Terms and Conditions
TERMS OF SERVICE: LAST MODIFIED JUNE 5, 2014
Terms & Conditions of Use
SDMLive.com is a division of Aye Money Promotions & Publishing, LLC and Mocy Music Publishing, LLC. SDMLive.com is incorporated in the United States and is a division of Aye Money Promotions & Publishing, LLC and Mocy Music Publishing, LLC., a US-based Company. We are located at the following address:
Aye Money Promotions & Publishing, LLC.
and Mocy Music Publishing, LLC
21700 Greenfield Rd
Oak Park, MI 48237
By using this website, you accept to the following Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS AGREEMENT IS MADE BY AND BETWEEN YOU (OR, IF YOU ARE PARTICIPATING ON BEHALF OF YOUR ORGANIZATION, YOUR ORGANIZATION) (“YOU”) AND SDMLIVE.COM. BY CLICKING “I ACCEPT” OR ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU ARE PARTICIPATING ON BEHALF OF YOUR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE WEBSITE.
SDMLIVE.COM MAY UPDATE THESE TERMS OF SERVICE FROM TIME TO TIME. BY ACCESSING OR USING THIS WEBSITE AFTER THESE TERMS OF SERVICE HAVE BEEN UPDATED AND POSTED, YOU AGREE TO BE BOUND BY THE UPDATED TERMS OF SERVICE.
SDMLive.com will not be held responsible for the content added, nor actions of, Raffle Managers, Ticket Sellers, Ticket Buyers, Organizations (each as defined below), or other users of its service. You understand that all raffle postings are the sole responsibility of the Raffle Manager. We do not and cannot assure the accuracy, truth, or quality of the listings on SDMLive.com.
“Organization” means the school, team, association, group or other organization for which a raffle on the website is organized.
“Raffle Manager” means the person organizing a raffle on the website on behalf and with consent of an Organization.
“Ticket Buyer” means any person who buys a raffle ticket through the website.
“Ticket Seller” means any person sells a raffle ticket through the website.
Other Governing Documents
License for Access and Use of Website
SDMLive.com grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal use of this website, but not to download (other than where explicitly allowed), or modify it, or any portion of it, including images, text, or other elements, except with express written consent of SDMLive.com. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information; or any use of data mining, robots, screen-scraping, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any template, trademark, logo, or other proprietary information (including text, page layout, images, or form) of SDMLive.com without the express written consent of SDMLive.com. You may not use any meta tags nor any other “hidden text” utilizing SDMLive.com or its affiliates’ names or trademarks without the express written consent of SDMLive.com. In the event that you violate these Terms of Service, all rights granted to you under these Terms of Service shall be terminated immediately, with or without notice, and SDMLive.com, in its sole discretion, may remove and discard Your Content (as defined below).
Organizing and Participating in Raffles
SDMLIVE.COM DOES NOT SERVE AS THE ORGANIZER, SPONSOR, ENDORSER, PROMOTER, OPERATOR, ADMINISTRATOR, CONTROLLER OR MANAGER OF ANY RAFFLE ON THE WEBSITE. Raffles on the website are organized, sponsored, endorsed, promoted, operated, administered, controlled and managed by Raffle Managers and/or Organizations. By organizing a raffle on the website, each Raffle Manager represents and warrants that he or she has obtained all necessary rights and permissions from the relevant Organization for Raffle Manager to organize the raffle for that Organization.
IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR ACTIVITIES ON THE WEBSITE COMPLY WITH ALL APPLICABLE LAWS RELATING TO RAFFLES, INCLUDING, BUT NOT LIMITED TO, ANY LAWS RELATING TO THE SALE, PURCHASE OR PROMOTION OF RAFFLE TICKETS ON THE INTERNET.
ALL RAFFLES LISTED ON THE WEBSITE AND FOR WHICH TICKETS ARE BEING SOLD ONLINE MUST INCLUDE AN ALTERNATIVE MEANS OF ENTRY WHEREBY AN INDIVIDUAL MAY SEND A REQUEST BY MAIL FOR AT LEAST ONE FREE ENTRY IN THE RAFFLE.
FOR USERS AND ORGANIZATIONS IN MICHIGAN: Michigan law prohibits the sale of raffle ticket over the internet. Therefore, you cannot use the website to purchase or sell raffle tickets if you reside in Michigan or are an Organization based in Michigan. If you choose to list a raffle on the website for offline sale of raffle tickets, your raffle listing must: (a) advise that Michigan law prohibits the sale of raffle tickets over the internet; (b) specify the name of the Organization offering the raffle; and (c) include all raffle terms.
If gambling is a problem for you or someone in your family, dial 1-800-GAMBLER.
