Website Terms and Conditions
TERMS OF SERVICE
Effective Date: May 1, 2017
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
Service Content, Ownership, Limited License, and Rights of Others
A. Content. The Service contains a variety of: (i) materials relating to SPPN.TV and the Service, and other items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including those of SPPN.TV (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).
B. Ownership. As between SPPN.TV and you, SPPN.TV owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the Service and Content.
You acknowledge SPPN.TV’s valid intellectual and proprietary property rights in the online services and Content. Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to the online services or Content or to any portion thereof.
C. Limited License. Your use of the Service is limited to the access, viewing and downloading of Content, all solely as authorized by SPPN.TV Subject to your strict compliance with these Terms on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non- commercial use only. This limited license may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice to you.
D. Rights of Others. In using the Service, you must respect the intellectual property and other rights of SPPN.TV.
Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Content You Submit and Community Usage Rules
A. User-Generated Content.
(i) In your communications with SPPN.TV, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition,
SPPN.TV retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.
SPPN.TV’s receipt of your Unsolicited Ideas and Materials is not an admission by SPPN.TV of their novelty, priority, or originality, and it does not impair SPPN.TV’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
B. Community Usage Rules. As a user of the Service, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Service’s online communities (“Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:
• You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that is fraudulent or infringes the rights of any third party, including without limitation, patent, trademark, copyright, right of publicity or other proprietary rights.
• No Bullying. You may not use the online services to threaten, abuse, harass, or invade the privacy of any third party.
• Do Not Use for Commercial or Political Purposes. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that advertises or promotes a product or service or other commercial activity, or a politician, public servant, or law.
• Do Not Use for Inappropriate Purposes. You may not upload, post, transmit or otherwise distribute or facilitate the distribution of content that promotes any infringing, illegal, or other similarly inappropriate activity.
• Do Not Misrepresent Yourself. Do not impersonate any other person, user, or company, and do not submit information or content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
• Do not submit Personal Information to public. Do not submit personally identifying information (e.g., passwords, phone number, address, credit card number, medical information, e- mail address, or other personal identifiable information or contact information) on public Community spaces.
Do not transmit computer viruses. Do not Damage the Service or Anyone’s Computers or Other Devices. Any content you submit must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any Device. If you submit User-Generated Content that SPPN.TV reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. We may require, at any time, proof that you are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to us once we become aware of any violation of these provisions.
(ii) Social Interactions With Other Users on Social Media. You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
C. Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to: email@example.com. For alleged infringements of intellectual property rights, see Sections 6 and 7, below.
Service and Content Use Restrictions
A. Service Use Restrictions. You agree that you will not: (i) use the Service for any purpose that would violate the Community Usage Rules (ii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content; (iii) harvest or otherwise collect or store any information about other users of the Service, including e-mail addresses, without the express consent of such users; (iv) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (v) otherwise violate these Terms.
B. Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our licensors’ products, services, or brands; (v) you will not make any modifications to such Content (unless we give you the right to do so via Additional Terms); (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of SPPN.TV or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Service and Content. SPPN.TV may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, and without advance notice or liability.
D. Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by SPPN.TV and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
SPPN.TV respects the intellectual property of others, and we ask our users to do the same. SPPN.TV, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the online services if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. SPPN.TV accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, in compliance with the Act, if you believe that any such third party materials infringe your intellectual property; please send a written notice to the register agent identified below. Mail to:
C/O Ada’s Bail Bonding, Registered Agent
1330 Leyden Street, Suite 101
Denver, CO 80220
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the online services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SPPN.TV to locate the material. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or email address. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notice 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 or on behalf of the person defamed.
Notices, Questions and Customer Service
You agree that: (1) we may give you notices of new, revised or changed Terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address at firstname.lastname@example.org. All legal notices to us must be sent to:
C/O Ada’s Bail Bonding, Registered Agent
1330 Leyden Street, Suite 101
Denver, CO 80220
If you have a question regarding using the Service, you may contact SPPN.TV Support by sending an e-mail to email@example.com. You acknowledge that the provision of customer support is at SPPN.TV’s sole discretion and that we have no obligation to provide you with customer support of any kind.
