SP ENTERTAINMENT TERMS OF SERVICE ("Agreement")
This Agreement was last modified on February 14, 2017.
This Agreement sets forth the legally binding terms and conditions for your use of the website at www.sp-ent.com. These Terms of Service are an agreement ("Agreement", "Terms of Service") between you and SP Entertainment ("SP Ent.", "us", "we", or "our") regarding your use of the information, software, products, and services contained in or available through the SP Ent. website. Please read this Agreement carefully before using www.sp-ent.com ("the Site"), comprised of various web pages operated by SP Ent. The Site is offered to you on the condition that you accept the terms, conditions, and notices contained herein. Your use of the Site, including but not limited to contributing content or other materials to the Site, constitutes your agreement to all such terms, conditions, and notices.
This site and some of the articles on this site contain links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest and are not intended to state or imply that SP Ent. sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
SP Ent. is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.
SP Ent. reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to any charges associated with the use of the Site. SP Ent. will do one or more of the following: post those changes on this page, send an email notifying you of any changes, post information in the Town Square area with a link to the updated Terms of Service, and/or update the Terms of Service modification date above.
Please also review this Agreement periodically for changes. You understand and agree that your use of the Site after the date on which the Terms of Service have changed shall be treated as acceptance of the updated Terms of Service.
LINKS TO THIS WEBSITE
If you do create a link to a page of this website you do so at your own risk and the limitation of liability set out below will apply to your use of this website by linking to it.
LINKS TO THIRD PARTY SITES / THIRD PARTY SERVICES
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices or content of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements and terms or conditions of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. SP Ent. will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to SP Ent. that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
REGISTRATION; RULES FOR USER CONDUCT AND USE
You must to be at least 13 years old to register for and use the Site.
If you are a user who signs up for the Site, the Site will create a personalized account which includes a unique username and a password to access the Site and to receive messages from SP Ent. You agree to notify us immediately of any unauthorized use of your password and/or account. SP Ent. will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.
Upload files or other materials which violate or interfere with any copyright or trademark of another party.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another's computer.
Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Use another user’s account without permission.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data, including e-mail addresses, without consent.
Use the Site for any unlawful purpose or for the promotion of illegal activities.
When you create your own personalized account, you may be able to provide materials for the Communication Services. You are solely responsible for the material that you post, upload, link to or otherwise make available via the Site. SP Ent. has no obligation to monitor the Communication Services. However, SP Ent. reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. SP Ent. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SP Ent. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at SP Ent.'s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SP Ent. does not control or endorse the content, messages or information found in any Communication Service and, therefore, SP Ent. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Though SP Ent. strives to enforce these Terms of Service, you may be exposed to materials that are inaccurate or objectionable. SP Ent. reserves the right, but has no obligation, to monitor the materials posted to the Communication Services or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. [E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.] SP Ent. shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. SP Ent. shall remove any material which it learns violates or infringes the copyright or trademark of a third party. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of the Site, please contact us [Feedback Link].
MATERIALS PROVIDED TO SP ENT. OR POSTED AT ANY SP ENT. WEBSITE
SP Ent. does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any SP Ent. website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Submissions in any and all media or distribution methods (now known or later developed) in connection with the operation of our businesses; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SP Ent. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIMITATION OF LIABILITY
OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER INFORMATION OR CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SP ENT. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SP ENT. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SP ENT. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SP ENT. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, OR A MERCHANT OF A PRODUCT OR SERVICE THAT YOU REVIEW USING THE SITE, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SP ENT. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
SP Ent. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New Mexico, United States, without giving effect to any principles of conflicts of law.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SP Ent. as a result of this Agreement or use of the Site. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SP Ent. with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
You agree that any cause of action related to or arising out of your relationship with SP Ent. must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Site’s e-mail and messaging system will not constitute legal notice to SP Ent. or any of its officers, employees, agents or representatives in any situation where notice to SP Ent. is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from SP Ent. in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that SP Ent. provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages including information about the Site and special offers. You may opt out of such email by changing your account settings. Opting out may prevent you from receiving messages regarding the Site or special offers.
INTELLECTUAL PROPERTY NOTICE
Copyright and other relevant intellectual property rights exists on all text relating to our services and the full content of the Site.
The SP Ent. logo, the SP Ent. Paw, Katastrogon 3D: The Aeolian Order, Katastrogon 3D, K3D, the K3D logo, Raptors’ Realm, the RR Logo, Tilt: The Sport of Kings, and the Tilt logo are trademarks of SP Ent. in the United States and other countries. The brand names and specific services of SP Ent. featured on this web site are trademarked or service marked.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.