Terms of Use

Updated: April 26, 2010

Welcome to Unclip.com. This site is maintained by Unclip LLC (“Us,” “We,” “Our” or “Unclip”) as a service to Our customers. By using this site, you (“You”) agree to comply with and be bound by the following terms and conditions of use, which govern Our online services, any content or information on Our site, any subdomains of Unclip.com and any other website pages on which services are provided by Us (the “Site” or “Unclip.com”). Please review these terms and conditions carefully; You should not use the Site if You do not agree to abide by these terms and conditions.

The following conditions apply to the use of the Unclip.com site and Unclip.com services:

Acceptance of Terms.
These Terms of Use (the “Terms of Use” or the “Agreement”) specify the terms and conditions for access to and use of the Site and describe the terms and conditions applicable to Your access of and use of the Site. This Agreement may be modified at any time by Us, without notice, and any updates to the Terms of Use are effective immediately upon posting. You can view the most recent version of these terms at any time at http://www.unclip.com/terms. Each time You use the Site, You shall be deemed to have unconditionally accepted these Terms of Use. You agree that the laws of the state of Nevada, without regard to conflicts of laws provisions will govern these Terms of Use and any dispute that may arise between You and Unclip LLC or its affiliates.

Intended Audience.
This site is intended for use by adult individuals over the age of 13 and to use the Site, You must be legally competent to enter into a binding agreement.

Limited Use.
Unclip LLC grants You a limited, revocable, nonexclusive license to use this site solely for Your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. Your use of the Site is at Our discretion and We may terminate Your use of this website at any time and for any reason.

Compliance with Laws.
By using this site You agree not to copy materials on the site, reverse engineer or break into the site, or use Site materials, products or services in violation of any law. You agree not to disrupt the functioning of the Site, the Unclip.com system or otherwise act in a way that interferes with other users’ use of the Site. You agree to comply with all applicable laws regarding Your use of the website. You further agreed that any information provided by You through submissions made on the Site is truthful and accurate to the best of Your knowledge.

Cookies.
We may also allow advertisers and other third parties to place cookies onto Your computer when You visit this website. A “cookie” is a small text file that contains a string of letters, numbers and characters. Internet browsers store “persistent cookies” in a folder on Your computer where they remain until the cookies expire or You delete them. The cookies placed by advertisers and other third parties are used to keep track of the web searches You make while visiting this website, as well as Your web surfing behavior on this website and other websites You may visit. That information is used to show You advertisements tailored to Your interests on this and other websites, and/or to keep track of Your response to each ad.

Third Party and User Submitted Content.
By submitting any content to or though or posting any content on the Site You thereby grant to Us an irrevocable, perpetual, world-wide, royalty-free right to this content and the right to create derivative works there from. The Site and its associated merchants are not responsible for the accuracy of user submitted content. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content on the Site originating with or otherwise provided by third parties.

Links.
The Site provides links to other World Wide Web sites or resources. Some links on this website are redirected to advertiser websites via internal and external tracking systems. We do not control these sites and resources, do not endorse them, and are not in any way responsible for any aspects of those sites, including their availability, content, accuracy, legality or delivery of services. By using the Site You waive any claim resulting from Your exposure to material on or through the Site that is offensive, indecent, or otherwise objectionable. You must abide by the terms and conditions and age restrictions, and agree to the privacy policies applicable to any site linked to the Site.

Prohibition Against Commercial Use.
Use of this website for any purpose other than private, non-commercial purposes is prohibited. In particular, the use of any software, “bot” or automated system to extract or mine data from the Site for the display on any other website (“screen scraping”) is strictly prohibited.

Copyright
Our Site is protected by law. Copyrights and other intellectual property created by Us and / or published on the Site include the layout, appearance and visual design of the Site, the underlying Code, and the processes by which We present information on the Site. The reproduction of any form or any part of the Site is prohibited without our prior written consent. This prohibition applies both to public or private use and to all unauthorized uses or reproductions. We do not permit the reproduction, transmission, or storage of our Site content on any other website or by or through any other form of electronic retrieval.

If You have been advised or believe that Your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that You claim has been infringed; (c) A description of where the material that You claim is infringing is located on the Site; (d) Your address, telephone number, and e-mail address; (e) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site is Kenneth Graham, who can be reached as follows:
by mail: Kenneth Graham, Agent for Notice of Copyright Claims, Unclip LLC, [525 Communication Circle, Colorado Springs, CO 80905]
by phone:719-649-1811;
or by e-mail: ken@unclip.com.

Trademarks
Unclip.com™ and TasteTest™ and other marks are trademarks or registered trademarks of Unclip LLC. Other product and company names mentioned on Unclip.com may be trademarks of their respective owners.

Ownership.
All content included and posted on this site is and shall continue to be the property of Unclip LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary laws. Any copying, redistribution, use or publication by You of any such content or any part of the Site is strictly prohibited, except as expressly permitted in these Terms of Use or the Unclip.com Contest Terms and Conditions. Unclip.com users do not acquire any ownership rights or other interests in any content by or through the use of this site.

Merchants.
Store merchants may at any stage revoke objectionable content displayed on the site simply by contacting us in writing at Unclip LLC, [525 Communication Circle, Colorado Springs, CO 80905] or via e-mail at ken@unclip.com. To be honored, submissions requesting the revocation of content must contain the specific content, where that content appears on the Site, the address, telephone number, and e-mail address and full name of the contact person at the merchant handling the revocation request and a statement that the revocation request has been authorized by the merchant.

Privacy.
The use of Unclip.com is also governed by our Privacy Policy. Our complete Privacy Policy is available at http://www.unclip.com/privacy. We do not sell or share Your personal information. Please see our Privacy Policy for further information and details.

