1. Your Acceptance
2. Spotflux Web Site; End Users; Technology
3. Services and Technology Access; End User Accounts; Termination
C. You agree not to use or launch any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., that accesses the Web Site in a manner that sends more requests or messages to the Spotflux Network or the Spotflux Servers (each, as defined below) in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally-identifiable information, including, without limitation, Account names and/or other Account information of End Users, from the Web Site. You agree not to solicit, for commercial purposes, any End User with respect to their Materials or otherwise. You agree not to interfere with or disrupt the online network, web-based and/or peer-to-peer systems used to provide or deliver the Services (collectively, the “Spotflux Network”), or any computer servers connected to, or utilized in connection with, the Spotflux Network, including, without limitation, the servers of Spotflux’s third-party contractors (collectively, the “Spotflux Servers”).
4. Intellectual Property Rights
A. The Spotflux technology permits the publishing, transmittal, distribution, and receipt in digital format over the Internet of graphic, audio, audiovisual, and written materials and other digital media and content (collectively, “Materials”) by End Users who execute the Services Agreement electronically by installing our technology. In the event that you execute the Services Agreement in such manner, the following Subsections B and C shall apply to you.
C. In connection with your Materials, and otherwise in connection with your use of the Web Site and/or the Services, you agree that you will comply at all times and in all respects with Spotflux’s Acceptable Use Policy which is set forth in the Services Agreement.
D. If you are a copyright owner or an agent thereof and believe that any Materials or other content transmitted or routed through the Spotflux Network by a third-party utilizing the Services infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing (See 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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 Spotflux to locate the Material or the infringing user;
(iv) Information reasonably sufficient to permit Spotflux to contact you, such as an address, telephone number, and, if available, an email address;
(v) A statement that you have a good faith belief that use of the applicable Materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification 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.
Spotflux's designated Copyright Agent to receive notifications of claimed infringement is: Attn: DMCA Complaint, 110 Kent Ave, Suite 3 Brooklyn, New York 11211 - USA (firstname.lastname@example.org). For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Spotflux customer service at the following email address: email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid under applicable law. In addition, since the Spotflux Network allows only for Transitory Digital Network Communications (as defined in Section 512 (a) of the DMCA), Spotflux follows the legal rules applicable to those service providers that fall within the scope of such Section 512 (a).
E. You understand that, when using the Spotflux Web Site, the Technology, and/or the Services, you will be exposed to Materials from a variety of sources, and that Spotflux is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials, and that Spotflux does not actively monitor the content of such Materials when transmitted over the Spotflux Network. You further understand and acknowledge that you may be exposed to Materials that are inaccurate, offensive, indecent, or objectionable, including, without limitation, sexually explicit text and images, pro-religious and anti-religious debate, questionable political views and hateful speech, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Spotflux with respect thereto. In addition, if your Materials are posted and/or transmitted on the Network, you understand and agree that visitors to the Web Site may comment freely on such Materials. Spotflux shall not have any liability to you or to any Third-Party in connection with any such comments (which you understand may not be favorable). You understand and agree that you shall not have any rights or claims arising from or concerning any such comments and you hereby irrevocably waive any such rights and/or claims to the extent that they exist or arise in the future.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEB SITE, THE SERVICES, THE TECHNOLOGY AND THE SPOTFLUX MATERIALS SHALL BE AT YOUR SOLE RISK. THE SPOTFLUX NETWORK, TECHNOLOGY, AND THE SERVICES ARE PROVIDED ON AND “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPOTFLUX, ITS OFFICERS, DIRECTORS, EMPLOYEES, THIRD-PARTY LICENSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE, THE SPOTFLUX NETWORK, THE SERVICES, AND THE SPOTFLUX MATERIALS AND YOUR USE THEREOF. SPOTFLUX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE FOREGOING (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT). SPOTFLUX MAKES NO WARRANTY THAT THE SPOTFLUX NETWORK OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE SPOTFLUX NETWORK OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
YOU ACKNOWLEDGE THAT ACCESS TO MATERIALS AND DATA (INCLUDING, WITHOUT LIMITATION, AUDIO AND AUDIOVISUAL FILES, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) TRANSMITTED OR PUBLISHED BY YOU OR OTHERS ON THE SPOTFLUX NETWORK IS NOT GUARANTEED AND THAT SPOTFLUX WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF MATERIALS OR DATA CAUSED BY THE SPOTFLUX NETWORK OR ITS UNAVAILABILITY. SPOTFLUX MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SPOTFLUX NETWORK OR THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SPOTFLUX NETWORK OR SERVICES, OR THAT DEFECTS IN THE SPOTFLUX NETWORK OR SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIALS AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SPOTFLUX NETWORK AND/OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGES ARISING THEREFROM.
SPOTFLUX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE, THE SERVICES OR THE SPOTFLUX MATERIALS, OR THE CONTENT OF ANY WEB SITES LINKED TO THE WEB SITE, AND SPOTFLUX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, THE SERVICES, OR THE SPOTFLUX MATERIALS (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SPOTFLUX SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF MATERIALS, DATA, CONTENT, OR DIGITAL MEDIA IN ANY FORM OR FORMAT TO OR FROM THE WEB SITE OR UTILIZING THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE LOCATED WITHIN OR TRANSMITTED TO OR THROUGH THE WEB SITE OR UTILIZING THE SERVICES BY ANY THIRD-PARTY OR OTHERWISE, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPOTFLUX WEB SITE, THE SPOTFLUX NETWORK OR UTILIZING THE SERVICES. SPOTFLUX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SPOTFLUX WEB SITE OR ANY HYPERLINKED WEB SITE, OR FEATURED IN ANY BANNER, FRAME OR OTHER ADVERTISING ON THE SPOTFLUX WEB SITE, AND SPOTFLUX WILL NOT IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
7. Limitation of Liability
IN NO EVENT, SHALL SPOTFLUX, ITS OFFICERS, DIRECTORS, EMPLOYEES, THIRD- PARTY CONTRACTORS, THIRD-PARTY LICENSORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPOTFLUX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY (IF ANY) OF SPOTFLUX, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT, OR OTHERWISE FOR ALL EVENTS, ACTS, OR OMISSIONS UNDER THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, ONE THOUSAND DOLLARS ($1,000.00). THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY IRRESPECTIVE OF WHETHER OR NOT ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT SPOTFLUX SHALL NOT BE LIABLE FOR ANY THIRD-PARTY MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY (INCLUDING, WITHOUT LIMITATION, ANY OTHER END USER OR CONTENT-PROVIDER) AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Spotflux Web Site is controlled and offered by Spotflux from its facilities in the United States of America. Spotflux makes no representations that the Spotflux Web Site is appropriate or available for use in other countries, jurisdictions or locations. Those who access or use the Spotflux Web Site from jurisdictions outside of the U.S. do so at their own volition and are responsible for compliance with any and all applicable local laws, rules, and regulations, including, without limitation, compliance with the encryption standards and data security laws (including, without limitation, all rules and regulations related thereto) of each applicable country or jurisdiction (whether the U.S. or foreign) to which they send, or from which they receive, Materials or other content using the Services.