Legal - Summerisbound

Summerisbound is intended for Adult audiences and should only be viewed by
people over the age of 18.

By entering Summerisbound you are declaring that you have read and agreed to
our Terms and Conditions and our Privacy Policy.

The images on the Summerisbound site are intended for individual use only.
Any other use or reproduction, digital or conventional, without the express
written consent of Summerisbound is strictly prohibited. Violators will be
pursued and prosecuted to the fullest extent of the law. All models are 18 and
older.

Terms and Conditions
Privacy Policy

Terms and Conditions

SUMMERISBOUND TERMS OF USE AND SERVICE

INTRODUCTION

Summerisbound provides its services to Users subject to the following terms
of use and service (the “TOS“).

DEFINITIONS

The following definitions apply to the TOS.

The terms “User” means any person or entity that
(a) downloads, attempts to download or otherwise utilizes any uniform resource
locator (“URL“) that resides entirely upon a server
owned or operated by Summerisbound; (b) Transmits electronic mail, files or
other data transmission, information or other matter onto any network owned or
operated by Summerisbound or onto the Site (whether via private Transmission or
public upload posting); (c) is linked to a URL resource owned or operated by Summerisbound;
and (d) contacts, accesses or views Summerisbound or the Site, whether through
the use of any telecommunications network or otherwise. The term User includes
a Subscriber.

The term “Subscriber” means a User who pays a fee
(determined from time to time by Summerisbound in it’s sole discretion) and is
granted access to certain areas of the Site only after successfully completing
login protocols established from time to time by Summerisbound, including
without limitation, through the use of an approved User name and password.

The term “Content” means all data, text,
software, music, sound, photographs, graphics, video, messages or other
information or materials of any kind.

The term “Services” means all resources
(including Content) provided via or available on the Site at any time,
including without limitation, and by way of example only, a User’s ability to
(i) access or view Content, and to login into the Site as a Subscriber and
create or change such Subscriber’s Registration Data (defined below); (ii)
communicate with the Site and other Users via the Site (including without
limitation the ability to download or upload Content or other information or
material, post messages and participate in groups or forums); and (iii) shop or
utilize other available services, including authorizing charges to such User’s
credit or debit card, checking account or telephone invoice in order to make
purchases or pay subscription fees related to the Site.

The term “Site” means the website summerisbound.com

The term ” Summerisbound ” is an assumed business name of SB
Services. Without limiting the foregoing, for the purposes of the TOS, Summerisbound
means SB Services.

The term “Transmit” or “Transmission”
means when a User uploads, posts, e-mails, transmits or otherwise makes
available (directly or indirectly, by act or omission) or communicates any
Content or other information or material to the Site, or through such means
utilizes a Service available on or through the Site.

The term “Pornographic” means still photography
or video footage that contains depictions of bondage acts such as bondage rope,
handcuffing, simulation of capture, and other bondage acts.

ACCEPTANCE OF TERMS

The Services and Content are provided to each User subject to the TOS, which
may be revised, changed, altered or updated from time to time without notice by
Summerisbound, in Summerisbound’s sole discretion. The most current version of
the TOS will always be located and displayed on the Site. The TOS also includes
any other guidelines, rules or notices posted elsewhere on the Site, including,
without limitation and by way of example only, information included in the part
of the Site. When a User accesses or uses any part of the Site, such User agrees
to the terms and conditions of the TOS.

AGE AND LEGAL ACCESS CERTIFICATION

By accessing or using the Site, the User certifies that User is eighteen
(18) years of age or older (21 years of age in certain locales) (and in any
event, User is at least the age of consent (or older) in the jurisdiction from
which the Site is being viewed or accessed); that User is familiar with the
laws in User’s area affecting User’s legal right to access the Site or to
access erotica or adult-oriented materials; that User has the legal right to
such materials and that Summerisbound has the legal right to display or make
such materials available to the User; that the User is requesting such
materials for the User’s own private enjoyment; and, that the User will not, by
action or inaction, directly or indirectly, share such materials with or make
such materials available to a minor in any manner whatsoever.

