Terms of Agreement
Spike Spencer International (“Spike Spencer,” “Company,” “we,” “us,” “our”) welcomes you and invites you to access, explore, and use our Site, DontKillYourDate.com and/or DontKillYourDateandOtherCookingTips.com (the “Site”).
NO. 1 - GENERAL
NO. 2 - USE OF OUR SITE
We provide Visitors and Registered Users with accesses to the Services of the Site as described herein.
Visitors are those who do not register with us, but want to explore the Site. No login is required. Visitors can view all publicly available content on the Site; and E-mail us.
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through our Site, is agreeing to the Terms of this Agreement, and the accompanying Terms and Conditions of Purchase with respect to such product or service.
Registered Users can do all the things that Visitors can do, and
- Purchase products and services through the Site;
- Create, access, manage, and update their own personal accounts on the Site;
- Post comments and other content on the Site (collectively, “Registered User Content”),
- Sign up for our various programs;
- Subscribe to a free, no obligation, email newsletter;
- Sign up for alerts and other notifications; and,
- Become part of the Crown Yourself community.
To access certain features of the Site as a Registered User, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may be asked to register with us on the form provided and such registration may require you to provide Personal Information such as your name and email address. In addition, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You understand that by entering your Personal Information, such as your name and email address, you:
- Are subscribing to a free, no obligation email;
- Understand this newsletter is offered as a free service by Spike Spencer International and no purchase is necessary;
- Agree that you have opted-in to receive our newsletter by providing your Personal Information on our website;
- Can remove yourself at any time from this free newsletter by simply clicking on the unsubscribe link at the bottom of any newsletter.; and if you have trouble removing yourself from this list, you may contact us here for personal attention;
- Agree that the small inconvenience of receiving this newsletter, even if is or becomes unwanted, will cause you no personal, emotional, or financial harm;
- Agree that you wish to be subscribed to this newsletter, and that you will make no threats, and take no additional action against Spike Spencer International or the Site in the event you are unhappy that you subscribed or are not able to remove yourself from this free mailing list.
To use certain features of the Site as a Registered User, you will need a username (“Username”) and password (“Password”), and perhaps certain additional information (“Unique Identifiers”) that will assist in authenticating your identity when you log-in in the future, which you will create though the Site’s registration process. When creating your account, you must provide true, accurate, current, and complete information. Each Username and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for maintaining the confidentiality of the Password and account, and you are responsible for all activities (whether by you or by others) that occur under your Password and account.
You agree to notify us immediately of any unauthorized use of your Password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We reserve the right to delete or change your Password, Username, or Unique Identifiers at any time for any reason and shall have no liability to you for any loss or damage caused by such action. Spike Spencer International will not be liable for any loss or damage caused by any unauthorized use of or account and/or any loss or damage arising from your failure to protect your Password, Username, Unique Identifiers or other account information.
NO. 3 - COMMUNITY GUIDELINES
By accessing and/or using the Site, or any and/or all of the Site’s features, including but not limited to bulletin boards, web logs, comment fields, chat rooms, and/or email service, you agree to comply with our Don't Kill Your Date (and Other Cooking Tips) Community Guidelines (the “Community Guidelines”) and that you will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful purpose.
Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via email services on the Site, lies entirely with each Visitor and Registered User. You alone are responsible for the content you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you abide by and agree and comply with our Community Guidelines listed herein.
