Terms and Conditions
Welcome! Super Sprowtz LLC (“Super Sprowtz”, “us” or “we”) welcomes you to the Super Sprowtz family of websites. We provide various digital media and creativity related applications, sharing features, forums, shopping services, personalized content and other features, products and services through these websites (which, along with the websites, are collectively referred to as the “Service”).
By using or accessing any part of the Service, you are agreeing to these Terms of Service and all other policies or notices posted by us on our websites (collectively, the “Terms”).
If you don’t agree to the Terms, don’t use the Service. We can change the Terms at any time without any notice to you, and by continuing to use the Service, you agree to be bound by all such modifications or revisions. It is your responsibility to review these Terms from time to time for any changes as they create binding legal agreement between you and Super Sprowtz. You may not accept these Terms or use the Service if you are not of legal age to form a binding contract with Super Sprowtz.
Use of Service
All HTML, content, messages, text, files, images, photos, graphics, photo slideshows, tags, interactive features, video, sounds, software, profiles, works of authorship, or any other materials (collectively, “Content”) that are made available on the Service are the property of Super Sprowtz or its content suppliers. Except as set forth below or as specifically authorized in other sections of the Service, Super Sprowtz strictly prohibits redistributing or copying of any part of the Service or Content on the Service without written permission from Super Sprowtz. Super Sprowtz authorizes you to display on your computer, download and print pages from the Service provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational and non-commercial use, and (d) you do not redistribute or copy the information to any other media. You may not frame or utilize framing techniques to enclose any aspect of the Service (including images, text, page layout, or form) without express written consent.
Super Sprowtz respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Copyright Infringement Claims found below.
Super Sprowtz, Fantastic Fruitz and other graphics, logos, icons, service names, product names and designations associated with Super Sprowtz and appearing in connection with the Service (collectively, the “Marks”) are trademarks, registered trademarks or trade dress of Super Sprowtz in the U.S. and/or other countries. The Marks may not be used in connection with any product or service that is not Super Sprowtz’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Super Sprowtz. You may not use any meta tags or any other “hidden text” with any of the Marks without the express written consent of Super Sprowtz. If you have any questions about the use of these Marks please contact us at email@example.com. All other trademarks not owned by Super Sprowtz that appear in connection with the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Super Sprowtz.
Responsibility for Minors
In cases where you have authorized a minor to use the Service, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Service; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE SERVICES MAY CONTAIN MATERIAL THAT YOU MAY CONSIDER TO BE INAPPROPRIATE FOR MINORS.
Linking and Downloads
The Service contains (or you may be sent through the Service to) links to other websites (“Third Party Sites”). Such Third Party Sites are not investigated, monitored or checked for accuracy by Super Sprowtz, and Super Sprowtz is not responsible for any Third Party Sites accessed through the Service, including the content, ownership, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites. Your use of the Third Party Sites is at your own risk.
Rules of Conduct
Your use of the Service is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage the Service is a violation of criminal and civil laws. Super Sprowtz reserves the right to seek damages from any such person to the fullest extent permitted by law.
You agree not to post or transmit through the Service any material or content that violates or infringes in any way the rights or properties of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on or in connection with the Service that restricts or inhibits any other user from using or enjoying the Service by “hacking”, “cracking”, “spoofing”, or defacing any portions of the Service. You may not post or transmit through the Service advertising or commercial solicitations; promotional materials relating to website or online services; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents. You may not harvest or collect information about Service users without their express written consent.
If you are required to complete a registration process to enter or use a portion of the Service, you agree (i) to provide Super Sprowtz with accurate, complete and current information; and (ii) to update your information to keep it accurate, complete and current. Failure to provide accurate information constitutes a breach of these Terms, which may result in immediate termination of your right to access the Service or any portion thereof.
You may not select a user name that impersonates someone else, is vulgar or offensive, is or may be illegal, may be protected by trademark or other proprietary rights, or may cause confusion. Super Sprowtz reserves the right to reject any user name in our sole discretion.
You agree not to sell or transfer your use of or access to the Service or permit anyone else to use the Service through your user name or password. You are responsible for maintaining the confidentiality of your password and account and for all activity that occurs on your account. You agree to immediately notify Super Sprowtz of any unauthorized use of your account or any other breach of security. Super Sprowtz will not be liable for any loss you incur as a result of someone else using your password and account with, or without, your permission.
Super Sprowtz has the right, but not the obligation, to monitor the content of the Service to determine compliance with these Terms and any other operating rules established by Super Sprowtz. Super Sprowtz has the right in its sole discretion to pre-screen, review, flag, filter, modify, refuse or remove any material submitted to or posted on the Service that it finds to be in violation of these Terms or is otherwise objectionable, or to revoke the rights of any registered user. You are solely responsible for any information you post, transmit or otherwise make available on the Service. You acknowledge and agree that Super Sprowtz does not have any liability for any action or inaction with respect to any conduct, communication or posting on the Service.
By displaying, publishing, posting or making available for download and use by others any Content, you grant Super Sprowtz a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, prepare derivative works of and distribute such Content for any reason. You represent and warrant that you own or otherwise control all of the rights to such Content, that such Content does not violate these Terms and will not cause injury to any person or entity, and you agree to indemnify Super Sprowtz for all claims resulting from, arising out of or relating to such Content.
Sale of Products
Our Service may include the offer for sale of CDs, DVDs, books, comics, prints, greeting cards, calendars, clothing and other merchandise which display all or any part of Content that you have provided (“Products”). Any offer for sale or purchase of such Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through our Service (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products (unless we are the vendor, in which case the terms of purchase we have posted shall apply).
