Terms of Use Agreement
Last Revision:
March 30, 2011
This Agreement includes Spruz's policy for acceptable use of the
Spruz Services and Content posted on the Northbay Madison Website, your rights,
obligations and restrictions regarding your use of the Spruz Services and
Northbay Madison's Privacy Policy. The services offered by
Northbay Madison include the Spruz website, and any other features,
content, or applications offered from time to time by Spruz
.
Spruz may modify this Agreement from time to time and any change in
this agreement shall be effective upon posting on the Northbay Madison Website
without prior notice. You agree
to be bound to any changes to this Agreement when you use the Northbay Madison
website
after any modification is posted. You are required to check this agreement regularly to ensure you are updated as to any changes.
Special Personal Profile Restrictions
Please choose carefully the information you post on Northbay Madison and that
you provide to other Users. Northbay Madison may not post publicly the following
items to your personal page unless it is required by a design component of the Spruz
website: telephone numbers, street addresses, and any photographs
excessively violent, harassing, containing nudity, or obscene, lewd, sexually
explicit or otherwise inappropriate subject matter. Despite this prohibition,
information provided by other Northbay Madison Members (for instance, in their
Profile) may contain inaccurate, inappropriate, products or services, offensive or sexually explicit
material, and Spruz assumes no responsibility or
liability for this material.
Northbay Madison reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including private messages) by you, or to restrict,
suspend, or terminate your access to all or any part of the Northbay Madison
website at
any time, for any reason, without prior notice, and without
liability.
- Eligibility. Use of and Membership on the Northbay Madison
website is void where prohibited. By using the Northbay Madison website, you
represent and warrant that;
- All registration information you submit is truthful and accurate.
- You will maintain the accuracy of such information.
- You are 13 years of age or older; born on or before 9/11/2011.
- Your use of the
Northbay Madison website does not violate any applicable federal or state law
and/or regulation.
- Your
profile may be deleted and your Membership may be terminated without
warning, if we believe that you are under 13 years of age.
- Term. This Agreement shall remain in full force and
effect while you use the our services, or are a member of Northbay Madison. Spruz may
terminate your membership or site access at any time, without warning. Even after
Membership is terminated, this Agreement will remain in effect, including
sections 5-15.
- Content/Activity Prohibited. The following is a partial
list of the kind of Content that is illegal or prohibited to post on
Northbay Madison or
through the Spruz Services. Spruz reserves the right to
investigate and take appropriate legal action against anyone submitting,
posting, linking or in any way displays prohibited content on Spruz
Services.
Restricted/Prohibited Content:
- Harasses or advocates harassment of another person;
- is patently offensive and promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a
link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or
promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links
to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
- involves the transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- furthers or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for
unlawful purposes from other Users;
The following is a partial list of the kind of activity that is illegal
or prohibited on the Northbay Madison Website and through your use of the Spruz
Services. Northbay Madison reserves the right to investigate and take appropriate
legal action against anyone who, in Northbay Madison's sole discretion, violates
this provision, including without limitation, reporting you to law
enforcement authorities. Prohibited activity includes, but is not limited
to:
- criminal activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment,
stalking, spamming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring the any advertisements we may place on your
personal profile page;
- any automated use of the system, such as using scripts to post comments
or messages;
- attempting to impersonate another Member or person;
- interfering with, disrupting, or creating an undue burden on the
Spruz Services or the networks or services connected to the Spruz
Services;
- using the account, username, or password of another Member at any
time or disclosing your password to any third party or permitting any
third party to access your account;
- using any information obtained from the Spruz Services in order to
harass, abuse, or harm another person;
- displaying an advertisement on your profile; or
- using the Northbay Madison Services in a manner inconsistent with any and all
applicable laws and regulations.
- Password. When you create your account, you will be asked to choose a password.
Your password is designed for only you to know. You agree not to use the
account, username, or password of another registered member at any time. You agree to notify Spruz
immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your
account.
- Content Posted.
- Northbay Madison may delete any Content that in the sole judgment of
Northbay Madison violates this Agreement or which may be offensive, illegal
or violate the rights, harm, or threaten the safety of any person.
Spruz Inc. assumes no responsibility for monitoring the Northbay Madison
website for inappropriate Content or conduct.
- You are solely responsible for the Content that you post to or
on any of the Northbay Madison website. Spruz does not endorse and has no control over the Content.