- You will NOT restrict or inhibit any other user from using and enjoying the Site;
- You will NOT upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, publicity right, trade identity right, trade secret, privacy right, or other proprietary rights of any person or entity, without first obtaining permission from the owner or rights holder; or
- is false, unlawful, threatening, tortious, harassing, abusive, vulgar, defamatory, disparaging (including disparaging of the Site), libelous, obscene, pornographic, sexually explicit, profane, invasive of another’s privacy, or indecent information of any kind, or that promotes violence, racial hatred, terrorism or illegal acts, as determined by us in our sole discretion, including but not limited to any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; or
- instigates or encourages others to commit illegal activities or cause injury or property damage to any person; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
- You will NOT directly or indirectly threaten, harass, stalk, or otherwise abuse another user;
- You will NOT transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes, in order to engage in any commercial activities,
- You will NOT solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express, prior, written approval, or in areas specifically designated for such purposes;
- You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site;
- You may NOT without our prior written consent, frame or inline any hypertext link in any content of the Site, or incorporate into another website or other service any of our material, content, or intellectual property;
- You will NOT access or use the Site to exploit in any way any information, software or other material for commercial purposes, or that contains advertising;
- If you post any Registered User Content, you will stay on topic;
- You will NOT use the Site to collect any market research or gather any email addresses or other Personal Information that has been posted by other Users of the Site for a competing business;
- You will NOT purchase, download or copy any products or services from this site and use to pirate said content;
- You will NOT use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will NOT disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
- You will NOT gain unauthorized access to the Site;
- You will NOT interfere or attempt to interrupt or corrupt the proper operation of the Site through the use of any virus, trojan horses, device, information collection or transmission mechanism, software or routine, or upload or transmit any disruptive or destructive files or post material that interferes with any User’s enjoyment of the Site;
- You will NOT access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, and/or any other illicit means;
- You will NOT interfere with or disrupt any servers or networks, third-party or otherwise, used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site;
- You will NOT cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Site;
- You will NOT use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of an solely to the extent necessary from creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will NOT take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about any inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know via e-mail, and we’ll review it.
YOU AGREE AT ALL TIMES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SPIKE SPENCER INTERNATIONAL, AND OUR AFFILIATES, SUCCESSORS, TRANSFEREES, ASSIGNEES AND LICENSEES AND THEIR RESPECTIVE PARENT AND SUBSIDIARY COMPANIES, AGENTS, ASSOCIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYEES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING LEGAL AND ACCOUNTING FEES AND EXPENSES, ARISING, RELATING, OR RESULTING FROM: (I) YOUR BREACH OF ANY OBLIGATION, WARRANTY, REPRESENTATION, OR COVENANT SET FORTH HEREIN; (II) YOUR ACCESS TO, USE, OR MISUSE OF THE CONTENT OR SITE; AND/OR (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING, BUT NOT LIMITED TO ANY COPYRIGHT, TRADEMARK, PROPERTY, PUBLICITY, OR PRIVACY RIGHT.
Spike Spencer International expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers, or agents, be liable for any loss or damage caused by your reliance on information obtained through these forums. We have no obligation whatsoever to monitor any of the content or posting on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.
We reserve the right, in our sole and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice, and to alter, edit, refuse to post, and/or remove any postings or content, in whole or in part that does not adhere to these Community Guidelines at any time for any reason whatsoever. In addition, we reserve the right to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or government request (national or international) and to protect ourselves, our clients, sponsors, users and visitors.
NO. 4 - INTELLECTUAL PROPERTY RIGHTS
This Site and all the materials contained, such as videos, coursework, lesson plans, training modules, photographs, systems, designs, wording, colors and graphics, software, sound recordings, text, graphics, images, and other material provided by or on behalf of of Spike Spencer International (collectively referred to as the “Content”) are the property of Spike Spencer International and/or our affiliates or licensors, and are protected under both United States and international copyright, trademark, and other intellectual property laws.
The Site is provided solely for your personal and non-commercial use. Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, or registered with the Site, may download one copy onto their own machines and/or print one copy and view any Content contained in such purchased product, service or registered document for their own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. When you download copyrighted material, you do not obtain any ownership rights in that material.
Your use of the Content for any that has not been authorized by us purpose without written permission from Spike Spencer International is strictly prohibited. Specifically, you may not modify, copy, reproduce, republish, upload, transfer, assign, license, sublicense, post, transmit, translate, sell, create derivative works, publicly display, publicly perform, exploit, distribute or otherwise use the Content in any manner or medium (including by email or other electronic means) for any public or commercial purpose.
