These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to Use Website
Unless otherwise stated, WhereBy.Us Enterprises Inc and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- redistribute material from this website, except for content specifically and expressly made available for redistribution and with prior arrangement.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without WhereBy.Us Enterprises Inc’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
Access to certain areas of this website is restricted.The New Tropic reserves the right to restrict access to areas of this website, or indeed this entire website, at The New Tropic’s discretion.
If The New Tropic provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
The New Tropic may disable your user ID and password in The New Tropic’s sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to WhereBy.Us Enterprises Inc a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to WhereBy.Us Enterprises Inc the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or WhereBy.Us Enterprises Inc or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The New Tropic reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.
This website is provided “as is” without any representations or warranties, express or implied.The New Tropic makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph,The New Tropic does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of Liability
WhereBy.Us Enterprises Inc will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit WhereBy.Us Enterprises Inc’s liability in respect of any:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation on the part of WhereBy.Us Enterprises Inc; or
- matter which it would be illegal or unlawful for WhereBy.Us Enterprises Inc to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You agree that the limitations of warranties and liability set out in this website disclaimer will protect WhereBy.Us Enterprises Inc’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify WhereBy.Us Enterprises Inc and undertake to keep WhereBy.Us Enterprises Inc indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by WhereBy.Us Enterprises Inc to a third party in settlement of a claim or dispute on the advice of WhereBy.Us Enterprises Inc legal advisers) incurred or suffered by WhereBy.Us Enterprises Inc arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breach of Terms and Conditions
Without prejudice to WhereBy.Us Enterprises Inc’s other rights under these terms and conditions, if you breach these terms and conditions in any way, WhereBy.Us Enterprises Inc may take such action as WhereBy.Us Enterprises Inc deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
WhereBy.Us Enterprises Inc may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
WhereBy.Us Enterprises Inc may transfer, sub-contract or otherwise deal with WhereBy.Us Enterprises Inc’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with United States law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the State of Florida and of the United States.
Registrations and Authorizations
The New Tropic and all associated marks, content, images and intellectual property are the wholly owned property of WhereBy.Us Enterprises, Inc.
WhereBy.Us Enterprises, Inc is a registered corporation in the State of Florida.
You can contact WhereBy.Us Enterprises Inc by email to [email protected]
Your privacy is important to The New Tropic. This privacy statement provides information about the personal information that The New Tropic collects, and the ways in which The New Tropic uses that personal information.
Personal information collection
The New Tropic may collect and use the following kinds of information:
- Information about your use of The New Tropic website, including pages visited, time on site, sharing of content, commenting and discussion activity, event registration, signing up and changing your e-mail preferences, registering for memberships and changing your member information.
- Information that you used for registering on the website, including your name, e-mail address, username, and password.
- Information that you used for conducting transactions on The New Tropic website, such as registering for membership or paid events, including credit card and billing information.
- Any other information that you send to The New Tropic .
Using personal information
The New Tropic may use your personal information to:
- Administer The New Tropic website or newsletter
- Personalize the website or newsletter for you and provide you with particular content
- Enable you to access and use certain parts of or services on the website
- Publish information about you on the website
- Send you products and tickets that you purchase
- Send you receipts, confirmations, and billing notices
- Collect payments from you
- Send you marketing information and materials
- Contact you via e-mail
Where The New Tropic discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, The New Tropic may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing your data
The New Tropic will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information.
The New Tropic will store all the personal information you provide on its secure servers.
Information relating to electronic transactions conducted via The New Tropic website will be protected by encryption technology.
Cross-border data transfers
In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.
You agree to such cross-border transfers of personal information.
Updating this statement
The New Tropic website contains links to other websites. The New Tropic is not responsible for the privacy policies or practices of any third party.
Contact The New Tropic
The New Tropic and all associated marks, content, and intellectual property are wholly owned by WhereBy.Us Enterprises, Inc., a registered Florida corporation.
This document was created with Contractology at www.freenetlaw.com.
OFFICIAL RULES – The New Tropic Membership Drive Sweepstakes
No Purchase Necessary. A Purchase Will Not Increase Your Chances Of Winning.
