You must register through the on-line registration process to use the SP Service. Snapfish SP membership ("SP Membership") is available to you if you are at least 13 years of age. To be able to contact you, you need to provide us with certain requested information, such as your name and correct email address and, if applicable, payment and tax identification information. When you become a member of the SP Service ("SP Member"), you must provide Snapfish with true, accurate, current, and complete information about yourself when such information is requested by the SP Service (whether by registration forms or other informational requests) and must immediately notify Snapfish if any of this information changes.
Your SP Membership account is for your use only. You can not transfer or otherwise assign your SP Membership.
A condition of SP Membership is your "Active SP Participation" in the SP Service. Active Participation is defined as selling Products through the SP Service at least once every 365 days. If you cease Active SP Participation for any reason, Snapfish may terminate your SP Membership (or any part thereof) and your use of the SP Service, and may remove and discard all Products, Applications, Assets, Metadata, Output, information, communications, postings, albums, image files, creative material, photographs, links, comments, and other content (collectively "SP Content") uploaded by you or otherwise made available by you through the SP Service.
Snapfish offers free, limited online storage of SP Content to SP Members who maintain Active SP Participation. When you upload image SP Content to the SP Service, the original resolution of your SP Content may be affected depending on the upload speed you choose. Snapfish may in its discretion down-sample the image regardless of the upload speed you choose.
You should always preserve your original SP Content, or make back-up copies of such SP Content, on your personal system. You should not use the SP Service as the only repository or other source for your SP Content.
Snapfish is not liable for any SP content that is lost, damaged or deleted for any reason whatsoever.
The SP Service allows SP Members to be creative with their SP Content. Users of the SP Service may not use the SP Service to process Prohibited Content. Generally, Prohibited Content includes SP Content or other material that Snapfish believes:
Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
Comprises copyrighted material used without the express permission of the owner;
Violates or otherwise encroaches on the rights of others;
Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the SP Service (collectively "Corruptive Code");
Advocates illegal activity;
Collects or uses data of Snapfish customers in violation of the Privacy Requirements herein;
Advertises a product or service of a competitor of Snapfish or HP, unless approved in writing by Snapfish;
Promotes your other websites, or allows Snapfish users to leave the Snapfish Site;
Promotes the use of firearms, tobacco products, federally regulated drugs or narcotics;
Harms HP's or Snapfish's brand or reputation;
Harms anyone, including minors;
Downloads or transfers any code or programs to Snapfish customers' computers or browsers that is not disclosed to and approved by Snapfish under the Product submission process detailed herein;
Transmits any Snapfish customer's content in its entire, original form to any location other than to the Snapfish customer's valid Snapfish account; or,
Provides a link to any of the above.
Snapfish has the sole discretion to determine whether SP Content is Prohibited Content, and any SP Content submitted to the SP Service may be subject to examination from time to time. Although Snapfish does not and will not examine or otherwise review all SP Content submitted or transmitted to the SP Service, Snapfish may delete, move, and edit SP Content for any reason, at any time, without notice.
All SP Content (whether private or public) that is processed on the SP Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your SP Content.
By viewing the SP Site, you may be exposed to SP Content that you consider offensive. You take sole responsibility for such exposure.
Snapfish in no way guarantees the accuracy, quality, or appropriateness of SP Content available through the SP Service.
As part of the SP Service, Snapfish may offer SP Members the right to establish group rooms, shared rooms, or other similar capabilities on the SP Site (collectively "Group Rooms"), at Snapfish's option and subject to Snapfish's conditions. If a Group Room involves an SP Member-specific URL, such as xxx.snapfish.com, Snapfish may revoke the right to use that URL for any reason deemed appropriate by Snapfish in its sole discretion. Snapfish owns and retains all right, title, and interest in the use of "snapfish" or other Snapfish property in association with Group Rooms.
No Resale of SP service
Your use of the SP Service is for the sole purpose of creating, producing, sharing and selling Products through the Snapfish Sites. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the SP Service, or (ii) use or access the SP Service for any purpose other than as specified herein.
