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THOR’S SKYR, INC. WEBSITE TERMS AND CONDITIONS Last Revised: 5. june, 2023. Please Read Carefully and Check Periodically For Changes
1. Acceptance of Use.
Your access to and use of this website (the “Website”) is subject to theseTerms and Conditions of Use (“Terms and Conditions”) and all applicable laws. The Website is operated by Thor’s Skyr, Inc. (“Thor’s Skyr,” “we,”“us,” or “our”) from its offices within the United States. Thor’sSkyr makes no representation that content, materials or information made available on or accessed through the Website are appropriate or available for use in other locations outside of the United States, and access to them from territories where their contents are illegal as prohibited. Thor’s Skyr may change or modify these Terms and Conditions, in whole or in part, at any time by updating this posting without prior notice or liability to users. By accessing, browsing and/or using the Website, including all content, materials and information made available on or accessed through the Website all users (“User(s)”or “you”) including any “Registered User”(which means that you have registered with Thor’s Skyr, if applicable), you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions and to comply with all applicable laws.
If you do not agree with these Terms and Conditions, you may not access, use, or print materials from the Website. Any violation of the Terms and Conditions results in automatic termination of your right to access, use or print materials from the Website requiring that you immediately destroy any copies made of any portion of the Contents (as defined below).
2. Intellectual Property Ownership.
The contents of the Website, including all of the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information),photographs, illustrations, videos, audio, code, data, trademarks, service marks, taglines, slogans, trade names, and any other materials, information, and other content of the Website, including any Submissions (as defined below), and any of the foregoing sent byYou by e-mail or other means (collectively, the “Contents”) and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto are proprietary to Thor’s Skyr, and owned by Thor’s Skyr under bothUnited States and international laws.
Use of the Website by you does not grant you ownership, including but not limited to, by implication, estoppel or otherwise, to any of the Contents. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written consent of authorized personnel of Thor’s Skyr, its licensors or otherwise applicable rights holders.
The Contents shall not be used in connection with products and/or services that are not related to, associated with, or sponsored by their respective rights holders or that otherwise are likely to cause customer confusion, or in any manner that disparages or discredits their respective rights holders. Your misuse, including but not limited to, any unauthorized use of the Contents displayed on the Website and/or on the Contents is strictly prohibited.
YOU SHALL NOT USE THOR’S SKYR’S NAME, TRADEMARKS, OR LOGO IN ANY FORM OF PUBLICITY OR PROMOTIONAL OR ADVERTISING MATERIAL, OR IN ANY COMMUNICATIONS WITH ANY THIRD-PARTY, INCLUDING, WITHOUT LIMITATION, THE MEDIA, WITHOUT THOR’S SKYR’S PRIOR WRITTEN CONSENT TO THE SPECIFIC CONTEMPLATED USE. THOR’S SKYR DOES NOT ENDORSE, RECOMMEND OR APPROVE ANY PRODUCTS AND/OR SERVICES THAT MAY BE DISPLAYED ON THE WEBSITE.
3. Limited License for Viewing.
Subject to your compliance with these Terms and Conditions, you may access and view the Contents on the Website on your computer or other device. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, any other Contents that are made available or accessed through the Website with their own license terms, conditions and notices shall be governed by such terms, conditions and notices.
Thor’s Skyr does not grant you any express or implied rights or license under any patents, trademarks, copyrights or other proprietary or intellectual property rights owned by Thor’s Skyr. You may not mirror the Website or any of the Contents on another website and/or in any other media.
Any other commercial or promotional distribution, publishing or exploitation of theWebsite or any of the Contents is strictly prohibited without the express prior written consent and permission from authorized personal of Thor’s Skyr, which consent and permission may be withheld or denied by Thor’s Skyr for any or no reason at its sole discretion. Other than as expressly set forth herein, you may not download, post, display, publish, copy reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Website or any of the Contents. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the Contents, including without limitation, the alteration or removal of any trademarks, trade name, logos, service marks or any other proprietary content or proprietary rights notices. You acknowledge that you shall not acquire any ownership rights by downloading any Contents made available to or accessed through the Website.
4. Copyright Notice.
The Contents may not be downloaded, recopied, republished, reproduced, transmitted or otherwise redistributed thereafter. Thor’s Skyr in no way represents or warrants that your use of the Contents does not infringe the rights of third parties.
The Contents and any other information published by Thor’s Skyr on the Website are copyrighted and are protected under United States and international copyright laws. Thor’s Skyr owns all right, title and interest to the Contents and all material and information on the Website. Any misuse of the Contents, information and material on the Website is expressly prohibited and may violate copy right law, trademark law, the law of defamation, the law of privacy and publicity, communications regulations and statutes, or any other applicable laws. All Contents and features are subject to change or modification without notice. All rights not expressly granted herein are reserved to Thor’s Skyr.
