Terms of Website User Agreement
This Terms of Website User Agreement sets forth the standards of use of the Sunshine Media Online properties, including this website. By using a Sunshine Media website you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at a Sunshine Media website. Your continued use of a Sunshine Media website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Disclaimer of Warranties
The site is provided by Sunshine Media on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Sunshine Media makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Sunshine Media shall have no liability for any interruptions in the use of this website. Sunshine Media disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable in such jurisdictions.
2. Limitation of Liability
SUNSHINE MEDIA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATING TO ACCESS TO OR USE OF THIS WEBSITE WHATSOEVER, AND IN PARTICULAR SUNSHINE MEDIA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING FROM OF OR RELATING TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SUNSHINE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH LIMITATION IS INAPPLICABLE IN SUCH JURISDICTIONS.
User agrees to indemnify, defend and hold Sunshine Media, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of User’s access to or use of this website, any breach of this Agreement, or infringement by User (or by any other user of this website using User’s computer) of any intellectual property or any other right of any person or entity.
4. Use of Material Supplied by You
For information regarding the use of information about you that you may supply or communicate to this website, please see our Website Privacy Statement. Except as expressly provided otherwise in the Website Privacy Statement or in this Agreement, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through this website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. In addition, please be aware that information you disclose in publicly accessible portions of this website will be available to all users of the website, so you should be mindful of personal information and other content you may wish to post.
5. Representations and Warranties
By uploading or otherwise submitting any information or materials to this website (“Content”), you represent and warrant that (a) you own or otherwise have all necessary rights, including but not limited to copyrights, to the Content and have the right to use it as provided in this Agreement; (b) all Content submitted by you is true, accurate, current and complete, and does not violate this Agreement; (c) you have the full right, power and authority to enter into and perform this Agreement, and have secured all third party consents, licenses, waivers and permissions necessary to enter into and perform this Agreement, including, without limitation, waivers of rights of privacy, publicity and personality from any third parties whose names, likenesses, photographs, animated portrayals, or actual or imitated voices are depicted in the information ; (d) Sunshine Media shall not be required to make any payments with respect to the authorized use of any Content submitted by you, including, without limitation, any payments to you, third parties claiming through you or otherwise, publishers, rights agents, performance rights societies, persons who contributed to or whose names, likeness, photographs, animated portrayals or actual or imitated voices appear in such Content, your licensors, unions or guilds; and (e) the information submitted by you will not (i) infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of publicity, rights of privacy, moral rights or any other proprietary rights of third parties, (ii) violate any applicable law, statute, ordinance or regulation, (iii) be defamatory, trade libelous, trademark disparaging, fraudulent, harassing, abusive, threatening, harmful, lewd, pornographic or obscene, (iv) disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to facilitate any unauthorized access to any portion of the this website, Sunshine Media’s computer systems, servers or networks; (v) transmit junk mail, chain letters, or other unsolicited bulk e-mail, spam or duplicative messages to other users of this website; (vi) collect information about other users of this website without their consent or otherwise systematically extract data or data fields, including, without limitation, any financial data or e-mail addresses, from this website or Sunshine Media’s computer systems; or (vii) contain any viruses, trojan horses, time bombs or other programming routines or elements that detrimentally interfere with computer systems or data. You agree that, upon request, you will provide us with evidence, in a form and format reasonably acceptable to us, indicating that the information submitted by you complies with the foregoing warranties.
6. Take-Down Policy
This websites includes weblogs, forums, photo galleries and other interactive areas in which users can express opinions and share ideas and information. Sunshine Media cannot and does not monitor all of the Content submitted to this website. Additionally, Sunshine Media does not control, and is not responsible for, Content submitted by users. By using this website, you may be exposed to Content that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of this website and any Content on this website, including, but not limited to, whether you should rely on such Content. Notwithstanding the foregoing, you acknowledge that Sunshine Media shall have the right (but not the obligation) to review any Content that you have submitted to this website, and to reject, delete, disable, or remove any Content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this Agreement; (b) might violate any law, infringe upon the rights of third parties, or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable, or remove any Content at any time, for the reasons set forth above, for any other reason, or for no reason. If you believe that any Content on this website infringes upon any copyrights that you own, please contact us pursuant to the procedures outlined in the Digital Millennium Copyright Act (Title 17 U.S.C. § 512) at the following address:
Sunshine Media, Inc.
5600 Brainerd Road, Suite 1
Chattanooga, TN 37411
7. Non-Commercial Use of Content
Sunshine Media authorizes you to view and make copies of documents, pages, images or other materials or Content on this website, for your non-commercial, personal use only. Sunshine Media reserves all other rights. You may not distribute, display, transmit or disseminate any such documents, pages, images, materials or Content without the prior written consent of Sunshine Media. Except as expressly provided on this site, nothing contained on this website shall be construed as conferring any right under any trademark, copyright or other intellectual property right.
Content contained within this website which is provided by an individual or entity other than Sunshine Media is owned by such other individual or entity and may not be published, broadcast, rewritten, for broadcast or publication or redistributed directly or indirectly in any medium. Neither these materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Neither Sunshine Media nor any other such individual or entity will be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. All rights in all material contained on this site are reserved, unless provided otherwise in this Agreement.
REPRINT PERMISSION: To request permission to republish information, contact firstname.lastname@example.org
8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by Vendors or collected from publicly available sources. While Sunshine Media makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Sunshine Media makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. Sunshine Media shall not be liable for any information provided by Vendors.
9. Governing Jurisdiction of the Courts
10. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use this website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of Sunshine Media and/or third parties protected by intellectual property rights. Any use of materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Sunshine Media is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Sunshine Media.
Sunshine Media’s trademarks, service marks, trade names, designs, graphics, titles, characters and other properties appearing on this website may not be used in connection with any product or service that is not provided by Sunshine Media, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sunshine Media.
Other trademarks displayed on Sunshine Media’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors by Sunshine Media. In addition, use of others’ trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Sunshine Media.
12. Other Terms