Terms of Use

Welcome to SFYRB.com, a website operated by Snacks for Your Right Brain, Inc. (“SFYRB,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website at sfyrb.com, our mobile site, and any other websites, applications, or online services we operate (collectively, the “Site”).

By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Site.

Updates to These Terms
We may modify these Terms from time to time in our sole discretion. We will notify you of any material changes by posting the updated Terms on the Site. Your continued use of the Site after any such updates constitutes your binding acceptance of the revised Terms. Therefore, we encourage you to review these Terms periodically.

Eligibility
The Site is intended solely for users who are 13 years of age or older. If you are under 13, you are not permitted to use the Site or submit any information to SFYRB.

User Accounts
Some features of the Site may require you to register and create a user account. You are responsible for maintaining the confidentiality of your account credentials and restricting access to your account. You agree to accept responsibility for all activities that occur under your account.

User Submissions
The Site allows users to submit creative writing, short stories, and other content (“User Submissions”). By submitting content to the Site, you grant SFYRB a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, publicly display, and publicly perform the User Submissions in connection with operating and providing the Site and our affiliated services.

You represent and warrant that you own or have secured all necessary rights to the User Submissions, and that use of the User Submissions by SFYRB will not infringe or violate any third-party rights.

SFYRB reserves the right, but not the obligation, to review, monitor, display, reject, or remove any User Submissions at any time and for any reason, in our sole discretion and without notice to you.

Community Guidelines
When participating in our online community forums, comment threads, and other interactive areas on the Site, you agree to comply with our Community Guidelines. You may not submit any content or engage in any behavior that:

• Is unlawful, threatening, abusive, defamatory, invasive of privacy, or violates the rights of any third party
• Contains explicit or graphic descriptions of violence or sexuality
• Promotes discrimination, hatred, or harm against any individual or group
• Is spam, a solicitation, or advertisement
• Discloses personal information about another person without consent
• Impersonates any person or entity, or misrepresents your affiliation
• Infringes or violates any intellectual property or other proprietary rights

SFYRB has the right, but not the obligation, to monitor and enforce these Community Guidelines in our sole discretion.

Intellectual Property Rights
The Site and all of its content, including text, images, graphics, videos, software, and other elements (“SFYRB Content”) are protected by copyright, trademark, and other intellectual property laws. SFYRB owns the SFYRB Content or has obtained all necessary rights for use of the SFYRB Content on the Site.

Except for User Submissions, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any SFYRB Content without our prior written consent.

The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of SFYRB or third parties. You may not use the Marks without prior written permission from SFYRB or the respective third-party owner.

Any unauthorized use of the SFYRB Content or Marks may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Third-Party Sites and Services
The Site may contain links to third-party websites, resources, advertisers, or services that are not owned or controlled by SFYRB. SFYRB does not endorse and is not responsible or liable for the availability, accuracy, content, products, or services on or available from such third-party sites or resources. You acknowledge and agree that SFYRB shall not be responsible or liable for any damage or loss caused by or in connection with your use of or reliance on any such third-party sites or services.

Your interactions with third parties found on or through the Site, including payment providers, are solely between you and the third party. You agree that SFYRB is not responsible or liable for any loss or damage incurred as a result of any dealings with third parties or their sites, services, or advertisers, or for any terms and conditions or privacy policies governing such third-party interactions.

Disclaimers
THE SITE AND ALL SFYRB CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SFYRB DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

SFYRB DOES NOT WARRANT THAT THE SITE OR SFYRB CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SFYRB ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT ON THE SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ANY SFYRB CONTENT IS AT YOUR OWN RISK. SFYRB SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR ANY SFYRB CONTENT.

Limitation of Liability
IN NO EVENT SHALL SFYRB, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT SOURCES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY SFYRB CONTENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF SFYRB, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT SOURCES ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY SFYRB CONTENT EXCEED ONE HUNDRED US DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
You agree to defend, indemnify, and hold SFYRB, its affiliates, directors, officers, employees, contractors, agents, partners, suppliers, and content sources harmless from any and all claims, losses, liabilities, damages, costs, and expenses (including attorneys’ fees) arising from or relating to: (i) your use or misuse of the Site or any SFYRB Content; (ii) User Submissions or other content you submit, post, or transmit to the Site; (iii) your violation of these Terms of Use or any applicable laws or regulations; or (iv) your violation of any rights of any third party.

Termination
SFYRB reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Site and the related services, or any part thereof, at any time and for any reason without prior notice or liability. SFYRB also reserves the right to change, suspend, or discontinue all or any part of the Site or its services at any time without prior notice or liability.

Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. Any dispute arising out of or related to these Terms or your use of the Site shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”) according to its Commercial Arbitration Rules. The arbitration proceedings shall be conducted before a single neutral arbitrator in San Francisco, California. The arbitrator’s award shall be final and binding upon the parties.

Notwithstanding the foregoing, either party may seek interim or temporary injunctive relief in any court of competent jurisdiction to protect urgent interests or to enforce intellectual property rights until the matter can be resolved through arbitration.

Class Action Waiver
You agree that any arbitration between you and SFYRB will be conducted on an individual basis and not on a class, consolidated, or representative basis. You further agree that you may bring claims against SFYRB only in your individual capacity and not as a plaintiff or class member in any purported class action, consolidated, or representative proceeding.

General Provisions
These Terms and any applicable Additional Terms constitute the entire agreement between you and SFYRB regarding your access to and use of the Site and supersede any prior or contemporaneous agreements, representations, or understandings regarding such subject matter.

If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason, that provision shall be struck out from these Terms and the remaining provisions shall be enforced to the fullest extent permitted by law.

SFYRB’s failure to enforce any provision of these Terms shall not constitute a waiver of SFYRB’s right to enforce such provision or any other provision of these Terms.

These Terms are personal to you and may not be assigned or transferred by you without SFYRB’s prior written consent. SFYRB may freely assign these Terms and any of its rights or obligations hereunder.

No third-party beneficiaries are created by these Terms. The parties are independent contractors, not partners or agents of each other.

Except as explicitly stated herein, these Terms do not create any right or cause of action for any third party.

Questions or Concerns
If you have any questions, comments, or concerns regarding these Terms or the Site, please contact us at info @ sfyrb.com

Last Updated: March 23, 2024