Snowflake Stories, LLC Website Terms of Use

Welcome to SnowflakeStories.com. We hope you enjoy your experience with us.

Agreement

Please read the following Terms of Use carefully. These Terms and Conditions of Use (these “Terms”) apply to the Snowflake Stories, LLC website located at SnowflakeStories.com, and all associated sites linked to SnowflakeStories.com by Snowflake Stories, LLC and its affiliates (collectively, “Our Site”). Our Site is the property of Snowflake Stories, LLC.

BY ACCESSING OR USING OUR SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE OUR SITE.

Updates to these Terms

Snowflake Stories, LLC may, in its sole discretion, change, modify, add or remove portions of these Terms at any time. It is your responsibility to review these Terms periodically for changes. Your continued use of Our Site after the posting of any changes constitutes your acceptance of and agreement to the changes. As long as you comply with these Terms, Snowflake Stories, LLC grants you a personal, non-exclusive, non-transferable, limited privilege for entering and using Our Site.

Age

Users of all ages are welcome to enjoy the content of Our Site, but users must be 18 years old or older to order products from Our Site. If you are younger than 18 years of age and you want to order from Our Site, please ask you parent or guardian to do this for you. We don’t collect knowingly any Personally Identifiable Information (see our Privacy Policy) from children under the age of 13.

Content

All content on Our Site, in whatever form, including but not limited to logos, original written and visual content, text, graphics, photographs, videos, gifs, user interfaces and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content, is owned, controlled or licensed by Snowflake Stories, LLC and is protected by United States’ and other countries’ copyright, trademark, trade dress and other intellectual property rights and unfair competition laws.

You agree not to copy, reproduce, republish, translate, upload, post, display publicly, encode, transmit or distribute in any way (including “mirroring”) to any computer, server, website or other medium for distribution or publication, modify, sell, license or otherwise commercially exploit any Content without the prior written permission of Snowflake Stories, LLC.

The authors, illustrators, translators and Snowflake Stories, LLC, retain all present and future intellectual property rights in the books created through the use of Our Site, and reserve all rights in them.

You may use certain resources created by and offered as a “free download” from Snowflake Stories, LLC, which are clearly marked as “free” and “downloadable,” for your personal, non-commercial informational purposes provided that you (1) do not remove any proprietary notice language or branding information in all copies of these documents, (2) do not copy or post these documents on any networked computer or broadcast these documents in any media, (3) do not modify the information in these documents in any way, and (4) do not make any representations or warranties related to these documents.

Security, Disruption & Illegal Activity

You may not use any means, manual or automatic, such as a device, program, algorithm, methodology or any process, to access, acquire, copy, or monitor any portion or the entirety of Our Site to obtain or try to obtain any information, documents, or Content not expressly made available through Our Site.

You may not attempt to gain unauthorized access to any portion or feature of Our Site or to any systems or networks connected to Our Site by hacking, password “mining” or any other illegitimate means.

You may not test or scan the vulnerability of Our Site or any network connected to Our Site, nor may you breach security or authentication measures on Our Site or any network connected to Our Site.

You may not try to obtain any information pertaining to any other user of or visitor to Our Site, including any other user’s account information or Personally Identifying Information.

You agree not to take any action that imposes an unreasonable or disproportionate burden on the systems or networks that operate Our Site or the services or features available on it.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Our Site or any transaction being conducted on Our Site, or with any other person’s use of Our Site.

You agree not use Our Site or any Content for any purpose that is prohibited by these Terms, is illegal or infringes the rights of Snowflake Stories, LLC or any third party

Accounts & Passwords

Some features or services offered on Our Site may require you to open an account during which process you will provide your valid email address and create a password. You agree to keep your account information, including your password, confidential and to change your password as necessary to maintain its confidentiality. You further agree to assume responsibility for all activity that occurs on your account as a result of your failing to maintain the confidentiality of your password or other account information.

You agree to notify Snowflake Stories, LLC immediately of any unauthorized use of your account or password, or any other security breach you become aware of. You also agree not to use anyone else’s information or account on Our Site.

Purchases

Additional terms and conditions may apply to purchases of good as outlined in our guarantee located at SnowflakeStories.com/guarantee and to specific portions or features of Our Site, including contests and promotions, all of which are made a part of these Terms by this reference. You agree to abide by these additional terms and conditions. In the event that there is a conflict between these Terms and any terms posted for or applicable to a specific portion of Our Site or any service offered on or through Our Site, terms of the latter shall control your use of that portion of Our Site or the specific service.

Links to Other Sites

Our Site may provide hypertext links to third party websites that are not owned or controlled by Snowflake Stories, LLC (“Third Party Sites”). Snowflake Stories, LLC does not endorse or assume responsibility for any Third Party Sites. If you access any Third Party Sites, you do so at your own risk and you agree that Snowflake Stories, LLC will have no liability arising from your use of or access to any Third Party Sites.

