THE COMPANY DOES NOT CONDONE, ENCOURAGE, OR SUPPORT UNPROTECTED SEX, BINGE DRINKING, UNDERAGE DRINKING, DRUG USE, OR ANY OTHER DANGEROUS AND/OR HARMFUL ACTIVITY. ANY MENTION OF THESE ACTIVITIES ON THE SITE OR ANY OTHER MEDIA OUTLET UTILIZED BY THE COMPANY IS IN A JOKING, HUMOROUS, AND FICTITIOUS MANNER AND SHOULD NOT BE ATTEMPTED OR TAKEN SERIOUSLY.
The use of the Site and all other Media Outlets utilized by The Company is contingent upon your agreement to the following terms and conditions (“Terms and Conditions”). If you do not agree to be bound by these Terms and Conditions, you may not use the site and associated media. The Company reserves the right to change the Terms and Conditions at any time, at its sole discretion, and without notice. All such changes to these Terms and Conditions will appear publicly at http://skylitesnowballs.com/terms-of-service/. You agree to be bound by such changes to the Terms and Conditions as they are made public. The Company encourages you to check this document frequently as your continued use of the Site deems you responsible for keeping current with any changes.
USER EXPECTATIONS AND CONDITIONS OF USE:
“Content” means any text, images, or other media submitted through a web form or to an e-mail address at the Site or any other sub-directories, sub-domains, websites, media, and social media outlets owned and operated by the Company, including but not limited to: http://skylitesnowballs.com.
By posting on the Site, you agree that you are solely responsible for the Content of your posts. This responsibility includes full liability for copyright infringement, libel/slander, and other liability, and you agree to indemnify the Company and its officers, agents, partners, employees and subcontractors from any and all liability associated with the above. You agree that you own the content of your posts, but that you grant the Company the right to reproduce or republish the content of your posts, in full or in part, for any purpose, as well as the right to grant permission for other reproduction or republishing of the posts by a third party. In addition, by registering on the Site and/or by using the Site, you agree that you recognize that all other users are solely responsible for the Content of their posts and that they have indemnified the Company as you have. You agree that you will not hold the Company and its officers, agents, partners, employees or subcontractors, owners, or agents responsible for the actions of posters or users on the Site.
By registering or using the Site, you agree that you are giving explicit consent to the Company to send to you various emails, including marketing emails of various types. You agree that, although the Company may provide methods for opting out of these emails, that these emails are not ‘unsolicited emails’ or ‘spam’, and that you will indemnify and hold harmless the Company, its owners, managers, employees, publishers, and other agents from any liability whatsoever associated with these emails, the Company’s sending of these emails, and/or your receipt thereof.
The Company, The Site, and any Service herein, including Social Media and the ability to read and submit Content, are provided to you solely for entertainment purposes. By submitting Content to The Company, The Site, and related Services you hereby reassign all rights of submitted Content. Further, you agree that you are the sole copyright holder of any Content submitted by you prior to submitting the Content.
Without limitation of the foregoing, you agree the you will not use the Site to:
- Post (“Post” includes commenting, uploading, posting, distributing, e-mailing, publishing, and reproducing) any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or any other status;
- Impersonate any person or entity, including, but not limited to, a Company official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘Spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation;
- Post any Content that is harmful, deceptive, threatening, embarrassing, unlawful, abusive, harassing, hateful, defamatory, libelous, invasive of another’s privacy, or fraudulent;
- Post any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Post any material that contains software viruses or any other damaging computer programs or phishing websites; and/or
- Intentionally violate or refer to violating any applicable local, state, national or international law.
You acknowledge that the Company is not responsible for material submitted to the Site or posted to the Site by you or any other user. Further, you agree that, if a third party claims that any material you have contributed to the Site is unlawful, you will bear the full burden of establishing that the material complies with all applicable laws.
The Company is not obligated to monitor the content on this Site. However, with respect to the use of the products and services offered on the Site, the Company may disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or edit, refuse to post, or remove any information or materials, in whole or in part, from the this Site, at the Company’s sole discretion, without notice at any time.
This Site may contain message board services, chat areas, communities, personal pages, pages created and/or maintained by publishers, or other communication facilities. You agree to use these facilities only to post, send and receive messages and material that are proper and related to the particular facility, and to comply with all applicable laws and these Terms and Conditions.
The Company may, but is not obligated to, review materials posted to this Site and remove any such materials and/or edit such materials in its sole discretion, without notice at any time. In addition, the Company may terminate your access to the Site and services at any time without notice for any reason whatsoever. Furthermore, the Company may terminate or change any part of the Site at any time.
