Terms & Conditions
A) Terms of Service
The Gist:
We (the folks at Gray Works LLC) run a blog and website called SunnySaves.com and would love for you to use it. Our basic service is free, and we offer paid upgrades for banner advertisements and upgraded business memberships. Our service is designed to give you as much control and ownership over what goes on your page as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content).
That’s the gist of it. Thanks also to the good folks at Automattic (responsible for great creations like WordPress.com), who have made their more comprehensive Terms of Service available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Terms of Service. That’s exactly what we did.
Terms of Service:
The following terms and conditions govern all use of the SunnySaves.com website and all content, services and products available at or through the website, including, but not limited to, the SunnySaves.com website. The Website is owned and operated by Sunny Gray and Gray Works LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Gray Works Privacy Policy) and procedures that may be published from time to time on this Site by Gray Works (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Gray Works, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your SunnySaves.com Account. If you create a membership on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe or assign keywords to your profile or listing in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Gray Works may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Gray Works liability. You must immediately notify Gray Works of any unauthorized uses of your account or any other breaches of security. Gray Works will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third part
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your business is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Gray Works or otherwise.
By submitting Content to Gray Works for inclusion on the Website, you grant Gray Works a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your business. If you delete Content, Gray Works will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Gray Works has the right (though not the obligation) to, in Gray Works sole discretion (i) refuse or remove any content that, in Gray Works reasonable opinion, violates any Gray Works policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Gray Works sole discretion. Gray Works will have no obligation to provide a refund of any amounts previously paid.
3. Fees and Payment. Optional premium paid services such as upgraded Business Memberships are available on the Website. By selecting a premium service you agree to pay Gray Works the monthly subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly period as indicated. Premium service fees are not refundable.
4. Business Memberships & Display Advertising.
- Fees; Payment. By signing up for an upgraded Business Membership account or buying a display ad, you agree to pay Gray Works the monthly subscription fees indicated at http://www.sunnysaves.com/content/business-memberships in exchange for the services listed at http://www.sunnysaves.com/content/business-memberships. Applicable fees will be invoiced starting from the day your VIP Services are established and in advance of using such services. Gray Works reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Gray Works services can be canceled by you at anytime by logging into your account and choosing cancel.
5. Responsibility of Website Visitors. Gray Works has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Gray Works does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Gray Works disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SunnySaves.com links, and that link to SunnySaves.com. Gray Works does not have any control over those non-SunnySaves websites and webpages, and is not responsible for their contents or their use. By linking to a non-SunnySaves website or webpage, Gray Works does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Gray Works disclaims any responsibility for any harm resulting from your use of non-SunnySaves websites and webpages.
7. Copyright Infringement and DMCA Policy. As Gray Works asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SunnySaves.com violates your copyright, you are encouraged to notify Gray Works in accordance with standard Digital Millennium Copyright Act (“DMCA”) Policy. Gray Works will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Gray Works or others, Gray Works may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Gray Works will have no obligation to provide a refund of any amounts previously paid to Gray Works.
8. Intellectual Property. This Agreement does not transfer from Gray Works to you any Gray Works or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Gray Works. Gray Works, SunnySaves.com, the SunnySaves.com logo, and all other trademarks, service marks, graphics and logos used in connection with SunnySaves.com, or the Website are trademarks or registered trademarks of Gray Works or Gray Works licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Gray Works or third-party trademarks.
9. Changes. Gray Works reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Gray Works may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. Gray Works may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SunnySaves.com account (if you have one), you may simply log into your account and choose cancel membership if you are a paying member or just stop using the Website if you are a non-paying member. Notwithstanding the foregoing, if you have an upgraded membership, such account can only be terminated by Gray Works if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Gray Works notice to you thereof; provided that, Gray Works can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. The Website is provided “as is”. Gray Works and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Gray Works nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability. In no event will Gray Works, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Gray Works under this agreement during the twelve (12) month period prior to the cause of action. Gray Works shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Gray Works Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless Gray Works, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between Gray Works and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Gray Works, or by the posting by Gray Works of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of South Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Charleston County, South Carolina. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Charleston, South Carolina, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Gray Works may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
B) Disclosure Policy
The Federal Trade Commission (FTC) requires that I disclose any relationship I may have with anyone that provides something of value in connection with my reviews.
Disclosure Policy
This policy is valid from 01 February 2010
This blog is a personal blog written and edited by me. For questions about this blog, please contact Sunny Gray (Sunny@SunnySaves.com).
This blog accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation.
This blog abides by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post will be clearly identified as paid or sponsored content.
The owner of this blog is not compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this blog are purely the blog owners. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.
This blog does not contain any content which might present a conflict of interest.
To get your own policy, go to http://www.disclosurepolicy.org.
How I Make Money
1) Advertisements placed on this blog in the form of banners and text links (see my Advertise Page for details)
2) Affiliate promotions where I am paid a commission if someone buys another person’s product after clicking an affiliate link on one of my websites or in an email I send
3) Business Memberships - the bigger of the two business listings under the city categories!
4) From sales of merchandise through Cafe Press
Affiliate Disclosure
I earn commissions from products I review or mention in blog posts. I earn money by using affiliate links to other sites that pay a referral commission. This is one of the ways that I make a living from blogging.
Thanks also to the good folks at Automattic (responsible for great creations like WordPress.com), who have made their more comprehensive Privacy Policy available under a Creative Commons Sharealike license, which means that you can borrow some or all of their wording for your own Privacy Policy. That’s exactly what we did.
Gray Works LLC (“Gray Works”) operates SunnySaves.com. It is Gray Works policy to respect your privacy regarding any information we may collect while operating our website(s).
Website Visitors
Like most website operators, Gray Works collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Gray Works purpose in collecting non-personally identifying information is to better understand how Gray Works visitors use its website. From time to time, Gray Works may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Gray Works also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Gray Works does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.
Gathering of Personally-Identifying Information
Certain visitors to Gray Works websites choose to interact with Gray Works in ways that require Gray Works to gather personally-identifying information. The amount and type of information that Gray Works gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a SunnySaver Membership to provide a username, email address, state and zip code. Those who engage in transactions with Gray Works – by purchasing an upgraded business membership, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Gray Works collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Gray Works. Gray Works does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
Aggregated Statistics
Gray Works may collect statistics about the behavior of visitors to its websites. For instance, Gray Works may monitor the most popular shared business deals. Gray Works may display this information publicly or provide it to others. However, Gray Works does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Gray Works discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Gray Works behalf or to provide services available at Gray Works websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Gray Works websites, you consent to the transfer of such information to them. Gray Works will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Gray Works discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Gray Works believes in good faith that disclosure is reasonably necessary to protect the property or rights of Gray Works, third parties or the public at large. If you are a registered user of an Gray Works website and have supplied your email address, Gray Works may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Gray Works and our products. If you send us a request, we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Gray Works takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Cookies
A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Gray Works uses cookies to help Gray Works identify and track visitors, their usage of Gray Works website, and their website access preferences. Gray Works visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Gray Works websites, with the drawback that certain features of Gray Works websites may not function properly without the aid of cookies.
Ads
Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Gray Works and does not cover the use of cookies by any advertisers.
Privacy Policy Changes
Although most changes are likely to be minor, Gray Works may change its Privacy Policy from time to time, and in Gray Works sole discretion. Gray Works encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
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