Please be advised that Thor’s Skyr actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
5. User Registration and Login Representations.
Registration and/or login may be required, among other things, to access certain portions of our Website, to make certain submissions and to obtain certain information or materials from Thor’s Skyr such as special offers, coupons, and promotional materials.
You may also opt to become a Registered User for purposes of facilitating our provision of certain information (including certain Personal Information as defined below) that may be required in order to enter promotions hosted and/or sponsored/co-sponsored by Thor’s Skyr.
Individuals under the age of Eighteen (18) years old are not permitted to register on theWebsite or use any functionality for which registration is required. By registering, you represent and warrant to Thor’s Skyr that: (i) you are at least Eighteen (18) years of age and the age of majority in your state as of the time you registered as a Registered User; (ii) all information provided by you to Thor’s Skyr during the registration process is truthful, accurate, and complete;(iii) you will comply with all terms and conditions of these Terms andConditions; and (iv) you will not use the Website, any of the Contents, or any other materials or information contained herein for any purpose except as expressly provided by these Terms and Conditions.
As a Registered User, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete. Thor’s Skyr may terminate your access to the Website (or any portions thereof) at its sole discretion for any reason whatsoever, including, but not limited to, if any of the information provided is found to be inaccurate, false, out of date or incomplete, for violating these Terms and Conditions, and/or any applicable law, without prior notice or liability.
5. Nutrition and Health Suggestion.
Any and all Contents pertaining to general nutrition, fitness, conditioning and health are for informational purposes only and are not intended for (and should be construed as or be a substitute for) professional medical advice, diagnosis or treatment. Thor’s Skyr is not engaged in rendering medical advice or services. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition and prior to undertaking a new diet or exercise program or regimen. Advance consultation with your physician or other qualified health care provider is particularly important for anyone under Eighteen (18) years of age, pregnant, breastfeeding or with health problems. Never disregard professional medical advice or delay in seeking it because of something you have read, listened or watched on or accessed through the Website or any accompanying Thor’s Skyr promotional materials (including, but not limited to, any Thor’s Skyr social media accounts or emails).
Neither Thor’s Skyr, the Website, or the Contents recommend or endorse any specific tests, physicians, products, procedures, opinions, courses of treatment or therapy or other information on or associated with the Website and/or the Contents. You should always consult your own qualified health care professional concerning your particular circumstances and needs and not rely on the Website or the Contents.
7. User Submissions.
Thor’s Skyr shall become the sole owner of any information or material a user transmits, posts, or uploads to or through the Website by any means, including, without limitation, by electronic mail, similar discussion forums, blogs, wiki pages or otherwise (the “Submissions”), whether or not Submissions are requested by Thor’s Skyr or not.
By making a Submission to or through the Website, you hereby automatically grant to Thor’s Skyr, sole and exclusive ownership over all intellectual property contained in such Submission and all information contained in such Submission in any media or medium, including, but not limited to, any form, format, forum, reproduction, disclosure, transmission, publication, broadcast, or posting now known or hereafter developed. Furthermore, Thor’s Skyr is free to use any ideas, concepts, know-how, or techniques in any Submission that you send to Thor’s Skyr, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products.
You acknowledge that you are responsible for all information you send to Thor’s Skyr through the Website. You warrant and represent that you shall not transmit post or upload to or through the Website any Submission that is, in whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or bashing, aimed at gender, race, color sexual orientation, national origin, religious views, or disability, or otherwise unlawful, or that violates or infringes on the privacy, publicity, intellectual property, proprietary, or contractual rights of any third party, or any other material or information that constitutes a crime, gives rise to a civil action or otherwise violates any law or confidentiality agreement. Thor’s Skyr has no obligation to review or in any way acknowledge the receipt of any Submission, and Thor’s Skyr reserves the right to refuse to post or respond to any such action, and may take any appropriate legal action.
You further warrant and represent that to the extent you transmit, post or upload to or through the Website any Submission that constitutes a review, a testimonial and/or an endorsement of a product and/or service, you will clearly and conspicuously disclose the material connections you share with the seller, manufacturer, distributor or owner of the product and/or service, including disclosing the fact that you are being paid to promote or review the product and/or service or from any links within your Submission whenever that is the case, based on your review, testimonial and/or endorsement on your own independent evaluation of the product and/or service, not pass along misleading or unsubstantiated advertiser claims, and otherwise comply with applicable laws.