If you violate any part of this Agreement, we reserve the right, in our sole and absolute discretion, to automatically terminate your permission to access and/or use the Content and the Site. In addition, you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Spike Spencer International (the “Spike Spencer Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Spike Spencer International. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third Party Trademarks,” and, collectively with Spike Spencer Trademarks, the “Trademarks”) Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission for each use. Use of the Trademarks as part of a link to or from any site is prohibited unless you obtain prior establishment of approval by us in writing.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copies or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
NO. 5 - REGISTERED USER CONTENT AND LICENSES
By posting or submitting any material (including, without limitation to your comments, blog entries, posts, bulletin posts, sound recordings, photos, and videos, collectively your, “Registered User Content”) to us via the Site, you are representing:
that you are the owner and original creator of the content; or that you are making your posting or submission with the express consent of the owner of the material; and that you have the rights necessary to grant the license to the Registered User Content, under the following paragraphs, and that it and its use by Spike Spencer International will not infringe or misappropriate the intellectual property or moral rights of any person; that your content does not contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines; and that you are thirteen (13) years of age or older.
You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Site, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any Personal Information that you make available. You are entirely responsible for all Registered User Content that you upload, post, send via email services on the Site, or otherwise transmit via the Site.
YOU WILL INDEMNIFY SPIKE SPENCER INTERNATIONAL IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR REGISTERED USER CONTENT.
You acknowledge and agree that we have the absolute right to monitor the Registered User Content, at our discretion, and, as stated above, we reserve the sole right to alter, edit, refuse to post, and remove any postings or content, in whole or in part, for any reason, at any time whatsoever, without notice to you.
Your License to Us
When you submit, transmit, upload, and/or post any Registered User Content, you do, hereby, grant us, our sublicensees, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, world wide license to use, copy, modify, compile, combine with other content, transmit, record, synchronize, format, sell, create derivative works from, distribute, publicly display, publicly perform, and otherwise use and exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The forgoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright trademark, service mark, or patent laws under any relevant jurisdiction.
In the connection with the exercise of such rights, you grant us, our sublicensees, and anyone authorized by us, the right, but not the obligation, to use and display your Registered User Content (or any portion thereof), and to use, display, and identify you as the author of your Registered User Content by your Username, name, city/state/country of residence, and/or your likeness to advertise and promote the Site, Spike Spencer International, and/or to advertise and promote our products and services, including for profit, as we deem appropriate. You acknowledge that we have the right to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
In addition to the foregoing grant of such rights, you may also submit a testimonial to Spike Spencer International. You agree that it becomes the exclusive property of Spike Spencer International, our sublicensees, and anyone authorized by us, which for example includes the rights to reproduce, edit (for length and grammar but not general content), and/or publish the testimonial, which may include some Personal Information, such as your name, initials, and city/state/country of residence, and likeness.
NO. 6 - CHILD RESTRICTIONS
This Site is only available for individuals aged thirteen (13) years or older. If you are thirteen (13) or older, but under the age majority in your jurisdiction, you should review this Agreement with your parent or legal guardian.
NO. 7 - ONLINE COMMERCE
Purchases Through the Site Provided by Third Parties
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the Personal Information and Billing Information that you give as part of the transaction, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In additional, when you purchase products or services on our through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.
For more information regarding a merchant, its online store, its privacy policies, and.or any additional terms and conditions that may apply, visit that merchant’s website, and click on its information links or contact the merchant directly. You release us and or affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associates with such dealings are solely between you and such third party. You agree that Spike Spencer International shall not be responsible or liable for any loss, damage, or other matters of any sore incurred as the result of such dealings.
Purchases Through the Site
You are financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false, or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
Purchases for Third Parties
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s Personal Information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
NO. 8 - CURRENCY
All transactions are made in USD. No adjustment for changes in foreign exchange rates will be made. Tax amount is determined by your provnce, city, state, and/or country.
