promptly to any comments or concerns.

Snorble Terms and Conditions

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