The Company is not obligated to monitor the content on the Site. However, with respect to the use of the community facilities mentioned above, the Company may disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or edit, refuse to post, or remove any information or materials, in whole or in part, from the Site or service, in the Company’s sole discretion.
The accepted standards of conduct on this Site are determined by the Company, and you agree that the Company may enforce these standards, including deletion of posts, blacklisting/banning users, or removing access to premium message boards.
By registering or using the Site, you agree that the Company may, in addition to other rights, delete your posts or blacklist you or any other user at any time, if it believes that action is in the Site’s best interest, for whatever reason, and the reason need not be disclosed.
You acknowledge that your communications on the Site are public and not private communications. Therefore, your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any public area. The Company specifically disclaims any liability with regard to the community areas on the Site.
The Content, services, information, and other material included in or available through the Site are provided “as is” without warranty of any kind, either expressed or implied, and may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time.
The Site does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through the Site is at your own risk.
The site is not liable for any loss or damages including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use or inability to use the Site or any links; to your placement of content on the Site; or to your reliance upon information obtained from or through the Site or through links
ADVICE, INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIALS RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR DECISIONS OR OTHER CRITICAL PURPOSES. All advice contained on The Site is provided “as is”, and is not intended to be used as medical advice or instructions for medical diagnosis or treatments. The Site does not endorse the accuracy or reliability of any advice, opinion, statement, product or services displayed or distributed on this web site. You acknowledge that any reliance upon such opinion, advice, statement or information shall be at your own risk. By reading the material on the site you agree to hold the Company harmless from any liability resulting from your use of the Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ADVICE CONTAINED ON THE SERVICE IS PROVIDED “AS IS”. THE SITE DISCLAIMS ALL WARRANTIES ARISING IN CONNECTION WITH ANY SUCH ADVICE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL THE SITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY USER ADVICE CONTAINED THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE OR ANY USER ADVICE CONTAINED THEREIN.
CONTENT ON THE SITE, UNLESS OTHERWISE NOTED, IS COPYRIGHTED BY THE COMPANY. NO PART OF THE SITE, OR ANY OF THE CONTENT CONTAINED IN THE SITE, MAY BE USED OR REPRODUCED IN ANY MANNER WHATSOEVER WITHOUT EXPRESSED PERMISSION OF THE COPYRIGHT HOLDER.
USER’S GRANT OF LICENSE:
By submitting Content at the Site you grant the Company the royalty-free, unrestricted, world-wide, perpetual, irrevocable, exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to the Site.
The Site reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request; or if there is an emergency involving the risk of serious personal harm. The Site may also edit, refuse to post, or remove any posting at the Site’s sole discretion. The Site reserves the right to restrict access by any users whom the Site believes, in its sole discretion, are engaged in inappropriate, unprofessional, or unlawful conduct.
The Site is intended to be used by individuals 18 years of age or above. The Site and its Content are NOT intended to be used or viewed by individuals under the age of 18 years old without expressed consent from said individual’s legal parent or guardian. If you are a guardian of someone under 18, you should know that some of the content on the Site and linked sites is intended for mature audiences only, and accept such responsibilities. Please control the children under your charge, and keep them away from the Site.
The following Trade Marks are the Company’s property and are not to be used by a third-party without written consent from the Company’s owners:
- Skylite Snowballs ™
Your access to and use of this Site, and products and services of this Site, is at your own risk. The Company, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of the Site, or such products or services. The Company makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Site, or such products or services. Without limiting the foregoing, THE COMPANY AND/OR ITS SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THIS WEBSITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. If you are dissatisfied with the website, or any aspect thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.
LINKS TO THIRD PARTY SITES:
Any dealings with third parties (including advertisers) included within the Site or services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The Company is not responsible or liable for any part of any such dealings or promotions. By registering, or using the Site, you agree that you will indemnify the Company from any liability whatsoever associated with your dealings with these third parties.
LIMITATION OF LIABILITY:
IN NO EVENT WILL THE COMPANY AND/OR ITS SUPPLIERS, PUBLISHERS, PARTNERS, SPONSORS, OR OTHER ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ITS RELATED SERVICES.
You agree to defend, indemnify and hold the Company and its suppliers, publishers, partners, sponsors, or other associates harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Site, your violation of these Terms and Conditions, or any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with the Company or your use of the Site.
