TERMS AND CONDITIONS

This website is controlled and/or maintained by Tsamma® Juice, LLC (“Tsamma®”). By using this website, you agree to be bound by each of the terms and conditions set forth herein and any amendments thereto. Please review these Terms and Conditions from time to time to ensure that you have read and agree with the current policy as it may be amended without notice. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on this website.

All of the terms and conditions found on this Website, including those within these Terms and Conditions, are governed by the laws of the State of Illinois. By entering the Website, you agree to submit to the exclusive jurisdiction of the Wayne County Circuit Court of the State of Illinois or the U.S. District Court for the Southern District of Illinois in the event of any dispute. If any of these Terms and Conditions are held to be invalid, unenforceable, or illegal for any reason, the remaining Terms and Conditions will continue in full force and effect.

BY USING THE SITE, YOU AFFIRM THAT YOU ARE BOTH A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, THE TERRITORY OF PUERTO RICO, OR CANADA AND YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER. YOU ALSO AFFIRM, BY ACCESSING OR USING THE SITE, THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.

Your use of this Website, including accessing or browsing the Website, is deemed to be your acceptance of these Terms and Conditions. If you do not agree to accept these Terms and Conditions without limitation or qualification, please exit the Site and cease all access to and use of the Site regardless of how you access the Site– e.g., whether through the Internet, through Wireless Access Protocol (commonly referred to as ‘WAP’), through a mobile network or otherwise.

CONDUCT

While accessing or using the Website, you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Website to respect the rights and dignity of others. Your access to and use of the Website is conditioned on your compliance with these Terms and Conditions.

You agree not to post, transmit, or otherwise make available, through or in connection with the Website:

Anything that is or may be (a) threatening, abusive, harassing, degrading, hateful or intimidating; (b) false, misleading, defamatory or libelous; (c) fraudulent or tortious; (d) profane, obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
Any material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
Any material that disparages Tsamma® or its promotional partners;
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as ‘phishing,’ ‘email spoofing,’ ‘hacking,’ ‘cracking,’ or ‘phreaking.’
Any computer viruses, ransomware, worms, Trojan horses, rootkits, keyloggers, dialers, spyware, adware, malicious BHOs (Browser Helper objects), rogue security software, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation if, or to monitor the use of, any hardware, software or equipment.
Any unsolicited or unauthorized advertising, promotional material, ‘junk mail,’ ‘spam,’ ‘chain letter,’ ‘pyramid scheme’ or investment opportunity, or any other form of solicitation.
Any material, non-public information about a company without the proper authorization to do so. Tsamma® reserve the right to cooperate with law enforcement authorities or court orders seeking disclosure of identity and other personal information of anyone posting or transmitting any of the information or materials described above.
Use the Website to harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally-identifiable information about users of the Website.
Impersonate any person or entity, including without limitation any Website moderator or any representative of Company or an Affiliated Entity (as defined below); falsely state or otherwise misrepresent your affiliation with any person or 3 entity in connection with the Website; or express or imply that we endorse any statement you make.
Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the Website, including without limitation by hacking or defacing any portion of the Website.
Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without Company’s express prior written consent.
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
Remove any copyright, trademark or other proprietary rights notice from the Website or from materials originating from the Website.
Frame or mirror any part of the Website or any Software or Service without Company’s express prior written consent.
Create a database by systematically downloading and storing Website Content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, ‘scrape,’ ‘data mine’ or in any way gather Website Content or reproduce or circumvent the navigational structure or presentation of the Website. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Website’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly-available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

In the event that Tsamma® becomes aware of any activity that may violate these Terms and Conditions and/or expose Tsamma® to civil or criminal liability, Tsamma® reserves the right to investigate such material, block access to such material and suspend or terminate any features of or content on the Website without liability. Tsamma® also reserves the right to implement technical mechanisms to prevent violations of these Terms and Conditions. Nothing in these Terms and Conditions shall limit in any way Tsamma’s® rights and remedies at law or in equity that may otherwise be available.

DISCLAIMER OF WARRANTIES

Tsamma® assumes no responsibility and shall not be liable for, any damage to, or a virus that may effect, your computer equipment or other property on account of your access to, use of browsing in the Website, or your downloading of any materials provided that we do not limit in any way our liability by law for death or personal injury caused by our sole negligence. You, as the user, must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or any other harmful material (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems. Everything on this Website is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT provided that we do not limit in any way our liability by law for death or personal injury caused by our sole negligence, to the extent permitted by law.

Tsamma® makes no warranty that the Website will meet user’s requirements, that the Website will be uninterrupted, timely, secure, or error free. Users understand and agree that any information or material and/or goods or services obtained through this Website is obtained at the user’s discretion and risk. Your use of this Website is also subject to all other laws and regulations that apply to the Website, the internet, or the World-wide Web.

