Snowday — Creative Production Studio
A creative production studio.

Terms

TERMS OF USE

Last updated: 8/22/17

Acceptance of the Terms

The following terms and conditions, (these “Terms”) are entered into by and between Snowday LLC (“we” or “us”) and you (“you”).  These Terms govern your access to and use of our website, www.snowday.studio (the "Site") and your access or use of any videos, information or other materials made available by us on our Site (collectively with the Site, the “Services”).

Please read these Terms carefully. By accessing or using the Services, you agree that you have read and agree to be bound by these Terms.  If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not agree to all of these Terms, you may not use the Services.


Changes to the Terms of Use

We reserve the right to update and revise these Terms at any time. We’ll make sure to change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit.  We’ll also update you when we make significant changes, either through a pop-up notice on the Services, via e-mail or through other reasonable means.  If you continue to use the Services after we make any changes to these Terms, you agree to be bound by these Terms as modified. If you don’t agree with any changes that we make to these Terms, you unfortunately will no longer be able to use the Services.


Privacy Policy; Supplemental Terms

Your use of, and participation in, certain Services offered by the Company is subject to the terms set forth in our [Privacy Policy] [insert hyperlink] (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.

Your use of, and participation in, certain Services offered by the Company may also be subject to additional terms (“Supplemental Terms”). If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to such service.

The Privacy Policy and any such applicable Supplement Terms are incorporated into these Terms by reference.


Eligibility Requirements

The Services are not intended for use by anyone under the age of 13.  If you are under 13, you are not permitted to use the Services.  


Intellectual Property Rights

All materials displayed or made available by us on the Services, including, but not limited to videos, sound recordings, text, graphics, data, articles, photographs, images and illustrations (collectively, the “Snowday Content”), are owned by us or our third party licensors and are protected by intellectual property laws.  You acknowledge and agree that you do not acquire any ownership interest in the Services under these Terms or acquire any other rights other than the right to use the Services in accordance with these Terms.  You agree that you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Snowday Content accessed through the Services and that you will not copy, download, store, modify, reproduce, publish, distribute, upload, display, create derivative works, license, sell or otherwise exploit the Snowday Content for any purpose whatsoever.  

Without limiting the foregoing, you are solely permitted to use the Snowday Content by viewing it on our Site in the form presented to you for your personal, non-commercial enjoyment and for no other purpose.  Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

To inquire about obtaining authorization to use the materials or content other than as permitted in these Terms, please contact us at hello@snowday.studio.


Your Responsibilities and Restrictions

You may only use the Services in accordance with these Terms any other policies that we may provide to you or post on the Site.  You agree that you will not use (or encourage anyone else to use) the Services in a manner that: (1) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party; (2) violates any law, statute, ordinance or regulation; (3) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene or libelous; (4) violates the security of any computer network, or cracks any passwords or security encryption codes; (5) runs “spam” on the Services or otherwise interferes with the Services (including by placing an unreasonable load on the Services’ infrastructure); (6) scrapes any portion of the Services of the Snowday Content; or (7) modifies, adapts, translates, reverse engineers, decompiles, disassembles any of the contents of the Services into any form not so intended to be read. 


Warranty Disclaimers; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY SNOWDAY CONTENT.

IN NO EVENT WHATSOEVER WILL WE, OUR OFFICERS, DIRECTOR, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, IN CONNECTION WITH YOUR USE OF THE SERVICES.

THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE MADE TO THE FULLEST EXTENT PERMITTED BY LAW.


Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Services or your use of any information obtained through use of the Services.

Modifications and Termination of the Services

We reserve the right to change, suspend, discontinue, cancel or terminate any part of the Services at any time in our sole discretion.  We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.  In the event the Services are terminated, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.  

Governing Law.  

No matter where you’re located, the laws of the State of New York will govern these Terms and the relationship between you and the Company as if you signed these Terms in New York, without regard to New York state’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

Waiver

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Severability

If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

Entire Agreement

Subject to any Supplemental Terms, these Terms constitute the entire agreement between you and the Company and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written with respect to these Services. Any rights not expressly granted herein are reserved.

Notices and Communications

We may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us. You may send us a request to opt out of some of those communications by emailing us at hello@snowday.studio.

Comments, Concerns and Complaints

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: hello@snowday.studio.