TERMS & CONDITIONS FOR USE OF SPUNTACULAR.COM WEB SITE
ACCEPTANCE OF TERMS
USER RULES AND CONDUCT
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.
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.
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.
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
SEVERABILITY AND INTEGRATION
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 email@example.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 firstname.lastname@example.org 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 email@example.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.
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.