I. Introduction; Your Agreement to these Terms of Service.
The following terms of service (the “Terms of Service”) for the SPYNTYX Service is a legal contract between you, an individual user of at least 13 years of age or a single entity (“you”, “user” “User” or, collectively, “Users”), and SPYNTYX regarding your use of the SPYNTYX Service.
SPYNTYX reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms of Service at any time by posting amended terms to the Terms of Service. SPYNTYX will attempt to notify you when material changes are made to the Terms of Service. Please check the Terms of Service periodically for changes. Your continued use of the SPYNTYX Service after the posting of changes constitutes your binding acceptance of such changes.
The SPYNTYX Service is not available to persons under the age of 13 or to any users previously suspended or removed from the SPYNTYX Service by SPYNTYX. BY USING THE SPYNTYX SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SPYNTYX SERVICE.
USERS REGISTERING FOR THE SERVICES AND UPLOADING USER GENERATED CONTENT MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE.
SPYNTYX MAKES NO CLAIMS THAT THE SERVICES MAY BE LAWFULLY ACCESSED IN ANY SPECIFIC LOCATION. ACCESS TO THE SERVICES MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN STATES OR CERTAIN COUNTRIES, OR MAY REQUIRE GOVERNMENT AUTHORIZATION OR REGISTRATION. WHEN YOU ACCESS THE SERVICES YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE LAWS AND REGULATIONS OF YOUR JURISDICTION.
III. Ownership of Materials; Limited License
The data and materials on the SPYNTYX Service, except the User Submissions (defined below), including, without limitation, the text, graphics, interactive features, logos, photos, music, videos, software, and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of the SPYNTYX Service (collectively, the “Materials”) are the intellectual property of SPYNTYX, its licensors and its suppliers. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with SPYNTYX, its licensors or its suppliers, as the case may be. All trademarks, service marks, and trade names are proprietary to SPYNTYX or its affiliates and/or third-party licensors. Except as expressly authorized by SPYNTYX, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. SPYNTYX reserves all rights not expressly granted in and to the SPYNTYX Service and the Materials.
IV. Digital Millennium Copyright Act.
It is SPYNTYX's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). SPYNTYX will promptly terminate without notice any User's access to the SPYNTYX Service if that User is determined by SPYNTYX to be a repeat infringer.
If you are a copyright owner or an authorized agent thereof (the “Copyright Owner”) and believe that any content on the SPYNTYX Service infringes your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the DMCA. This notification of claimed infringement must be a written communication provided to the designated agent of SPYNTYX that includes the following information:
(a) A physical or electronic signature of a person authorized to act on behalf of the Copyright Owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SPYNTYX to locate the material.
SPYNTYX’ s registered designated copyright agent to receive notifications of claimed infringement is: United Again. His contact information is as follows:
Please email: firstname.lastname@example.org your inquiry.
V. SPYNTYX Service License Grant.
SPYNTYX enables (a) certain users referred to herein as “Performers” to distribute and display streaming live videos, images, pre-recorded videos, performances, and other original content (“SPYNTYX Performers”) and to distribute, post and display textual and photographic comments (“Performer Comments”) and personally identifiable information commonly known as “name and likeness” (“Performer’s Name and Likeness”) and (b) certain users referred to herein as “Viewers” to view the SPYNTYX Performances and create textual and photographic comments (“Viewer Comments”). For the avoidance of doubt, Performers and Viewers do not refer to different types of users, rather, the terms refer to the activity engaged in by users. SPYNTYX Performances, Performer Comments, Performer’s Name and Likeness, Viewer Comments together with all other text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or any other materials submitted, displayed, published, posted or transmitted through or on the SPYNTYX Services by Performers and Viewers are collectively referred to as “User Submissions.”
If you sign up for user account, subject to your compliance with the terms and conditions set out herein, SPYNTYX hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the SPYNTYX Service.
User Submissions are streamed, stored, and distributed at your own risk. Notwithstanding any obligations hereunder of SPYNTYX to protect User Submissions, SPYNTYX cannot guarantee that there will be no unauthorized copying or distribution of User Submissions nor will SPYNTYX be liable for any copying or usage of the User Submissions not authorized by SPYNTYX.
If the Services require or include downloadable software such as an app, or use of software provided by SPYNTYX, SPYNTYX grants a personal, limited, non-exclusive and nontransferable license to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) only for the purposes relating to video streaming and related activities through www.spyntyx.com
Users shall not modify, alter, create derivative works, decompile, reverse engineer, disassemble, include in other software, translate the Software, or use the Software for any other purpose.