REGISTRATION OBLIGATIONS AND SECURITY

In consideration of User’s access to or use of the Site (whether as a
Subscriber, guest or otherwise), the User agrees to: (a) provide true,
accurate, current and complete information about the User as prompted by the Summerisbound’s
registration and profile date forms, or any other questionnaire or information
input format, which requests information from or about User, and (b) maintain
and promptly update such information to keep it true, accurate, current and
complete (collectively, such information is sometimes referred to as the
“Registration Data”). Without limiting any other matter contained
herein, a User’s access to or use of the Site may be suspended or terminated
(without cost to Summerisbound and without obligation for reimbursement of any
fees previously paid by a Subscriber to Summerisbound) for such User’s failure
to provide or maintain true, accurate, current and complete Registration Data
as provided in the TOS.

Each Subscriber is responsible for maintaining the confidentiality of any
Subscriber login user name and password (or other identifying information).
Each Subscriber is solely responsible for all activities that occur under the
Subscriber’s login user name or password, and neither the login user name nor
password may be assigned or transferred to any other person or entity,
voluntarily or involuntarily, by operation of law or otherwise, without the
express prior written consent of Summerisbound, which consent may be withheld
in Summerisbound’s sole discretion. Each Subscriber agrees immediately to
notify Summerisbound of any unauthorized use of such Subscriber’s name or
password, and each User agrees immediately to notify Summerisbound of any
unauthorized use any other breach of security with respect to the Site known by
such User.

CONDUCT

User acknowledges and understands that all Content a User Transmits to the
Site, whether publicly posted on the Site or privately Transmitted onto or via
the Site, is not reviewed or pre-screened by Summerisbound and is the sole
responsibility of such User from whom such Content originates or is uploaded.
This means that the User, and not Summerisbound, is responsible for all Content
that the User Transmits onto or via the Site, whether or not displayed
ultimately on the Site. Therefore, Summerisbound does not guarantee the
accuracy, integrity or quality of Content Transmitted to the Site by a User,
nor does Summerisbound make any representation or other warranty with respect
to such Content. Without limitation, and by way of example only, Users may
email to the Site calendar events. Summerisbound does not regularly, and may
not ever, review the accuracy or consistency of such calendar events.

User understands and acknowledges that by viewing, using or accessing the
Site, the User may be exposed to Content that may be considered or deemed
offensive, indecent or objectionable.

User agrees to NOT use the Site to:

Transmit
any Content that is unlawful, harmful, threatening, abusive, pornographic,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of
another’s privacy, hateful or racially, ethnically or otherwise
objectionable;
harm
minors or any person in any way;
impersonate
any person or entity, or falsely state or otherwise misrepresent User’s
affiliation with a person or entity;
forge
headers or otherwise manipulate identifiers in order to diSBuise the
origin of any Content transmitted through the Site;
Transmit
any Content that User does not have a right to Transmit, whether or not
under any law, rule or regulation, or under contractual or fiduciary
relationships;
Transmit
any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
Transmit
any unsolicited or unauthorized advertising, promotional materials,
“junk mail,” “spam,” “chain letters,”
“pyramid schemes” or any other form of solicitation;
Transmit
any material that contains 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;
interfere
with or disrupt the Site or Summerisbound or servers or networks connected
to the Site or Summerisbound, or disobey any requirements, procedures,
policies or regulations of networks connected to the Site or Summerisbound,
or violate any terms contained in the TOS;
“stalk”
or otherwise harass another; or
collect or
store personal data about Users other than User.
download
Content except as otherwise permitted under the TOS.

User acknowledges that (i) Summerisbound or its designee has the right (but
not the obligation) in its sole discretion to refuse, move or delete any
Content that is Transmitted onto or made available via the Site, and (ii) that
a User’s Transmission of Content to the Site or Summerisbound does not imply
any promise or covenant on behalf of Summerisbound that such Content will be
displayed, nor does it imply any promise or covenant (except with respect to
information submitted by a User necessary to process User authorized credit or
debit card or checking account payment transactions (which will be handled by Summerisbound
in accordance with the security provisions contained in our Privacy Policy))
that such Content will not be displayed or made publicly available on the Site
or intercepted or read by someone other than the intended recipient.

