Spingo Terms of Use

Welcome to the Spingo (Spingo, LLC, individually and together, the "Site," "we," "us," or "our") Terms of Service. PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. "You" are the person or entity using the Site, submitting user information, submitting events or upgrading events.

By using this Site, submitting user information or events, purchasing event upgrades or purchasing sponsorship placement, you agree to these Terms, including, but not limited to, conducting transactions electronically, and to disclaimers of purchase limitations. If you do not agree to these Terms, you do not have permission to use this Site. Spingo reserves the right, to change, modify, add, or remove any part of these Terms at any time at its discretion. Notification of such modifications to these Terms will be posted on the Site. Should any future changes to these Terms be deemed unacceptable to you, you must discontinue the use of this Site. Continuance of use of the Site will be understood as an acceptance of the changes to the Terms.

Payment terms and refund information (if applicable) is available to you upon request. Please contact payment [at] spingo.com for details regarding purchasing information.

You may also be subject to additional terms and conditions when you use third-party services, such as payment processing, accessed through the Site.

REGISTRATION AND ORDERING OBLIGATIONS

In consideration of your use of the Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site registration, event submission, or purchasing process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your username. In addition, you represent that you are of legal age to form a binding contract and you agree to update information provided in connection with registration or the purchasing process in order to maintain its truth, accuracy and completeness. The Site is intended for adults; children under 13 years of age may not create user accounts or submit events. If you provide information that Spingo believes to be inaccurate, not current, or incomplete, or if you select a username that Spingo in its sole discretion finds offensive or inappropriate, Spingo has the right to suspend or terminate your account and refuse any and all current or future use of the Site.

AGREEMENT TO DEAL ELECTRONICALLY

All transactions with or through the Site or Spingo may, at Spingo's option, be conducted electronically. 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.

OBLIGATION FOR USING YOUR PASSWORD

ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Spingo immediately to authorize Spingo to deny access to the Site to anyone else presenting your password.

LIMITED NON-COMMERCIAL LICENSE TO USE SITE

Spingo hereby grants you the limited right to view and use the Site only for the purposes of viewing content, using the embedded calendar function, submitting event information or purchasing event upgrades or sponsorships. Spingo reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in Section 18. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Spingo. Minors should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from Spingo, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; (b) alter or modify any content on the Site; or (c) deep link to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site and/or Applications for any commercial purpose.

When submitting event information to the Site, you agree to submit information that is accurate to the best of your knowledge.

Your user information or submitted event information shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.

You shall not submit to or otherwise publish through the Site any event information that contains any solicitation of funds, or solicitation for goods or services, including but not limited to chain letters, pyramid schemes and spam. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.

You shall not 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.

You agree not to employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of event submissions transmitted through the Site.

You agree not to post or otherwise make available event information that impersonates any person or entity, including but not limited to an Spingo employee, or falsely state or otherwise misrepresent your affiliation with a person or entity.

You agree not to 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.

You agree not to collect personal data about other users for commercial or unlawful purposes or to submit repeatedly the same or similar event or otherwise impose unreasonably large loads on our infrastructure.

If you choose to use the submit link function, you agree not to 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. Spingo reserves the right to disable links at any time without notice.

You acknowledge that Spingo reserves the right to pre-screen any event submitted by you or other users. Spingo and its designees shall have the right (but not the obligation) in their sole and absolute discretion to refuse or remove any event submission, as well as terminate your access to the Site. Spingo reserves the right to change these general practices and limits at any time in its sole discretion, with or without notice.

Violations of Terms and Liquidated Damages

If you believe that any content on the Site violates any of the terms of this Agreement, please contact us at termsofuse [at] 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.

You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Spingo liquidated damages as follows:

If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Spingo one thousand dollars ($1,000) for each such message.

Otherwise, you agree to pay Spingo's actual damages, to the extent such actual damages can be reasonably calculated.

Spingo respects your right to privacy and understands that visitors to Spingo need to be in control of their personal information. To that end Spingo has developed a Privacy Policy and you should review it carefully. Your use of the Site is your consent to the Privacy Policy.

SUBMITTING USER CONTACT AND EVENT INFORMATION

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 edit [at] spingo.com.

INDEMNITY

You agree to indemnify and hold Spingo, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees and court costs, made by any third party due to or arising out of your content submission, your use of the Site, your violation of these Terms or your violation of any third party&s rights, including such party's copyrights and trademarks.

DISCLAIMER OF WARRANTIES

EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND SPINGO, THE SITE AND CONTENT OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. SPINGO HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN ADDITION, SPINGO DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.

NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES

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, APPLICATIONS 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.

LIMITATION OF LIABILITY AND 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 APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON SPINGO; OR (2) REFUND OF THE AMOUNT 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.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant for the benefit of Spingo and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) 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; (b) all information submitted by you to the Site is true and accurate; (c) you will keep your registration information current; (d) you will be responsible for all use of your password even if such use was conducted without your authority or permission; (e) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (f) the content you submit to the Site does not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (g) the content you submit to the Site does not constitute defamation or libel or otherwise violate the law, (h) you agree to defend, indemnify, and hold Spingo (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).

LINKS ; ADVERTISERS

The Site contains links to third party sites that are not under the control of Spingo and Spingo is not responsible for any content on any linked site. If you access a third party site from this Site, then you do so at your own risk. Spingo provides links only as a convenience and the inclusion of the link does not imply that Spingo endorses or accepts any responsibility for the content on those 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.

INTERNATIONAL USAGE

This Site is controlled and operated by Spingo from its offices within Utah, United States of America. Spingo makes no representation that the Site or related information offered by Spingo are appropriate or available 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.

OWNERSHIP

Except for the user submitted content, The Site, database, and related information are the exclusive property of Spingo. All rights not licensed herein are hereby reserved to Spingo.

TERMINATION OR CANCELLATION OF SITE ACCESS ; MODIFICATIONS TO SITE

If you violate these Terms, Spingo may terminate or cancel your access rights to the Site and/or Applications immediately without notice. Spingo may also block your use of the Site and/or Applications or direct you to cease using it. If you repeatedly violate these Terms, Spingo will permanently suspend your access right to the Site and/or Applications. Spingo reserves the right at any time to modify or discontinue the Site, Applications, or any part thereof and you agree that Spingo shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Applications, or any part thereof.

EXCLUSIVE JURISDICTION

These Terms shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in Provo, Utah. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the Utah County, Utah, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Utah law.

ENTIRE AGREEMENT

These Terms, as amended, your registration forms, and the disclosures provided by Spingo and the consents provided by you, constitute the entire agreement between you and Spingo. If any provision of these Terms and/or the Privacy Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and/or the Privacy Policy, as applicable, and shall not affect the validity and enforceability of any remaining provisions. Spingo's failure to act with respect to a breach by you or others does not waive Spingo's right to act with respect to subsequent or similar breaches.

AMENDMENTS

You agree that Spingo may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from Spingo to you as published through the Site. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or submitting or upgrading any events after that date. No other amendments will be valid unless they are in a paper writing signed by Spingo and by you.

NOTICES

Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to Spingo by postal mail to: Spingo, 1234 North 900 East, Provo, UT, 84604, or as to a successor address that Spingo makes available on the Site or through other reasonable manner. With respect to Spingo's notices to you, Spingo may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, Spingo may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.

Contact Information Disclosure. Spingo's name and street address is Spingo, 1234 North 900 East, Provo, UT and Spingo's telephone number is 877-3SPINGO.