Terms Of Service

THE FOLLOWING DESCRIBES THE TERMS ON WHICH WE OFFER YOU SERVICES. BY CHECKING THE "I ACCEPT" CHECKBOX WHEN YOU SIGNUP, YOU ACCEPT THE TERMS AND CONDITIONS BELOW AND AGREE THAT THIS CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND SUNBURN DRINK. If you do not wish to be bound by these terms and conditions, please do not visit or use the Sunburn Drink Sites. You, the subscriber, agree that you are a willing subscriber to the Sunburn Drink services and agree that you will pay the fees associated with this service. Sunburn Drink may amend these Terms of Service in our sole discretion at any time without specific notice to you. The latest Terms of Service will be posted on our site, and you should review them prior to using the site.

Description of Service

Sunburn Drink operates this web site and associated web pages which will be referred to as SBD, or the Service, for purposes of these Terms of Service. Sunburn Drink offers you access to SBD which provides you access to a collection of online services. Sunburn Drink offers you access to the SBD site in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by Sunburn Drink from time-to-time in its sole discretion without notice to you. Unless explicitly stated otherwise, any new features or products that augment or enhance the current Service shall be subject to these Terms of Service.

General Use of the SBD site

You promise that you will not use the SBD site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the SBD site. This means, among other activities, that you agree not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the SBD site in any manner which could damage, disable, overburden, or impair the SBD site or interfere with any other party's use and enjoyment of the SBD site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SBD site. Except with the written permission of Sunburn Drink, you agree that you will not access or attempt to access password protected, secure or non-public content of the SBD site. Unauthorized individuals attempting to access prohibited areas of the SBD site may be subject to prosecution.

Registration/Privacy Policy

 In order for you to participate in the SBD Service, Sunburn Drink will require that you provide specific information about yourself. If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity (such information being "Member Data"). Member Data and certain other information about you is subject to our Privacy Policy. You agree and acknowledge that Member Data from the registration process is used to send you information about Sunburn Drink and services. Sensitive information will never be divulged to others without your permission. Some of your personal information from this service may be displayed on the personalized public web pages that you receive from Sunburn Drink. You can modify all of your personal information by logging into the service and selecting Account Management or by contacting customer support.

Although privacy issues are very important to us, given the current regulatory and technical environment you should not have an expectation of privacy in your Member SBD site or Member Data associated with it. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your private communications. We cannot ensure that all private communications or information associated with your Member SBD sites will remain private. For more information, Sunburn Drink urges you to review the Sunburn Drink Privacy Policy which is part of this Agreement.

Content Submitted to Sunburn Drink

The SBD site includes a number of venues that enable you to disseminate and exchange thoughts and opinions to and with other members of the public. Since Sunburn Drink firmly believes in the value of free and open dissemination and exchanges, it is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions or the thoughts and opinions of other users. Therefore, Sunburn Drink cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about yourself or your children on the SBD sites.

Member Conduct

You, and not Sunburn Drink, are entirely responsible for all information, data, text, software, music, sound, photographs, messages or other materials ("Member Content") posted via the Service. Sunburn Drink does not control the Member Content posted via the Service and as such, does not guarantee the accuracy, integrity or quality of such content. With respect to the content on your Member SBD sites you agree not to:

  • Post, broadcast, upload or otherwise transmit any content not related to appropriate subject matters;

  • Post, broadcast, upload or otherwise transmit any content which is misleading to others, including, but not limited to, consumers;

  • Post, broadcast, upload or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  • Post, broadcast, upload or otherwise transmit any content that you do not have a right to post and transmit under any law or contractual or fiduciary relationships (such as information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • Post, broadcast, upload or otherwise transmit any content, such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;

  • Post, broadcast, upload or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  • Post, broadcast, upload or otherwise transmit any materials which imposes an unreasonable or disproportionately large load on our infrastructure;

  • Post, broadcast, upload or otherwise transmit any content that is harmful to minors;

  • Post, broadcast, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  • 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;

  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations which have the force of law;

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Forge or otherwise manipulate any headers or identifiers in order to disguise the origin of any content transmitted through the service;

  • Collect or store personal data about any other individual;

  • Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

  • Attempt to access the accounts of others, or attempt to penetrate security measures of Sunburn Drink, Partner or other entities using the SBD trademark and other trademarks of Sunburn Drink, whether or not the intrusion results in corruption or loss of data; and/or

  • Resell or exploit for any commercial purpose Sunburn Drink’s services by any and all means.