Content is not necessarily reviewed by Northbay Madison prior to posting and
does not necessarily reflect the opinions or policies of Spruz.
Northbay Madison makes no warranties, express or implied, as to the Content
or to the accuracy and reliability of the Content or any material or
information that you transmit to other Members.
- Copyright Policy. You may not post, modify, distribute,
or reproduce in any way any copyrighted material, trademarks, or other
proprietary information belonging to
Spruz, members or posted
on
Spruz hosted sites without obtaining the prior
written consent of the owner of such proprietary rights. It is the policy of
Spruz to terminate access privileges of any one who repeatedly
infringes the copyright rights of others upon receipt of proper notification
to Spruz by the copyright owner or the copyright owner's legal
agent.
- Member Disputes. You are solely responsible for your
interactions with other Northbay Madison Members. Northbay Madison or Spruz Inc reserves the right,
but has no obligation, to monitor disputes between you and other Members.
- Privacy. Use of the Spruz Services
or Northbay Madison website is also governed
by our Privacy Policy, which is incorporated into this Agreement by this
reference.
- Disclaimers. Spruz is not responsible for any
incorrect or inaccurate Content posted on the Northbay Madison Website or in
connection with the Spruz Services, whether caused by Users of the Spruz
Services or by any of the equipment or programming associated with or
utilized in the Spruz Services. Profiles created and posted by Members on
the Northbay Madison Website may contain links to other websites. Spruz is not
responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or checked
for accuracy or completeness by Spruz. Inclusion of any linked website
on the Northbay Madison Services does not imply approval or endorsement of the linked
website by Spruz. When you access these third-party sites, you do so
at your own risk. Spruz takes no responsibility for
third party advertisements which are posted on Northbay Madison Website or through the
Spruz Services, nor does it take any responsibility for the goods or
services provided by its advertisers. Spruz is not responsible for the
conduct, whether online or offline, of any User of the Spruz Services.
Spruz assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of,
any User or Member communication. Spruz is not responsible for any
problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic
congestion on the Internet or on any of the Spruz Services or combination
thereof, including any injury or damage to Users or to any person's computer
related to or resulting from participation or downloading materials in
connection with the Spruz Services. Under no circumstances shall
Spruz be responsible for any loss or damage, including personal injury
or death, resulting from use of the Spruz Services, attendance at a
Spruz event, from any Content posted on or through the Spruz
Services, or from the conduct of any Users of the Spruz Services, whether
online or offline. The Spruz Services are provided "AS-IS" and as
available and Spruz expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. Spruz cannot guarantee and
does not promise any specific results from use of the Spruz Services.
- Disputes. If there is any dispute about or involving
the Spruz Services, you agree that the dispute shall be governed by the
laws of the State of Tennessee, USA, without regard to conflict of law
provisions and you agree to exclusive personal jurisdiction and venue in the
state and federal courts of the United States located in the State of
Tennessee, City of Knoxville.
- Copyright infringement. If you believe that your work has been
copied and posted on the Spruz Services in a way that constitutes
copyright infringement, please provide our Copyright Agent with the
following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (ii) a
description of the copyrighted work that you claim has been infringed; (iii)
a description of where the material that you claim is infringing is located
on the Spruz Services; (iv) your address, telephone number, and email
address; (v) a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent,
or the law; (vi) a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf. Spruz's
Copyright Agent for notice of claims of copyright infringement can be
reached as follows: Copyright Agent, Spruz Inc., PO Box 1520,
Seymour, TN 37865; Attn: Copyright Agent; and
email: copyright@spruz.com.
- Limitation on Liability. IN NO EVENT SHALL Spruz
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Spruz HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, Spruz'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Spruz FOR THE Spruz
SERVICES DURING THE TERM OF MEMBERSHIP.
- Indemnity. You agree to indemnify and hold Spruz Inc,
its subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Spruz Services in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above and/or if any Content
that you post on the Spruz Website or through the Spruz Services causes
Spruz to be liable to another.
- Other. This Agreement is accepted upon your use of the
Spruz Website or any of the Spruz Services and is further affirmed by
you becoming a Member. This Agreement constitutes the entire agreement
between you and Spruz regarding the use of the Spruz Services. The
failure of Spruz to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no legal
or contractual effect. Spruz is a trademark of Spruz, Inc. This
Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
BY READING THIS AGREEMENT OR REGISTING AN ACCOUNT ON THIS WEBSITE YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS
HEREIN.
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