Third Party software
As a convenience to SP Members, Snapfish may make third-party software available through the SP Service, including by downloading. To use such software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. Snapfish makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such software.
We respect your privacy and have taken specific steps to protect it. Please see our
You also agree to comply with the following privacy requirements for your Products:
"Personal Data" means any information related to any identified or identifiable natural or legal person, such as Snapfish's employees, customers, subcontractors, partners or any other third party (including such third parties' employees) and any other additional data deemed as personal data under the applicable personal data protection laws, which are available for you for processing on behalf of Snapfish pursuant to these Terms.
Processing and Use of Personal Data
You may process and use the Personal Data only to perform your obligations hereunder. You shall strictly limit disclosure of the Personal Data to only your employees that have a need-to-know and only to the extent necessary for the performance of such obligations. You shall ensure that your employees processing Personal Data have received timely and appropriate privacy training from you, and are bound by confidentiality obligations consistent with these Terms. You may not sell, rent, or lease Personal Data to anyone.
You may not disclose the Personal Data to any third party, even for their preservation, nor transfer the Personal Data to another country without the express, prior written consent of Snapfish. In the event you are authorized in writing by Snapfish, at its sole option, to disclose Personal Data to a third party for services involving collecting, using, storing, transferring and/or otherwise processing Personal Data, such third party shall agree to protect and process the Personal Data under terms no less restrictive than those contained in these Terms. Furthermore, Snapfish reserves the right, at its sole option, to enter into additional confidentiality agreements directly with such third parties in order to ensure adequate protection of Personal Data and comply with any applicable laws.
You will use the same degree of care as Snapfish, but never less than a reasonable degree of care, to prevent unauthorized use, dissemination or publication of the Personal Data and will implement any technical and organizational measures to protect Personal Data which are required by the applicable law.
At a minimum, you agree:
To implement appropriate technical and organizational measures to protect Personal Data against (i) accidental or unlawful destruction or loss, (ii) unauthorized disclosure or access, in particular where processing involves the transmission of Personal Data over a network, (iii) alteration, and (iv) all other unlawful forms of processing.
To implement appropriate procedures to ensure that (i) unauthorized persons will not have access to the data processing equipment used to process the Personal Data, (ii) any persons it authorizes to have access to the Personal Data will respect and maintain the confidentiality and security of the Personal Data, and (iii) the measures and procedures that it uses will be sufficient to comply with all applicable legal requirements.
Not to copy or reproduce any Personal Data without the express written permission of Snapfish, except as technically necessary to comply with these Terms.
To immediately notify Snapfish by telephone and follow up in writing if you become aware of any actual, suspected or alleged unauthorized use of, disclosure of, or access to Personal Data by yourself or others, including notification of loss or suspected loss of data whether or not such data has been encrypted. You will cooperate with Snapfish in the manner reasonably requested by Snapfish and in accordance with law, including but not limited to: conducting the investigation; cooperating with authorities; notifying affected persons, credit bureaus, other persons or entities deemed appropriate by Snapfish; and issuing press releases. Such cooperation will include without limitation: (i) Snapfish access to your records and facilities; (ii) Your provision of all relevant data and reports to Snapfish; and (iii) prior advance approval by Snapfish of any notifications to impacted individuals or press releases.
To inform Snapfish promptly in writing if you are of the opinion that any instruction from Snapfish violates the applicable personal data protection regulations.
When collecting, using, storing, transferring and otherwise processing, you will adhere to all applicable export and personal data laws, regulations and rules.
Upon request by Snapfish, you will deliver to Snapfish any Personal Data in your possession and destroy any copies of Personal Data in your files, unless otherwise required under operation of law.
Upon request by Snapfish with reasonable notice and during business hours, You agree to submit your data processing facilities, data files and documentation needed for processing to auditing by Snapfish (or a duly qualified independent auditor or inspection authority selected by Snapfish for such purpose and not reasonably objected to by the you) to ascertain compliance with these Terms.