Sunburn Drink may, in its sole discretion, terminate your SBD Account, member sites, or password for violating any of the prohibitions listed above.

Additionally, while we believe in each person's right to express themselves, sometimes the words you want to speak will be inappropriate for the community at large. For this reason, we may from time to time ask you to place some of your content behind password protection if we believe such content, while not in violation of these terms of service, is inappropriate for the community at large. If we ask you to place your content behind password protection and you fail to do so promptly, we at our sole option may choose to (a) place such content behind password protection ourselves, or (b) terminate these Terms of Service and your Sunburn Drink account. Furthermore, in cases where we have asked you to place content behind password protection or the content otherwise appropriately belongs behind password protection, you may not publish your password in such a way that negates the limited access nature of the password protected SBD site.

Sunburn Drink has a zero tolerance Spam policy. Any user who sends Spam emails using a Sunburn Drink trademark or web site address or the trademarks or web site addresses of any of our partners may be immediately terminate from any or all online services provided by Sunburn Drink or one of our partners. Any user who causes damage to our servers or loss of business or otherwise causes interruption from normal service due to violation of this policy will be held liable for those damages or loss of business. The definition of Spam or Spamming includes, but is not limited to, any of the following:

  • Sending any email or fax with a Sunburn Drink trademark or web site address or the trademarks or web site addresses of any of our partners as an advertisement to anyone as part of an initial contact.

  • Sending any email or fax with a Sunburn Drink trademark or web site address or the trademarks or web site addresses of any of our partners to anyone that has not requested this information from you first.

  • Sending any email or fax with a Sunburn Drink trademark or web site address or the trademarks or web site addresses of any of our partners to any type of "Safe List" or through any type of "Safe List" service.

  • Sending any email or fax with a Sunburn Drink trademark or web site address or the trademarks or web site addresses of any of our partners as part of an email that is sent as a result of a posting to a classified ad site or guest book or Links site.

Spam and Advertising Policy

Sunburn Drink has a zero tolerance Spam policy. Any user who sends Spam emails using an Sunburn Drink trademark or web site address or the trademarks or web site addresses of any of our partners may be immediately terminated from any or all online services provided by Sunburn Drink or one of our partners.

Any user who causes damage to our servers or loss of business or otherwise causes interruption from normal service due to violation of this policy will be held liable for those damages or loss of business.

The following constitute the definition of Spam or Spamming:

  • Sending any email or fax with a Sunburn Drink trademark or web site address or the trademarks or web site addresses of any of our partners as an advertisement to anyone as part of an initial contact.

  • Sending any email or fax with a Sunburn Drink trademark or web site address or the trademarks or web site addresses of any of our partners to anyone that has not requested this information from you first.

  • Sending any email or fax with a Sunburn Drink trademark or web site address or the trademarks or web site addresses of any of our partners to any type of "Safe List" or through any type of "Safe List" service.

  • Sending any email or fax with a Sunburn Drink trademark or web site address or the trademarks or web site addresses of any of our partners as part of an email that is sent as a result of a posting to a classified ad site or guest book or Links site.

Third Party Content

For your convenience, the SBD sites contain content and information from Sunburn Drink's partners and/or links to partner web sites ("Third Party Content"). Such content is not under the control of Sunburn Drink and Sunburn Drink is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Sunburn Drink is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by Sunburn Drink of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites.

Sunburn Drink is not and will not be responsible for (i) the terms and conditions of any transactions between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Sunburn Drink (and its affiliates, and consequential) of liability of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE AND OUR SUPPLIERS PROVIDE OUR SERVICE, THE SBD SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. (B) SUNBURN DRINK MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SERVICE, THE SBD SITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SUNBURN DRINK AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF SUNBURN DRINK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SBD SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SBD SITE.