Severability.
If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

Termination.
Unclip LLC may terminate these Terms of Use at any time, with or without notice, for any reason.

Waiver, Disclaimer, Indemnification and Limitation on Liability.
By using the Site You waive any claim related to the inclusion, exclusion, placement, or removal of any content in the Site directory or posted anywhere on the Site and You grant to Us a non-exclusive, royalty-free license to use, publish, copy, edit, modify, or create derivative works from Your submission(s) to the Site.

The information on the Site is provided on an “AS IS,” and “AS AVAILABLE” basis. By using the Site You agree that Your use of the Site is at Your sole risk. We disclaim all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of: Merchantability, fitness for a particular purpose, and non-infringement. To the extent that Your jurisdiction does not allow limitations on warranties, this limitation may not apply to You. Your sole and exclusive remedy relating to Your use of the Site shall be to discontinue using the site.

By using the Site, You agree to indemnify, defend and hold Us and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to Your violation of these Terms of Use or use of the Site and You will indemnify Unclip LLC, Unclip.com, and their subsidiaries, affiliates, officers, agents, and employees against any claim or demand, including reasonable attorneys’ fees, related in any way to Your use of or conduct on the Site.

Under no circumstances will Unclip LLC be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lots profits, litigation or the like), special, exemplary, punitive or other damages, under any legal theory, arising out of or in any way relating to the Site, Your use of the Site, or the content on the Site, even if We or any third party is advised of the possibility of such damages. Your sole and exclusive remedy for dissatisfaction with the Site and/or its content is to cease all of Your use of the Site. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to You, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to You.

Gift Certificates and Prizes.
We retain the right to revoke any gift certificate or prize awarded through any Site TasteTest™ or other challenge. For complete rules governing any particular Site TasteTest™ or other challenge, please refer to the rules and regulations posted in connection with and governing each such challenge.

Updated: May 9, 2010

Introduction.
Unclip.com in association with Sierra Trading Post ("Sponsors") are offering the Online Contest ("Taste Test"). NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING. Taste Test may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Taste Test is governed exclusively by the laws of the United States. You are not authorized to participate in the Taste Test if you are not located within the 50 United States or the District of Columbia.

Eligibility.
Entrant must be a legal a resident of the [fifty (50)] United States and the District of Columbia, who is 13 or older as of Sunday, May 9, 2010. Employees of Sponsors, their respective parents, subsidiaries, affiliates, advertising and promotion agencies and their family/household members (defined as parents, spouse, children, siblings, grandparents) are not eligible to enter. Void outside the fifty United States and the District of Columbia, and where prohibited, taxed, or restricted by law. All federal, state and/or local rules and regulations apply.

Start and End Dates.
Taste Test begins at 10:00:01 a.m. E.T. on Monday, May 10, 2010 and ends at 11:59:59 p.m. E.T. on Sunday, May 16, 2010.

How To Enter.
Visit http://unclip.com/tastetests, register for an account, and fill in required Taste Test entry information. Limit one entry per person, per email address. More than one entry from any person or e-mail address will void all entries from that person or e-mail address. Entrants must have a valid email address. No automated entry devices and/or programs permitted. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt by Sponsor.

Drawing.
Winners will be selected by Sierra Trading Post and Unclip.com based on the quality of the Taste Test submission from all eligible entries received on or about Sunday, May 16, 2010, by Sponsors, whose decisions are final and binding in all matters relating to the Taste Test. Odds of winning depend on the number of eligible entries received. Potential winners will be notified by e-mail on Monday, May 17, 2010. Each entrant selected as a potential winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements.

Prizes.
The following prize will be awarded: One $100 gift certificate to Sierra Trading Post. Total Retail Value of Prize: $100.00. Sponsors make no warranties with regard to the prizes. Prizes are as described; no cash alternative will be given. Prizes are not transferable. No substitutions of prize allowed by winner, but Sponsors reserve the right to substitute a prize of equal or greater value due to prize unavailability. Prizes are not redeemable by winner for cash value. All taxes, fees and surcharges on prizes are the sole responsibility of winner.

Affidavit of Eligibility/Release.
The winner will be required to execute an Affidavit of Eligibility. If winner is a minor (under 18, or under 19 in Alabama and Nebraska), prize will be awarded to minor’s parent or legal guardian, who must sign and return all required documents. If the winner cannot be contacted within one (1) calendar day of first notification attempt, if prize or prize notification is returned as undeliverable, if winner rejects his/her prize or in the event of noncompliance with these Taste Test rules and requirements, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. [Limit one prize per person or household].

Conditions.
By participating, entrants, and winner agree to release and hold harmless Sponsors, and their respective parent companies, subsidiaries, affiliates, advertising and promotions agencies, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Taste Test, or possession, acceptance and/or use or misuse of prize or participation in any Taste Test-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.

Miscellaneous .
All entries become the sole property of Sponsors and none will be returned. In the event of a dispute, entries made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The "authorized account holder" is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If for any reason the Taste Test is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Taste Test, Sponsors reserve the right in their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Taste Test. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsors on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Taste Test. Sponsor may prohibit an entrant from participating in the Taste Test or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Taste Test by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE TASTE TEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE(S) THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Use of Data.
Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at http://unclip.com/privacy-policy. By participating in the Taste Test, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

Sponsors.
The Sponsors of this Taste Test are Unclip.com in association with Sierra Trading Post whose addresses are: 525 Communication Circle, Colorado Springs, CO 80905 and 5025 Campstool Rd, Cheyenne, WY 82007-1898 respectively.