TERMS OF SERVICE
This is a legal document and creates an Agreement between you, the user, and Summa Dat Que LLC (“Summa Dat Que” or “we”). You must agree to be bound by the terms and conditions presented herein as a condition precedent to using Summa Dat Que Services via the website www.summadatque.com (“Site”).
By visiting our Site, purchasing a product from us, receiving support, and/or submitting digital audio or video content, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
SECTION 1 – BEHAVIOR
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, civil, criminal, regulatory in nature, or copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of the Services.
SECTION 2 – ORDER HOLDS
Summa Dat Que verifies the validity of each and every order. Some orders are flagged based off quantity of products ordered, total order amount, and/or payment information acquired at checkout. This process may delay your order by an unspecified amount of time. In the event that an order is put on hold, Summa Dat Que may attempt to notify you as soon as possible by contacting the e-mail and/or billing phone number provided. If we determine that we cannot notify you using the methods above or have not received notice from you since the order was placed, your order may be cancelled and you will receive notice to the email provided.
SECTION 3 – CANCELLATIONS & REMOVALS
Summa Dat Que may cancel any order on the Site prior to fulfillment, including, but not limited to, orders with pricing errors (especially those of an unconscionable margin), orders with unavailable products, or orders that appear fraudulent. We may also, at its sole discretion, limit or cancel quantities purchased per person, per household or per order. Order cancellations will result in full refunds, and limited quantities will result in refunds for those portions cancelled. In the event that an order is cancelled or partially cancelled, Summa Dat Que may attempt to notify you by contacting the e-mail and/or billing phone number provided.
Summa Dat Que may discontinue and/or remove any product or service provided on the Site at any time without notice to you.
SECTION 4 – INTELLECTUAL PROPERTY
The contents of the Site are protected by United States copyright law and trademark law and various international treaties and agreements. Text, graphics, appearance, visual elements, design, concepts, business models, operational models, databases, collections of links, hyper text markup language (HTML) code, scripts, and all products sold and services offered are protected by United States and International Copyright Laws and Treaties, and may not be copied, published, reengineered, decompiled, translated, mirrored, hosted, or otherwise distributed by any means without explicit written permission of Summa Dat Que.
Trademarks appearing on the Site are protected by law and you cannot use any such trademarks in any fashion without the express written permission of the trademark owner.
Your “right” to use the Site and the Services offered is subject to termination by Summa Dat Que at any time, for any reason, without notice to you.
SECTION 4-A
You hereby grant us a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in whole or in part, as well as your name and other identifying information, including without limitation any social media identifier, handle, profile picture, image, likeness, posts, statements, or other information available or provided by you, in any form, media, or technology, whether now known or hereafter developed in connection with the Summa Dat Que marketing, advertising and promotional activities referred to above.
By making or agreeing to a Submission, you promise the following:
that you are 18 years or older; that if children are depicted in the Submission, you are the parent/guardian with legal responsibility of any minors depicted in the Submission;
that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use their names, images or likenesses, and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission does not infringe or violate the rights of any third parties, including, but not limited to, intellectual property rights, copyrights, trademarks, rights of publicity/privacy, patent, trade secret, or confidentiality obligations.
You acknowledge that Summa Dat Que is not responsible for, and has no liability for, any use of all or any part of a Submission. Summa Dat Que reserves the right, at its sole discretion, to edit any Submission and to choose to include, not include, or remove such Submission from its Website or in any other materials where the Submission may appear.
SECTION 5 – LIABILITY
You agree to hold Summa Dat Que, its employees, directors, officers, investors, partners, affiliates and advertisers harmless and defend from any civil claim of any nature regarding your usage of any of the products or services provided via the Site.
Under no circumstances, including, but not limited to, negligence, shall Summa Dat Que be liable for any special or consequential damages that result from the use of, or the inability to use, the Services offered to you via the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The Services and all information, content, materials, products, and other services included on or otherwise made available to you through our Services are provided by Summa Dat Que on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products, or other services made available through our Services, unless otherwise specified in writing.
SECTION 6 – GOVERNING LAW
This agreement whereby Summa Dat Que provides you with Services, shall be governed by and construed in accordance with the laws of the state of Kansas.
SECTION 7 – CHANGES TO TERMS OF SERVICE
Summa Dat Que reserves the right to update, change, or replace any part of these Terms of Service by posting updates and changes to the Site. We may also change, suspend, or discontinue the services, or any part of them, at any time without notice. Your continued use of or access to the Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Summa Dat Que