Spogg.com User Agreement

SPOGG.COM'S SERVICES ("SERVICES") INCLUDE PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROM SPOGG.COM. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST EXIT THE SITE NOW! SPOGG.COM END-USER SERVICES AGREEMENT This End-User Services Agreement ("End-User Agreement") is an agreement between you ("User") and Spogg.com ("Spogg.com"). I. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT The Services, provided by Spogg.com is provided to User under the terms and conditions of this End-User Agreement, and any amendments thereto and any operating rules or policies that may be published from time to time by Spogg.com, all of which are hereby incorporated by reference. The End-User Agreement comprises the entire agreement between User and Spogg.com and supersedes any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CHECKING THE "I ACCEPT THE SpOGG.COM TERMS AND CONDITIONS" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE END-USER AGREEMENT. II. DESCRIPTION OF SERVICES Spogg.com is providing User with any or all of the following services: (a) newsfeeds, polls and petitions, multi-player games, find a friend, electronic mail, photo sharing, personal homepage, guestbook, event handler, miscellanous communication tools; and/or (b) any other services which Spogg.com may provide in the future. These Services are provided to User at the discretion of Spogg.com. Spogg.com reserves the right to delete any User's account if such User does not keep their account in a paid status (if using paid service) or does not access their account for a period of two (2) consecutive months (if using free service). Spogg.com reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to User. User agrees that Spogg.com shall not be liable to User or any third party for any modification or discontinuance of the Services. III. USER'S REGISTRATION OBLIGATIONS User must be at least thirteen (13) years old to register for the Services. Users under the age of thirteen (13) must have their parent's or legal guardian's consent to register for the services. In consideration of use of the Services, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. This information about a User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, Spogg.com has the right to terminate User's account and refuse any and all current or future use of the Services. IV. USE OF REGISTRATION DATA User agrees Spogg.com or a designee of Spogg.com may disclose Registration Data to third parties about User and information about User's use of the Services provided that such disclosures do not include User's name, mailing address, email address, telephone number, or account number, unless User has authorized Spogg.com to disclose such information, or as required by law or legal process, or as set forth in Paragraph VIII below. The End-User Agreement includes the terms and conditions of Spogg.com's Privacy Policy, a copy of which is located at http://www.spogg.com/pages/privacy.php, and which is hereby incorporated by reference. In the event of any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence. The collection of private information from a User under the age of thirteen (13) is governed by the Children's Online Privacy Protection Act (COPPA). Spogg.com will not collect personally identifiable information from User's under the age of thirteen (13) without such User's parent's or legal guardian's consent. Spogg.com will ask for consent during the registration process, however, User's parent or legal guardian may change or revoke consent at any time upon notice to Spogg.com. V. USER CONTENT Spogg.com considers all communication transmitted via the Services to be the private correspondence of the sender. User grants Spogg.com to use, copy, publicly display, reformat, translate, excerpt (in whole or in part) and distribute User content for any purpose in connection with Spogg.com or the promotion of Spogg.com. Spogg.com will not monitor, edit or disclose the contents of a User's private communications, except that User agrees Spogg.com and its third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce the End-User Agreement; (d) to respond to claims that such contents violate the rights of third parties; (e) to protect the rights or property of Spogg.com, its third party service providers or others. User acknowledges and agrees that Spogg.com and its third party service providers do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another. VI. USERNAME, MEMBER ACCOUNT, PASSWORD AND SECURITY User will be asked to choose a username. You agree to choose a username which is unique and not obscene, unlawful or otherwise objectionable, in Spogg.com's sole discretion. User agrees to use Spogg.com usernames containing the names of colleges, universities, celebrities, entertainment properties, businesses, or teams for personal use only and not for any commercial purpose. Spogg.com shall own your complete username. User will enter a password upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities which occur under User's password or account. User agrees to immediately notify Spogg.com of any unauthorized use of User's password or account or any other breach of security. VII. INFRINGEMENT User represents that the username selected by the User does not interfere with the rights of any third party and is not being selected for any unlawful purpose. User acknowledges and agrees that if such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, Spogg.com may immediately suspend the use of such username, and User will indemnify and hold Zaplife.com harmless, in accordance with the Indemnity section below, for any claim or demand against Spogg.com that arises out of such selection. User acknowledges and agrees that neither Spogg.com nor any of its licensors shall be liable to User in the event Spogg.com is ordered or required, as a result of a court order or legal settlement, or contractual requirement with any licensor, to desist from using or permitting the use of a particular username. If as a result of such action, User loses their username, the User's sole remedy shall be the receipt of a replacement username. VIII. USER CONDUCT