NO. 9 - DELIVERY
When you purchase an electronic product or service from us, you are purchasing immediate and full access to the purchased product.
The shipping of any physical goods is processed through a third party fulfillment center. We therefore make no promise of guaranteed (express or implied) as the time of your product delivery.
Your item will be prepared for shipping within three business days. Typical delivery time can range from five to seven business days, depending on the ship-to address and other variables.
NO. 10 - REFUND POLICY
Electronic products will be refunded up to thirty (30) days after the date of purchase, unless stated otherwise. All sales of physical products are final.
NO. 11 - COMMUNICATION POLICY
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails, correspondence, and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, knowhow, or techniques contained in your communications with us for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate information without contribution or attribution to you.
NO. 12 - THIRD PARTY SITES
NO. 13 - NO REPRESENTATIONS
Registered Users and Visitors acknowledge and agree that no representation has been made by or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this Site.
NO. 14 - WARRANTIES
SPIKE SPENCER INTERNATIONAL MAKES NO WARRANTIES OF ANY KIND (EITHER EXPRESSED OR IMPLIED) CONCERNING THE MATERIALS ON THE SITE. ALL SITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FURTHER, WE DO NOT WARRANT THAT THE TRANSMISSION OF THE CONTENT AND/OR MATERIALS WILL NOT BE INTERRUPTED. WE DO NOT WARRANT THAT THE MATERIALS WILL CONTAIN NO TYPOGRAPHICAL, GRAMMATICAL, TECHNICAL, OR PRICING ERRORS OR OMISSIONS ON THE SITE. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, GRAMMATICAL, TECHNICAL, OR PRICING ERRORS OR OMISSIONS LISTED ON THE SITE. NOR DO WE WARRANT THAT THE CONTENT AND/OR MATERIALS ON THE SITE WILL BE ACCURATE.
SPIKE SPENCER INTERNATIONAL DOES NOT WARRANT THAT THE SITE ITSELF OR THE SERVER WHICH TRANSMITS IT WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES, OR ANYTHING ELSE THAT MIGHT BE HARMFUL. NOR DO WE WARRANT THAT ANY DEFECTS WILL BE CORRECTED. YOU ALONE ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SITE, INCLUDING THE FULL COST OF ANY NECESSARY REPAIR OR SERVICE TO YOUR COMPUTER. WE SHALL NOT BE RESPONSIBLE FOR THE COSTS OF SERVICING OR REPLACING EQUIPMENT OR DATA.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND SPIKE SPENCER INTERNATIONAL MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, AND APPROPRIATENESS FOR ANY PURPOSE.
ALL LINKS ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT WARRANTED FOR CONTENT, ACCURACY OR ANY OTHER IMPLIED OR EXPLICIT PURPOSE.
NO. 15 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL OR INCONSEQUENTIAL, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, CONTENT, PRODUCTS, OR SERVICES, OR THIRD PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (II) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE SITE AT YOUR OWN RISK; (III) WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMTED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (IV) WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER.
THE SITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE SITE DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE INYOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AT ANY TIME WITHOUT NOTICE.
BY USING THE THE SITE, YOU WAIVE ANY CLAIM WHATSOEVER AGAINST SPIKE SPENCER INTERNATIONAL WHICH ARISES FROM YOUR USE, WHETHER INTENDED OR NOT, OF ANY OTHER SITE. THIS WAIVER SPECIFICALLY INCLUDES ANY CLAIM ARISING FROM A PROUCT AND/OR SERVICE WHICH YOU PURCHASE FROM ANY SITE OTHER THAN SPIKESPENCER.COM AND ANY CLAIM ARISING FROM THE SECURITY OF YOUR INFORMATION (INCLUDING BUT NOT LIMITED TO CREDIT CARD INFORMATION) WHICH YOU USE ON THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS.