Users shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license.
This License does not allow users to use the Software on any device that the user does not own or control, and user may not distribute or make the Software available over a network where the Software could be used by multiple devices at the same time.
Users agree that the Software, including the specific design and structure, constitute proprietary and confidential information, trade secrets and/or intellectual property of SPYNTYX. You agree not to disclose, provide, or otherwise make available such proprietary and confidential information, trade secrets or copyrighted material in any form to any third party, or use the proprietary and confidential information, trade secrets or copyrighted material for your own benefit or for the benefit of any third party.
Users acknowledge and agree that use of the Software may require SPYNTYX to acquire user’s mobile phone number and perhaps additional such information in order to obtain access Software.
Users agree that SPYNTYX may collect and use technical data and related information that is gathered periodically to facilitate the provision of updates, product support and other services. SPYNTYX may use this information, as long as it is in a form that does not personally identify a user.
SPYNTYX shall have the right, and you agree, that in its sole discretion and with reasonable posted notice and/or sent to your email address, to revise, automatically update, or otherwise modify the Software, at any time. Users continued use of the Software constitutes acceptance of and agreement to such changes.
This License is effective until terminated by the user or SPYNTYX at its sole discretion. User’s rights under this license will terminate automatically without notice if user fails to comply with any terms of this License. Upon termination, user shall cease all use of the Software and delete all versions of the Software possessed by the user.
The warranty and limitation of liability provisions set forth below apply also to the use of the Software.
VI. Performer and Viewer Content License Grant; Representations and Warranties.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (A) you are the creator and owner of and/or have the necessary licenses, rights, consents, releases and permissions to use and to authorize SPYNTYX and all Users to use your User Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by SPYNTYX and its Terms of Service; (B) your User Submissions do not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (2) slander, defame, or libel any other person; (3) contain any viruses, adware, spyware, worms, or other malicious code.
You retain all your ownership rights in your User Submissions. However, you hereby, though, distributing or disseminating User Submissions through the SPYNTYX Services, grant to SPYNTYX and its successor a perpetual worldwide, non-exclusive, freely transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, create derivative works, distribute, compress or convert for streaming, and otherwise exploit your User Submissions, in any media formats and through any media channels, in order to publish and promote such User Submissions in connection with services offered or to be offered by SPYNTYX. Such license will apply to any form, media, or technology now known or hereafter developed. For the avoidance of doubt, the foregoing license includes, but is not limited to, the right to reproduce, distribute, display, perform, make derivative works from or otherwise exploit your User Submissions in proximity with or in connection with any third party content.
SPYNTYX may rely on advertisers to help fund the SPYNTYX Service. You agree that SPYNTYX may display advertisements and promotions of all kinds in and with the SPYNTYX Service. You understand that SPYNTYX may have agreements with Web sites including revenue sharing from advertising or transactions, and new user bounties. You understand that you are not entitled to any benefits received by SPYNTYX related to such advertisements or promotions. You further understand that you may not sell, upload, or display advertisements, promotions, or solicitations of business in and with the SPYNTYX Service.
SPYNTYX will always have the right to use and display your name and likeness for advertising, publicizing, and exploiting SPYNTYX and the SPYNTYX Service.
By distributing or disseminating User Submissions through the SPYNTYX Service, you hereby grant to each user of the SPYNTYX Service that is authorized to access your User Submissions a personal, non-commercial, non-transferable, non-exclusive license to access and view your User Submissions while it is available for access through the SPYNTYX platform.
VII. Your Use of User Submissions through the SPYNTYX Services.
You understand that when using the SPYNTYX Service, you will be exposed to User Submissions from a variety of sources, and that SPYNTYX is not responsible for the accuracy, usefulness, safety, or intellectual property rights (except as otherwise explicitly stated) of or relating to such User Submissions or other content. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SPYNTYX with respect thereto. SPYNTYX does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and SPYNTYX expressly disclaims any and all liability in connection with the User Submissions. YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST SPYNTYX WITH RESPECT THERETO AND AGREE TO INDEMNIFY AND HOLD SPYNTYX, ITS OWNERS/OPERATORS, AFFILIATES, SUPPLIERS, AND/OR LICENSORS HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO USER SUBMISSIONS AND YOUR USE OF THE SPYNTYX SERVICE.
User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the SPYNTYX Services. User Submissions are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the SPYNTYX Services or otherwise as prohibited under the Terms of Service. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the SPYNTYX Services.