Under no circumstances will Summerisbound be liable or responsible in any
manner for any Content that Summerisbound posts to the Site, including without
limitation, any errors or omissions in any Content, or for any loss or damage
of any kind incurred as a result of the use of or reliance upon any such
Content. User agrees that User must evaluate, and bear all risks associated
with the use of or access to any Content, including Content posted to the Site
by Summerisbound.

User acknowledges and agrees that Summerisbound may preserve Content and may
also disclose Content (including without limitation, Registration Data) if
required to do so by law or if Summerisbound believes that such preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the TOS; (c) respond to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property or personal safety of the
Site or Summerisbound, its Users or the public.

User understands that the technical processing and Transmission of the
Services or Content, may involve (a) transmission over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks
or devices.

User agrees not to (and User agrees User has no right to) reproduce,
duplicate, copy, sell, resell or exploit for any purposes, any portion of the
Site (including, without limitation, the Services or Content contained on the
Site).

INTERNATIONAL USE

User agrees to comply with all local rules regarding online conduct and
acceptable Content. Specifically, User agrees to comply with applicable laws
regarding the transmission of technical data exported from the United States or
the country in which the User resides.

CONTENT SUBMISSIONS AND USE GUIDELINES

Except as otherwise provided by separate agreement between a User and Summerisbound,
Summerisbound does not claim ownership of Content Transmitted by a User to the
Site and displayed on the Site. In it sole discretion, Summerisbound may
condition Site display of User Transmitted Content upon such User becoming a
Subscriber.

Notwithstanding the foregoing, a User who successfully Transmits Content to
the Site grants to Summerisbound a perpetual, world-wide, royalty free,
non-exclusive, irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display any or all Content so Transmitted and to incorporate such Content into
other works.

User represents and warrant that with respect to any Content User Transmits,
or causes to be Transmitted, to the Site, Summerisbound has NOT hired,
contracted for, managed or otherwise arranged for the participation of any
performers depicted in such Content.

User acknowledges that Summerisbound may establish general practices and
limits concerning use of the Site. Such practices and limits may include,
without limitation, the maximum number of days that message board postings or
other Transmitted Content will be retained by Summerisbound on the Site, the
maximum number of messages that may be Transmitted on the Site, the maximum
size of any message that may be Transmitted on the Site, the maximum disk space
that will be allotted on the Site’s servers on a User’s behalf and the maximum
number of times (and the maximum duration for which) a User may access the Site
in a given period of time. User agrees that Summerisbound has no responsibility
or liability for the deletion or failure to store any messages and other
communications or other Content maintained on, Transmitted to or downloaded
from the Site. Without limiting any other matter contained herein, User further
acknowledges that Summerisbound reserves the right to change these general
practices and limits at any time, in its sole discretion, and with or without
notice.

CUSTODIAN OF RECORDS

Without limiting any other matter contained herein, User represents and
warrants that with respect to any Content a User has produced and Transmits to
the Site which contains depictions of nudity or actual sexually explicit
conduct, all persons who appear therein were 18 (eighteen) years of age or
older at the time of the creation of such depictions. Further, such User
represents and warrants that with respect to the depictions described in the
preceding sentence, true, correct and complete records required by 18 USC
Section 2257 have been obtained and will be maintained by User in compliance
with such law and will be provided to Summerisbound promptly upon request by Summerisbound.

With respect to visual depictions of actual sexually explicit conduct
produced by and posted on the Site by Summerisbound (other than depictions
Transmitted by a User as described in the preceding sentence), records required
by 18 USC Section 2257 are kept by the custodian of records, S. Mooney, at SB
Services, Inc. The custodian can be reached electronically at summerisbound@gmail.com.