User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other Users. User agrees to be solely responsible for the contents of User's private communications uploaded, emailed or otherwise transmitted through the Services. User agrees (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies and regulations of networks connected to the Services; (d) not to resell the Services or use of or access to the Services; and (e) to comply with all applicable laws regarding the transmission of technical data exported from the United States. User agrees not to upload, email or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including but not limited to the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "SPAM," "chain letters," or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User agrees and acknowledges that Spogg.com may ban User from future use of the Services, even if User attempts to use the Services through another partner or under a different name. Furthermore, User agrees and acknowledges that Spogg.com may recover damages from User if User abuses these terms. IX. INDEMNITY User agrees to indemnify and hold Spogg.com and its third party service providers, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Services, User's connection to the Services, User's violation of the End-User Agreement, or User's violation of any rights of another. X. STORAGE OF COMMUNICATIONS Spogg.com and its third party service providers assume no responsibility for the deletion or failure to store email messages, pictures, communications or other content maintained or transmitted through the Services. Spogg.com may establish an upper limit on the size of data storage it will maintain for User. XI. TERMINATION a. User agrees that Spogg.com or its third party service providers may terminate User's password, account or use of the Services if Spogg.com or its third party service providers believe (a) that User has violated or acted inconsistently with the letter or spirit of the End-User Agreement; or (b) that User has violated the rights of Spogg.com or its third party service providers or other Users or parties. User further agrees that Spogg.com and its third party service providers may terminate User's password, account or use of the Services if User fails to use the Services at least one time during a reasonable period of time as determined by Spogg.com from time to time, which period shall not be less than two (2) months. b. User acknowledges and agrees that any termination of Services under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that Spogg.com may immediately delete User's account and all related information, communications and files, and bar any further access to such account, communications, files or the Services. XII. LINKS The Services may provide, or Users may include in messages, links to other websites or resources. User acknowledges and agrees that Spogg.com and its third party service providers are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. XIII. COMPANY'S PROPRIETARY RIGHTS User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Spogg.com or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization. XIV. DISCLAIMER OF WARRANTIES a. User expressly agrees that use of the services is at member's sole risk. The services are provided on an "as is" and "as available" basis. b. Spogg.com and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. c. Spogg.com and its third party service providers make no warranty that the services will meet user's requirements, that the services will be uninterrupted, timely, secure, or error free; nor does Spogg.com or its third party service providers make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in the software will be corrected.. d. User understands and agrees that any information, content, data or other material downloaded or otherwise obtained through the use of or from the services is done at user's own discretion and risk and that user will be solely responsible for any damage to user's computer system or loss of data that results from the download of such material or data. e. Spogg.com and its third party service providers make no warranty regarding any goods or services purchased or obtained through or from the services or any transactions entered into through services. f. No advice or information, whether oral or written, obtained by user from Spogg.com or its third party service providers or through or from the services shall create any warranty not expressly stated herein. g. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. XV. LIMITATION OF LIABILITY a. User agrees that Spogg.com and its third party service providers shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the services or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received of transactions entered into through or from the services or resulting from unauthorized access to or alteration of user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Spogg.com or its third party service providers has been advised of the possibility of such damages. b. User further agrees that Spogg.com and its third party service providers shall not be liable for any damages arising from interruption, suspension or termination of services, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. c. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you. XVI. GENERAL Unless otherwise provided in this Agreement, any notice to User regarding the Services shall be made via email or private messaging. Spogg.com is the intended beneficiary of the End-User Agreement. The failure of Spogg.com and its third party service providers to exercise or enforce any right or provision of the End-User Agreement shall not constitute a waiver of such right or provision. If any provision of the End-User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the End-User Agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the End-User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Spogg.com, may at any time revise this agreement. You are bound by any such revisions and should review this agreement periodically. This last modification to this agreement was on April 10th, 2008. I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.