Site Term and Conditions

The information on this website is protected by copyright and other intellectual property rights. Copyright © 2012, Sweet Potato Queens Website, LLC. All rights reserved.

 

Welcome to the Zippity Doo Dah® Parade website (“Site”). Any person or entity that wishes to access the Site or to use the services provided on the Site (collectively, the “Services”) must accept the terms and conditions of this User Agreement (“Agreement”), without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SERVICES. BY REGISTERING FOR OR USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Site or Services.

 

The Sweet Potato Queens Website, LLC. (hereinafter “SPQ”) reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time at http://www.zippitydoodahparade.com/site_terms. YOUR CONTINUED USE OF THIS SITE OR THE SERVICES FOLLOWING THE SPQ’s POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

 

Eligibility. Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the generality of the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to SPQ’s that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To register http://sweetpotatoqueens.com/chapters/, for access to certain portions of the Site or Services, you must provide your real name, address, phone number and e-Mail address, along with other information that may be required from time to time. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

 

Fees and Services. Accessing information and certain Services on the Site is free. We may change our fees and credits policy and the fees for our Services from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our Service and the Site and all applicable taxes.

Venue. SPQ’s have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

 

Because we are a venue, in the event that you have a dispute with one or more users, you release SPQ’s (and our officers, directors, agents, subsidiaries, joint ventures, employees, advertisers, sponsors, producers, planners, promoters or beneficiaries) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 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.”

 

Third Party Information. We do not control the information provided by other users that is made available through our system. You may find other users’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe commercial practices when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks. SPQ is not responsible for the acts or omissions of users or third parties on the Site and in no event shall SPQ be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the information.

 

Reservation of Rights. SPQ retains the right, but does not have the obligation, to immediately remove any listing or posting, prevent or restrict access to the Site or the Services or take any other action in case of technical problems, objectionable material, inaccurate listings on any exchange or forum, inappropriately categorized items, exchange or forum inaccuracies, product inaccuracies, unlawful items, items, procedures, or actions otherwise prohibited by the procedures and guidelines contained on the Site, or for any other reason in the sole and absolute discretion of SPQ and to correct any inaccurate listing, forum posting, product inaccuracies, inappropriately categorized items or technical problems on the Site.

 

Compliance with Laws; Fraud. The Site and Services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and Services, including in regard to posting on any Site exchange or forum. You may not register under a false name. You may not post on any Site exchange or forum under a false name, send an e-Mail inquiry to another Site user under a false name, impersonate any participant, or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and SPQ’s will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

 

Breach. Without limiting other remedies, SPQ may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide access to or through our Site or our Services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if SPQ suspects that you (by conviction, settlement, insurance or investigation, or otherwise) have engaged or are engaged in fraudulent activity in connection with the Site; or (c) if SPQ believes that your actions may cause legal liability for you, other SPQ users or SPQ’s.

 

Privacy, Monitoring and Disclosure. SPQ is committed to protecting your privacy. Click here for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. SPQ may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by SPQ’s except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-Mail or spamming, harassment, invasion of privacy, illegal activity, otherwise objectionable conduct or otherwise inconsistent with our privacy policy.

 

Investigation. As permitted by applicable law and consistent with our privacy policy, SPQ has the right, but not the obligation, to monitor any activity and content associated with this Site. SPQ may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the Site, including exchange listings. SPQ reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable in SPQ’s sole discretion.

 

Disclosure of Information. As permitted by applicable law, SPQ also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect SPQ’s systems and users, to allow users to resolve disputes, or to ensure the integrity and operation of SPQ’s business and systems or other purposes deemed reasonable by SPQ, SPQ may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

 

No Warranties. THE SITE AND THE SERVICES AND INFORMATION ARE PROVIDED ON AN "AS IS" BASIS. USERS’ USE OF AND RELIANCE THEREON ARE AT USERS’ OWN AND SOLE RISK. SPQ MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF OFFER, LAWFUL TO SELL, OR THAT WILL PERFORM AS PROMISED; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SPQ.

 

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPQ DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM SPQ OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

SPQ ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION, RECOMMENDATIONS, DESCRIPTIONS, SAFETY NOTATIONS OR OTHER DOCUMENTS WHICH ARE CONTAINED IN, REFERENCED BY OR LINKED TO THIS SITE, INCLUDING, WITHOUT LIMITATION, THAT SUCH INFORMATION IS ALL INCLUSIVE, OR COVERS ANY OR ALL APPLICATIONS OR CONTINGENCIES WITH RESPECT TO ITS USE.

 

General Release. BECAUSE SPQ IS NOT THE SELLER IN TRANSACTIONS BETWEEN BUYERS AND SELLERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE SPQ’s (AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 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.” YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY THE SWEET POTATO QUEENS.

 

Limitation of Liability. SPQ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR SITE WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

 

Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD SPQ AND ITS/THEIR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

 

Governing Law and Jurisdiction. This Site (excluding linked sites) is controlled by SPQ from its offices within the State of Mississippi, United States of America. By accessing this Site, you and SPQ agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Mississippi, without regard to the conflicts of law principles thereof. SPQ makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so of their own initiative and are responsible for compliance with local laws.