Links By You To the Service
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non- transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with SPPN.TV or cause any other confusion, and (c) the links and the content on your website do not portray SPPN.TV or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to SPPN.TV. SPPN.TV reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice.
Third-Party Sites; Advertisements; Dealings with Third Parties
A. Third-Party Content and Sites; Advertisements. The Service may contain links to third-party websites that are not owned, controlled or operated by SPPN.TV , and the Service may also include links to third-party ads on the Service or otherwise, to or from third-party websites (collectively, “Third-Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with SPPN.TV . SPPN.TV may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and SPPN.TV does not assume any obligation to review any Third-Party Sites. SPPN.TV does not endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, or services. Furthermore, SPPN.TV is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. Finally, SPPN.TV will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. SPPN.TV disclaims all liability in connection therewith.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). SPPN.TV disclaims all liability in connection therewith.
Certain portions of this Section 8 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and SPPN.TV agree that we intend that this Section 8 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 8 can only be amended by mutual agreement.
A. First – Try To Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of SPPN.TV ’s actual or alleged intellectual property rights (an “Excluded Dispute,” which includes those actions set forth in Section 8.D), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8.A. Your notice to us must be sent to:
C/O Ada’s Bail Bonding, Registered Agent
1330 Leyden Street, Suite 101
Denver, CO 80220
For a period of sixty (60) days from the date of receipt of notice from the other party, SPPN.TV and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or SPPN.TV to resolve the Dispute or Excluded Dispute on terms with respect to which you and SPPN.TV, in each of our sole discretion, are not comfortable.
B. Forums For Alternative Dispute Resolution
If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, SPPN.TV agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Paragraph 8, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart 8(B)(iv); and 8F. Furthermore, this Paragraph 8 shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. (ii) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets Section 9 of the Federal Arbitration Act. (iii) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and SPPN.TV ; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission. (iv) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart 8(F) below, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart 8(F) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor SPPN.TV shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
C. Limited Time To File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 8.A) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.
D. Injunctive Relief. The foregoing provisions of this Section 8 will not apply to any legal action taken by SPPN.TV to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User-Generated Content and/or SPPN.TV’s intellectual property rights (including such SPPN.TV may claim that may be in dispute), SPPN.TV’s operations, and/or SPPN.TV’s products or services.
E. Small Claims Matters Are Excluded From Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 8.G.
F. No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitration or other proceedings that involve any claim or controversy of any other party.
G. Federal and State Courts in Los Angeles. Except to the extent that arbitration is required in Section 8.B, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute may only be instituted in state or federal court in Los Angeles, California. Accordingly, you and SPPN.TV consent to the exclusive personal jurisdiction and venue of such courts for such matters.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
While SPPN.TV uses reasonable efforts to include up to date information on the Site and Service, SPPN.TV makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. SPPN.TV PROVIDES THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPPN.TV, ITS AFFILIATES, AGENTS AND LICENSORS (COLLECTIVELY, THE “SPPN.TV PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SPPN.TV DOES NOT WARRANT THAT THE SITE OR OTHER SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE AND SERVICES IS SOLELY AT YOUR RISK. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.
LIMITATIONS OF OUR LIABILITY
IN NO EVENT WILL THE SPPN.TV PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO SPPN.TV IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, SPPN.TV ’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PROVISION WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.
Exclusion of Damages.
NONE OF THE SPPN.TV PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF SPPN.TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE SPPN.TV PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE OR OTHER SERVICE. WITHOUT LIMITING THE FOREGOING, SPPN.TV WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY PROTECT YOUR INFORMATION USED TO ACCESS OUR SERVICES (E.G., REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF ANY ACCOUNT YOU MAY REGISTER WITH US, AND SHARING OF SOCIAL FEATURES) OR (2) CONTENT POSTED TO THE SITE OR SERVICES BY YOU OR ANY THIRD PARTY.
Updates to Terms.
AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND TRANSACTIONS. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the Site, and the e-mail you provided to us for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional Terms by discontinuing use of the Service and related services.