TERMS & CONDITIONS FOR USE OF SPUNTACULAR.COM WEB SITE

 

ACCEPTANCE OF TERMS

 

The following are the terms and conditions for use of the spuntacular.com Web site (the "Site"), which is owned and operated by Spun Bakery, LLC (“SPüN"). Please read them carefully. The Site is only provided to individuals, who are at least 18 years old, and it is offered to you subject to your acceptance without modification of all of the terms, conditions, and notices contained herein (the "Terms of Use"). If you are not at least 18 years of age or if you do not agree to all of these Terms of Use, then do not access or use this Site.

 

BY USING ALL OR ANY PART OF THE SITE YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

 

USER RULES AND CONDUCT

 

Any unauthorized commercial use of Site content is expressly prohibited. As a condition of your use, you promise to SPüN that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur as a result of your use of the Site, including the content of any postings and/or transmissions to or via the Site. By way of example, and not as a limitation, you agree that you will not upload, post, submit, or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data, or other information) using any communications service, discussion group, message board, directory, survey, contest, or other interactive service that may be available to you on or through the Site, that is: unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, profane, or which otherwise violates the Terms of Use; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, or other information of any third party; or impersonates any person or entity, including any employee or representative of SPüN. You agree that you will not harvest or collect information about the users or members of the Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications, nor will you attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or any other means.

 

THIRD-PARTY SITES

 

The Site may link you to other Web sites on the Internet. These Web sites may contain information or material that some people may find inappropriate or offensive. These other Web sites are not under SPüN's control, and you acknowledge that SPüN is not responsible for the accuracy, copyright compliance, legality, appropriateness, or any other aspect of the content of such Web sites. The inclusion of any such link does not imply endorsement of the Web site by SPüN or any association with its operators.

 

PARTICIPATION IN PROMOTIONS OF AFFILIATES

 

Any dealings with advertisers and other vendors (collectively, "Site Affiliates") on the Site or participation in promotions, including the delivery of and the payment for goods and Sites, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the Site Affiliate or other third party. SPüN is not responsible or liable for any part of any such dealings or promotions.

 

PROPRIETARY RIGHTS

 

You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by SPüNyou agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. However, you may print or download one copy of the materials or content on this Site to any single computer for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from SPüN is prohibited. Reproducing, copying or distributing any content, materials or design elements on the Site Web site for any commercial purpose is strictly prohibited without the express prior written permission of SPüN.  Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

 

USER'S LICENSE TO SPüN

 

By uploading, posting, submitting, or otherwise distributing content of any kind to the Site Web site, you grant SPüN and its affiliated companies and licensees the irrevocable, non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, promote, and make derivative works of the content in any form, anywhere and for any purpose; represent and warrant to SPüN that you own or otherwise control all of the rights to such content and that public posting and use of your content by SPüN will not infringe or violate the rights of any third party; and acknowledge that the content will become publicly available to users of the Site.

 

DISCLAIMER OF ALL WARRANTIES

 

The information and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. SPüN and/or its respective suppliers may make improvements and/or changes in the Site at any time. SPüN does not represent or warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. SPüN does not represent or warrant that the use or the results of the use of the Site or the materials made available as part of the Site will be correct, accurate, timely, or otherwise reliable. You specifically agree that SPüN will not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree that SPüN is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any third party or any infringement of another's rights, including intellectual property rights. You specifically agree that SPüN is not responsible for any content sent using and/or included in the Site by any third party. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE." THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SPüN, IT'S AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE WEB SITE IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL SPüN, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR ITS CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPüN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SPüN'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless SPüN and its affiliates, and their employees, contractors, officers, directors and representatives from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of the Site. SPüN reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with SPüN in asserting any available defenses.

 

INTERNATIONAL USE

 

SPüN makes no representation that the information, materials, or other content on this Web site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where such content is illegal is prohibited. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with local laws.