TRADEMARKS

Summerisbound and the Summerisbound logos are service marks and trademarks
of SB Services. and may be used publicly only with the express prior written
consent and permission of Summerisbound. Other trademarks and service marks
featured on the Site are displayed pursuant to licenses obtained from the
owners or holders of those trademarks and service marks, and may not be used
publicly without the express prior written consent and permission of the owners
or holders of such trademarks and service marks.

COPYRIGHTS

Except for electronic messages, all Content and Services on the Site are
protected by federal copyright laws and are protected under treaty provisions
and worldwide copyright laws. Content contained in any part of the Site may not
be reproduced, copied, edited, published, transmitted, uploaded or downloaded
in any way without the prior written consent and permission of Summerisbound. Summerisbound
does not grant any express or implied right to any third party (including
without limitation Users), under any trademarks, service marks, copyrights or
other proprietary information or rights.

LIMITED LICENSE AND ACCEPTABLE USE

Summerisbound provides the Content and Services on the Site for the
personal, non-commercial use by viewers, fans, visitors, Users, Subscribers or
potential Subscribers of Summerisbound. Users of the Site are granted a single,
personal, non-transferable license to download (on a single computer only) one
copy of any of the Content found on the Site made available for downloading for
personal, non-commercial use only. Summerisbound reserves the right to limit
the amount of Content downloaded. Commercial use or exploitation of the Content
on the Site, or any portion thereof, is strictly prohibited. In addition, Users
of the Site may not: (1) modify any of the Content found in any area of the
Site; (2) use any of the Content found in any area of the Site for any public
display, performance, sale or rental; (3) remove, modify or alter any copyright
or other proprietary notice or trademarks from any of the Content found in any
area of the Site; (4) otherwise Transmit any Content located in any area of the
Site to any other person or entity, including posting to newSBroups or public
forums; (5) rent, lease, loan, sell, distribute or create derivative works
based on the Content or any portion thereof posted on the Site, or the software
or techniques used in connection with the Site; or (6) modify the software and
techniques used in connection with the Site. Summerisbound reserves the right
to terminate this license at any time if a User breaches or violates any
provision of the TOS, in which case such User will be obligated to immediately
destroy any Content information or materials User has downloaded or otherwise
copied from the Site.

Summerisbound reserves all other rights coincident or related to the Site.
The use of download managers, for example Gozilla, Wget, HTTrack, or others –
to download more than one (1) image or movie file at a time, which is available
for download, is strictly prohibited and will result in termination of a Users
right to access any portion of the Site.

DISCLAIMER

SITE CONTENT AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS
AVAILABLE” BASIS. SUMMERISBOUND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A
PARTICULAR PURPOSE. SUMMERISBOUND OFFERS
NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE CONTENT OR SERVICE, CONTINUED
OPERATION OF THE SITE OR PROTECTION FROM DELETION, MISDELIVERY OR FAILURE TO
STORE INFORMATION, INCLUDING USER COMMUNICATIONS AND PERSONALIZATION SETTINGS.
SUMMERISBOUND DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR
SERVICES CONTAINED ON THE SITE. SUMMERISBOUND MAY CHANGE ANY OF THE CONTENT OR
INFORMATION DISPLAYED OR LOCATED OR FOUND AT THE SITE AT ANY TIME WITHOUT
NOTICE. SUMMERISBOUND MAKES NO COMMITMENT TO UPDATE THE CONTENT OR INFORMATION
FOUND AT OR DISPLAYED OR LOCATED OR FOUND ON THE SITE. IN NO EVENT SHALL SUMMERISBOUND
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF
THE USE OR INABILITY TO USE THE SITE OR ITS CONTENT OR SERVICES, EVEN IF SUMMERISBOUND
HAS BEEN ADVISED OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO A USER.

TERMINATION AND ACCESS RESTRICTION

Summerisbound reserves the right, in its sole discretion and without notice
to User, to terminate a User’s access to the Site (or any portion thereof) and
to remove from the Site and discard any Content (including without limitation
Content a User Transmits to the Site). Summerisbound may also terminate or
suspend a User’s access to the Site for inactivity, which is defined as failing
to log into a particular service for an extended period of time, as determined
by Summerisbound, in it sole discretion. In the event of the suspension or
termination of a User’s access to the Site (or any portion thereof), User’s
right to use the Site (or any portion of which User access has been terminated)
and to access any Content or Services contained thereon will immediately cease.
Any such termination or suspension may be implemented without notice to User.