You agree not to circumvent, disable or otherwise interfere with security-related features of the SPYNTYX Services or features that prevent or restrict use or copying of any User Submissions or enforce limitations on use of the SPYNTYX Services or the User Submissions therein.
If you elect to access any component of the SPYNTYX Services for which there is a fee, you agree to pay all fees and charges associated with your account on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card or selected payment method. Each user agrees to maintain valid credit card and payment method information as part of your account information when applicable.
You understand that all purchases sold on through the SPYNTYX Services are final and non-refundable, except, in our sole and absolute discretion and are a limited license to view SPYNTYX Performances and purchase other virtual or tangible items and are not a cash account or equivalent.
VIII. Parental advisory.
IX. Prohibited Conduct.
BY USING THE SPYNTYX SERVICE YOU AGREE NOT TO:
- Use the SPYNTYX Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the SPYNTYX Service as such services are offered by SPYNTYX.
- Post, upload, or distribute any defamatory, libelous, or inaccurate User Submissions or other content.
- Assume a misleading or false identity in connection with your User Submissions.
- Post, upload, or distribute any User Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, hateful, racially or ethnically offensive, or otherwise inappropriate.
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the SPYNTYX Service accounts of others without permission.
- Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the SPYNTYX Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
- Use of the SPYNTYX Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the SPYNTYX Service or User Submissions, features that prevent or restrict use or copying of any content accessible through the SPYNTYX Service, or features that enforce limitations on the use of the SPYNTYX Service or User Submissions.
- Use any robot, spider, scraper, or other automated means to access the SPYNTYX Service for any purpose or bypass any measures SPYNTYX may use to prevent or restrict access to the SPYNTYX Service.
- Probe or attempt to probe, scan, or test the vulnerability of the SPYNTYX system or platform or breach security authentication measures without proper authorization.
- Interfere or attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing",
- Manipulate identifiers in order to disguise the origin of any User Submissions transmitted through the Service; or interfere with or disrupt the SPYNTYX Service or servers or networks connected to the SPYNTYX Service, or disobey any requirements, procedures, policies or regulations of networks connected to the SPYNTYX Service.
Violations of system or network security or inappropriate conduct may result in civil or criminal liability. SPYNTYX will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement entities in prosecuting users who are involved in such violations.
X. Account, Subscription and Purchases
Users registering for the SPYNTYX Service and uploading content must be at least eighteen (18) years of age. When you use the SPYNTYX Service to upload and/or download or purchase content or any products, services, or information from SPYNTYX, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to SPYNTYX on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure, then you agree to immediately notify SPYNTYX. You may be liable for the losses incurred by SPYNTYX or others due to any unauthorized use of your SPYNTYX Service account.
The Services may allow you to access digital content on a pay per view basis, subscription basis, or purchases. The basis on which digital content is available on the Services will be indicated on the product detail page for which you may purchase the digital content. Subject to your payment of any applicable fees, purchases, subscriptions or pay per view, SPYNTYX grants you a non-exclusive, non-transferrable, personal, non-sub licensable, limited right and license to view the stream based upon the applicable fees, purchases, subscriptions, rent or pay per view selected by you.
SPYNTYX reserves the right to offer its services or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.
XI. User Comments and Suggestions
While SPYNTYX values user feedback, please be specific in your comments and do not submit creative ideas, inventions, or suggestions.
If, despite our request, users send creative ideas, inventions, or suggestions, all such submission shall be the property of SPYNTYX in whole or in part. SPYNTYX shall own exclusively all now known or later discovered rights to the submissions and shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without compensation to users or any other third party.
No part of the submissions shall be subject to any obligation of confidence and SPYNTYX shall not be liable for any use or disclosure.
XII. Third-Party Sites, Products and Services; Links.
The SPYNTYX Service may include links or references to other Web sites or services to Users (“Third Party Sites”). SPYNTYX does not endorse any such Third-Party Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SPYNTYX Service are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third Party Sites is solely at your own risk.
XIII. Termination; Terms of Service Violations.
You agree that SPYNTYX, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with SPYNTYX or your use of the SPYNTYX Service and remove and discard all or any part of your account, user profile, and any User Submissions, at any time. SPYNTYX may also in its sole discretion and at any time discontinue providing access to the SPYNTYX Service, or any part thereof, with or without notice. You agree that any termination of your access to the SPYNTYX Service or any account you may have or portion thereof may be effected without prior notice, and you agree that SPYNTYX will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SPYNTYX may have at law or in equity.