1. Eligibility: The New Tropic Membership Drive Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States who are at least eighteen (18) years old and who are “Supporting Members” of The New Tropic or who enter using the alternative entry method in Section 3 below. A “Supporting Member” is someone who has signed up to become a financial supporter of The New Tropic via the The New Tropic’s membership page. Employees of WhereBy.Us Publishing, Inc. (“we” “WBU” or “Sponsor”), as well as their immediate family (spouse, parents, siblings, and children) and household members of those employees, are not eligible to enter. If the Sweepstakes is prohibited by any local regulations, you are prohibited from participating in the Sweepstakes, and the Sponsor, in its sole discretion, may take steps to limit or ban your participation.
- Entry Period: The New Tropic will notify its readers of the start of the Sweepstakes via email (the “Announcement”) on the morning of Friday, May 26. The Sweepstakes will begin immediately upon The New Tropic’s dispatch of the Announcement and will end that week on Friday, June 2 at 11:59 pm ET (the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
- How to Enter: All Supporting Members of The New Tropic will be eligible to enter into the Sweepstakes. If you are not already a Supporting Member, visit the membership page for The New Tropic and become a Supporting Member during the Entry Period to receive one entry into the Sweepstakes per prize. If you would like to enter without becoming a Supporting Member, send an email to [email protected] with the subject line: Member Giveaway and include your name and the date in the body of the email, and you will be entered into the Sweepstakes. Only one entry is permitted per individual. The use of an agency or any automated system to enter is strictly prohibited, and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.
- Drawing: Sponsor will select one (1) potential winner for each prize in a random drawing of all entrants. Drawings will be held at the end of the Entry Period. The odds of being selected depend on the number of members of The New Tropic. With the exception of the 10 pairs of tickets to be given out to the City Theater event, if a previous winner is selected in the drawing, Sponsor will select an alternative potential winner in a random drawing from among all remaining eligible entries for the applicable prize. Sponsor will attempt to notify potential winner within ten (10) business days of the drawing.
- Requirements of Potential Winner(s): Potential winners will be notified by email using the email address associated with their The New Tropic membership. Sponsor is not responsible for your failure to receive a notice, regardless of the cause. Potential winners must reply and provide any reasonably requested information (ex: name, mailing address, etc.) within seven (7) days of the date of notice or attempted notice is sent in order to claim the applicable prize. If any potential winner cannot be contacted, fails to provide any requested information in the required time frame, elects to forfeit the prize, or is disqualified for any reason, Sponsor will select an alternative potential winner in a random drawing from among all remaining eligible entries for the applicable prize.
- Prize(s): Each winner will receive a prize to be selected by The New Tropic, as described in the Announcement or the subsequent daily reminder messages (“Reminders”). All prize details will be determined by Sponsor, in its sole discretion. A prize may not be transferred and must be accepted as awarded. A winner may not request cash or a substitute prize. Winner is responsible for any applicable taxes.
- General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, a change to any applicable terms of service, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any reason, as determined by Sponsor in their sole discretion, the Sponsor may, in their sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserve the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision, any rights or remedies available to the Sponsor, whether set forth in these Official Rules or elsewhere. In the event of a dispute as to the owner of an online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the owner.
- Release and Limitations of Liability: By participating in the Sweepstakes, entrants agree to release and hold harmless, collectively and individually, the Sponsor and any third-parties affiliated with Sponsor in connection with the Sweepstakes (including any advertising and promotion agencies), and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, shareholders, representatives, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, any errors that may occur in the administration of the Sweepstakes or the processing of entries, the announcement of the winner; and/or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants’ participation in the Sweepstakes or acceptance, receipt or misuse of the prize. Entrant waives the right to claim any damages whatsoever from Released Parties in connection with the Sweepstakes, including, but not limited to, punitive, consequential, direct, or indirect damages. Without limiting the foregoing, Entrant further agrees that in any permitted cause of action, the Released Parties’ aggregate maximum liability will be limited to $50 USD, and in no event shall the entrant be entitled to receive court costs or attorney’s fees.
- Disputes: You agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Delaware. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SELLER HEREBY IRREVOCABLY AND EXPRESSLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES.
- Sponsor: The Sweepstakes is sponsored by Whereby.Us Publishing, Inc.
- Results: For the names of the winners of any prize over $25, please send a self-addressed stamped envelope to Whereby.Us Publishing, Inc., 2093 Philadelphia Pike #1733 Claymont, DE 19703. Requests must be received within six months of the completion of the Entry Period unless otherwise required by applicable law.