The obligations specified in Section will survive any termination of these Terms.
In order for Snapfish to make your Products available to Snapfish customers and their invitees, Snapfish needs the rights to make use of all SP Content made available by you within the SP Service, in accordance with and subject to these Terms. Accordingly, as a condition to your SP Membership, you hereby grant Snapfish and Hewlett-Packard affiliates and subsidiaries running Snapfish sites a perpetual, A. universal, non-exclusive, royalty-free (unless otherwise specified herein) right to copy, display, modify, transmit, produce, market and distribute your SP Content (excluding Applications and Assets provided within Applications) and any associated logos, trademarks and tradenames (your "Marks"), solely to create, produce, share and sell Products through the Snapfish Sites and improve the SP Service. You hereby grant Snapfish and Hewlett-Packard affiliates and subsidiaries running Snapfish sites a universal, non-exclusive, royalty-free (unless otherwise specified herein) right to copy, display, modify, transmit, produce, market and distribute your Applications and Assets provided within Applications during the term of this Agreement solely to create, produce, share and sell Products through the Snapfish Sites and improve the SP Service. You hereby grant Snapfish and Hewlett-Packard affiliates and subsidiaries running Snapfish sites a universal, non-exclusive, royalty-free (unless otherwise specified herein) right to use any information, whether written or verbal, including Applications, you provide to us as part of a request for support or otherwise to operate and improve the SP Service. Without limitation, the marketing of your SP Content may consist of display, promotion or advertising of your SP Content and/or Marks in all media existing now or created in the future. Snapfish may sublicense the rights that you grant in this Section. As a condition to SP Membership, you represent and warrant to Snapfish that you either own your SP Content and Marks or have written permission from the copyright owner to make such SP Content and Marks available to the SP Service. You may, at Snapfish's direction and in Snapfish's sole discretion, on a non-exclusive, non-transferable, limited basis, use the appropriate Snapfish logo and associated trademarks (the "Snapfish Marks") solely for the purpose of creating high resolution artwork for Product packaging. Snapfish Marks may be displayed only in the form supplied to you by Snapfish and subject to Snapfish's approval and Snapfish's trademark usage policies and requirements, as revised by Snapfish from time to time. You will comply with any and all revisions requested by Snapfish. Additionally, subject to Section X and XII, you must receive final approval from Snapfish before such Product and/or Product packaging may distributed.
The SP Service is protected by U.S. and international copyright laws and by other applicable laws. You may not process any SP Content owned by someone else without the written consent of the owner of such SP Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the SP Service.
Neither you nor your Applications may use Personal Data to contact customers via email, telephone, or any other means unless approved in writing by Snapfish.
You may temporarily store Personal Data collected by your Applications on systems under your control, but all such copies of Personal Data must be deleted within 24 hours of collection.
Applications may either carry generic or SP Member branding, however, Applications may not carry the branding of Snapfish, HP or any other third party (without such third party's express written approval which shall be supplied to Snapfish upon request).
Applications may not be presented in a format that causes Snapfish customers to believe the Application is part of the Snapfish Sites.
Applications may not include content that in any way implies Snapfish endorses or is affiliated with SP Member or any third party.
Applications must maintain 99.9% availability 24 hours per day, 7 days per week, including the ability for customers to place orders.
Applications may not have excessively long page load times (as determined in Snapfish's sole discretion).
All bugs or performance issues must be corrected within a reasonable period of time (as determined in Snapfish's sole discretion).
Applications may not cause excessive or abusive usage of the Snapfish service (as determined in Snapfish's sole discretion).
Applications must comply with any Product specifications communicated to you by Snapfish.
Applications must submit high resolution images to Snapfish for customer order processing within four hours unless otherwise agreed by Snapfish.
Applications may not allow a user to access Personal Data from an account for which the user has not been properly authenticated.
