Terms of Use & Policies

Date of Last Revision: July 22, 2009

TERMS OF USE AND POLICIES

This Statement of Rights and Responsibilities ("Statement") governs our relationship with users and others who interact with The Frozen Sand Glass. By using or accessing The Frozen Sand Glass, you agree to this Statement.

Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on The Frozen Sand Glass. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.
Sharing Your Content and Information
You own all of the content and information you post on The Frozen Sand Glass community, and you can control how we share your content through yourcommunity settings. In order for us to use certain types of content and provide you with The Frozen Sand Glass, you agree to the following:
1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and community settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with The Frozen Sand Glass ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. We always appreciate your feedback or other suggestions about The Frozen Sand Glass, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Safety
We do our best to keep The Frozen Sand Glass safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).
2. You will not collect users' information, or otherwise access The Frozen Sand Glass, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not upload viruses or other malicious code.
4. You will not solicit login information or access an account belonging to someone else.
5. You will not bully, intimidate, or harass any user.
6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
7. You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
8. You will not use The Frozen Sand Glass to do anything unlawful, misleading, malicious, or discriminatory.
9. You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
The Frozen Sand Glass users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on The Frozen Sand Glass, or create an account for anyone other than yourself without permission.
2. You will not use The Frozen Sand Glass if you are under 13.
3. You will not use The Frozen Sand Glass if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
4. You will not use The Frozen Sand Glass if you are a convicted sex offender.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our written permission.
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on The Frozen Sand Glass that infringes someone else's rights or otherwise violates the law.
2. We can remove any content you post on The Frozen Sand Glass if we believe that it violates this Statement.
3. We will provide you with tools to help you protect your intellectual property rights.
4. If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including The Frozen Sand Glass, the The Frozen Sand Glass Logos) without our written permission.
7. If you collect information from users, you will: obtain their consent, make it clear you (and not The Frozen Sand Glass) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
8. You will not post anyone's identification documents or sensitive financial information on The Frozen Sand Glass.
Mobile
1. We currently provide our mobile services for free (as part of your normal subscription fees), but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
Payments
If you subscribe to The Frozen Sand Glass you agree to our Payments Terms. The Frozen Sand Glass is a subscription based site containing original copyrighted material, buy subscribing and gaining access to this content you acknowledge that we have a NO REFUND policy.
Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or The Frozen Sand Glass in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions or your content on The Frozen Sand Glass, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3. WE TRY TO KEEP The Frozen Sand Glass UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING The Frozen Sand Glass "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT The Frozen Sand Glass WILL BE SAFE OR SECURE. The Frozen Sand Glass IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR The Frozen Sand Glass, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR The Frozen Sand Glass WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. 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. IN SUCH CASES, The Frozen Sand Glass'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Definitions
1. By "The Frozen Sand Glass" we mean the features and services we make available, including through (a) our website at www.TheFrozenSandGlass.com and any other The Frozen Sand Glass branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
2. By "us," "we" and "our" we mean The Frozen Sand Glass and/or its affiliates.
3. By "content" we mean the content and information you post on The Frozen Sand Glass, including information about you and the actions you take.
4. By "post" we mean post on The Frozen Sand Glass or otherwise make available to us.
5. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
Other
1. This Statement makes up the entire agreement between the parties regarding The Frozen Sand Glass, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a waiver.
4. Any amendment to or waiver of this Statement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Agreement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.

SUBSCRIPTIONS

The Frozen Sand Glass reserves the right to make any changes to these Terms and Conditions at any time. The Client is bound to the changes in these Terms and Conditions as long as the Client's subscription is active. Any violation of these Terms and Conditions will jeopardize the Client's future use of the Service, and, upon any such violation, the Client's account will be subject to immediate suspension or termination.

ANTI-SPAM POLICY

This Anti-Spam Policy Notice governs the use of the web page at and its associated services, web pages, domains and sub-domains, which are owned and operated by The Frozen Sand Glass("Owner"). Wherever this Notice refers to "users" it means "you", while "we" or "our" refer to The Frozen Sand Glass and "Web Site" refers to www.thefrozensandglass.com.

This sets forth our policy with regard to the use of "Spam" marketing techniques in connection with Internet Marketing. In the event that we deem you to be in violation of these policies, we shall immediately revoke your rights and close any active account.

We have a strict policy against spamming. We forbid the sending of unsolicited mass Emails or unsolicited Emails of any kind in connection with the marketing of our programs, products and services.

We reserve the right to terminate your account and participation in our programs "for cause" if we deem you to be in violation of our anti-spamming policies. We also reserve the right to suspend your account and participation pending review upon receipt of any complaint or other evidence that you may be engaging in any spamming activity.

