Welcome to our Website. This Website is an informational website owned and operated by Spectacular.com, LLC of P.O. Box 112601, Naples, Florida, 34108, USA.
I. Intellectual Property
II. Website Access and Use
1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website, Website Content, or Third-Party Content;
2. Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website, Website Content, or Third-Party Content;
3. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website, Website Content, or Third-Party Content for any purpose without the express written permission of Spectacular.com, LLC or other third-party owners, licensors, suppliers or creators. Notwithstanding the foregoing, Spectacular.com, LLC grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
4. Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
5. Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
6. Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
7. Decompile, reverse engineer, or disassemble any portion of the Website;
8. Use network-monitoring software to determine architecture of or extract usage data from the Website;
9. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Registered Account without permission, etc.);
10. Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
11. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
III. Conditions for Linking to Website
IV. Website Content and Third-Party Links
A. We provide the Website including, without limitation Website Content and Third-Party Content for informational, entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content and Third-Party Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
B. In some instances, Website Content will include content posted by a third-party (“Third-Party Content“) or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities. Please see Section V. Third-Party Content.
C. The Website may contain links to other Websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Website.
V. Third-Party Content
A. Certain information and content may be provided by third-party owners, licensors, suppliers or creators to the Website (collectively, the Third-Party Content). The Third-Party Content is, in each case, the copyrighted work of the owner, licensor, supplier or creator. Unless you have permission from the owner of the Third-Party Content, you agree to only display the Third-Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content. SPECTACULAR.COM, LLC DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD-PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VI. User Registration
A. In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to this Website.
B. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a Registered Account), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Registered Account. You are solely responsible for the activity that occurs under your Registered Account, whether or not you have authorized the activity. You agree to notify us immediately at firstname.lastname@example.org of any breach of security or unauthorized use of your Registered Account.
VII. Website Conduct
Spectacular.com, LLC asks that you respect our online community and other individuals. When submitting Submissions to or otherwise using the Website and/or the services, you agree not to:
1. Defame, abuse, harass, threaten, stalk, or otherwise violate the legal rights of others;
2. Use racially, ethnically, or otherwise offensive language;
3. Use explicit or obscene language or solicit/post sexually explicit images (actual or simulated);
4. Violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, and privacy or publicity rights;
5. Impersonate or represent Spectacular.com, LLC, our staff or other industry professionals;
6. Impersonate any other person or entity, or misrepresent your identity or that of your company;
7. Solicit a member’s password or other account information;
8. Harvest names, addresses, website addresses, RSS link addresses or email addresses for any purpose;
9. Use any robot, spider, scraper or other automated means to access the Website, except for accessing RSS feeds;
10. Take any action that creates an unreasonable or disproportionately large load on our infrastructure;
11. Artificially inflate or alter the ratings available on this Website or alter any comments posted by others on this Website;
12. Engage in or facilitate the transmission of unsolicited mass mailing or spamming;
13. Post advertisements;
14. Incite illegal activity;
15. Violate or solicit the violation of any applicable local, state, national or international law or regulation;
The above list of prohibitions is an example and is not complete or exclusive. These prohibitions do not require Spectacular.com, LLC to monitor or remove any Submissions or other information that is submitted by you or that of any other user. Spectacular.com, LLC reserves the right to terminate your access to your Registered Account, your ability to access and provide Third-Party Content or Submissions to the Website, or to receive the services, or remove your Submissions, with or without cause and with or without notice, or for any action or conduct that Spectacular.com, LLC determines is inappropriate, disruptive or damaging to the Website, services or to any other user of the Website and/or services. You hereby agree to waive any and all claims against Spectacular.com, LLC and its affiliates, agents, contractors, and employees for losses, damages and injuries for which are based on or relate to communications or materials made available to the Website or posted on the Website by persons other than Spectacular.com, LLC. Spectacular.com, LLC may report to law enforcement authorities any and all actions that may be illegal and any reports it receives of such conduct. When legally required or at Spectacular.com, LLC’s discretion, Spectacular.com, LLC will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website.
VIII. Copyright Infringement Notice
Spectacular.com, LLC respects the intellectual property rights of others, and we ask you to do the same. Spectacular.com, LLC reserves all rights, in its sole discretion, in removing all access to and deleting all Website Content, Third-Party Content or Submissions, with or without notice, upon which there are submitted claims of copyright infringement. Spectacular.com, LLC also reserves all rights, in its sole discretion, to terminate Registered Accounts, with or without notice, upon which Third-Party Content and/or Submissions of copyright infringement claims are submitted against. Those that copyright infringe or violate the intellectual property rights of others with their Third-Party Content and/or Submissions to this Website are on notice that they may be liable for attorneys’ fees and costs for materially misrepresenting their ownership of said Third-Party Content and/or Submissions. We strongly suggest that if you have questions regarding copyright infringement or other intellectual property issues that you contact a licensed attorney for legal advice. If you believe that any Website Content, Third-Party Content, Submissions, material or otherwise on this Website violates your rights as a copyright owner, then please follow the instructions in Section IX. Digital Millennium Copyright Act Notice.
IX. Digital Millennium Copyright Act Notice
Spectacular.com, LLC will respond to specific notices provided to us of copyright infringement on our Website as established by the Digital Millennium Copyright Act (“DMCA”). Spectacular.com, LLC may upon receipt of a notice complying with § 512 of the DMCA (17 USC § 512(c)(3)) and in appropriate circumstances and at our discretion, remove any and all allegedly copyright infringing content, and may terminate service and/or access to this Website for Registered Accounts who infringe the intellectual property rights of others. Upon the removal of the allegedly copyright infringing content, Spectacular.com, LLC will make a good-faith attempt to contact the content provider or owner to allow for a response under the DMCA’s counter-notification procedures established under § 512 (17 USC § 512(g)(2-3)) and if compliant, Spectacular.com, LLC may return the allegedly infringing content to the Website.
Spectacular.com, LLC’ designated Copyright Agent for notice of claims of copyright infringement on this Website and counter-notification as established by the DMCA must be sent to our mailing address:
Attn: Copyright Agent
P.O. Box 112601
Naples, Florida, 34108
If you believe that your work is the subject of copyright infringement and appears on our Website, please provide Spectacular.com, LLC’ designated Copyright Agent the following required information in writing:
1. A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works have been allegedly infringed, a specific list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website and information reasonably sufficient to permit Spectacular.com, LLC to locate the referenced material.
4. Information reasonably sufficient to permit Spectacular.com, LLC to contact you as the complaining party, such as an address, telephone number, fax number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that your work has been removed from our Website in error, please provide Spectacular.com, LLC’ designated Copyright Agent the following required information in writing:
1. Your name, address, and telephone number;
2. Your physical signature;
3. Identification of the material that has been removed or disabled from the Website;
4. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
5. A statement that you consent to the jurisdiction of the United States District Court in your district, or if you reside in a foreign country, that you consent to jurisdiction in any United States District Court where Spectacular.com, LLC is subject to jurisdiction, and that you will accept service if process originates from the alleged copyright owner who provided Spectacular.com, LLC with notification, or from an agent of such a person.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SPECTACULAR.COM, LLC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
XIII. Limitation on Liability
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF SPECTACULAR.COM, LLC, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY SPECTACULAR.COM, LLC DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.
C. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
B. If you become a registered user, you may terminate your Registered Account and have all your Third-Party Content removed at any time by sending an e-mail to email@example.com.
XV. Governing Law; Venue and Jurisdiction
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
XVII. Amendment; Additional Terms