Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Sundae.org, a Brand Media company. By using our web services, you agree and accept the following terms and conditions ("Terms Of Service").
2. CHANGES IN TERMS OF SERVICE
We reserve the right to change the terms of service with or without notice, and without liability to you. Your continued use of our web services constitutes your agreement to all such terms and conditions.
You may choose to open an account with Sundae.org to receive additional services offered to members only. By opening an account with us, you agree to provide accurate, current and complete information about yourself as prompted by the signup form. You are also responsible for maintaining and promptly updating the member profile to keep it current and complete. It is your responsibility to maintain the confidentiality of your account and password.
We reserve right to terminate your use of our services if the information that you provided contains false or misleading information; or conceals or omits any information that we may consider material.
4. SITE AND FORUM RULES
Your postings on our website will become public and will be viewable by anyone who connects to our website. All postings should be made in the English language. We ask you to be polite, use common sense, abide by the law, and don't post articles that may attack other parties. We reserve the right to remove, modify or move posts at our discretion and without notice. Violating site and forum rules could result in suspension or termination of your account.
5. Points System
Our website uses a point system to award our users who participate in discussions forums, refer users to our website, and logging into our website on a daily basis. We award Sundae points and allow our members to exchange points for advertisement on our website, or exchange it for gifts (i.e gift cards, promotional goods, and other material gifts). We reserve right to cancel our Point system at any time.
6. FEES, PAYMENT AND TERMS
In consideration of the advertisement services that you have selected, you agree to pay us the applicable service fees. All advertisement fees are paid in advance before the actual advertisement commences.
7. RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse to provide service(s) to you within thirty (30) calendar days from receipt of your payment for such advertisement services. In the event we decline to offer service(s) to you, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to host your domain name or any other service(s).
Any attempts to undermine or cause harm to our servers or customers are strictly prohibited. Sundae.org, a Brand Media company, will not permit you to use our services for any of the following purposes. Doing so violates the terms of your agreement with us:
- Spam: Unsolicited posting of commercial message
- Copyright Violations: Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability. If you use our service to distribute information, you should be aware of and abide by the laws involving copyrights
- Obscene Material: We will not allow the use of our site for the distribution of obscene or indecent material. We reserve the right to make the judgment in our sole discretion as to what constitutes an obscene or indecent material
- Illegal Activity: Any activity that is of an illegal or unlawful nature under the laws of the United States of America or the State of Illinois
- Other: Any other activity that we determine, in our sole discretion, is unethical or damaging to our other customers, users of the Internet in general, or to our corporate reputation
We regularly monitor our site, forums, and network. If we become aware of any violations of the above conditions, we may cancel your account immediately and without notice.
By using our services, you are presumed to have accepted this Acceptable Use Policy.
Violations of system or network security are prohibited and may result in criminal and civil liability. This includes, but is not limited to: unauthorized access, scanning of systems security or authentication measures, interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or email headers
You agree to release, indemnify, and hold Brand Media, its contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Brand Media services provided hereunder or your use of the Brand Media services, including without limitation infringement by you, or someone else using any Brand Media service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any Brand Media operating rule or policy relating to the service(s) provided. When Brand Media is threatened with suit by a third party, Brand Media may seek written assurances from you concerning your promise to indemnify Brand Media; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your account.
11. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" BASIS. BRAND MEDIA, INC. DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BRAND MEDIA, INC. MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON OUR WEBSITE.
BRAND MEDIA, INC. AND ITS AFFILIATES DO NOT WARRANT THE COMPLETENESS, TIMELINESS OR ACCURACY OF ANY DATA, INFORMATION, FEATURES, AND INFORMATION AVAILABLE ON OUR WEBSITE.
12. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, BRAND MEDIA, INC. IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE, HOWEVER, CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT OR WARRANTY, ARISING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES FROM OUR WEBSITE.
13. LINKS TO THIRD PARTY SITES
Brand Media, Inc. may contain links to third-party websites, which are not under the control of Sundae.org. We are not responsible for the contents contained in the linked sites, including without limitation any link contained in a linked site, and any changes or updates to a linked site.
14. COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS
You agree not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by others. Also, you agree to not engage in activity that violates privacy, publicity, or other personal rights of others. Brand Media, Inc. is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement.
15. COPYRIGHT NOTICES
Unless otherwise specified, all materials appearing on this site, including design, text, logos, graphics, icons, and images, as well as the selections, assembly, and arrangement, are the sole property of Brand Media, Inc., Copyright© 2003, ALL RIGHTS RESERVED. No materials from this site may be copied, reproduced, modified, republished, transmitted or distributed in any form or by any means without Brand Media, Inc's prior written permission. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
You attest that you are of legal age to enter into this Agreement.
17. GOVERNING LAW
This agreement shall be governed by and interpreted and enforced in accordance with the laws of the state of Illinois applicable therein without reference to rules governing the choice of laws. Any action relating to this agreement must be brought exclusively in the United States District Court for Northern District of Illinois, or if there is no jurisdiction in such court, then in a state court in Cook County, and you irrevocably consent to the jurisdiction of such courts.