Your only remedy with respect to any dissatisfaction with the SPYNTYX Service, any term of the Terms of Service, any policy or practice of SPYNTYX in operating the SPYNTYX Service, or any content or information transmitted through the SPYNTYX Service, is to terminate the Terms of Service and your account. You may terminate the Terms of Service at any time by discontinuing use of any and all parts of the SPYNTYX Service.
You agree to indemnify, save, and hold SPYNTYX, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the SPYNTYX Service, any violation by you of the Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. SPYNTYX reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SPYNTYX, and you agree to cooperate with SPYNTYX's defense of these claims. SPYNTYX will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
XV. Disclaimers; No Warranties.
No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPYNTYX, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPYNTYX OR THROUGH THE SPYNTYX SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION, THE TERM SPYNTYX INCLUDES SPYNTYX'S OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
“As is” and “As available” and “With All Faults”. YOU EXPRESSLY AGREE THAT THE USE OF THE SPYNTYX SERVICE IS AT YOUR SOLE RISK. THE SPYNTYX SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING USER SUBMISSIONS), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SPYNTYX SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Service Operation and User Submissions. SPYNTYX, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SPYNTYX SERVICE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Accuracy. SPYNTYX, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SPYNTYX SERVICES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SPYNTYX SERVICES OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Uploaded Content. THE SECURITY MEASURES TO PROTECT USER SUBMISSIONS USED BY SPYNTYX HEREIN ARE WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
Internet Interruption and Web Site Contamination. SPYNTYX IS NOT RESPONSIBLE TO USER FOR ANY INTERRUPTION OF ACCESS TO THE SPYNTYX WEB SITE FOR ANY REASON, OR FOR CONTAMINATION, VIRUS, OR INFECTION THAT CAUSES DAMAGES TO USER’S CONTENT UPLOADED ONTO THE SPYNTYX WEB SITE. SPYNTYX IS NOT RESPONSIBLE FOR ANY LOSS OF REVENUE OR GOODWILL TO USER DUE TO ANY INTERRUPTION OR CONTAMINATION OR DUE TO ANY OTHER REASON, INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO USER’ S REPUTATION THAT MAY RESULT.
Transmission of Data. THE TRANSMISSION OF DATA OR INFORMATION INCLUDING COMMUNICATIONS BY E-MAIL OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, SPYNTYX DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE USERS MAY EXPERIENCE OR COSTS USERS MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL. IN NO EVENT WILL SUCH DATA OR INFORMATION BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS ON SPYNTYX’S PART, OR RESULT IN ANY LIABILITY TO YOU IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED OR ACCESSED BY THIRD PARTIES WITHOUT CONSENT.
Storage of information. SPYNTYX TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE SERVICES AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION. NOR IS SPYNTYX RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND ’PYNTYX’s CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION
XVI. Limitation of Liability and Damages.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SPYNTYX OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER SUBMISSIONS) ON THE SPYNTYX SERVICES OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH SPYNTYX, EVEN IF SPYNTYX OR A SPYNTYX AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages. IN NO EVENT WILL SPYNTYX OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SPYNTYX SERVICES OR YOUR INTERACTION WITH OTHER SPYNTYX SERVICES USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SPYNTYX SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Third Party Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SPYNTYX AND RECEIVED THROUGH OR ADVERTISED ON THE SPYNTYX SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.
Notice. SPYNTYX may provide you with notices by email, regular mail or postings on the SPYNTYX Service. Notice will be deemed given twenty-four hours after email is sent, unless SPYNTYX is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the SPYNTYX Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the SPYNTYX Service is deemed given 24 hours following the initial posting. Notwithstanding the foregoing, your continued use of the SPYNTYX Service after the posting of any changes to the Terms of Service constitutes your binding acceptance of such changes.
Communications. By using the SPYNTYX Services you consent to receive electronic communications from SPYNTYX. These communications will include, emails about account, password, access, marketing, transactional and other information related to the Services and to your account.
Relationship between the parties. Nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship between users and SPYNTYX.
Unauthorized Use. SPYNTYX reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the SPYNTYX Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Waiver. The failure of SPYNTYX to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by SPYNTYX.
Governing Law. These Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms of Service or SPYNTYX will be filed only in the state or federal courts in and for San Juan, Puerto Rico, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Severability. If any provision of the Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SPYNTYX without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
Survival. Upon termination of the Terms of Service, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms of Service, and will not be deemed to limit or affect any of the provisions hereof.
Claims. YOU AND SPYNTYX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SPYNTYX PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. The services are offered by UNITED AGAIN, LLC