Thor’s Skyr does not represent or warrant the truthfulness, accuracy or reliability of any Contents, material or information contained in any Submissions made to or through the Website by users or endorse any statements, representations, or opinions contained in any Submissions made to or through the Website. Your reliance on content, information, material, statements, representations or opinions contained in any Submissions made to or through the Site by any user shall be at your own risk. Thor’s Skyr will not be responsible for any loss, however arising, from use of or reliance on any such Submission. Any product, claim, statistic, quote or other representation about a product and/or service contained in a Submission should be verified with the applicable manufacturer or provider.
Thor’s Skyr is not responsible for screening or monitoring Submissions made to or through the Website by users. If notified by a user of any Submissions made to the Website allegedly in violation of these Terms and Conditions, Thor’s Skyr may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission or any portion thereof. Thor’s Skyr shall have no liability or responsibility to users for performance or nonperformance of such activities.
Thor’s Skyr reserves the right to assign or sublicense its rights under these Terms and Conditions.
8. Unsolicited Ideas.
Thor’s Skyr and its employees, directors, officers, employees, representatives or agents do not solicit or consider unsolicited ideas, proposals or materials, including ideas and proposals for new or improved advertising campaigns or promotions, new or improved products, product enhancements, processes, packaging, marketing plans or new product names. Please do not submit such unsolicited ideas, original creative artwork, suggestions, proposals or other works in any form through the Website. The sole purpose of this Section 8 is for the benefit of Thor’s Skyr and NOT FOR THE BENEFIT OF ANY USER. If, despite our request that you not submit unsolicited ideas, proposals or materials, you submit them anyway in violation of these Terms and Conditions, then regardless of any statements contained in your submission, you agree that the ideas proposals or materials that you submitted shall become the sole and exclusive property of Thor’s Skyr, and such property may be treated as non-confidential and non-proprietary, and may be disseminated or used by Thor’s Skyr for any purpose and in any way without any compensation.
9. Website and Contents Disclaimer.
USE OF THE WEBSITE AND ANY THIRD PARTY WEBSITES LINKED TO OR REFERENCED ON THE WEBSITE IS AT YOUR OWN RISK. INFORMATION MAY BE TRANSMITTED DURING ACCESS ANDUSE OF THE WEBSITE VIA MEANS OUTSIDE THE CONTROL AND JURISDICTION OF THOR’SSKYR. THOR’S SKYR ASSUMES NO LIABILITY FOR OR RELATED TO SERVICE DELAYS,FAILURES, INTERRUPTIONS, DATA CORRUPTION, VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICES, OR ANY OTHER ISSUES RELATED TO TRANSMISSION OF INFORMATION IN CONNECTION WITH THE USE AND/OR ACCESS OF THE WEBSITE.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND/OR THE CONTENTS ARE NOT PROMISED, OR GUARANTEED TO BE CORRECT, CURRENT, OR COMPLETE, AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.THOR’S SKYR WILL USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON ITS WEBSITE, HOWEVER ALL INFORMATION PROVIDED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS ARE PROVIDED ON AN "ASIS" BASIS.
THOR’S SKYR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE USE OF THE WEBSITE ORANY OF THE CONTENTS, AND THOR’S SKYR, TO THE FULLEST EXTENT PERMITTED BY LAW,DISCLAIMS ALL GUARANTEES, REPRESENTATIONS, AND WARRANTIES WHETHER EXPRESS AND IMPLIED OF ACCURACY OR QUALITY, STATUTORILY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability.
THOR’S SKYR ALSO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, DEVICE(S), OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE SITE OR DOWNLOAD MATERIAL FROM IT. UNDER NO CIRCUMSTANCES SHALL THOR’S SKYR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, FEES, FINES OR PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, OR ANY OTHER WEBSITES ACCESSED THROUGH THE WEBSITE, AND/OR ANY CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING IT.
THOR’S SKYR DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, THE CONTENTS, OR ANY OTHER MATERIALS OR INFORMATION DISPLAYED ON THE WEBSITE OR ANY OTHER WEBSITES ACCESSED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. THOR’S SKYR SERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE, THE CONTENTS, OR ANY OTHER MATERIALS OR INFORMATION DISPLAYED HEREIN AT ANY TIME WITHOUT NOTICE.
11. Indemnity and Hold Harmless.
You agree to defend, indemnify, and hold Thor’s Skyr, its directors, officers, employees, representatives and agents, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorneys’ fees and accounting fees, due to or arising out of, or in any way connected with your use of or access to the Website, your Submission, your violation of these Terms and Conditions, and/or your violation of any applicable laws.
It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Thor’s Skyr so that it may correct any identified error(s) immediately.
12. Privacy.
You may be asked to provide information that personally identifies you, such as your name, mailing address, e-mail address and home and/or telephone numbers (“Personal Information”). If you communicate with us by e-mail or otherwise complete online forms, all information provided in such communication may be collected as Personal Information. Thor’s Skyr’s information collected and use policies with respect to the privacy of such Personal Information are set forth in the Website’s privacy policy (the “Privacy Policy”) which is available through a link on the Website.
