Effective Date: March 25, 2011
Snow Communications, Inc.
12 South 6th St.
Minneapolis, MN 55402
Ownership of Site and Content
All right, title and interest in this Site, including, but not limited to all of the software and code that comprise and operate this Site, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URL’s, advertising copy and other materials provided through this Site (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. This Site is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of this Site is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.
Feedback and Other Submissions
The comments, feedback, suggestions, ideas, artwork and other information or materials you provide to us when you use our Site or respond to solicitations on our Site (collectively, “Submissions”) shall be our exclusive property. We shall exclusively own all rights, title and interests, known or hereafter existing, in your Submissions. Without limiting the generality of the foregoing, we shall have right (but not the obligation) to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Submissions you submit to us for any purpose whatsoever, without restriction and without compensating you in any way. We shall have no obligation to treat your Submissions as confidential. You are responsible for the lawfulness and appropriateness of all Submissions you submit through our Site.
By providing Submissions to us, you are agreeing to these terms; representing and warranting to us that your Submissions are your original work; and assigning to us all worldwide rights, title and interests in your Submissions, including all copyrights and other intellectual property rights.
We may now or in the future permit users to post, upload, display, publish, distribute, transmit through, broadcast or otherwise make available on the Site (collectively “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, video, information, content and or other materials (“User Content”).
Rules Governing User Content. The following additional terms and conditions apply when you post comments or other Content on one of our Site (“User Content”).
You may not
- post any User Content that is protected by copyright, trademark, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights without the express permission of the owner of the respective right; and you are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content you submit;
- post any User Content that is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; offensive; inappropriate; or inflammatory;
- post any User Content that you know (or reasonably should know) is false, deceptive or misleading;
- post any User Content 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;
- post any private information about another person, including addresses, phone numbers, email addresses, and so on;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
- use the Site in a manner that violates any laws or regulations;
- use the Site to solicit money, goods or services for private gain;
- use the Site to solicit money, goods or services for any charitable purposes;
- use the Site to promote political views or candidates;
- use the Site to advertise any goods or services or to solicit the purchase or sale of any products or services;
- use the Site to transmit chain letters or junk email;
- use the Site to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
- use the Site in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Site;
- use the Site to harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site in a manner that, in our sole discretion restricts or inhibits any other user from using or enjoying the Site.
- use the Site in a manner that suggests an association with our Company or any of our subsidiaries, affiliates, employees, products or brands.
Right to Monitor and Remove User Content
Ownership of User Content
The User Content you provide to us shall be and remain exclusively our property. We shall exclusively own all rights, title and interests, known or hereafter existing, in your User Content. Without limiting the generality of the foregoing, we shall have right (but not the obligation) to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any User Content you submit to us for any purpose whatsoever, without restriction and without compensating you in any way. We shall have no obligation to treat your User Content as confidential. By providing User Content to us, you are agreeing to these terms; representing and warranting to us that the User Content you provide is your original work; and assigning to us all worldwide rights, title and interests in your Submissions, including all copyrights and other intellectual property rights. We are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you and for any purposes whatsoever including, without limitgation, developing, manufacturing and marketing products and/or services using such User Content.
Some of the articles, columns, information, and other materials available through our Site are provided to us by third parties (other than visitors to our Site). Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for your interest and convenience only. We do not endorse these materials or the third parties who supply them to us, nor are we responsible, warrant, or represent that these materials are current, accurate, complete or reliable. The opinions expressed in these materials are strictly those of the authors and do not necessary reflect our views or opinions. If there is a dispute between persons accessing the website or between persons accessing the website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Snow Communications and its officers, directors, employees, partners, successors, agents, affiliates, subsidiaries and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
Agent to Receive Notification of Claimed Infringement
We do not knowingly violate or permit others to violate the copyrights of others. It is your responsibility to make sure that you do not post User Content that violates the copyrights of others. We reserve the right to deny you access to this Site if you post or transmit infringing Content on or through one of the Site. Please notify our Copyright Agent immediately if you have reason to believe any part of the Content of this Site or any other Site infringes the copyrights of others.
The website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third party links. We are not responsible for any content posted on third party websites or are not liable to you for any loss or damage of any sort incurred as a result of your dealing with any third party or their website.
Notice of Claim of Copyright Infringement
If you are the copyright owner or are authorized to act on behalf of the copyright owner, please notify our Copyright Agent immediately of any claim of copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
- a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
- a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
- enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
- a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
- a statement that all of the information you have provided is accurate; and
- a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Your notice must be signed (physically or electronically) and must be addressed as follows:
12 South 6th St.
Minneapolis, MN 55402
You may not use any of the trademarks displayed on our Site without the prior express written permission of the trademark owner.
LIMITATION OF LIABILITY
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT. ALTHOUGH WE PROVIDE RULES FOR USER CONTENT, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING, FALSE, OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON OUR SITE OR IN CONNECTION WITH YOUR USE OF OUR SITE.
UNDER NO CIRCUMSTANCES, SHALL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH OUR SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF OUR AUTHORIZED REPRESENTATIVE OR THE AUTHORIZED REPRESENTATIVE OF ONE OF OUR AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AND OUR AFFILIATES’ AGGREGATE LIABILITY (INCLUDING THE LIABILITY OF ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT, IF ANY, OF ANY AMOUNTS PAID BY YOU TO US OR THE APPLICABLE AFFILIATE IN CONNECTION WITH THE APPLICABLE PRODUCT OR SERVICE, OR IF YOU HAVE PAID NO SUCH AMOUNTS, $10.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Use of This Site Outside the United States
This Site is intended for use by individuals who reside within the United States and has been designed to comply with United States law. We do not represent that this Site or the Content, products, or services made available through this Site are appropriate for locations outside the United States, nor that this Site or the Content, products or services made available through this Site complies with the laws of any other country. If you access this Site from locations outside the United States, you are responsible for complying with all applicable local laws.
Governing Law, Jurisdiction and Venue