Snapfish may make available certain API/SDKs for your use in creating Products for distribution on the Snapfish Sites. Unless otherwise specified, the use of such API/SDK tools is subject to the following license. Snapfish grants you a non-exclusive, non-transferable, revocable license in the API/SDK to (i) use one copy solely for internal development and testing of Products as defined herein and (ii) reproduce and distribute only those parts of the API/SDK incorporated into your Products, and only in binary form. You shall not use the API/SDKs for any other purpose. You may only make copies or adaptations of the API/SDKs for archival purposes or when copying or adaptation is an essential step in the authorized use of the API/SDKs. You must reproduce all copyright notices in the original API/SDKs on all copies or adaptations. You may not copy the API/SDKs onto any bulletin board or similar system. You may not disassemble, decompile or decrypt any object code portions of the API/SDKs unless Snapfish's prior written consent is obtained. In some jurisdictions, Snapfish's consent may not be required for disassembly or decompilation. You will provide Snapfish with reasonably detailed information regarding any disassembly or decompilation at least sixty (60) days in advance thereof.
You must submit Products to Snapfish for review and approval prior to distribution. For example, Products may include prints, physical objects incorporating SP or Snapfish customer content, digital storage media including SP or Snapfish customer content, software programs, etc. Copies of Products submitted to Snapfish will not be returned. Snapfish is under no obligation to distribute any Products submitted. If Snapfish approves the submitted Product(s), Snapfish may, in its sole discretion, distribute it in accordance with the terms of this Agreement. Snapfish is solely responsible for placement and promotion of the Products. If you make any material changes to your Products after Snapfish approves them, you must re-submit the revised Products to Snapfish for a new review and approval. A "material change to your Products" does not include minor defect corrections.
Third Party Code
You agree to identify any code from another party, including open source or freeware, ("Third Party Code") contained in the SP Content or Products. You will provide an inventory of Third Party Code, including open source code and license types upon submission of the SP Content or Products to HP. Further, you represent and warrant that any code you use does not infringe or misappropriate the copyright or patent rights of any third party.
Product Distribution and Promotion
The license provided herein includes the right to permit HP and Snapfish to promote and distribute worldwide your Products in its sole discretion through various fulfillment channels including delivery by mail, pickup in retail stores of print-to-store and ship-to-stores, and printing through local home or office printers through HP or Snapfish sites. You will provide Snapfish with all SP Content required for Snapfish to display, market, sell and distribute your Products, such as artwork. You are responsible for obtaining any and all approvals and consents necessary for Snapfish to display, market, sell and distribute your Products and will provide Snapfish with any and all such approvals and consents upon request. You are solely responsible for all costs associated with the Products, including payments, royalties or fees due to any third parties, but excluding costs for manufacturing, handling and shipping. Products will be distributed by Snapfish in accordance with the Snapfish End User Terms and Conditions or under any such terms and conditions that Snapfish deems appropriate.
The outermost packaging in which physical Products are delivered to customers must carry Snapfish branding. At your option, the outermost packaging may carry both Snapfish branding and your SP Member branding ("cobranded"). If cobranded, the Snapfish brand may not be less prominent than your SP Member branding.
Physical products and inner packaging must either carry no branding or may be cobranded at your option. If cobranded, the Snapfish brand may not be less prominent than your SP Member branding.
Packing slips and other documents delivered along with physical Products must carry Snapfish branding.
Physical products and all associated documents and packaging may not carry contact info for companies other than Snapfish including telephone numbers, email addresses, and web URLs.
All packaging and associated documents must be submitted to Snapfish for review and approval prior to distribution.
In certain circumstances and as specified on the SP Site, you may have the option of receiving royalties on the sale of your Products. In such circumstances, it is your responsibility to provide accurate tax identification information to Snapfish and you are responsible for determining and paying any taxes due on the royalties you receive. Snapfish is not responsible for collecting, reporting or paying any taxes on royalties you collect for your Products. In cases where royalties are involved, the amount of royalties may depend on the fulfillment channel selected by customers. For example you may receive less royalties for Products fulfilled via pickup at retail stores than for Products fulfilled via mail order. You may not participate in both the Snapfish Publisher and Snapfish Affiliate programs simultaneously. If Snapfish finds that you have been participating in both programs, you will forfeit all earnings from the Affiliate Program for the period of overlap and any forfeited amounts already collected will be deducted from future payments to you.