Privacy

The terms of our Privacy Policy, which is available at SnowflakeStories.com/privacy, are incorporated into these Terms by this reference.

Additionally, by using Our Site, you acknowledge and agree that transmissions over the Internet are never completely private or secure. You also acknowledge and agree that any information, even encrypted information, such as credit card information, you send to Our Site may be read or intercepted by others.

Disclaimer

SNOWFLAKE STORIES, LLC OFFERS NO ASSURANCE AND EXPRESSLY DISCLAIMS ANY GUARANTEE THAT OUR SITE, THE CONTENT, OR ANY SERVICE OR FEATURE OF OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF OUR SITE WILL PROVIDE SPECIFIC RESULTS. OUR SITE AND THE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON OUR SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SNOWFLAKE STORIES, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR YOUR USE OF OUR SITE AND ANY THIRD PARTY SITES ACCESSED FROM LINKS ON OUR SITE. YOU AGREE THAT YOUR SOLE REMEDY AGAINST SNOWFLAKE STORIES, LLC FOR ANY COMPLAINT ARISING FROM USE OF OUR SITE OR THE CONTENT IS TO STOP USING OUR SITE AND THE CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Limitation of Liability

In no event will Snowflake Stories, LLC be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Snowflake Stories, LLC has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms, Snowflake Stories, LLC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of Our Site or the Content, to the extent permitted by applicable law, Snowflake Stories, LLC’s liability shall in no event exceed the greater of the amount you paid to Snowflake Stories, LLC related to your claim or US$100.00.

Indemnity

You agree to indemnify and hold harmless Snowflake Stories, LLC, its officers, directors, shareholders, successors-in-interest, employees, agents, subsidiaries and affiliates from any demands, losses, liabilities, claims or expenses (including attorneys’ fees), made against Snowflake Stories, LLC by any third party due to or arising out of or in connection with your use of Our Site.

Violation of These Terms

Snowflake Stories, LLC may disclose any information we have about you if we determine that disclosure is necessary in connection with any investigation or complaint regarding your use of Our Site or to identify, contact or bring legal action against a party who may be causing injury to or interference with Snowflake Stories, LLC’s rights or property, or the rights or property of visitors to or users of Our Site.

Snowflake Stories, LLC reserves the right to disclose any information Snowflake Stories, LLC deems necessary in order to comply with applicable laws, regulations, legal processes, or governmental requests.

You agree that Snowflake Stories may, in its sole discretion and without prior notice, terminate your access and block your future access to Our Site if we determine that you have violated these Terms or other agreements or guidelines associated with your use of Our Site. You agree that Snowflake Stories, LLC will not be liable to you or to any third party for removing your access to Our Site resulting from your violation of these Terms. You also agree any violation of these Terms by you will constitute an unlawful and unfair business practice and will cause irreparable harm to Snowflake Stories, LLC, for which monetary damages would be inadequate and as a result you consent to Snowflake Stories, LLC obtaining the injunctive or equitable relief that Snowflake Stories, LLC deems as appropriate and necessary in addition to any remedies Snowflake Stories, LLC may have at law or in equity.

Dispute Resolution & Interpretation

In the event you have a dispute with Snowflake Stories, LLC, you agree to first contact us at [email protected], to provide a full and true statement of the facts underlying the dispute and to attempt in good faith to resolve the dispute with us informally.

You agree that all matters relating to your access to or use of Our Site, including any disputes, will be governed by the laws of the United States and the State of Connecticut without regard to conflicts of laws principles. To the extent permitted by applicable law, you agree that any legal proceeding arising from your access to or use of Our Site will be brought exclusively in the Superior Court of the Judicial District of Danbury or the United States District Court for the District of Connecticut, and you hereby submit to personal jurisdiction and accept venue therein. The prevailing party in any such proceeding will be entitled to an award of costs reasonable attorney’s fees. Any claim under these Terms must be brought within one year after the cause of action arises, or the claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses (including attorney’s fees). If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms will remain in full force and effect.

These Terms of Use together with all sales, return, shipping and other policies posted on Our Site constitute the entire agreement between you and Snowflake Stories, LLC with regard to your use of Our Site. Snowflake Stories, LLC’s failure to insist on or enforce strict performance of these Terms will not be construed as a waiver by Snowflake Stories, LLC of any provision or any right it has to enforce these Terms, nor will any course of conduct between Snowflake Stories, LLC and you or any other party be deemed to modify any provision of these Terms.

Void Where Prohibited

Although Our Site may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on Our Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Snowflake Stories, LLC reserves the right to limit, in its discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on Our Site is void where prohibited. If you choose to access Our Site from outside the United States, you are responsible for compliance with all applicable laws, including local laws.