Ownership of Intellectual Property
As between you and Raffled River, SDMLive.com and its licensors own the copyright and all other rights to all content and materials on this website, except with respect to Your Content (as defined below). We also do not permit copying or distribution of material on this website for any commercial or business use. No photography, filming, broadcast, alteration or modification of the pages or elements within the pages of this website is permitted. Subject to this paragraph, all rights in material on this website are reserved to SDMLive.com.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been made available through this website in a way that constitutes copyright infringement, please provide SDMLive.com’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within this website; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. SDMLive.com’s Agent for Notice of Copyright Claims can be reached as follows:
Aye Money Promotions & Publishing, LLC.
and Mocy Music Publishing, LLC
21700 Greenfield Rd
Oak Park, MI 48237
Phone: (586) 646-8505
Linking to Our Website
We welcome ‘hot links’ and deep-links to our website, by which we mean that you may include a link to any page of our website. You may not display the contents of our website (or any page from it) or allow it to be displayed, surrounded, or framed or otherwise surrounded by material not originating from us without our express written consent. If you would like to license our material, please email us at: firstname.lastname@example.org.
Links to Other Websites
On this website, you may be offered automatic links to other websites. While we hope you will be interested in those websites, you acknowledge that the content on those pages is not subject to our control, their owners may be independent from us, and we do not endorse or accept any responsibility for their content or activities.
We will use reasonable endeavors to ensure that the website does not contain or promulgate any viruses or other malicious code. However, we cannot guarantee that the website will be free of all viruses and other malicious code. SDMLive.com recommends that you should virus check all materials downloaded from the website and regularly check for the presence of viruses and other malicious code.
The following are trademarks or tradenames and the trade dress of SDMLive.com or its parent or sister companies and which may be registered in certain jurisdictions:
You may not use this trademark or tradename or trade dress unless explicitly permitted by SDMLive.com.
Before purchasing tickets to a raffle, it is your responsibility to carefully review all aspects of the raffle (dates, pricing, charges, etc.). We will not issue any refunds or exchanges because you failed to review this information and will not issue any refunds for any lost, stolen, destroyed, or damaged tickets. It is the sole responsibility of the Raffle Manager to issue all refunds and Ticket Buyers must request refunds from the Raffle Manager. All disputes regarding refunds and other issues relating to raffle sales are between the Raffle Manager and Ticket Buyer, and SDMLive.com will not be responsible or liable.
All disputes regarding chargebacks and refunds are solely between the Raffle Manager and the Ticket Buyer. SDMLive.com will not be responsible or liable in any way for chargeback disputes or refunds in connection with the Ticket Buyer’s use of the services.
Payment Processing Information
After examination of several online payment services, we feel that Stripe is the most beneficial to our users due to their reliability, security, and ease of use. If you, as Raffle Manager, use Stripe, collections are made by you directly. While Stripe is a great online payment service provider, please note that they are independent of SDMLive.com and we make no guarantee for their actions, performance, or lack thereof.
Compliance with Laws
Certain federal, state, county, and municipal (city) laws may regulate the sale or purchase of tickets to raffles. It is your responsibility as a Raffle Manager and/or Ticket Buyer, and/or, in general as user of the SDMLive.com site to comply with all applicable laws and regulations. SDMLive.com will NOT be responsible for any user’s failure to comply with applicable law. Succinctly: void where prohibited by law.
On certain parts of this website, we ask you to register and provide certain information about yourself. By providing this data you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Account Data”) and (b) maintain and promptly update the Account Data to keep it true, accurate, current and complete.
Our use of Account Data and certain other information about you is subject to our Private Policy.
Your Username and Password
The registration processes on this website will involve you being allocated with a unique username and/or password that gives you access to your account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your account. You agree to (a) immediately notify us if you become aware of any unauthorized use of your password or website account or any other breach of security by sending an appropriately worded email to email@example.com and (b) ensure that you exit from your website account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
User Submitted Content
If you send any text, images, documents, audio, video or other content to this website (“Your Content”) you represent and warrant that the content sent, and all rights therein, do not infringe on any intellectual property or other rights of any other party, and you have all right and permissions necessary to submit such content, and if requested, you can make available proof of such rights and permissions. We may require you to confirm the rights granted in this paragraph and where requested to do so you shall provide all reasonable assistance to us.
Before posting any content or organizing any raffle on behalf of an Organization, you represent and warrant that you have all necessary permissions from that Organization to post the content and/or organize the raffle.
SDMLive.com does not claim ownership of Your Content. However, you grant SDMLive.com and its service providers a worldwide, non-exclusive, royalty-free, fully-paid-up license to use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform and publicly display Your Content in connection with the website.
Rules of Acceptable Use
All content is the sole responsibility of the person from whom such content originated. Content must be for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. You may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We make no representation or warranty as to the accuracy or completeness of content. Use of the website that is inconsistent with stated purposes is strictly prohibited.
While we do not pre-screen submissions placed on an organization’s public page, we do have the right (but not the obligation) at our sole discretion to review, edit, move or delete any material submitted. SDMLive.com accepts no responsibility for any statements, material, or other submissions placed on our site by you or any third party, or for any loss or damage resulting from your breach of these Terms of Service.
In using the website, you shall not:
- Post any material (including contact details, last names, telephone numbers, street addresses or other identifying information of private individuals or public figures) which compromises the privacy or security of anyone.
