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INTRODUCTION
Snowballsplace.com is a website portal located at the URL
http://www.snowballspace.com ("the Site").
Your use of the Site is governed by the terms and conditions set
out below and as amended from time to time ("Terms of Use"). The
owners of the Site reserve the right to amend the Terms of Use
at any time by posting the amended terms to the Site without
further notice to you.
Your use and continued use of the Site shall be deemed to
constitute your knowledge and acceptance of the Terms of Use. If
you do not agree to be bound by the Terms of Use, you should
immediately cease all use of the Site.
USE OF THE SITE
The owners of the Site hereby grants you a non-exclusive,
non-transferable, limited right and license to access the Site
for your personal use only and otherwise in accordance with
these Terms of Use.
You may make copies or "cache" pages of the Site, but only to
the extent automatically done by your internet browser software
as a part of process of accessing the Site. Any other copying or
use of the Site shall be an infringement of our copyright and
shall be prosecuted to the full extent permitted by law.
You may not copy, modify, adapt, transmit, publicly perform or
display, sell, distribute, publish, customize, add to, delete
from, or create derivative works of any part of the Site. Any
other use or exploitation the Site, other than as expressly
authorized by the Terms of Use is strictly prohibited.
You agree that you will not use any script, software or
mechanical device to access, monitor or copy the Site or
interfere with the normal functioning of the Site, unless
specifically authorized by the owners of the Site.
You will not engage in any conduct that restricts or inhibits
any other person from using or enjoying the Site. You agree to
use the Site only for lawful purposes. You warrant and promise
that you are an individual (e.g., not a corporation) and at
least eighteen (18) years of age.
You are prohibited from posting on or transmitting through the
Site any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, profane, hateful, racially,
ethnically or otherwise objectionable material of any kind,
including, but not limited to, any material which encourages
conduct that would constitute a criminal offence, give rise to
civil liability or otherwise violate any applicable local,
state, national or international law.
ALTERATION OR DISCONTINUATION OF SERVICE OF THE SITE
The owners of the Site may discontinue or alter any aspect
of the Site, including, but not limited to:
(a) Restricting the availability and/or scope of the Site for
certain platforms and operating systems;
(b) Restricting the times at which the Site is available;
(c) Restricting the amount of use of the Site permitted by a
particular user; and
(d) Restricting or terminating a user's right to use the Site,
at the sole discretion of the owners of the Site and without
prior notice.
MONITORING OF THE SITE
The owners of the Site may electronically monitor the Site
and the users of the Site in order to ensure compliance with
these Terms of Use and may disclose any information, record or
electronic communication of a user of the Site:
(a) In compliance with any law, regulation or authorized
governmental request;
(b) If such disclosure is necessary for the continued operation
of the Site; or
(c) To protect the rights or property of the owners of the Site
or its partners.
INTERNET ACCESS CHARGES
You shall be solely responsible and liable for all charges
(including internet access fees and associated charges) incurred
by you in order to connect to the Site and/or use the Site.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
In relation to the Site, the owners of the Site disclaim any
and all warranties (either express or implied) to the full
extent permitted by law, including without limitation:
(a) Any warranties regarding the availability or accuracy;
(b) Any warranties of title, merchantability or fitness for a
particular purpose.
Neither the owners of the Site, nor their partners, agents,
affiliates or content providers shall be liable for any direct,
indirect, incidental, special or consequential damages arising
out of or incidental to the use of the Site or the Site or
inability to gain access to the Site or use the Site.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF, THE SITE OR THE SITE, WHETHER ARISING OUT OF BREACH OF
WARRANTY, BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE
THAT THE OWNERS OF THE SITE ARE NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
YOU.
INDEMNITY
You agree to indemnify, keep indemnified and forever hold
harmless, both the owners of the Site and their partners,
agents, affiliates and content partners from any costs
(including legal costs), loss, damage, claims or disputes, which
may arise out of or incidental to your use of the Site or from a
breach of these Terms of Use.
DISCLAIMER FOR THIRD PARTY WEBSITES
The Site may contain links to websites of our advertisers or
other third parties ("Third Party Websites"). The owners of the
Site do not have any control over and shall not be responsible
or liable for:
(a) The price, quality, safety or legality of the goods or Sites
available on or through Third Party Websites;
(b) The truth or accuracy or legality of the content on the
Third Party Websites or for the actions you might take in
reliance on that content; or
(c) The availability or technical capabilities of the Third
Party Websites or the links provided to those Third Party
Websites.
INTELLECTUAL PROPERTY RIGHTS
Copyright.
The Site contains information, software, photos, video,
graphics, music, sounds or other material ("Site Content"). The
Site Content was created and is owned by the owners of the Site
and is protected by applicable domestic and international
copyright laws. Unless expressly permitted by these Terms of Use
or elsewhere in the Site, you shall not copy, distribute,
publish, perform, modify, download, transmit, transfer, sell, or
license, reproduce, create derivative works from or based on,
distribute, post, publicly display, frame, link, or in any other
way exploit any part of the Site Content, in whole or in part.
