TERMS OF USE

Snowday Digital Limited Liability Company, DBA: Snowday, SNWDY, Snowday Digital, Snowday Design (hereinafter referred to as "Snowday Design", "we", "us" or "our"). By accessing or using our website, you agree to be bound by these Terms of Use (the "Agreement"). Please read this Agreement carefully before using our website. If you do not agree to be bound by this Agreement, you may not use our website.

Use of Website

You may use our website for lawful purposes only. You may not use our website:

In any way that violates any applicable federal, state, local, or international law or regulation.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate Snowday Design, a Snowday Design employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our website, or which, as determined by Snowday Design, may harm Snowday Design or users of the website, or expose them to liability.

Intellectual Property

All content on our website, including but not limited to text, graphics, images, logos, button icons, software, and audio clips (collectively "Content"), is the property of Snowday Design or its content suppliers and is protected by United States and international copyright laws. You acknowledge and agree that all intellectual property rights, including but not limited to copyrights, trademarks, and patents, in the Content are owned by Snowday Design or its content suppliers.

You may not reproduce, modify, distribute, display, perform, create derivative works from, or otherwise exploit any of the Content, in whole or in part, without Snowday Design’s prior written consent. In addition, you may not use any Content in connection with any commercial or non-commercial enterprise that is not owned or controlled by you.

You acknowledge and agree that any unauthorized use of the Content may cause irreparable harm to Snowday Design and its content suppliers, and that in the event of any such unauthorized use, Snowday Design and its content suppliers shall have the right to seek injunctive relief and any other available legal remedies.

You agree not to steal or copy any code, words, images, graphics, and/or any other creative aspects of the site. Any such theft or copying shall be a violation of this Agreement and may result in legal action.

User Content

Our website may allow you to post, upload, transmit, or otherwise make available content or materials (collectively, "User Content"). By posting User Content on our website, you grant Snowday Design a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with Snowday Design’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to Snowday Design the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor Snowday Design’s use of the User Content as permitted herein will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Disclaimer of Warranties

The information, products, and services on our website are provided "as is" and without warranties of any kind, either express or implied. Snowday Design disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Snowday Design does not warrant that our website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that our website or the servers that make our website available are free of viruses or other harmful components.

Limitation of Liability

In no event shall Snowday Design, its affiliates, officers, directors, employees, agents, licensors, or suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of our website or the Content, whether based on contract, tort, strict liability, or any other theory, even if Snowday Design has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Snowday Design, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your violation of this Agreement or your use of our website.

Modifications to Agreement

Snowday Design reserves the right to modify this Agreement at any time without prior notice. Your continued use of our website after any modification to this Agreement shall constitute your acceptance of such modification.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. Any dispute arising out of or related to this Agreement or our website shall be brought exclusively in the state or federal courts located in Colorado.

Third-Party Links

Our website may contain links to third-party websites that are not owned or controlled by Snowday Design. Snowday Design has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using our website, you expressly relieve Snowday Design from any and all liability arising from your use of any third-party websites.

Compliance with Laws

You agree to comply with all applicable laws, rules, and regulations in connection with your use of our website.

Termination

Snowday Design reserves the right to terminate this Agreement and/or your access to our website at any time, with or without cause, and with or without notice.

Waiver

The failure of Snowday Design to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Severability

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

Assignment

This Agreement may not be assigned by you without the prior written consent of Snowday Design. Snowday Design may assign this Agreement, in whole or in part, at any time without notice to you.

Headings

The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between you and Snowday Design regarding the use of our website, and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Snowday Design.

By using our website, you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you may not use our website.