- Post any material that may encourage criminal conduct or which may give rise to criminal or civil liability, or which is otherwise unlawful.
- Post any material belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it.
- Post any material where the use of such materials as contemplated by these Terms of Service by SDMLive.com, or any third party licensed or permitted by SDMLive.com, will give rise to any third party claims.
- Post any links where those links take users to an unlawful site.
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- Harm minors in any way.
- Facilitate gambling, gaming, lotteries, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles for the purpose of fundraising activities for nonprofits, clubs, schools, associations, etc. conducted in a manner that complies in all respects with SDMLive.com Raffles Guidelines.
- Impersonate any person or entity, including, but not limited to, a SDMLive.com representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website.
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity.
- Upload, post, email, transmit or otherwise make available any content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the website and other goods and services being sold or provided in conjunction with such events.
- Host a raffle where one or more of the raffle prizes include explosives, knives, firearms, or other weaponry.
- Upload, post, email, transmit or otherwise make available any content 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 or to otherwise interact with the website in a manner not permitted by these Terms of Service or expressly authorized in writing by SDMLive.com.
- Interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies or regulations of networks connected to the website.
- Intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission or any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.).
- Create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from this website except where expressly permitted on the website.
- Transmit or re-circulate any material obtained from this website to any third party except in the case of raffles you are hosting.
- Remove the copyright, trademark or other proprietary notice(s) from any copies of any material made in accordance with these terms.
- Disseminate electronic templates or products, except as explicitly permitted.
- Disseminate or encourage the dissemination of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation using any means.
You agree not to use the website where prohibited by law.
Removal of Content
We make no assurances that we will actively view, edit or pre-screen any user content added and therefore you cannot assume that we are responsible for having made it available on the website. We, and others that we designate, shall have the right (but not the obligation) at our sole discretion to refuse or remove any content that is posted to, or available on, the website generally without the need to give any reasons for doing so.
No Resale of Service
You agree not to reproduce, copy, or resell any portion of the service for any commercial purposes. You agree that you are authorized only to view the site for your own personal use.
No Use by Minors
This website is not directed to children under the age of 13 and we do NOT knowingly collect personally identifiable information from children under the age of 13 as part of the website, nor do we knowingly distribute such information to third parties.
We make reasonable efforts to screen users who wish to provide personally identifiable information in order to prevent users under the age of 13 from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of 13, we will take the appropriate steps to delete such information from our records.
In addition, you may only be a Raffle Manager if you are 18 years or older. We accept no liability if you misrepresent your age in order to access this website
You agree to indemnify SDMLive.com, its associated company, Aye Money Promotions & Publishing, LLC and Mocy Music Publishing, LLC., and its representatives and employees from any and all claims and liabilities (including legal fees) which arise from content, including events, you add to site or otherwise from your breach of our Rules of Acceptable Use.
You agree to indemnify and hold SDMLive.com and its parents, subsidiaries, affiliates, officers, directors, employees, agents, partners and licensors (collectively, “SDMLive.com Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or arising out of your: (a) access to or use of the website; (b) violation of these Terms of Service or any law, rule or regulation; or (c) violation of any rights of another party.
DISCLAIMER OF WARRANTIES
YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SDMLIVE.COM PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SDMLIVE.COM PARTIES MAKE NO WARRANTY THAT: (a) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (b) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SDMLIVE.COM PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE SDMLIVE.COM PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL SDMLIVE.COM’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OF SERVICE OR YOUR ACCESS TO OR USE OF THE WEBSITE EXCEED THE AMOUNT PAID BY YOU TO SDMLIVE.COM FOR ACCESS TO OR USE OF THE WEBSITE. CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Modifications to Website
SDMLive.com reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, this website (or any portion thereof) with or without notice. You agree that SDMLive.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website (or any portion thereof).
Variation of These Terms of Service
SDMLive.com reserves the right to vary these Terms of Service from time to time. Such variations become effective immediately upon the posting of the varied Terms of Service on the website. By continuing to use the website you will be deemed to accept such variations.
Governing Law and Jurisdiction
These Terms of Service and your access to and use of the website shall be governed by and construed and enforced in accordance with the laws of the United States of America and the State of Michigan, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Service. The parties agree that any action, proceeding, controversy or claim between them arising out of or relating to these Terms of Service or your access to or use of the website (collectively, an “Action”) shall be brought only in the United States District Court for the District of Michigan in Billings, or if federal jurisdiction is not available, in a court of competent jurisdiction in Gallatin County, Michigan. Each party hereby irrevocably submits to the personal jurisdiction and venue of such courts and waives any objection on the grounds of venue, forum non-conveniens or any similar grounds with respect to any Action.
These Terms of Service constitute the entire agreement between you and SDMLive.com concerning your access to and use of the Program. They supersede any prior or contemporaneous agreements between you and SDMLive.com with respect to such subject matter. The failure of SDMLive.com to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service shall be held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms of Service.
© Copyright 2016 SDMLive.com a division of Aye Money Promotions & Publishing, LLC and Mocy Music Publishing, LLC. All rights reserved.