Terms of Use

 

Welcome to SunflowerSky!

We hope you enjoy your visit, and find that using our service is productive, easy and fun.
Before you begin setting up your account with SunflowerSky.com (herein referred to as “we”, “us”, or “SunflowerSky”), please read the following Terms of Use (“Terms”) carefully. These Terms govern your access to and use of the SunflowerSky service (“Service”). If you (“you”) agree to these Terms, and wish to use the Service, please click on the “Sign Up” button. This will constitute a binding agreement between you and SunflowerSky. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. To decline acceptance, click the “Cancel” button. Note that any violation of these Terms may result in termination of our Service to you.
SunflowerSky reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after SunflowerSky makes any such changes, you agree to be bound by the revised Terms.

 

1.    Your submissions

You may submit certain material to SunflowerSky, including without limitation, written words or photographic images, as part of your use of the Service (“Submissions”).
Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service:
o    Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.
o    Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;
While SunflowerSky is not responsible for, and does not review or comment on the content of Submissions provided by SunflowerSky users, SunflowerSky reserves the right in its discretion to take action that SunflowerSky deems necessary relating to the misuse of the Service. (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) suspend a users subscription.
A subscribers invitation to others to purchase journal(s) constitutes permission for reprinting by the subscriber of the journals. SunflowerSky will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.
Copyright notice
SunflowerSky is committed to protecting photographers’ copyrights and expects users of the Service to do the same. SunflowerSky may terminate the accounts of users or prevent access to the Service by users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that infringes your copyrights, please contact us.

 

2.    Age requirements

You must be at least 13 years of age to use our Service. If you, your parent or guardian, have any concerns please feel free to contact us.

 

3.    About your account

Access to your account
You can allow other people to contribute to your journal(s) through SunflowerSky’s online share feature. The people you invite to contribute to your journal will not be able to see your journal, only contribute.
We need to be able to access your account for the following reasons:
o    We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;
o    To maintain our Service to you and develop new and useful features and services;
o    To follow a court order, subpoena, complaint or a lawful request from governmental authorities;
o    SunflowerSky reserves the right to close accounts set up for fraudulent purposes.

 

4.    Canceling the service

If you violate any of these Terms, your permission to use the Service will terminate automatically.  SunflowerSky reserves the right to cancel the Service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.

 

5.    Third-party software

We may make third party software available to you from time to time. To access such third party software, you must first agree to the third party software provider’s terms and conditions governing use of such software which agreement will be between you and the third party software provider. SunflowerSky is not a party to any such arrangement between you and a third party software provider and disclaims any liability, and provides no warranties relating to such software.
This means that we do not guarantee that any third party software you access will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from your download and use of any such software.

 

6.    Third-party links

We may provide links to third-party sites that might be of interest to you, however, we have no control over the content or availability of the contents of these sites. You acknowledge and agree that SunflowerSky is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites. Links to third-party sites do not imply any endorsement by SunflowerSky of such sites or the content, products or services available from such sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.

 

7.    Copyrighted material and software

All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.
All right, title and interest in and to the SunflowerSky site and Service is and will remain the exclusive property of SunflowerSky and its licensors. The site and Service are protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.
When you create an account with SunflowerSky, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy.

 

9.    U.S. Government Restricted Rights

All materials, information, software and other products supplied by or through the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.

 

10.    Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.

 

11.    Claims

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the state and federal laws of the state of California, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts of North Carolina.

 

12.    Export

You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the Service.

 

13.    Disclaimer of warranties

THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH SUNFLOWERSKY’S SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUNFLOWERSKY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUNFLOWERSKY MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SUNFLOWERSKY MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH SUNFLOWERSKY’S SITE OR ADVERTISED THROUGH SUNFLOWERSKY’S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SUNFLOWERSKY OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

14.    Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SUNFLOWERSKY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF SUNFLOWERSKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, SUNFLOWERSKY’S SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT SUNFLOWERSKY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, SUNFLOWERSKY WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF SUNFLOWERSKY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO SUNFLOWERSKY FOR ACCESS TO AND USE OF THE SITE OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

15.    Customer Policy for Idea Submission

Many of our customers are interested in submitting ideas for products and services to be used at Sunflowersky, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our service; however, please note our policy on external idea submission:
o    Unsolicited ideas submitted to SunflowerSky or any of its employees automatically become the property of SunflowerSky.
o    By submitting unsolicited ideas to SunflowerSky you automatically forfeit your right to the intellectual property of these ideas.
If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to SunflowerSky or its employees. 
Instead:
contact us and leave a message with ONLY the general application.
If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by SunflowerSky in order to evaluate your concept(s).

 

16.    Miscellaneous

We may assign our rights and responsibilities hereunder without notice to you.
All items purchased through SunflowerSky are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.
When you place an order for a product, SunflowerSky will not bill you until we ship the items ordered. All subscription orders are billed at the time the subscription is ordered.
SunflowerSky reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.
If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of SunflowerSky to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.