NO SPAM

Summerisbound may, in its discretion, terminate Site access of any User that
Summerisbound believes, in its sole discretion, is Transmitting or is otherwise
connected with any spam or unsolicited bulk e-mail. In the event a User’s
access is terminated for the reason described in the preceding sentence, and
because damages are often difficult to quantify in such circumstances, if
actual damages cannot be reasonably calculated, then User agrees to pay Summerisbound
liquidated damages equal to $5 for each piece of spam or unsolicited bulk
e-mail Transmitted from or otherwise connected with such User’s access to or
use of the Site; otherwise, User agrees to pay Summerisbound actual damages, to
the extent such actual damages can be reasonably calculated. A printed version
of the TOS and any notice given in electronic form shall be admissible in
judicial or administrative proceedings to the same extent as other business
documents and records originally generated and maintained in printed form.

ACCOUNTS ARE NOT INTENDED FOR COMMERCIAL USE

The contact form, comment forms and all areas of member publishing is
intended for personal use only. Members may not use these features to advertise
other websites or products, or solicit members or models on the site for any
commercial endeavors. Summerisbound may, in its discretion, terminate Site
access of any User that Summerisbound believes, in its sole discretion, is
posting or is otherwise connected with any commercial soliciting of models or
members or unsolicited advertising. In the event a User’s access is terminated
for the reason described in the preceding sentence, and because damages are
often difficult to quantify in such circumstances, if actual damages cannot be
reasonably calculated, then User agrees to pay Summerisbound liquidated damages
equal to $25,000 for each instance of solicitation or advertising from or
otherwise connected with such User’s access to or use of the Site; otherwise,
User agrees to pay Summerisbound actual damages, to the extent such actual
damages can be reasonably calculated. A printed version of the TOS and any
notice given in electronic form shall be admissible in judicial or
administrative proceedings to the same extent as other business documents and
records originally generated and maintained in printed form.

LINKS TO THIRD-PARTY SITES

The Site may contain links to sites that are controlled by third parties.
Those linked sites are not controlled by Summerisbound and User acknowledges
that Summerisbound is not responsible for the content of any such linked site
or any link contained in a linked site. Summerisbound provides such links only
as a convenience, and the inclusion of any link does not imply endorsement by Summerisbound of any linked site.

JURISDICTION AND VENUE

This Site is owned and operated by Summerisbound doing business in Rancho
Cucamonga, California. Summerisbound make no representation that any of the
Content or Services available on the Site is appropriate or available for use
in other locations. The TOS is governed and construed by California law,
without regard to conflicts of law provisions. In the event of a dispute
arising out of or relating to the TOS, or a User’s use of or access to the
Site, any suit must be brought in state or federal court in the County of Los
Angeles, State of California and User agrees to submit to the personal and
exclusive jurisdiction of such courts located in such county.

INDEMNIFICATION

Each User indemnifies and holds Summerisbound, and its subsidiaries,
affiliates, officers, directors, shareholders, employees, agents, co-branders
or other partners, harmless from and against any and all demands, claims,
losses or damages, including reasonable attorneys’ fees at trial and on appeal,
related to or arising out of such User’s (i) Transmission of Content to or
through the Site (and whether or not such Content displayed or made available
on the Site), at any time, (ii) use of or access to the Site, (iii) connection
to the Site, (iv) breach of any representation, covenant or warranty contained
in the TOS, or (v) violation of any rights of another.

NOTICES

Notices by Summerisbound to Users may be given by means of electronic
messages or by a general posting on the Site. Notices by Users to Summerisbound
must be given by e-mail at summerisbound@gmail.com. Any question, complaint or
notice to Summerisbound by means of e-mail must be sent to
summerisbound@gmail.com.