 

DISPUTES; CHOICE OF LAW AND FORUM

 

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and SPüN agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maine, excluding its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Web site shall be filed only in the state or federal courts located in Maine, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this paragraph.

 

SEVERABILITY AND INTEGRATION

 

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and SPüN with respect to the use of this Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SPüN with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

TERMINATION

 

SPüN may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.

 

COPYRIGHT AND TRADEMARK NOTICES

 

All contents of the Site are: Copyright © 2016 Spun Bakery LLC, and/or its suppliers, Spun Bakery LLC c/o Andrew J. Kraus, Esq., Opticliff Law, 110 Marginal Way #154, Portland, ME 04101All rights reserved. SPüN and all products and services referenced herein are either trademarks or registered trademarks of SPüNThe names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

 

INFORMATION COLLECTED BY SPüN

 

SPüN collects personally identifiable information from spuntacular.com (the "Site") when you submit a form or send an email via the Site. Due to the nature of our business most of the information is of a confidential nature and as such we treat the information as private and confidential. No personally identifiable information is released to third parties without the express permission of the person to whom that information relates.

 

From time-to-time our Site requests information from users via surveys. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose requested information. Information requested may include contact information (such as name and address) and demographic information (such as zip code, etc).

 

HOW THE INFORMATION IS USED

 

Once you submit information to SPüN via the Site, you are not anonymous to us.

 

If you provide information in response to a survey, contact information will be used for purposes of monitoring or improving the use and satisfaction of this Site.

 

If you request further information about a service, we request information from you on our form, including contact information (such as name and address). This information may be used to service you as a potential client. If we have trouble processing a request, this contact information is used to get in touch with the user.

 

The information we collect may be used by us to contact users for marketing purposes.

 

If you supply us with your postal address online, you may receive periodic mailings from us with information on new services or upcoming events. If you do not wish to receive such mailings, please notify us by email at info@spuntacular.com by typing the words "REMOVE FROM MAIL LIST" in the subject line of the email.

 

If you supply us with your telephone number online, you may be contacted by us regarding our services.

 

We send all Site users an acknowledgement email once we receive a form or email from them. Site users will occasionally receive information on services and a newsletter. You may choose not to receive these types of communications. If you do not wish to receive such mailings, please notify us by email atinfo@spuntacular.com by typing the words "REMOVE FROM EMAIL LIST" in the subject line of the email.

 

WITH WHOM SPüN SHARES INFORMATION THAT IT GATHERS

 

SPüN does not sell, rent, give away or loan identifiable information regarding its members to any third party without the informed consent of the user. SPüN may share aggregate or summary information regarding its users with third parties which is individually unidentifiable. SPüN will NOT send personally identifiable information about you to other companies or people unless:

 

We have your consent to share the information.

We need to share your information to provide the service you have requested.

We need to send the information to companies who work on behalf of SPüN to provide a service to you. (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us).

We respond to subpoena, court orders, or legal process.

We find that your actions on our Web Site violate the SPüN Terms and Conditions of Use.

We partner with another party to provide specific services. When the user signs up for these services, we will share names or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

 

HOW YOU CAN OPT OUT OF RECEIVING COMMUNICATIONS FROM US

 

Our Site provides users the opportunity to opt out of receiving communications from us and our partners. To opt out send us an email atinfo@spuntacular.com with the words REMOVE FROM EMAIL LIST in the subject line.

 

OUR POLICY ON LINKS TO OTHER SITES

 

This Web Site contains links to other Sites. Please be aware that SPüN is not responsible for the privacy practices of such other Sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every Web Site that collects personally identifiable information. This privacy statement applies solely to information collected by Thumbprint Pictures.

 

CHANGES TO OUR PRIVACY POLICY

 

SPüN may modify this privacy policy from time to time. If we make substantial changes, we will notify you by posting a prominent announcement on our pages. You should also check this page from time to time to ensure that you are aware of the most recent version of the policy.

 

Your continued use of the Site after our posting of any modifications to the policy will indicate your acceptance of the new or modified terms.