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SNEAKYSUNDAY.COM

TERMS OF SERVICE

  1. A Legal Agreement

    1. This is a legally binding agreement between you and Sneaky Sunday, LLC. By your accessing any of the Sneaky Sunday web sites, using or viewing any services or information on the Sneaky Sunday web sites (Services), or by clicking that you accept these Terms of Use (Terms), you agree to be bound by these Terms. If you don’t want to be bound by these Terms, don’t use or access the Sneaky Sunday web sites or use any Sneaky Sunday services.
    2. You are not authorized to create a user account with Sneaky Sunday unless you are at least 13 years of age.

  2. Services Generally

    1. You acknowledge and agree that the form and nature of the Services which Sneaky Sunday provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Sneaky Sunday may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Sneaky Sunday’s sole discretion, without prior notice to you. You may stop using the Services at any time.
    2. You acknowledge and agree that if Sneaky Sunday disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
    3. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
    4. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Sneaky Sunday. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
    5. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
    6. You acknowledge and agree that Sneaky Sunday (or Sneaky Sunday’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

  3. Your Account Information

    1. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Sneaky Sunday for all activities that occur under your account.
    2. For information about Sneaky Sunday’s data protection practices, please read Sneaky Sunday’s privacy policy at http://www.sneakysunday.com/privacy.html[use correct reference]. This policy explains how Sneaky Sunday treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Sneaky Sunday’s privacy policies.

  4. Content of Others

    1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services (Content) are the sole responsibility of the person from which such Content originated.
    2. Under no circumstances will Sneaky Sunday be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
    3. Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by other contributors, the sponsors or advertisers who provide that Content to Sneaky Sunday (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Sneaky Sunday or by the owners of that Content, in a separate agreement.
    4. Sneaky Sunday reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
    5. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Sneaky Sunday shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

  5. Content You Provide

    1. You agree that you are solely responsible for (and that Sneaky Sunday has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Sneaky Sunday may suffer) by doing so.
    2. You agree to not use the Service to:
      1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
      2. harm minors in any way;
      3. impersonate any person or entity, including, but not limited to, a Sneaky Sunday official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
      4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
      5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
      7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
      8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
      10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
      11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
      12. "stalk" or otherwise harass another; and/or
      13. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 13 above.
    3. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Sneaky Sunday or submitted to Sneaky Sunday.
    4. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
    5. Unless you have been expressly authorized to do so in writing by Sneaky Sunday, you agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
    6. You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content you give Sneaky Sunday a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.
    7. You agree that this license includes a right for Sneaky Sunday to make such Content available to other companies, organizations or individuals with whom Sneaky Sunday has relationships.
    8. You understand that Sneaky Sunday, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Sneaky Sunday to take these actions.
    9. You confirm and warrant to Sneaky Sunday that you have all the rights, power and authority necessary to grant the above license.
    10. By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Sneaky Sunday through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Sneaky Sunday is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Sneaky Sunday shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Sneaky Sunday may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Sneaky Sunday without any obligation of Sneaky Sunday to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Sneaky Sunday under any circumstances. You agree to indemnify and hold Sneaky Sunday and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

  6. Other Content

    1. The Services may include hyperlinks to other web sites or content or resources. Sneaky Sunday may have no control over any web sites or resources which are provided by companies or persons other than Sneaky Sunday.
    2. You acknowledge and agree that Sneaky Sunday is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
    3. You acknowledge and agree that Sneaky Sunday is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

  7. Termination of Access and Use of Services

    1. Sneaky Sunday may at any time, deny you access to the Sneaky Sunday web sites, prevent you from uploading Content, preclude you from receiving Services, and/or terminate its legal agreement with you if:
      1. you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
      2. Sneaky Sunday is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
      3. the partner with whom Sneaky Sunday offered the Services to you has terminated its relationship with Sneaky Sunday or ceased to offer the Services to you; or
      4. Sneaky Sunday no longer provides the Services to users in the country in which you are resident or from which you use the service; or
      5. the provision of the Services to you by Sneaky Sunday is, in Sneaky Sunday’s opinion, no longer commercially viable.
    2. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Sneaky Sunday have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

  8. EXCLUSION OF WARRANTIES

    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
    2. WITHOUT LIMITING THE FOREGOING, SNEAKY SUNDAY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
      1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
      2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
      3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
      4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNEAKY SUNDAY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
    5. SNEAKY SUNDAY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    6. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT SNEAKY SUNDAY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  9. LIMITATION OF LIABILITY

    1. SUBJECT TO THE IMMEDIATELY PRECEDING PARAGRAPH, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SNEAKY SUNDAY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
      1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND
      2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (II) ANY CHANGES WHICH SNEAKY SUNDAY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IV) YOUR FAILURE TO PROVIDE SNEAKY SUNDAY WITH ACCURATE ACCOUNT INFORMATION; (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
    2. THE LIMITATIONS ON SNEAKY SUNDAY’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT SNEAKY SUNDAY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

  10. Copyright and Trademark Policies

    1. It is Sneaky Sunday’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Please address all claims of copyright infringement to:

      By mail: Sneaky Sunday, LLC Attn: [use correct name] [add address and contact info] By phone: By fax: By email:

  11. Changes to the Terms

    1. Sneaky Sunday may make changes to the Terms from time to time. When these changes are made, Sneaky Sunday will make a new copy of the Terms available on Sneaky Sunday’s web sites.
    2. You understand and agree that if you use the Services after the date on which the Terms have changed, Sneaky Sunday will treat your use as acceptance of the updated Terms.

  12. Miscellaneous

    1. The Terms constitute the whole legal agreement between you and Sneaky Sunday and govern your use of the Services and completely replace any prior agreements between you and Sneaky Sunday in relation to the Services.
    2. You agree that if Sneaky Sunday does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Sneaky Sunday has the benefit of under any applicable law), this will not be taken to be a formal waiver of Sneaky Sunday’s rights and that those rights or remedies will still be available to Sneaky Sunday.
    3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision or part of a provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms, or parts thereof, will continue to be valid and enforceable.
    4. The Terms, and your relationship with Sneaky Sunday under the Terms, shall be governed by the laws of the State of Georgia without regard to its conflict of laws provisions. You and Sneaky Sunday agree to submit to the exclusive jurisdiction of the courts located within the county of Fulton, Georgia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Sneaky Sunday shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
    5. You acknowledge, consent and agree that Sneaky Sunday may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce the Terms; (3) respond to claims that any Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Sneaky Sunday, its users and the public.
Copyright © 2008 Sneaky Sunday, LLC. All rights reserved.
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