Tsamma® has not reviewed all of the sites linked to this Website and is not responsible for the content or privacy policies of any off-site pages or any other sites linked to the Website. Tsamma® does not accept any liability or responsibility for any cookies, data, or personal information collected by other link sites accessed through this site, nor the link sites.

INDEMNIFICATION

You agree to defend, indemnify and hold Tsamma® and its subsidiaries, partners, agents, affiliates, licensors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including without limitation, reasonable attorneys’ fees) arising from your breach of your agreements and responsibilities under these Terms and Conditions.

OWNERSHIP OF CONTENT AND INTELLECTUAL PROPERTY

All trademarks are protected from commercial use by third parties. You must not use any registered or unregistered trademarks on the Website without either Tsamma’s® prior written permission or the prior written permission of the relevant trademark owner.

You should assume that everything you see or read on this Website is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions, without Tsamma’s® written permission. Tsamma® does not warranty or represent that your use of materials displayed on the Website will not infringe any rights of third parties.

Images of people or places displayed on this Website are either the property of, or used with permission by Tsamma®. The use of these images by you, or anyone authorized by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, and the laws of privacy and publicity, and communications, regulations and statutes.

This Website and its contents are made available for your personal entertainment, information, and communication only, and all content is provided for your non-commercial use. You may not distribute, modify, transmit, reuse, repost, or use the content of the Website for public or commercial purposes, including, but not limited to, the text, images, audio, and video without Tsamma’s® written permission.

USER-GENERATED CONTENT

Any notes, postings, ideas, suggestions or concepts or other material submitted through this Website via email or any means that Tsamma® may create or provide in the future will become the property of Tsamma® and it shall be entitled (without compensation to any party) to use such material, either commercially or non-commercially, in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that in the event you make a submission to Tsamma: (i) it is original with you and accurate; (ii) it does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and; (iii) you will use commercially reasonable efforts to ensure that any such submission is free from viruses, worms, Trojan horses, or other items of a destructive nature. You further agree not to use the Website, the content or any products or services included on or available through our Website for any unlawful purpose.

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Website by electronic mail or otherwise, will be used by Tsamma® in accordance with the Website’s Privacy Policy. Any other communication or material you transmit to the Website, either directly or indirectly (for example, through the use on a third-party social media site of a Company-designated hashtag), including Submissions, Creations and the like, will be treated as non-confidential and non-proprietary. For purposes of clarity, you acknowledge that any information in a Submission or Creation is public information and will be treated as such. You represent and warrant that any information you provide in connection with your access to or use of the Website is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, or not in compliance with the Rules of Conduct, we may terminate your use of the Website.

Tsamma® has no responsibility for any material or information created, stored, maintained, submitted, transmitted or made accessible on or through the Website by users and is not obligated to monitor or exercise any editorial control over such material.

SERVICES AND SOFTWARE

Tsamma® may provide users of the Website with access to certain specialized content and services, including without limitation games, quizzes, activities, challenges, services, social media and blogging capabilities (such content and services, collectively, the ‘Services’).

Tsamma® may also make available to users of the Website a variety of software tools that can be used to interact with other Website users (the ‘Software’).

When accessing or using any Services or Software, you agree that you are subject to any additional guidelines, rules, terms and conditions posted by us and applicable to such Services or software, which rules, terms and conditions are hereby incorporated by reference into these Terms and Conditions. In addition, you agree that you are subject to any third party’s guidelines, rules, terms and conditions applicable to the posting of Off-Site Submissions and Off-Site Creations (each as defined below).

JURISDICTIONAL ISSUES

The Website is controlled and operated by Tsamma® from the United States, and is not intended to subject Tsamma® or any affiliated entity to the laws or jurisdiction of any territory other than that of the United States. Tsamma does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. Tsamma may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction it chooses, at any time and in its sole discretion. The Software is further subject to United States export controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a ‘terrorist supporting’ country; or (b) on any of the U.S. government lists of restricted end users. The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions.

MISCELLANEOUS

These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Tsamma®. Tsamma® may assign these Terms and Conditions, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms and Conditions or any or all of your rights or obligations under these Terms and Conditions without Tsamma’s® express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any 7 heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms and Conditions, together with all policies or rules referred to herein, is the entire agreement between you and Tsamma relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Tsamma®® relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Tsamma® relating to such subject matter. Notices to you may be made via posting to the Website, by email, or by regular mail, in Tsamma’s® discretion. The Website may also provide notices of changes to these Terms and Conditions or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Tsamma will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

PROMOTIONAL RULES

Any sweepstakes, contests, challenges, activities, surveys, or similar promotions made available through the Website may be governed by specific rules that are separate from these Terms and Conditions. By participating in any such sweepstakes, contest, challenge, activity, survey, or promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Company urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms and Conditions, governs any information you submit in connection with such activities.

CONTACT

This Site is operated by Tsamma® Juice, LLC, 111 County Highway 15, Suite A, Keenes, IL 62851.