SERVICES FOR CUSTOMERS AND MODELS

Summerisbound allows Subscribers to transmit data to various financial
networks and telecommunication networks for settlement. In order to enroll in
such services, the Subscriber must (i) be at least 18 years of age; (ii)
populate every field on every form presented to User with accurate data; (iii)
have a valid e-mail address; and (iv) agree to be bound by the TOS or any other
agreement governing User’s use of the service or particular resource described
in the preceding sentence. User’s failure to populate every field may result in
User’s waiver of certain rights under the TOS or other applicable agreements.

To be paid out through Summerisbound, information such as name, email
address, and banking information will be collected and shared with third
parties. You expressly authorize SB Services.service provider, CC Bill to
originate credit transfers to your financial institution account. The user’s
name, email address, and banking information will be collected and shared with
third parties

Credit/Debit Card Authorization:

By submitting credit or debit card (“Bank Card”) data to Summerisbound,
User authorizes Summerisbound in its sole discretion to submit financial
transactions to such User’s issuing bank for settlement. User agrees that once Summerisbound
has approved or declined the User’s transaction, Summerisbound has fully
performed under the terms of the TOS or other applicable agreements.

Each User who authorizes payment of a recurring charge (including without
limitation subscription fees payable by a Subscriber) by Bank Card agrees to
contact Summerisbound in the event such User desires to cancel any such
recurring charge, all within ten (10) days prior to the next billing cycle.
Should User fail to contact Summerisbound within such time frame, User agrees
to indemnify and hold Summerisbound harmless from any losses or damages that
User suffers as a result of such recurring charge.

If a User believes that there is an error on User’s Bank Card statement
arising from or related to a transaction authorized by User, including an incorrect
amount or unauthorized transaction reflected on User’s Bank Card statement or
transaction summary, User agrees to contact Summerisbound within the time
periods set below. Upon proper notification, Summerisbound, in its sole
discretion, may issue a credit to User’s Bank Card:

United
States Issued Bank Cards– within 120 days of the transaction.
International
Issued Bank Cards– within 180 days of the transaction.

ACH Debit Authorization

By submitting a User’s checking account data to Summerisbound, User
authorizes Summerisbound in its sole discretion to submit financial
transactions to such User’s depository bank for settlement. User agrees that
once Summerisbound has approved or declined the User’s transaction, Summerisbound
has fully performed under the terms of the TOS or other applicable Agreement.

Each User who authorizes payment of a recurring charge (including without
limitation subscription fees payable by a Subscriber) by checking account
agrees to contact Summerisbound in the event such User desires to cancel any
such recurring charge, all within ten (10) days prior to the next billing
cycle. Should User fail to contact Summerisbound within such time frame, User
agrees to indemnify and hold Summerisbound harmless from any losses or damages
that User suffers as a result of such recurring charge.

If a User believes that there is an error on User’s checking account
statement arising from or related to a transaction authorized by User,
including an incorrect amount or unauthorized transaction reflected on User’s
checking account statement or transaction summary, User agrees to contact Summerisbound
within two (2) business days after learning of such error. Upon proper
notification, Summerisbound, in its sole discretion, may issue a credit to
User’s checking account.

Our ACH processor is CC Bill and can be reached at: www.ccbill.com

MISCELLANEOUS

The TOS contains the entire understanding between the User and Summerisbound
regarding the subject matter of the TOS,
superseding all prior or contemporaneous communications, agreements and
understandings between the User and Summerisbound. The TOS is binding on and
inures to the benefit of the parties, their legal representatives, successors
and assigns; provided, however, that neither the TOS, nor any rights granted
hereunder, may be assigned, transferred, conveyed or encumbered by User without
the prior written consent of Summerisbound , which consent may be withheld in Summerisbound’s
sole and arbitrary discretion. If any provision or clause of the TOS, or any
portion thereof, is held by any court or other tribunal of competent
jurisdiction to be illegal, void or unenforceable in such jurisdiction, the
remainder of such provisions shall not thereby be affected and shall be given
full effect, without regard to the invalid portion. The TOS is neither intended
to, nor shall it be construed as creating, a joint venture, partnership or
other form of business association between Summerisbound and any User. If any suit or action is filed
by any party to enforce the TOS or otherwise with respect to the subject matter
of the TOS, the prevailing party shall be entitled to recover reasonable
attorney fees incurred in preparation or in prosecution or defense of such suit
or action as fixed by the trial court, and if any appeal is taken from the
decision of the trial court, reasonable attorney fees as fixed by the appellate
court.

