Terms of Service

Last updated Aug 21, 2018

These Terms are a contract between you, the User, andSpckOrg (“we”, “our” or “us”), being the operator(s) and owner(s) of the Spck.io website.

1. Definitions.

1.1.

The following defined terms apply in this agreement:

1.2.

Any other defined terms (introduced as such by quotation marks in parentheses) which appear in these Terms will take the meaning ascribed to them.

2. License to use our Services.

You agree and accept that your use of the Service is entirely at your own risk.

These Terms will apply for as long as you use the Site and/or the Services. Any part of these Terms that by necessity or implication are to continue after your use of the Site or the Services ends shall continue in force.

Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not use our Services. Any person who uses or provides their personal information to our Services represents that they are 13 years of age or older.

3. Copyright Infringement.

If you believe that material located on or linked to by us violates your copyright, please notify us at[email protected]. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the website; (2) identify the material on the website that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the website is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.

Upon receipt of notice as described above, SpckOrg will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the website.

4. Intellectual Property.

SpckOrg,Spck.io, theSpck.io logo, and all other trademarks, service marks, graphics and logos used in connection withSpck.io, our Site, and/or Services, are trademarks or registered trademarks of SpckOrg or SpckOrg’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any SpckOrg or third-party trademarks.

You must comply with all applicable laws when using our Site or Services. Except as may be expressly permitted by applicable law, or as we may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services or compile or collect any Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Content; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Content; or (viii) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services.

5. Feedback.

We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Site or Services (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Site or Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

6. Limitation of Liability.

6.1.

You understand, agree and accept that your use of the Services is at your own discretion and risk and that you will be solely responsible for loss of data resulting from your use of, or inability to use our Services and/or Content.

6.2.

You understand, agree and accept that SpckOrg, its affiliates, agents, directors, employees, contractors, suppliers, and licensors will not be liable under any contract, negligence, strict liability or other legal or equitable theory for:

(i) any direct, indirect, incidental, punitive, special, consequential, or exemplary damages, including but not limited to damages for loss of business, loss of profits, depletion of goodwill and/or similar losses, loss or corruption of data or information, or pure economic loss, or other intangible and/or tangible losses (even if we have been advised of the possibility of these damages), however arising under these Terms;

(ii) the cost of procurement for substitute products or services;

(iii) interruption of use or loss or corruption of data; and/or

(iv) any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site, Content, Services, or your Account or the information contained therein.

6.3.

To the maximum extent permitted by applicable laws, SpckOrg, its affiliates, agents, directors, employees, contractors, suppliers, and licensors assumes no liability or responsibility for:

(i) any errors, mistakes, or inaccuracies of content;

(ii) any personal or property damage, of any nature whatsoever resulting from your access to or use of our Site, Content, and/or Services;

(iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;

(iv) any interruption or cessation of transmission to or from the Site, Content, or Services;

(v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site, Services by any Third Party; and/or

(vi) any errors or omissions in any Content or for any loss, damage incurred as a result of the use of any Content, posted, emailed, transmitted or otherwise made available through our Site or Services.

6.4.

Under no circumstances will the total liability of us, our suppliers, and our licensors of all kinds arising out of or related to your use of the Site, Content, and the Services (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, that you have paid to us for your use of the Site, Content, and the Services in the twelve month period immediately preceding the event of giving rise to such claim or action. In addition, if you are a California resident, you waive California Civil Code §1542.

7. Force majeure.

SpckOrg, its affiliates, agents, directors, employees, suppliers, and licensors shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

8. Indemnification.

You agree to indemnify and hold us, our agents, employees, officers, directors, suppliers, contractors and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, and representatives harmless against any and all claims, costs, damages, liability, and expenses, including attorneys’ fees, arising out of your use of our Services, Content, Site including but not limited to your violation of this Agreement.

9. Waiver.

No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

10. Severance.

10.1.

If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

10.2.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

11. Changes to Terms.

We may update the Terms from time to time without notice. If we make changes that are material, we will let you know by posting on our Site, or by sending you an email, or other communication through our Site and/or Services after the changes take effect. If you disagree with our changes, then you should stop using our Services after the changes take effect. We are entitled to treat your continued access to or use of the Services as confirmation that you agree to the changes. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.

Contacting Us.

If you have any questions or concerns about our Site, Content, Services or these Terms, you may contact us by email at[email protected].