Links to the Site are only permitted upon express permission
from and by arrangement with the owners of the Site. Any rights
not expressly granted to you herein are reserved. All copyright
infringements will be prosecuted to the full extent permitted by
law.
Trademarks.
Snowballspace.com and the logo shown on it's pages are
trademarks and service marks of the owners of the Site ("the
Marks"). Any unauthorized use of the Marks is strictly
prohibited.
Any product, service, or trade name other than those owned by
the owners of the Site that identify a third party as the source
thereof may, even if not so indicated, may be the service mark
or trademark of that respective entity or individual.
CLAIMS OF COPYRIGHT INFRINGEMENT BY THIRD PARTIES
The owners and operators of the Site support the Digital
Millennium Copyright Act ("DMCA") and encourages users to
contact them via the host provider of the Site, with details of
any alleged copyright infringement. Please include "DMCA" in the
subject line if contacting us via email.
Corporate Counsel
Snowball's Place.Com
Email Address: legal@snowballsplace.com
Postal Address: PO Box 62874, Virginia Beach VA 23466-2874
All notices to us in regard to potential copyright infringement
should include all of the following details:
(a) A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is
allegedly infringed.
(b) Identification of the copyrighted work claimed to have been
infringed, or if a single covers multiple copyrighted works at a
single Web site claim, a representative list of such works at
that Web site.
(c) 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 owners of the
Site to locate the material.
(d) Information reasonably sufficient to permit the owners of
the Site 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.
(e) A statement that the complaining party believes in good
faith, that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law.
(f) A statement that the information in the notice 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.
Dealing with Copyright Infringers
In the case of Third Party Websites who are the subject of a
claim of copyright infringement, the owners of the Site reserve
the right to remove and/or to disable any link or other access
to such Third Party Websites and/or terminate the accounts of
the owners of the said websites.
OBJECTIONABLE MATERIAL
The owners of the Site support responsible parenting in
respect of the use of the Site by children. We encourage parents
to implement commercially available hardware and software
filtering devices that will help protect children from exposure
to material that is offensive, objectionable, harmful, deceptive
or otherwise inappropriate for children.
If you come across any Third Party Websites that you believe
contains illegal material or assists or promotes the conduct of
illegal activities, please contact us by email at: and we will
pass the information on to the relevant authorities.
DATA COLLECTION AND YOUR PRIVACY
Due to the nature of the Site, the owners of the Site do not
ordinarily collect, store, use or disclose any personally
identifying information of a user of the Site or the Site,
unless you are an advertiser or otherwise make direct contact
with us. In the event that you do provide us with such personal
information, it will be dealt with in accordance with our
Privacy Policy, which may be accessed by clicking on the
relevant link on the Site.
The Internet is a global computer network. By submitting your
personal information to us electronically over the Internet, you
agree to our collecting and processing your personal data in
this manner. The owners of the Site shall not be responsible or
liable for any loss or damage sustained as a result of
interception of your personal data during transmission and/or
the unauthorised use of this data by third parties.
GENERAL
Governing Law
This Agreement shall be construed and controlled by the laws
of the Commonwealth of Virginia, USA. Further, the laws of the
Commonwealth of Virginia will govern any dispute arising from
the terms of this agreement or a breach of this Agreement.
Customer agrees to personal jurisdiction by the State and
Federal courts sitting in the Commonwealth of Virginia,
including the United States District Court for the Eastern
District of Virginia, Norfolk Division.
Entire Agreement
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter contained herein and
supersedes all previous and contemporaneous agreements,
proposals and communications, written or oral between the owners
of the Site and you. The owners of the Site may amend or modify
this Agreement or impose new conditions at any time without
notice to you, effective immediately upon being published on the
Site. Any use of the Site by you after such notice shall be
deemed to constitute acceptance by you of such amendments,
modifications or new conditions.
Notices
All notices given to you by the owners of the Site shall be
sent to your nominated e-mail address. You may give notice to
the owners of the Site by sending an e-mail addressed to
support@snowballsplace.com
Severability
In the event that any provision of these Terms of Use are
found by a court of competent jurisdiction to be invalid,
illegal or unenforceable, such provision shall be severed from
the Terms of Use and the remaining provisions shall remain in
full force and effect. The parties further agree that the court
should endeavor to give effect to the parties' intentions as
reflected in the severed provision these Terms of Use should be
interpreted to affect the intent of the parties, and the
remaining provisions will remain in effect.
Section Headings
The section headings contained herein are for reference
purposes only and shall not in any way affect the meaning or
interpretation of this agreement.
Waiver
A failure by the owners of the Site to exercise or enforce
any right or provision of the Agreement shall not be deemed to
be a waiver of such right or provision.
Arbitration
Any dispute or claim arising out of or relating to the use
of Site or the Sites or these Terms of Use shall be settled by
binding arbitration conducted by an independent arbitrator
appointed by the owners of the SnowballsPlace.com.
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