NO. 16 - COMPLIANCE WITH APPLICABLE LAWS
The Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
NO. 17 - TERMINATION OF AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and you access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
NO. 18 - DIGITAL MILLENIUM COPYRIGHT ACT
Spike Spencer International respects the intellectual property rights of others and attempts to comply with all relevant laws. The Digital Millenium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that content and material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that your work has been copied on the Site in a way that constitutes copyright infringement, you or your agent may send to Spike Spencer International a notice, in accordance with the requirements of the DMCA, including: (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location where the original work or an authorized copy of the copyrighted work; (iii) your address, telephone number, and email address, or the address, telephone number, and email address of your agent; (iv) a statement by you that you have a good faith believe that the disputed use is not authorized by the copyright owners, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the you, the copyright owner, or your agent authorized to act on behalf of the owner of the copyright interest. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Spike Spencer International a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
Spike Spencer International Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows:
Spike Spencer International
8306 Wilshire Boulevard
Beverly Hills, CA 90211
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Spike Spencer International actual knowledge of facts or circumstances from which infringing material or acts are evident.
NO. 19 - GOVERNING LAW
This agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions.
NO. 20 - DISPUTE RESOLUTION
If a dispute arises under or relating to this Agreement, the Content, or the Site (each, a “Dispute”), we agree to first try to resolve it with the help of a neutral, mutually agreed-upon mediator in the following location: Los Angeles County, California. Any costs and fees other than attorney fees associated with the the mediation will be shared equally by each of us.
If mediation cannot resolve the Dispute, either Party may elect to finally and exclusively resolve the dispute by binding arbitration before a signal arbitrator with JAMS, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. Any Party may commence such arbitration by sending a written demand for arbitration to the other party. Such demand shall set forth the nature of the matter to be resolved by arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Los Angeles County, California. The Parties shall mutually select a neutral arbitrator with JAMS. If the Parties cannot agree upon an arbitrator, then one shall be settled by the applicable JAMS rules regarding the selection of an arbitrator. The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgement may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. Any court in Los Angeles, California may enforce the arbitrator’s award. We may litigate in court to seek injunctive relief.
NO. 21 - CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (ii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
NO. 22 - BINDING AGREEMENT
This Agreement shall be binding upon and shall inure to the benefit of Spike Spencer International hereto and our respective assignees, successors, heirs, employees, partners, predecessors, members, officers, associates, affiliates, subsidiaries, shareholders, trusts, trustees, executors, transferees, directors, agents, and legal representatives. Nether this Agreement nor any rights hereunder may be assigned without the prior written consent of Spike Spencer International. Notwithstanding the forgoing, all rights and obligations under this Agreement may be freely assigned by Spike Spencer International to any affiliated entity or any of its wholly owned subsidiaries.
NO. 23 - MISCELLANEOUS
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If, for any reason, any provision of this Agreement is held by a court of competent jurisdiction to be unlawful, invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The remainder of this Agreement shall nonetheless remain binding and in full force and effect.
Our failure to act on or enforce any provision of the Agreement shall not be con trued as a waiver of that provision or any other provision of this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be con trued as a waiver in any other or subsequent instance.
This Agreement constitutes the entire Agreement between you and Spike Spencer International with regard to the subject matter contained herein, and supersedes and replaces all previous or contemporaneous agreements, whether written or oral, between the parties. Each of the Parties acknowledges that no Party or any representative of a Party has made any promise, written or oral, other than those promises set forth in this Agreement. Each of the Parties represents and warrants that his or her execution of this Agreement is free and voluntary.
The descriptive section headings herein are inserted merely for convenience of reference only and shall in no way be construed to define, limit, describe, explain, modify, amplify, or add to the interpretation, construction, or meaning of any provision of, or scope or intent of, and shall not be given any legal import.
This agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
NO. 24 - ALL RIGHTS RESERVED
Copyrighted by Spike Spencer International. ALL rights reserved. No part of this Site or products and services contained therein may be copied, or changed in any format, sold, or used in any way other than what is outlined without express permission from Spike Spencer International.