Support of Products
For Products distributed by Snapfish, you agree to provide support for your Products to Snapfish.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS SNAPFISH, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "SNAPFISH AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SP CONTENT OR YOUR MARKS (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SP SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
IN NO EVENT WILL SNAPFISH OR SNAPFISH AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) THE SP SERVICE, INCLUDING ERRORS OR OMISSIONS, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF THE SP SERVICE.
ANY SOFTWARE, GOODS OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SP SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SP SERVICE IS AT YOUR OWN RISK. SNAPFISH IS NOT RESPONSIBLE IF YOUR SP CONTENT IS DAMAGED OR LOST OR NOT RETURNED.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SNAPFISH AND SNAPFISH AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SNAPFISH MAKES NO WARRANTY THAT (i) THE SP SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SP SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SP SERVICE WILL MEET YOUR REQUIREMENTS. SNAPFISH MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SP SERVICE OR THAT ARE ADVERTISED ON THE OP SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SP SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, SNAPFISH WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SP SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SP SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SP SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SP SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOU HEREBY RELEASE AND COVENANT NOT TO SUE SNAPFISH, ITS SUBSIDIARIES OR AFFILIATES OR OFFICERS, DIRECTORS, AGENTS PARTNERS AND EMPLOYEES FOR ANY DAMAGES, LIABILITIES, CAUSES OF ACTIONS, JUDGEMENTS AND CLAIMS PERTAINING TO ANY MATERIALS OR INTELLECTUAL PROPERTY YOU DEVELOP UTILIZING, IN RELIANCE ON OR WITH REFERENCE TO THE SP SERVICE OR WHICH OTHERWISE MAY ARISE IN CONNECTION WITH YOUR UTILIZATION OR RELIANCE ON THE SP SERVICE.
Developer certifies that the SP Content and Products comply with all U.S. and international export control regulations, ensuring the SP Content and Products may be exported without restriction to all non-embargoed countries. For more information, see U.S. Department of Commerce BIS export basics
Snapfish may, in its sole discretion, terminate your SP Membership (or any part thereof) or your use of the SP Service, and remove and discard any SP Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by Snapfish elsewhere within the SP Site, or (ii) conduct Snapfish believes is harmful to other SP Members, Snapfish customers, the business of Snapfish, or HP Affiliates, or (iii) failure to maintain Active SP Participation in the SP Service. Snapfish will not be liable to you or any third-party for any termination of your access to the SP Service.
If you wish to withdraw your Products from the Snapfish Sites, please contact us at
. You must give Snapfish a minimum of 90 days advance notice before your Products can be withdrawn and agree to make your Products available during this 90 day advance notice period so Snapfish notify its customers your Products will no longer be available and fill any pending orders.
Choice of Law
The state and federal courts of California are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of California.
Modification of Terms
Snapfish may amend these Terms at any time, for any reason, and without notice, including the right to terminate the SP Service or any part of the SP Service. Any amendments or modifications made by Snapfish will be prospective only.
You and Snapfish are independent contractors. No employment relationship, joint venture or agency relationship is created by this Agreement. You have no right or authority to assume or create any obligations on behalf of Snapfish. In addition you understand and acknowledge that Snapfish may be i) independently creating Products or other content in parallel with and similar to yours and ii) nothing in this Agreement prevents Snapfish from creating and fully exploiting any such Products or content of Snapfish without any obligation to you.
These Terms constitute the entire agreement between you and Snapfish governing your use of the SP Service. In the case of inconsistencies between these Terms and any information included in off-line materials, these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use third-party software or content.
The failure of Snapfish to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the SP Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.