SpinGo™ Solutions, Inc. Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND SpinGo™ SOLUTIONS, INC. (“SPINGO™”, “WE” OR “US”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE SpinGo™ WEBSITE LOCATED AT THE URL: WWW.SPINGO.COM, TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. SpinGo™ MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. SpinGo™ MAY MAKE CHANGES TO THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE. NOTIFICATION OF SUCH MODIFICATIONS TO THESE TERMS WILL BE POSTED ON THE SITE. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THE SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions.

SpinGo™ provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, databases, platforms, graphics and images (together, the “Materials”) that are not Submissions (as defined below) are provided to you by SpinGo™ and are the copyrighted and/or trademarked work of SpinGo™ or SpinGo’s™ contributors.

SpinGo™ grants you a limited, personal, non-exclusive and non-transferable license to view and to use the Materials and services of this Site solely for viewing content, using the embedded calendar function, submitting event information or purchasing event upgrades or sponsorships. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.

This limited license terminates automatically, without notice to you, if you breach any of these Terms. No refunds will be available if the license is terminated as a result of your breach of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.

Password Restricted Areas of this Site.

You may need a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account, and agree to notify SpinGo™ if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. ALL CONTENT OR INSTRUCTION TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU WHETHER OR NOT SUCH ACTION WAS TAKEN WITH YOUR KNOWLEDGE OR AUTHORITY. You agree to immediately notify SpinGo™ of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

Purchases.

If applicable, you agree to pay all fees or charges to your account based on SpinGo’s™ fees, charges, and billing terms which are available upon request at payment@spingo.com. You are responsible for paying any taxes that may apply. If you do not pay on time or if SpinGo™ cannot charge your credit card, PayPal or other payment method for any reason, SpinGo™ reserves the right to either suspend or terminate your access to the Site and your account and terminate these Terms. You are expressly agreeing that SpinGo™ is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site. The fees may be invoiced to you, or billed to your credit card, PayPal or other payment method. If you have a balance due on any account, you agree that SpinGo™ may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

Submissions.

You acknowledge that you are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a “Submission”) and through the services available in connection with this Site, and that you, and not SpinGo™, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the SpinGo™ Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You hereby assign, transfer and convey to SpinGo™ all your worldwide right, title and interest in and to your Submissions, and the complete right to exploit or otherwise use the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights. You further agree not to include any personally identifiable information in your Submissions and in the event that Submissions contain such personally identifiable information, it shall be subject to the terms of this Section. SpinGo™ agrees to use all other personally identifiable information collected through our site, other than Submissions, in accordance with SpinGo’s™ Privacy Policy applicable to personally identifiable information.

Electronic Communications.

By using the Site and/or the services provided on or through the Site, you consent to receiving electronic communications from SpinGo™. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or services provided on or through the Site. These electronic communications are part of your relationship with SpinGo™. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. SpinGo™ may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

Privacy Policy.

Your use of this Site is governed by, and serves as your consent to, the SpinGo™ Privacy Policy, which is available at www.spingo.com/privacy (the “Privacy Policy”).

Third Party Content.

Certain information and other content that are not Submissions may be provided by third party licensors and suppliers to SpinGo™ (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. 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. SPINGO™ 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.

Links to Third Party Sites.

This Site contains links to other sites that are not SpinGo™ sites. SpinGo™ is providing these links to you only as a convenience, and SpinGo™ is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. Such links do not constitute an endorsement by SpinGo™ of those third party sites. You acknowledge that your use of any third party site is subject to the terms of use and privacy policies located on the linked to third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that SpinGo™ shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Acceptable Use.

You agree that you will not upload, post or otherwise make available on this Site any Submissions or other material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the ownership to SpinGo™ set forth in this section, (ii) when submitting event information to the Site, you agree to submit information that is accurate to the best of your knowledge, (iii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity, (iv) if applicable, you will keep your registration information current, (v) the content you submit to the Site does not constitute defamation or libel or otherwise violate the law, and (vi) you are 18 years old or an emancipated minor who possesses the legal right and ability to enter into and make the representations and warranties contained in these Terms. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

Where you do not have control over removal or deletion of your event information, you may forward a written correction or removal request to SpinGo™ to request correction or removal of your event information, which correction or removal shall take place within three (3) business days of SpinGo's™ receipt of your written request. Please send this request to events@spingo.com.

When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation of funds, goods or services. Furthermore, you agree that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions or comments posted by others on this Site.
  • Submit to or otherwise publish through the Site any information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
  • Employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of event submissions transmitted through the Site.
  • Post or otherwise make available event information that impersonates any person or entity, including but not limited to a SpinGo™ employee, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Submit or otherwise make available contact information that includes personal or identifying information about another person without that person's explicit consent or that is false, deceptive, misleading, or deceitful.
  • Submit a link to any illegal site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in SpinGo's™ sole and absolute discretion.
  • "Frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site.
  • Alter or modify any content on the Site.
  • Deep link to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.

This list of prohibitions provides examples and is not complete or exclusive. SpinGo™ reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that SpinGo™ determines, in its sole and absolute discretion, is inappropriate or disruptive to this Site or to any other user of this Site and/or services. SpinGo™ may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at SpinGo’s™ discretion, SpinGo™ will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. If you believe that any content on the Site violates any of the Terms, please contact us at termsofuse@spingo.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person's explicit consent, you agree that SpinGo™ may immediately remove such message and terminate your access to the Site.

These prohibitions do not require SpinGo™ to monitor, police or remove any Submissions or other information submitted by you or any other user.

Unauthorized Activities.

Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold SpinGo™, its parent company, its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) SpinGo™ or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights.

SpinGo™ is a trademark of SpinGo™ in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of SpinGo™, Copyright © 2013 SpinGo™. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Copyright and Trademark Infringements.

SpinGo™ respects the intellectual property rights of others, and we ask you to do the same. SpinGo™ may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide SpinGo’s™ designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • 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 Site, and information reasonably sufficient to permit SpinGo™ to locate the material.
  • Information reasonably sufficient to permit SpinGo™ to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • 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.
  • 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.

SpinGo’s™ agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:
14193 S. Minuteman Dr. Suite 100
Draper, UT 84020
E-mail: copyright@spingo.com
Attention: Copyright Agent

By phone:
(877) 377-9642

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties.

Your use of this Site and/or the services is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by SpinGo™, and they may include inaccuracies or typographical or other errors. SpinGo™ does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. SpinGo™ has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by SpinGo™ or our licensors.

SPINGO™, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SPINGO™ DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, WORMS, TROJAN HORSES, SPYWARE, MALWARE OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER SPINGO™ NOR ANY OF SPINGO'S™ AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, SERVICES AVAILABLE THROUGH THE SITE OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF SPINGO™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Exclusive Remedy

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY SPINGO™ OR ANY OF SPINGO'S™ AFFILIATES OR AGENTS SHALL BE, AT SPINGO'S™ OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE SERVICES OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON SPINGO™; OR (2) REFUND OF THE AMOUNTS THAT YOU PAID TO SPINGO™. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE

Local Laws; Export Control.

SpinGo™; controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

General.

If you violate these Terms, SpinGo™ may terminate and/or suspend your access to this Site without notice. SpinGo™ prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by SpinGo™, may result in immediate termination of your access to the Site. Utah state law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in the state of Utah, County of Salt Lake. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. SpinGo’s™ failure to enforce any of these Terms is not a waiver of such term. These Terms and the Privacy Policy are the entire agreement between you and SpinGo™ and supersede all prior or contemporaneous negotiations, discussions or agreements between you and SpinGo™ about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

These Terms of Use were last updated: July 9, 2013