NOTICE OF COPYRIGHT INFRINGEMENT

Summerisbound honors and respects the intellectual property rights of others
and requires that User do the same. As noted above, User may not upload, embed,
post, email, transmit or otherwise make available any Content that infringes
any copyright, trademark, patent, trade secret, publicity, privacy or other
proprietary rights of any entity or person.

Summerisbound operates a clear
Copyright Policy in relation to any Content that is alleged to infringe any
third party’s copyright(s). Summerisbound’s policy is set forth in the Copyright
Policy.

If you assert that any User-posted Content violates your copyright, please
follow the applicable procedures for reporting claims of infringement as
detailed in our Copyright Policy

As part of our Copyright Policy, in appropriate circumstances and at our
sole discretion, Summerisbound will
terminate or disable access of any User determined to be a repeat infringer. Summerisbound
further reserves the right, at our sole
discretion, to terminate or disable the account of any User who infringes the
copyright or other intellectual property rights of third parties, regardless of
whether such User is deemed to be a repeat infringer.

Summerisbound is unable to mediate or resolve trademark disputes between
User and any trademark owner. Summerisbound encourages trademark owners to
resolve any dispute directly with User.

Privacy Policy

SUMMERISBOUND PRIVACY POLICY

INTRODUCTION

Welcome to Summerisbound! Please read our Privacy Policy to understand how
we collect and use the information you send us.

DEFINITIONS

The following definitions apply to the Privacy Policy.

The terms “User” means any
person or entity that (a) downloads, attempts to download or otherwise utilizes
any uniform resource locator (“URL“)
that resides entirely upon a server owned or operated by Summerisbound; (b)
Transmits electronic mail, files or other data transmission, information or
other matter onto any network owned or operated by Summerisbound or onto the
Site (whether via private Transmission or public upload posting); (c) is linked
to a URL resource owned or operated by Summerisbound; and (d) contacts,
accesses or views Summerisbound or the Site, whether through the use of any
telecommunications network or otherwise. The term User includes a Subscriber.

The term “User” means a User creates an account through the www.summerisbound.com website, through the use of an approved User name and password.

The term “Content” means all
data, text, software, music, sound, photographs, graphics, video, messages or
other information or materials of any kind.

The term “Services” means all
resources (including Content) provided via or available on the Site at any
time, including without limitation, and by way of example only, a User’s
ability to (i) access or view Content, and to login into the Site as a
Subscriber and create or change such Subscriber’s Registration Data (defined
below); (ii) communicate with the Site and other Users via the Site (including
without limitation the ability to download or upload Content or other information
or material, post messages and participate in groups or forums); and (iii) shop
or utilize other available services, including authorizing charges to such
User’s credit or debit card, checking account or telephone invoice in order to
make purchases or pay subscription fees related to the Site.

The term “Site” means the website www.summerisbound.com

The term “Summerisbound” is an assumed business name of Summerisbound a sole proprietorship. Without limiting the foregoing, for the purposes of the TOS, Summerisbound refers to the
business Summerisbound.

The term “Transmit” or “Transmission” means when a User uploads, posts, e-mails, transmits or otherwise makes available (directly or indirectly, by act or omission) or
communicates any Content or other information or material to the Site, or
through such means utilizes a Service available on or through the Site.

PRIVACY POLICY

What kind of information does Summerisbound collect?

Summerisbound receives and stores information a User sends to us.

When a User registers an account on the Site, Summerisbound obtains and
retains the Registration Data.