We consider spamming to be any activity whereby you directly or indirectly transmit email messages to any email address that has not solicited such email and does not consent to such transmission. We also consider spamming to constitute posting advertisements in newsgroups in violation of the terms of participation in such newsgroup, that are off topic, or in newsgroups that do not specifically permit advertisements. We also consider it spamming when advertisements are placed on message boards or in chat rooms when they are not permitted by the terms of participation in such message boards and chat rooms.

If you are "spammed" by anyone regarding our products, services, web site, or any other matters, please report this activity to The Frozen Sand Glass.

PRIVACY POLICY

The Frozen Sand Glass's Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share, and help you make informed decisions when using The Frozen Sand Glass, located at www.TheFrozenSandGlass.com and its directly associated domains (collectively, "The Frozen Sand Glass" or "Website")

By using or accessing The Frozen Sand Glass, you are accepting the practices described in this Privacy Policy.

The Information We Collect

When you visit The Frozen Sand Glass you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Web Site use information collected by us as you interact with our Web Site.

When you register with The Frozen Sand Glass, you provide us with certain personal information, such as your name, your email address, your telephone number, your address, your gender, schools attended and any other personal or preference information that you provide to us.

When you enter The Frozen Sand Glass, we collect your browser type and IP address. This information is gathered for all The Frozen Sand Glass visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to The Frozen Sand Glass. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.

When you use The Frozen Sand Glass, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, set up events, add applications, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.

You post User Content (as defined in the The Frozen Sand Glass Terms of Use) on the Site at your own risk. Although we allow you to set privacy options that limit access to your pages, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.

Any improper collection or misuse of information provided on The Frozen Sand Glass is a violation of the The Frozen Sand Glass Terms of Service and should be reported.

If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We will send your friend an email or instant message in your name inviting him or her to visit the site, and may send up to two reminders to them.

By using The Frozen Sand Glass, you are consenting to have your personal data transferred to and processed in the United States.

Children Under Age 13

The Frozen Sand Glass does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for The Frozen Sand Glass or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on The Frozen Sand Glass. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.

Children Between the Ages of 13 and 18

We recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet.

Use of Information Obtained by The Frozen Sand Glass

When you register with The Frozen Sand Glass, you create your own profile and privacy settings. Your profile information, as well as your name, email and photo, are displayed to people in the networks specified in your privacy settings to enable you to connect with people on The Frozen Sand Glass. We may occasionally use your name and email address to send you notifications regarding new services offered by The Frozen Sand Glass that we think you may find valuable.

Profile information is used by The Frozen Sand Glass primarily to be presented back to and edited by you when you access the service and to be presented to others permitted to view that information by your privacy settings. In some cases where your privacy settings permit it (e.g., posting to your wall), other The Frozen Sand Glass users may be able to supplement your profile.

Profile information you submit to The Frozen Sand Glass will be available to users of The Frozen Sand Glass who belong to at least one of the networks you allow to access the information through your privacy settings (e.g., school, geography, friends of friends). Your name, network names, and profile picture thumbnail will be available in search results across the The Frozen Sand Glass network and those limited pieces of information may be made available to third party search engines. This is primarily so your friends can find you and send a friend request. People who see your name in searches, however, will not be able to access your profile information unless they have a relationship to you (friend, friend of friend, member of your networks, etc.) that allows such access based on your privacy settings.

The Frozen Sand Glass may send you service-related announcements from time to time through the general operation of the service. For instance, if a friend sends you a new message, or someone posts on your wall, you may receive an email alerting you to that fact.

Generally, you may opt out of such emails, though The Frozen Sand Glass reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.

Links

The Frozen Sand Glass may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by The Frozen Sand Glass.

Changing or Removing Information

Access and control over most personal information on The Frozen Sand Glass is readily available through the profile editing tools. The Frozen Sand Glass users may modify or delete any of their profile information at any time by logging into their account. Information will be updated immediately. Individuals who wish to deactivate their The Frozen Sand Glass account may do so on the My Account page. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to members of The Frozen Sand Glass.

Where you make use of the communication features of the service to share information with other individuals on The Frozen Sand Glass, however, (e.g., sending a personal message to another The Frozen Sand Glass user) you generally cannot remove such communications.

Security

The Frozen Sand Glass takes appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall. When you enter sensitive information (such as credit card number or your password), we encrypt that information using secure socket layer technology (SSL). (To learn more about SSL, go to http://en.wikipedia.org/wiki/Secure_Sockets_Layer). Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. If you have any questions about the security of The Frozen Sand Glass Web Site, please contact us.

Terms of Use, Notices and Revisions

Your use of The Frozen Sand Glass, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them and will indicate at the top of this page the policy's new effective date. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.

Contacting the Web Site

If you have any questions about this privacy policy, please visit our contact page.