 

Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN JACKSON, MISSISSIPPI, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR SPQ MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN JACKSON, MISSISSIPPI, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR SPQ PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

 

Licenses. SPQ grants a limited license to each participant to make personal use only of the Site and the Services in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and/or the Services (other than in accordance with this Agreement), making any derivative of the Site or the Services, the collection and use of participant e-Mail addresses or other participant information, listings, or any data extraction or data mining whatsoever.

 

Termination. SPQ, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current transaction immediately without notice for any reason.

 

Entire Agreement. This Agreement and the general terms, conditions set forth on the Site constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

 

No Agency; Third-Party Beneficiary. SPQ is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of SPQ and you.

 

Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

 

No Waiver. SPQ’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of SPQ’s right to subsequently enforce such provision or any other provisions of this Agreement.

 

Errors. This Site could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of the Site. SPQ may make improvements and/or changes in the Services described in the Site at any time.

 

The Site can be accessed from other countries around the world and may contain references to SPQ’s Services that have not been announced in your country. These references do not imply that SPQ intends to announce such Services in your country.

Except as specifically permitted herein, no portion of the information on the Site may be reproduced in any form or by any means without the prior written permission from SPQ.

 

Use of Site Information. Except as otherwise indicated elsewhere on this Site, you may view, copy, print, and distribute information available on this Site subject to the following conditions:  (1) The information may be used solely for personal, informational, non-commercial purposes; (2) The information may not be modified or altered in any way; (3) Any copy of the information or portion thereof must include the copyright notice above and this permission notice; and (4) SPQ reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from SPQ.

 

Information specified above does not include the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

 

Feedback; Suggestions and Ideas. SPQ does not want to receive confidential or proprietary information from you through the Site or e-Mails to SPQ. SPQ welcomes you to transmit to this website any non-confidential comments or feedback you may have concerning its design or content. You should not, however, transmit to this website any matter (including, for example, product ideas, advertising or marketing concepts) that you do not consider being free for the taking. Please understand that this website is a public website and that any ideas or suggestions transmitted to it and/or though it will be deemed to be non-confidential and in the public domain and therefore free for SPQ to disclose, publish, transmit, broadcast, post, exploit and use for any purpose (including, for example, the development, marketing and manufacturing of products or improvements) without acknowledging or compensating you. SPQ DOES NOT ACCEPT ANY UNSOLICITED PRODUCT IDEAS, ADVERTISING OR MARKETING CONCEPTS.

 

Any non-personal information or material sent to SPQ will be deemed NOT to be confidential. By sending SPQ any non-personal information or material, you grant SPQ an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that SPQ is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

 

Links to Third-Party Web Sites. This website, www.zippitydoodahparade.com, contains links to third-party websites, which are not under the control of SPQ. SPQ makes no representations whatsoever about any other website to which you may have access through SPQ website. When you access a non-SPQ website, you do so at your own risk and SPQ is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. SPQ provides these links merely as a convenience and the inclusion of such links does not imply that SPQ endorses or accepts any responsibility for the content or uses of such web sites.

 

Trademark Information. The trademarks, logos and service marks (“Marks) displayed on this Site are the property of SPQ or other third parties. You are not permitted to use the Marks without the prior written consent of the SPQ’s Intellectual Property Manager, Bad Dog Management, 161 Pembroke Circle, Madison, MS 39110,
Attention: Kyle Jennings, or such third party, which may own the Marks. “SWEET POTATO QUEENS” and “ZIPPITY DOO DAH” are registered trademark of SPQ, SPQ, Inc. and/or Jill Conner Browne.

 

Trademark Rights in Wordmarks and Logos.
 SPQ, Jill Conner Browne, and/or SPQ, Inc. asserts trademark rights in all logos, slogans and wordmarks used in the sale, advertising packaging and promotion of its products and/or services. A non-exhaustive list of the wordmarks in which SPQ, Jill Conner Browne, and/or SPQ, Inc. has obtained or is seeking United States and/or foreign trademark registration includes, but is not limited to the following: SWEET POTATO QUEENS, SWEET POTATO QUEEN, SPQ, WANNABE, WANNABE WANNABE, PANTY REMOVER, ReVIRGINATOR, and ZIPPITY DOO DAH.

 

Trademark Rights and Product Shape and Appearance Features.
 SPQ, Jill Conner Browne, and/or SPQ, Inc. assert trademark rights in the shapes, styles and overall appearances of its costumes. The distinctive shape, style and overall appearance of the Sweet Potato Queens’ costume is a trademark in the United States and applications to register it in other countries are in process.

 

Copyright.
 SPQ product literature, including packaging and package-insert literature, advertising materials, and the contents of this website, are protected under the United States copyright laws and under various international laws and treaties.

 

Trade Dress.
 SPQ, Jill Conner Browne, and/or SPQ, Inc. distinctive packaging scheme, its official stationery, and the logos, color schemes and other appearance features of this website, constitute protected trade dress of SPQ, Jill Conner Browne, and/or SPQ, Inc.