Any questions, comments, suggestions, ideas, concepts, techniques, data, materials or information that you provide to us (“Feedback”) shall not be regarded as confidential. Super Sprowtz has no obligation of any kind with respect to any Feedback. Super Sprowtz shall be free to reproduce, perform, use, disclose, exhibit, display, transform, create derivative works from, and/or distribute any Feedback without limitation. Further, Super Sprowtz shall be free to use any ideas, concepts, know-how, data or techniques contained in any Feedback for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products that incorporate such ideas, concepts, know-how, data or techniques.
Procedure for Making Copyright Infringement Claims
If you believe that something on our Service violates your copyright, please notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice:
- provide your physical or electronic signature;
- identify the copyrighted work that you believe is being infringed;
- identify the item on our Service that you think is infringing your work and include sufficient information about where the material is located on our Service (including which website) so that we can find it;
- provide us with a way to contact you, such as your address, telephone number, or e-mail;
- provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on our Service; and
- provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
Copyright Agent Super Sprowtz LLC
Again, we cannot take action unless you give us all the required information.
If you believe that content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content on the Service, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of that content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address and telephone number and a statement that you consent to jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Super Sprowtz Solutions may be found, and that you will accept service of process from the person who complained that posting the Content constituted an intellectual property right infringement or from an agent of that person.
If a counter-notice is received by the Copyright Agent, Super Sprowtz may send a copy of the counter-notice to the original complaining party informing that person that Super Sprowtz may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Super Sprowtz’ sole discretion.
Forums and Chat Rooms
Users of Super Sprowtz’ chat rooms, forums or other interactive services (the “Super Sprowtz Communities”) are expected to adhere to the guidelines below. Any user failing to comply with these Terms may be expelled from the Super Sprowtz Communities, and Super Sprowtz may terminate or restrict such user’s accounts. In addition, Super Sprowtz may remove any Content provided by you that violates these Terms or is otherwise objectionable, in Super Sprowtz’ sole discretion. No child under the age of 13 may participate in any Super Sprowtz Communities, including all chat rooms and forums offered throughout the Service.
Please read all the Prohibited Conduct described above before using the Super Sprowtz Communities, and, without limiting any other prohibitions or rules contained in these Terms, keep in mind the following:
- All information you submit in registering must be true, accurate, current, and complete (apart from optional items).
- Do not upload, post, email, otherwise transmit or post links to any content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Do not stalk or otherwise harass other users.
- Do not upload, post, email, otherwise transmit or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Do not upload, post, email, otherwise transmit or post links to any Content that exploits the images of youth under 18 years of age, or that discloses personally identifying information belonging to children under 13 years of age.
- Do not impersonate any person or entity, including, but not limited to, a Super Sprowtz official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Do not upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Do not disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
- Do not disobey any Super Sprowtz hosts, moderators, or other Super Sprowtz employee or representative or interfere with any action by any Super Sprowtz host or other Super Sprowtz employee or representative to redress any violation of these Terms.
- Do not access any Super Sprowtz Communities after your account or access has been terminated by Super Sprowtz.
- Do not upload, post, email, or otherwise transmit, or post links to any content that facilitates hacking.
- Do not interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including without limitation Super Sprowtz hosts.
Violations of these Terms in connection with the use of Super Sprowtz Communities should be reported to: info@Super Sprowtz.com
By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Super Sprowtz makes no claim that Content contained on the Service is appropriate or may be downloaded outside the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country’s jurisdiction.
You agree to defend, indemnify and hold Super Sprowtz and its subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of your use of the Service (including any submission of Content by you).
THE SERVICE AND ALL CONTENT, SOFTWARE OR OTHER MATERIAL (COLLECTIVELY “MATERIAL”) OR SERVICES AVAILABLE AT THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY MATERIAL DOWNLOADED,USED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY REPONSIBLE FOR ALL DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE OR DOWNLOAD OF ANY MATERIAL.
EXCEPT AS MAY BE EXPRESSLY WARRANTED IN A LICENSE AGREEMENT OR OTHER AGREEMENT, Super Sprowtz MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARDS TO THE MATERIAL OR SERVICES AVAILABLE AT THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Super Sprowtz DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF YOUR USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, Super Sprowtz MAKES NO WARRANTY THAT (i) THE MATERIAL OR SERVICES OFFERED ON THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE MATERIAL OR SERVICES OFFERED ON THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIAL OR SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE MATERIAL OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM Super Sprowtz OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, Super Sprowtz SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT IT HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IN CONNECTION WITH THE SERVICE IS TO CEASE YOUR USE OF THE SERVICE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Arbitration; Governing Law
Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of New York applicable to contracts entered into and wholly to be performed within New York. Any controversy or claim arising out of or relating to these Terms or your use of the Service shall be settled by confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or threatened to violate Super Sprowtz’ intellectual property rights, Super Sprowtz may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Any arbitration under these Terms shall be arbitrated on an individual basis, and to the fullest extent permitted by applicable law shall not be consolidated in any arbitration with any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. The arbitration shall be conducted in New York, New York and judgment on the arbitration award may be entered into in any court of competent jurisdiction. By using the Service and thereby agreeing to these Terms, you consent to personal jurisdiction and venue in the state and federal courts in New York with respect to all such disputes.
Whenever Super Sprowtz has provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with Super Sprowtz.