When a User requests pages from the Site’s server, the Site Web server
automatically collects some information about such User, including the User’s
IP addresses.

Summerisbound collects information regarding a User’s use of the Site
through the use of cookies.

If a User sends the Site or Summerisbound personal correspondence, such as
e-mails or letters, Summerisbound may collect such information in a file
specific to that User. Summerisbound may maintain a record or notes of
communications with a User regarding use of or access to the Site, and that
compilation of records or notes may include information Summerisbound receives
from other sources.

All of the information listed in the preceding sentences of this paragraph
is sometimes referred to as “Customer Information”.

Who sees a User’s Customer Information?

Summerisbound does not distribute, rent or sell Customer Information to
third parties, other than (i) with the User’s consent (including, for example,
when a User Transmits for public display on the Site Customer Information, or a
portion thereof) or (ii) as otherwise permitted by the TOS.

Can I access or control the Information stored by Summerisbound?

You may contact us at any time via summerisbound@gmail.com
and request any of the following:

A copy of
the information we have on file about you
Change/correct
any data we have on you
Have us
delete any personal data we have on you
Express
any concern you have about our use of your data

How does Summerisbound use Customer Information?

Summerisbound uses Customer Information as necessary to facilitate a User’s
viewing of the Site and to communicate with the User. Summerisbound also uses
Customer Information to compile broad demographic and Site usage information
about the Site Users, for its internal business use, but such compilations
generally do not contain anything that could be used to identify a User
personally. A User will not receive any e-mail from Summerisbound unless the
User has requested it and a User can indicate at any time that the User does
not wish to receive e-mails information from Summerisbound.

How secure is a User’s Customer Information?

Summerisbound takes reasonable precautions to maintain the security of
Customer Information. When you submit sensitive information via the website,
your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that
information is encrypted and transmitted to us in a secure way. You can verify
this by looking for a closed lock icon at the bottom of your web browser, or
looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online,
we also protect your information offline. Only employees who need the
information to perform a specific job (e.g, billing or customer service) are
granted access to personally identifiable information. The computers/servers on
which we store personally identifiable information are kept in a secure
environment.

Summerisbound may buy other businesses or sell portions of its own business,
and Customer Information may be a transferred asset, subject to any then
existing Privacy Notice.

The site’s advertisers may engage in the collection of non-personally
identifiable information about end users by third parties through the use of
cookies and pixel tags; Users are able to opt out of behavioral targeting
through the opt-out link located at http://www.networkadvertising.org/managing/opt_out.asp;
and Summerisbound are participating in the Digital Advertising Alliance’s (DAA)
Self-Regulatory Program for Online Behavioral Advertising, with the provision
an “Ad Choices” link on your site or within advertising units that
links to http://www.aboutads.info/choices/.

The site may integrate software from third parties for security purposes
(such as, but not limited to, Google reCAPTCHA), that collect information about
users which may be subject to those third parties’ own Privacy Policies.
Information collected by reCAPTCHA is held in accordance with the Google Privacy Policy.

Do Not Track Browser Setting:

At this time, Summerisbound does NOT follow the DNT setting.

Your Payment information:

Summerisbound itself does not process credit cards, and does
not collect or store complete credit card information. We rely on trusted
third-party payment processors, providers, and gateways to process transactions
for our website. We do not have access to your complete credit card
information.

To be paid by Summerisbound

To be paid out through Summerisbound, information such as
name, email address, and banking information will be collected and shared with
third parties. You expressly authorize Summerisbound service provider, CC Bill,
to originate credit transfers to your financial institution account. The user’s
name, email address, and banking information will be collected and shared with
third parties.

Changes to this Privacy Policy:

Summerisbound reserves its right, at its sole and absolute
discretion, to revise, amend, modify or revoke this Privacy Policy at any time
and in any manner to the fullest extent permitted by law. Changes to any part
of this Policy will be effective by posting revisions directly to this Privacy
Policy.

If you have any questions about the Privacy Policy, please email summerisbound@gmail.com
Effective date: August 30, 2019