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), the Site has instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please send a Notice of Infringement to http://skylitesnowballs.com/contact-me/ that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides that that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site. • 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 the service provider to locate the material. • Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted. • A statement that the complaining party has 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. • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. • Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
GIVEAWAY TERMS AND CONDITIONS:
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
1. HOW TO ENTER: Giveaways begin from the moment to post is shared on the site or social media through the the end of the contest date, or when contest ceases to exist. Any entries received after the contest has closed will not be included.
In order to enter, participants are required to follow the directions specified on the giveaway. Giveaways do not require a purchase unless clearly noted on the giveaway itself.
Entries are limited to up to one entry per person, per method of entry – and eight total entries, per method of entry, per household. Additional entries will be deemed in violation of terms and contestant will be disqualified.
Any attempts to enter the giveaway other than through the efforts explicitly described within the giveaway will not be considered.
2. ELIGIBILITY: Open to legal residents of the fifty (50) United States and District of Columbia who are 18 years of age or older at time of entry, unless otherwise stated that the giveaway is international or exclusively open to those 21 years of age or older – in which the giveaway will include specific disclosure language. Employees of Company, their affiliates, subsidiaries, advertising and promotion agencies and their immediate family members and/or those living in the same household of each are not eligible to participate. (If the giveaway is limited to the lower contiguous 48 states, the giveaway will include specific disclosure language).
3. WINNERS SELECTION:Winners will be selected within a specified amount of time after the close of the event, from among all eligible entries received during the Giveaway. Winners will be determined at random by Company using giveaway widget, plugin, or other method, unless otherwise noted that the giveaway is not random but rather based on entries, shares, creative entry, etc – in which the giveaway will include that specific disclosure language. Winners will be contacted by Company via email. Winners will have 48 hours to claim their prize or a new winner will be selected.
Neither Company nor Sponsor are responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive winner’s emailed information on account of technical problems or traffic congestion on the Internet, email being inadvertently flagged as junk or other email form, or at any website or any combination thereof. Every reasonable attempt will be exhausted prior to prize forfeiture and a new winner being selected, including, but not limited to review of all sub-folders and accounts where emails may inadvertently be directed.
4. PRIZES/APPROXIMATE RETAIL VALUE: Prize value is listed on each individual giveaway. Odds of winning prize is dependent upon the total number of eligible entries received. Prizes are limited to one (1) per household.
5. GENERAL: Subject to all federal, state and local laws/regulations. Neither Company, Sponsor, nor their affiliates will have any liability whatsoever for any injuries, losses or damages of any kind caused by any prize or resulting from acceptance, possession, use and/or misuse of any prize or participation in these promotions. Acceptance of a prize shall be construed as and signify the winner’s agreement and consent that Company or Sponsor may use the winner’s name, voice, likeness and/or prize information, without limitation, for promotional purposes without further consideration, review, approval or payment, where allowed by law. By participating in this promotion, entrants agree to be bound by the Official Rules and the decisions of the Company and Sponsor, which are final and binding in all respects. Company and Sponsor not responsible for any typographical or other error in the printing of the offer or in administration of the promotion.
6. INTERNET: Neither Company nor Sponsor is responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Company or Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof.
If for any reason the promotions are not capable of running as planned for any reason Company or Sponsor reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Giveaway and select the winners by random drawing from among all eligible entries received from all methods combined up to the point of the action taken by the Company or Sponsor.
7. SPONSOR / PRIZE FULFILLMENT: Company is the host of the giveaway and is in no way to be considered the Sponsor, unless the giveaway specifically discloses that Company is the Sponsor. The Sponsor is deemed to be the party providing the product for the giveaway. The Sponsor is responsible for prize fulfillment within 30 days of the winner providing requested mailing information. Company is held harmless for failure on the part of Sponsor to fulfill prizes to said winners.
In the event the prize has not been received by the winner within 60 days, winner is to email the Company for follow up. Company will put forth reasonable attempts in order to contact the Sponsor for details regarding prize fulfillment. Should more than 90 days have lapsed before the winner contacts the Company about not receiving a prize, the Company will not follow up with the Sponsor and is not liable. The winner forgoes any prizes after 90 days without follow up.
8. DISCLOSURE: Company may or may not have received the same prize and/or compensation in order to facilitate a review or giveaway. Posts are in no way reviewed, edited or influenced by any parties, including the Sponsor. All opinions are 100% that of Blogger on behalf of the Company.
SEVERANCE AND WAIVER:
The Company makes every effort to respond promptly to any legal concern. All legal concerns regarding the Site, including reports of violations or misuse, should be submitted to http://skylitesnowballs.com/contact-me/.