Proprietary Rights for SBD Site

Sunburn Drink does not claim ownership of the content you place on any Member SBD site or within any service. By using your Member SBD sites, you grant Sunburn Drink a worldwide, royalty-free non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display your content on and through the SBD sites, and co-branded or mirrored versions of such sites, and in Sunburn Drink’s promotional or advertising materials, and (ii) sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.

Some SBD sites contain copyright material and all proprietary rights in that material remains the property of your member company. Reproduction, redistribution and transmission of any information contained in this SBD site is strictly prohibited save that SBD subscribers may download and reproduce materials from SBD for their own personal use.

Indemnification

You agree to indemnify and hold Sunburn Drink and its, suppliers, affiliates, partners, subsidiaries, employees harmless from any and all claims and demands, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of any information, including but not limited to member information, and your publicly posted information, submitted, posted, or otherwise provided by you to your Member SBD site and/or Sunburn Drink and/or its affiliates.

Copyright

All materials on the SBD sites (as well as the organization and layout of the Sunburn Drink web site) are owned and copyrighted or licensed by Sunburn Drink, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the SBD sites is permitted without the written permission of Sunburn Drink. Any rights not expressly granted herein are reserved.

We respect the intellectual property rights of others and we ask our members to do the same.

Trademarks

Sunburn Drink, SBD sites, the SBD logo, the "Powered by SBD" logo and other Sunburn Drink logos and product and service names are trademarks of Sunburn Drink. Without Sunburn Drink’s prior permission, you agree not to display or use in any manner, the Sunburn Drink Marks.

Modification

Sunburn Drink reserves the rights at any time and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sunburn Drink shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

Sunburn Drink and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to your Member SBD sites. You further agree that Sunburn Drink shall have the right to remove Elements from your member SBD sites, your SBD account, with or without notice to you, at any time at our sole discretion, if we discontinue offering the Element for any reason. You further agree that Sunburn Drink, in its sole discretion, may terminate your password, your member SBD sites, your SBD account or your use of the Service for any reason, including, without limitation, if you breach these Terms of Service, for lack of use, if we are unable to verify or authenticate any information you provided to us, or if Sunburn Drink believes that you have violated or acted inconsistently with the spirit of these Terms of Service. We may also terminate your member SBD sites and/or SBD account if we decide, in our sole discretion, to discontinue offering our services.

General Information

These Terms of Service shall be governed in all respects by the laws of the State of Florida, U.S.A. as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. Both parties submit to exclusive jurisdiction and venue in Florida and further agree that any cause of action arising under these Terms of Service shall be brought in a court in Hillsborough County, Floroda. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service or your rights in your member SBD sites, and any attempt to the contrary is void. These Terms of Service sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The services hereunder are offered by Sunburn Drink, located at 13104 N. Dale Mabry Hwy, Suite 534, Tampa, FL 33618.

Violations

Please report any violations of these Terms of Service to info@sunburndrink.com.

Rules Of Etiquette

Please read the following community standards and expectations.

  1. We encourage you to promote your site in ways that facilitate learning, and growth in your organizations.

  2. It is inappropriate to speak offensively, use vulgarity, or reference hateful material as a Host or Attendee of a site within our community. (Note that there are certain types of content, specified in the Terms of Service, that are not permitted in your content at all.)

  3. Our service provides you with unfiltered access to other people's content. We cannot, nor do we try to, control all of the content available from our services. By its very nature, other people's content may be offensive, harmful or inaccurate, and in some cases content will be mislabeled or deceptively labeled. We expect that you will use caution - and common sense - when using our services.

  4. We encourage you to publicize your site, but sending spam or unsolicited e-mail to publicize your site is strictly prohibited. See the Spam Policy for further information.

  5. SBD is a collaborative web site service. If you decide to give another person editing rights for your content, you will be taking complete responsibility for that person's contributions to your content. Therefore, you should clarify in advance with such people your expectations and guidelines for behavior on your site. Of course, they will need to agree to and behave in accordance with the Terms of Service as well.

  6. If you accept editing privileges at content other than your own, you should adhere to the guidelines established by the keeper of that site. Collaboration will not succeed unless everyone works together!

If you see any violations of our Terms of Service, or if you have any problems or concerns, please email info@sunburndrink.com.