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TERMS OF USE AGREEMENT
ELIGIBILITY
TERM
NON COMMERCIAL USE BY MEMBERS
PROPRIETARY RIGHTS IN CONTENT ON SPEVCON.COM
CONTENT POSTED ON THE SITE
COPY RIGHT POLICY
MEMBER DISPUTES
PRIVACY
DISCLAIMERS
LIMITATION ON LIABILITY
U.S. EXPORTS CONTROL
DISPUTES
INDEMNITY
OTHER
Spevcon.com Terms of Use Agreement ^
Welcome to Spevcon.com, the most comprehensive online directory for special
event contacts owned and operated by Diamond Entertainment Industries,
Inc. By using the Spevcon.com Website (the "Website") you agree
to be bound by these Terms of Use (this "Agreement"), whether
or not you register as a customer (the “Customer”) or talent/vendor
(the “Talent/Vendor”). If you wish to become a Customer and/or
Talent/Vendor and make use of the Spevcon.com service (The “Service”),
read these Terms of Use and indicate your acceptance when registering
as a Customer
or as a Talent/Vendor
contact.
This Agreement sets out the legally binding terms of your use of the
Website and your membership in the Service and may be modified by Spevcon.com
from time to time, such modifications to be effective upon posting by
Spevcon.com on the Website. This Agreement includes Spevcon.com’s
Acceptable Use Policy for Content Posted on the Website, Spevcon.com’s
Privacy Policy, and any notices regarding the Website. You may also receive
a copy of this Agreement by emailing us at: service@spevcon.com, Subject:
Terms of Use Agreement.
1. Eligibility ^
You must be eighteen or over to register as a member of Spevcon.com or
use the Website. Membership in the Service is void where prohibited. By
using the Website, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by all
of the terms and conditions of this Agreement.
2. Term ^
This Agreement will remain in full force and effect while you use the
Website and/or are a Member. As a vendor/talent contact, you may request
to have your information removed from the site by emailing a request to
service@spevcon.com. Spevcon.com
may terminate your membership for any reason, effective upon sending notice
to you at the email address you provide in your application for membership,
or such other email address as you may later provide to Spevcon.com. If
Spevcon.com terminates your membership in the Service because you have
breached the Agreement, you will not be entitled to any refund of unused
subscription fees. Even after membership is terminated, this Agreement
will remain in effect. Even after this Agreement is terminated, certain
provisions will remain in effect, including sections 4, 5, 7 and 8-13
of this Agreement.
3. Non Commercial Use by Members ^
The Website is for the personal use of individual Members only and may
not be used in connection with any commercial endeavors. Illegal and/or
unauthorized uses of the Website, including collecting usernames and/or
email addresses of members by electronic or other means for the purpose
of sending unsolicited email and unauthorized framing of or linking to
the Website will be investigated, and appropriate legal action will be
taken, including without limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content on Spevcon.com ^
Spevcon.com owns and retains all proprietary rights in the Website and
the Service. The Website contains the copyrighted material, trademarks,
and other proprietary information of Spevcon.com, and its licensors. Except
for that information which is in the public domain or for which you have
been given written permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
5. Content Posted on the Site ^
- You understand and agree that Spevcon.com may review and delete any
content, messages, photos or profiles (collectively, "Content")
that in the sole judgment of Spevcon.com violate this Agreement or which
might be offensive, illegal, or that might violate the rights, harm,
or threaten the safety of Members.
- You are solely responsible for the Content that you publish or display
(hereinafter, "post") on the Service, or transmit to other
Members.
- By posting Content to any public area of Spevcon.com, you automatically
grant, and you represent and warrant that you have the right to grant,
to Spevcon.com an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, and distribute such
information and content and to prepare derivative works of, or incorporate
into other works, such information and content, and to grant and authorize
sublicenses of the foregoing.
- The following is a partial list of the kind of Content that is illegal
or prohibited on the Website. Spevcon.com reserves the right to investigate
and take appropriate legal action in its sole discretion against anyone
who violates this provision, including without limitation, removing
the offending communication from the Service and terminating the membership
of such violators. It includes Content that: · is patently offensive
to the online community, such as Content that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain
letters," or unsolicited mass mailing or "spamming";
- promotes information that you know is false, 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;
- contains restricted or password only access pages, or hidden
pages or images (those not linked to or from another accessible
page);
- provides material that is of pornographic and/or provocative
nature;
- provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone’s
privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising,
and pyramid schemes.
- You must use the Service in a manner consistent with any and all applicable
laws and regulations.
- You may not engage in advertising to, or solicitation of, other Members
to buy or sell any products or services through the Service. You may
not transmit any chain letters or junk email to other Members. Although
Spevcon.com cannot monitor the conduct of its Members off the Website,
it is also a violation of these rules to use any information obtained
from the Service in order to harass, abuse, or harm another person.
6. Copyright Policy ^
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights.
7. Member Disputes ^
You are solely responsible for your interactions with other Spevcon.com
Members. Spevcon.com reserves the right, but has no obligation, to monitor
disputes between you and other Members.
8. Privacy ^
Use of the Website and/or the Service is also governed by our Privacy
Policy.
9. Disclaimers ^
Spevcon.com is not responsible for any incorrect or inaccurate Content
posted on the Website or in connection with the Service, whether caused
by users of the Website, Members or by any of the equipment or programming
associated with or utilized in the Service. Spevcon.com is not responsible
for the conduct, whether online or offline, of any user of the Website
or Member of the Service. Spevcon.com 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, user or Member communications. Spevcon.com
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 email or players on account of technical
problems or traffic congestion on the Internet or at any Website or combination
thereof, including injury or damage to users and/or Members or to any
other person's computer related to or resulting from participating or
downloading materials in connection with the Web and/or in connection
with the Service. Under no circumstances will Spevcon.com be responsible
for any loss or damage, including personal injury or death, resulting
from anyone's use of the Website or the Service, any Content posted on
the Website or transmitted to Members, or any interactions between users
of the Website, whether online or offline. The Website and the Service
are provided "AS-IS" and Spevcon.com expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. Spevcon.com
cannot guarantee and does not promise any specific results from use of
the Website and/or the Service.
10. Limitation on Liability ^
Except in jurisdictions where such provisions are restricted, in no event
will Spevcon.com be liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or punitive damages, including
also lost profits arising from your use of the Web site or the Service,
even if Spevcon.com has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Spevcon.com’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 Spevcon.com for the Service during the term of membership.
11. U.S. Export Controls ^
Software from this Website (the “Software”) is further subject
to United States export controls. No Software may be downloaded from the
Website or otherwise exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other
Country to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By downloading or using
the Software, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on any
such list.
12. Disputes ^
If there is any dispute about or involving the Website and/or the Service,
by using the Website, you agree that the dispute will be governed by the
laws of the State of Florida without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the state and federal
courts of the State of Florida, City of Pompano Beach.
13. Indemnity ^
You agree to indemnify and hold Spevcon.com, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the Service
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.
14. Other ^
This Agreement, accepted upon use of the Website and further affirmed
by becoming a Member of the Service, contains the entire agreement between
you and Spevcon.com regarding the use of the Website and/or the Service.
If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect.
Please contact us with any questions
regarding this agreement. Spevcon.com is a trademark of Diamond Entertainment
Industries, Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.
Click here to register with Spevcon.com
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