Terms of Service

 

 

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE IN ANY MANNER.

Effective date: 8/20/18

Welcome to Spur Interactiv. These Terms of Service (“Terms”) govern your use of our website at www.spurinteractiv.com (the “Website”), but they don’t govern your use of our data analysis products and services (collectively, our “Services”), even though those Services may be available through a login page on the Website. Use of the Services is governed by a different agreement.

These Terms are a binding contract between you and Dariam Group LLC d/b/a Spur Interactiv (“Spur,” “we” and “us”). Your using the Website in any way means that you agree to all of these Terms. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Website. If you use the Website after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. If you have any questions, comments, or concerns regarding these terms or the Website, please contact us at info@spurinteractiv.com.

What about my privacy?

For the current Spur Privacy Policy, please click here; again, please note the Privacy Policy only applies to that limited information collected on the Website and not to information collected through our Services (including any information submitted in the Services signup or login process that may occur on a page on the Website). We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to send any personal information about yourself to us.

Website Restrictions

Do not use or otherwise interact with the Website in a way that:

Infringes or violates the intellectual property rights or any other rights of anyone else (including Spur);

Violates any law or regulation, including any applicable export control laws;

Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

Violates the security of any computer network, or cracks any passwords or security encryption codes;

Runs Maillist, Listserv, any form of auto-responder or “spam” on the Website, or that otherwise interferes with the proper working of the Website;

“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Website (through use of manual or automated means);

Copies or stores any significant portion of the Website;

Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Website.

Do I have to grant any licenses to Company or to other users?

The Website may allow you to submit data or information in a manner that other users of the Website can view (for example, you may leave a comment in response to a blog post) (collectively, “User Submissions”). You hereby grant us a non-exclusive, worldwide, royalty-free, transferable right to fully exploit your User Submissions and allow others to do so. Note that the foregoing is subject to our Privacy Policy to the extent it relates to User Submissions that are also your personally-identifiable information.

Copyright and Trademarks

Spur is the owner or authorized user of any trademarks, registered trademarks, service marks, copyrightable material, and other intellectual property, including but not limited to any and all graphics, text, user interfaces, photographs, visual interfaces, sounds, art, music, computer code, and screens appearing on the Website (collectively, “Website Content”). By placing the Website Content on the Website, Spur does not grant you any license or other authorization to use the Website Content. You may view, print, and download portions of the Website Content solely in connection with your use of the Website and for your own personal use. Spur reserves the right to revoke this authorization at any time. Reproduction, copying, or redistribution of the Website Content for commercial purposes is strictly prohibited without the express written consent of Spur. If you print or copy any Website Content, you agree not to change or delete any proprietary notices or trademarks from such Website Content.

Except as set forth herein, you are not permitted to modify, transmit, copy, reproduce, distribute, transfer, publish, license, create derivative works from, use on any other website or sell any Website Content. You may not view, copy, reverse engineer, decompile, disassemble, or otherwise attempt to examine the Website source code. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the services offered on or through the Website, by hacking or any other illegal means.

You may use information about Spur’s services, such as whitepapers or similar articles, that Spur makes available for downloading from the Website, provided that you agree not to (a) amend any of the information; (b) change or delete any proprietary notices or trademarks from such information; and (c) use such information only for your personal, non-commercial use and do not copy or post such information on any media.

Who is responsible for what I see and do on the Website?

Any information or content publicly posted or privately transmitted through the Website is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. You hereby release us from all liability for you having acquired or not acquired Content through the Website. We can’t guarantee the identity of any users with whom you interact in using the Website and are not responsible for which users gain access to the Website. You are responsible for all Content you contribute, in any manner, to the Website, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activity in connection with the Website.

The Website may contain links or connections to third party websites or services that are not owned or controlled by Spur. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Spur is not responsible for such risks. We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize. By using the Website, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

If there is a dispute between participants on the Website, or between users and any third party, you agree that Spur is under no obligation to become involved and you release Spur, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

You agree to indemnify and hold Spur, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, damages, losses and expenses (including attorneys’ fees) arising from or related to your use of the Website and/or your violation of these Terms.

We may suspend or discontinue any part of the Website, and we reserve the right to remove any Content from the Website at any time, for any reason and without notice.

What if I want to stop using the Website?

While you may stop using the Website at any time, please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Website. Spur may also require you cease using the Website at any time, in our discretion.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes.

Governing Law and Jurisdiction

These Terms are governed by and will be construed under the laws of the State of Indiana, without regard to the conflicts of laws provisions thereof. Spur and you hereby consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Marion County, Indiana, or the Southern District of Indiana.

What else do I need to know?

Warranty Disclaimer. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE WEBSITE AND CONTENT ARE PROVIDED BY SPUR ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL SPUR (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE IN CONNECTION WITH THE WEBSITE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE HUNDRED DOLLARS ($100) (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.

Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Spur agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Spur, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms (provided that if you are (or become) a party to an Agreement with Spur with respect to your use of the Services (the “Master Services Agreement”), the Master Services Agreement remains in full force and effect with respect to the subject matter thereunder). You are not an employee, agent, partner, or joint venture of Spur, and you do not have any authority of any kind to bind Spur in any respect whatsoever. There are no third party beneficiaries intended under these Terms.

Last updated: 8/20/18