December 8, 2008
This agreement establishes the terms and obligations that govern the legal relationship between SPNbabble and its users.
SPNbabble grants you a limited license to access the site and use its services in accordance with these Terms and Conditions. SPNbabble reserves the right to terminate the license to use this site and its services at any time and for any reason or, in the future, charge for its use commercially.
Acceptance Of Terms.
SPNbabble services are only available to persons who are at least 13 years of age or older. If you are younger, do not attempt to register for, or use, the services.
Description of Service.
SPNbabble is a free, online application from Jayde Online Inc. (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. SPNbabble disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. SPNbabble also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. SPNbabble reserves the right to refuse service to anyone at any time without notice for any reason and may terminate or suspend any and all provided services and your SPNbabble account without prior notice or liability.
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:
- use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, infringing, libelous, pornographic, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by SPNbabble;
- post, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
- prevent others from using the Service or to abuse, harass, threaten, impersonate or intimidate other SPNbabble users;
- use the Service for any fraudulent or inappropriate purpose; or
- create or submit unwanted email ("spam") to any other SPNbabble users or any URL;
- violate any laws in your jurisdiction;
- submit content or comments linking to affiliate programs, multi-level marketing schemes or other off-topic content;
- post or transmit any communication intended to obtain SPNbabble user, account or private, information;
- use any robot, spider, scraper or other automated means (excluding RSS feeds) to access the SPNbabble web site for any purpose without receiving written permission;
- act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. SPNbabble reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
The content generated by users does not represent the views and opinions of SPNbabble or its parent company, Jayde Online, Inc. SPNbabble enables links to third party sites, but the content and policies of those sites is not under our control and we are not responsible for them in any way. The inclusion of a third party link on our site and/or a description or recommendation of a third party site or service does not represent any endorsement or affiliation by SPNbabble. If you find such links or content offensive or objectionable, you agree to stop using the SPNbabble site and service.
To terminate your SPNbabble account yourself, simply discontinue using the site and Services.
Your Intellectual Property Rights.
SPNbabble does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or post in your SPNbabble account. We will not use any of your content for any purpose except to provide you with the Service.
Content that is submitted to SPNbabble.com in whatever form and by whatever means is either content provided by you from a referenced source or content that you represent and warrant as being yours. In the latter case, you agree that the content will be subject to the Creative Commons Public Domain License, available at: http://creativecommons.org/licenses/publicdomain/.
Representations and Warranties.
You represent and warrant that (a) all of the information provided by you to SPNbabble to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You agree and acknowledge that SPNbabble has no control over, and no obligation to take any action regarding: which users gain access to the site or their activity on the site; how you may use or interpret the content on the site; what effects the site content may have on you; ; or what actions you may take as a result of having been exposed to the content. You release SPNbabble from all liability for you having acquired or not acquired content through the site. The site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. SPNbabble makes no representations concerning any content contained in or accessed through the site, and SPNbabble will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the site. The service, content, and site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
You further acknowledge and agree that SPNbabble shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Limitation Of Liability.
You agree and acknowledge that SPNbabble and/or its suppliers shall not in any event be liable under contract, tort, strict liability, negligence or other legal theory (i) with respect to the site, the service or any content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services, or (ii) for any direct damages.
You agree to hold harmless and indemnify SPNbabble.com, its parent, Jayde Online Inc, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, SPNbabble will provide you with written notice of such claim, suit or action.