1. Acceptance of Terms
The Sandbox provides access to this web site (the “Site”) subject to the acceptance of this User Agreement (“Agreement”) by any person accessing, browsing, or otherwise using The Sandbox Site (“User” or “you”). This Agreement may be updated by The Sandbox from time to time without prior notice to you. The Sandbox encourages you to review this Agreement periodically for any updates or changes. By accessing or using the Site, you agree to be bound by the terms of this Agreement, as revised. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, codes of conduct or other contractual provision as noted. In the event of a conflict between any other agreement, rule, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement please contact The Sandbox at Info@WhatsInYourSandbox.org before using the Site.
2. Disclaimer
The contents of the Site, such as text, graphics, photographs, software and other material (the “Content”), is presented for informational purposes only. The Sandbox will use reasonable efforts to include up-to-date and accurate information in this Site, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the Content provided, including third party information, such as, but not limited to, press releases, articles, or information from third-party web sites linked to or from this Site.
YOU SHOULD NOT RELY ON ANYTHING CONTAINED ON THE SITE TO SUGGEST A COURSE OF TREATMENT FOR ANY MEDICAL CONDITION. THE CONTENT CANNOT SUBSTITUTE FOR CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM, PROMPTLY CONTACT YOUR HEALTH CARE PROVIDER. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE, AVOID OR DELAY VISITING A MEDICAL PROFESSIONAL, OR DEVIATE FROM ANY TREATMENT PROGRAM PRESCRIBED OR OTHERWISE RECOMMENDED TO YOU BY YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. YOU SHOULD READ CAREFULLY ALL PRODUCT PACKAGING.
3. No Endorsement of Links to Other Web Sites
Any links to other sites are provided as merely a convenience to you. This Site may provide links or references to other sites but The Sandbox has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from the content from these other sites. You understand that, except for information, products or services clearly identified as being supplied by The Sandbox, The Sandbox does not operate, control or endorse any information, products or services on the Internet in any way. The Sandbox does not endorse or make any representations about these sites, or any information or other products or materials found on these sites, or any results that may be obtained from using these sites. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
4. Privacy
You agree that you have read and understand the terms of The Sandbox’s privacy policy. You acknowledge that the Site may link to other sites not controlled by The Sandbox and that the collection of your data by these sites is outside the scope of The Sandbox’s control.
5. Use of the Site
You also understand that The Sandbox cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, “Hazards”). You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
6. System Integrity
You may not use any device, software or routine to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site.
7. Acceptable and Lawful Use of Site
Any personal information, computer information, or other information that you provide to The Sandbox in connection with the use of the Site: (a) shall not be obscene or indecent; (b) shall not contain any Hazards; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; and (e) shall not create any liability for The Sandbox or cause The Sandbox to lose (in whole or in part) the services of its Internet Service Provider(s) or other suppliers. Users shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site.
8. RISK: INTERNET USE
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.
9. NO WARRANTIES
THE SANDBOX DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE CONTENT, ANY MERCHANDISE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND THE SANDBOX SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. THE SANDBOX DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
10. Indemnification
You agree to indemnify, defend and hold The Sandbox and its affiliates, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorney’s fees) resulting from (i) your use, misuse or abuse of the Site, or (ii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in The Sandbox’s defense of any claim. The Sandbox reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of The Sandbox.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE SANDBOX OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SANDBOX HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
12. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under United States federal law.
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of North Carolina and of the United States of America located in the State of North Carolina for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the North Carolina Courts and agree not to plead or claim in any North Carolina Court that such litigation brought therein has been brought in an inconvenient forum.
13. Feedback
Should you respond to the Site by providing feedback, such as questions, requests, opinions, comments, suggestions, ideas, or the like, such information shall be deemed to be the property of The Sandbox. The Sandbox shall have no obligation of any kind to the User with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation and without license. “The Sandbox” shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.
Policy Regarding Intellectual Property On This Web Site
The Sandbox respects the Intellectual Property rights of others and requires those that visit our website, use our system for Internet access and e-mail, or obtain other educational or fund-raising information from us to do the same. The Sandbox may, in appropriate circumstances and at its sole discretion, remove or disable access to material on its web site and its e-mail systems that infringes upon its Intellectual Property rights or the rights of others. The Sandbox also may, at its discretion, remove or disable links or references to an on-line location that contains infringing material or infringing activity.
All information and content, including any software available through the Site, (“Content”) is protected by copyright and/or trademark and is owned as Intellectual Property of the owner. All rights are reserved. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes.
Policy Regarding Copyright Materials of Others on this Web site
The Sandbox respects the copyrights of others and does not knowingly infringe upon these rights. However, if you believe that your work has been used on our web site in any manner that constitutes copyright infringement, please notify The Sandbox’s Intellectual Property agent by written notice. The notice should include the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- a description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the Web page address where the copyrighted work may be found;
- identification of the location on our web site of the material you claim has been infringed, or the link or reference to another web site that contains the material you claim has been infringed;
- your name, address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- a statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
Policy Regarding Use of The Sandbox Trademarks
The trademarks, logos, and service marks (“Marks”) displayed on this web site, and related web sites belonging to The Sandbox, including the The Sandbox logo and Get Your Believe On, among others, are registered trademarks of The Sandbox, are the property of The Sandbox, and are protected by U.S. and international trademark laws. Their uses are restricted to those programs and events sponsored by The Sandbox, and The Sandbox trademarks may not be used for personal financial gain.
Use of the Marks is prohibited without the express written consent of The Sandbox except as permitted by applicable laws. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use the Marks without the express written consent of The Sandbox.
At times, The Sandbox, in consultation with legal counsel, may grant limited-use licensing agreements to those individuals or groups who wish to help further the mission of The Sandbox. Solely at the discretion of The Sandbox, limited permission for use of The Sandbox’s Marks may be granted for those projects which provide a substantial benefit to The Sandbox or the communities served.
For consideration, please submit, in writing, a letter of intent, which details how The Sandbox’s Marks will be used, the length of time they will be used, and the benefit of the project to The Sandbox to info@whatsinyoursandobox.org at least 60 days prior to launch. Letters of intent may also be sent to:
The Sandbox Group
9935 D Rea Rd # 107
Charlotte NC 28277
(Mailing Address Only)