13. Sharing Information with Third Parties.
Thor’s Skyr may share submitted information with third parties in the following cases: (i) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) to enforce these Terms and Conditions and the Statement, and any of its providers and affiliates, including investigation of potential violations thereof or dishonest or fraudulent activities; (iii) to detect, prevent, or otherwise address fraud, security or technical issues; (iv) to respond to claims of violations of any right of a thirty-party through the Website; (v) to protect the rights, property or personal safety of Thor’s Skyr, its providers, employees, and affiliates or the general public; (vi) when Thor’s Skyr is undergoing any change in control, including but not limited to, means of a merger, acquisition, or purchase of all or substantially all of the assets of Thor’s Skyr (in which event your personal information may be transferred to a third-party located in a jurisdiction that does not have the same protection laws upon your prior approval; (vii) to collect, hold and/or manage the information submitted by you through the Website through our authorized third- party service providers; (viii) and/or to cooperate with third parties for the purposes of enhancing the Website User’s experience.
14. Links.
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Thor’s Skyr of the content, materials, or information available on such third party websites. Thor’s Skyr is not responsible for the content, materials or information available on linked third party sites nor does Thor’s Skyr make any warranty or representation regarding the same, nor does Thor’s Skyr endorse any linked third party websites or the content, materials or information appearing thereon or any of the products or services described thereon.
Links do not imply that Thor’s Skyr endorses, is affiliated or associated with, the linked third-party website. If you decide to access linked third party websites, you do so at your own risk.
Unless Thor’s Skyr has a signed written agreement with you, you may not use any of the Content in or with your links. You may not present a link to the Website in any way that suggests that Thor’s Skyr has any relationship, business venture, or affiliation with you or any website owned or operated by you, or endorses, sponsors or commendations the information, products or services on your website, unless you have a written agreement with Thor’s Skyr to do so.
You shall not, without Thor’s Skyr’s written consent: (i) incorporate any of the Contents into your website (including, but not limited to, in-lining or framing); or (ii) use any of Thor Skyr’s trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying Thor’s Skyr or the Website in any “metatag”. Thor’s Skyr will not tolerate links from any website that may adversely affect the name, image, reputation and/or goodwill of Thor’s Skyr and/or its products. Thor’s Skyr reserves the right to terminate a user’s permission to link to the Website at any time, for any or no reason.
15. Compliance Outside of the United States of America.
The Website is operated Thor’s Skyr, Inc., which is located in the State of Delaware, United States of America. Thor’s Skyr makes no claims that the Content or any other materials or information displayed, distributed, made available or accessed through the Website, are appropriate or may be downloaded outside of the United States. Access to the Website and/or such materials and information may not be legal certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
16. Choice of Law and Venue.
These Terms and Conditions are governed by the laws of the State of Delaware, without giving reference to any conflicts of law principles therein. In any action to enforce these Terms and Conditions, Thor’s Skyr shall be entitled to court costs and reasonable attorneys’ fees. If any provisions of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be non-enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
17. Revisions.
Thor’s Skyr reserves the right to modify and supplement these Terms and Conditions at any time, without prior notice, by posting amended, modified or new terms on the Website. You agree to review these Terms and Conditions periodically to be aware of such modification and your access or use of the Website shall be deemed your acceptance of any modified, amended or new Terms and Conditions.
18. Headings.
Headings are provided for convenience only and will not be used to interpret the substance of these Terms and Conditions.
19. Severability.
If any provision in these Terms and Conditions is invalid or unenforceable under any applicable statute, regulation, ordinance, executive order or other rule or law, such provision shall be deemed reformed or deleted by only o the extent necessary to comply with such statute, regulation, ordinance order or rule, and the remaining provisions of these Terms and Conditions shall remain in full force and effect.
20. No Waivers.
No waiver by Thor’s Skyr of any breach of any provision herein will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver of any prior concurrent or subsequent breach of the same or any other provision and no waiver by Thor’s Skyr will be binding unless made in an express writing signed by an authorized representative of Thor’s Skyr.
21. Termination and Suspension.
Thor’s Skyr reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Website or the Contents at any time and/or to restrict, suspend or terminate your access to the Website and/or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
22. Complete Agreement.
Except as expressly provided in any other particular "legal notice" on the Website, these Terms and Conditions and the Privacy Statement constitutes the entire agreement between you and Thor’s Skyr with respect to the use of the Website and the Contents therein.
YOU ACCEPT THESE TERMS AND CONDITIONS BY USING THIS WEBSITE.