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Terms
Of Service
1.
ACKNOWLEDGMENT AND ACCEPTANCE OF
TERMS OF SERVICE. Spedia web site, SpediaBar and
other Spedia services and web properties ("Service"),
owned and operated by Spedia.com, Inc. ("SPEDIA"),
is provided to the member community under the following Terms
of Service and any operating rules or policies that may be
published by SPEDIA. The Terms of Service comprise the entire
agreement between Member and SPEDIA and supersede all prior
agreements between the parties, regarding the subject matter
contained herein. By participating in the registration process,
members are indicating their agreement to be bound by all
of these Terms of Service.
2.
DESCRIPTION OF SERVICE. SPEDIA is providing Member
with Internet services and opportunities to get rewarded while
using the Internet in exchange for performing certain actions
as desired by our advertisers. As part of this service SPEDIA
provides Member with proprietary software ("SOFTWARE")
for viewing advertising content. In consideration for this
Service, Member agrees to: (1) provide certain current, complete,
and accurate information about Member as prompted to do so
by the Service and, (2) maintain and update this information
as required to keep it current, complete and accurate. All
information requested on original sign-up shall be referred
to as account information ("Account Information").
Furthermore, Spedia will not share, sell, trade, or give away
personally identifiable Member information to third parties
without Members' explicit permission. Upon registration, all
users grant to Spedia their explicit permission (1) to contact
them with important information about Members' accounts and
updates to our services, policies and business practices,
and (2) to share Members' information with third parties.
The users have the option to choose not to be contacted or
their information shared by terminating their account. SPEDIA
collects online behavior statistical information for our members.
Examples of information that we collect, other than through
the registration form, include URL of visited pages, registration
for offerings and IP addresses. Upon termination of the online
session, closing of the browser and/or termination of your
membership, this information will no longer be collected.
We gather this information to improve the administration of
the services and to increase the earning potential of our
members. This information will be made available to third
parties. If any information provided by Member is incomplete
or inaccurate, SPEDIA retains the right to terminate Member's
membership and rights to use the Service.
3.
MODIFICATIONS
TO TERMS OF SERVICE.
SPEDIA may change these Terms of Service from time to time.
Upon any change in these Terms of Service, SPEDIA will notify
all members via email and/or service messages. Member’s continued
use of the Service constitutes an affirmative: (1) acknowledgment
by Member of these Terms of Service and any modifications;
and (2) agreement by Member to abide with and be bound by
these Terms of Service and modifications. SPEDIA reserves
the right to modify or discontinue the Service with or without
notice to Member. SPEDIA shall not be liable to Member or
any third party should SPEDIA exercise its right to modify
or discontinue the Service.
4.
MEMBER
SITES.
Member acknowledges and agrees that SPEDIA neither endorses
the contents of any Member sites or pages nor assumes responsibility
for any threatening, libelous, obscene, harassing or offensive
material contained therein, any infringement of third party
intellectual property rights arising therefrom or any crime
facilitated thereby.
5.
MEMBER
ACCOUNT, PASSWORD, AND SECURITY.
Member is entirely responsible for the maintenance and the
confidentiality of his/her Member login name and password.
Furthermore, Member is entirely responsible for any and all
activities, which occur under his/her user name and password.
Member agrees to immediately notify SPEDIA of any unauthorized
use of any breach of security known to Member.
6.
DISCLAIMER
OF WARRANTY.
SERVICE IS DEEMED ACCEPTED BY MEMBER. THE SERVICE IS PROVIDED
AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, SPEDIA FURTHER DISCLAIMS ALL
WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE PRODUCT, SPEDIA MAKES NO WARRANTY THAT
THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, OR THAT THE SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; SPEDIA
DOES NOT PROVIDE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE
OR THAT DEFECTS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
SPEDIA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED
INTO THROUGH THE SERVICE. IN NO EVENT SHALL SPEDIA OR ITS
BUSINESS PARTNERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES, LOST REVENUE, PROFIT
OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES) ARISING OUT OF THIS AGREEMENT
OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF SPEDIA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO MEMBER.
7.
LIMITATION
OF LIABILITY.
SPEDIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR
THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS
OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING
FROM UNAUTHORIZED ACCESS TO, OR ALTERATION OF MEMBER’S TRANSMISSIONS
OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE ASSETS.
8.
COPYRIGHT.
The SOFTWARE and all applicable text or html documents are
copyrighted with all rights reserved. No part of the SOFTWARE
or SOFTWARE documents may be reproduced or transmitted in
any electronic, mechanical or other form without prior written
authorization from SPEDIA. For further information, please
contact SPEDIA.
9.
OTHER
LIMITATIONS.
SPEDIA retains the right, at its sole discretion, to determine
whether or not Member’s conduct is consistent with the Terms
of Service. SPEDIA reserves the right to terminate all members’
accounts that do not comply with the Terms of Service.
10.
NO
RESALE OF THE SERVICE.
Member's right to use the Service is personal to Member. Member
agrees not to resell the Service without the express consent
of SPEDIA.
11.
REDIRECT
FAILURE AND OTHER LIMITATIONS.
SPEDIA assumes no responsibility for the deletion or failure
to redirect requests for uniform resource locators. Even though,
SPEDIA has no fixed upper limit on the number of redirects
a Member may receive through the Service, SPEDIA retains the
right, at its discretion, to determine whether or not Member's
conduct is consistent with the letter and spirit of the Terms
of Service and may terminate Service at any time at its discretion.
12.
MEMBER
CONDUCT.
Member is solely and fully responsible for the contents of
his/her transmissions through the Service. Members use of
the Service is subject to all applicable local, state, and
international laws and regulations. Member agrees: (1) to
comply with US law regarding the transmission of technical
information; (2) not to use the Service for illegal purposes;
(3) not to interfere or disrupt networks connected to the
Service; and (4) to comply with all regulations, policies
and procedures of networks connected to the Service. Member
agrees not to transmit through the Service any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material of any kind or nature. Member
agrees not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state,
or international law or regulation. Member will not use the
Service for chain letters, unsolicited email, spamming or
any use of distribution lists to any person who has not given
specific permission to be included in such a process. Spedia
will cancel membership privileges, terminate service and take
legal action against any user of its service that utilizes
any of the acts described above.
13.
INDEMNIFICATION.
Member agrees to indemnify and hold SPEDIA, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim
or demand, including reasonable attorneys fees, made by any
third party due to or arising out of Member’s use of the Service,
the violation of these Terms of Service by Member, or the
infringement by Member, or other user of the Service using
Member’s computer, of any intellectual property or other right
of any person or entity.
14.
TERMINATION.
If Member objects to any of these Terms of Service or any
subsequent modifications thereto or becomes dissatisfied with
the Service in any way, Member’s only recourse is to immediately:
(1) discontinue use of the Service; and (2) terminate Service
membership.
15.
GOVERNING
LAWS.
These Terms of Service shall be governed by and construed
in accordance with the laws of the state of California. Member
and SPEDIA agree to submit to the exclusive jurisdiction of
the courts of the state of California. If any provision(s)
of these Terms of Service is held by a court of competent
jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the
intentions of the parties with the other provisions remaining
in full force and effect. SPEDIA failure to exercise or enforce
any rights or provisions of these Terms of Service shall not
constitute a waiver of such right or provision unless acknowledged
and agreed to by SPEDIA in writing. Member and SPEDIA agree
that any cause of action arising out of or related to this
Service must commence within six (6) months after the cause
of action arose; otherwise, such cause of action is permanently
barred.
16.
AGREEMENT NOT TO BRING OR PARTICIPATE
IN CLASS ACTIONS: To the extent permitted by law,
you agree not to bring, join or participate in any class action
as to any claim, dispute or controversy you may have against
us or our agents, servicers, directors, officers and employees.
You agree to the entry of injunctive relief to stop such a
lawsuit or to remove you as a participant in the suit. You
agree to pay the attorney's fees and court costs we incur
in seeking such relief. This agreement is not a waiver of
any of your rights and remedies to pursue a claim individually
and not as a class action in binding arbitration as provided
above. This agreement not to bring or participate in class
action suits is an independent agreement and shall survive
other relationships.
The section titles in these Terms of Service are solely used
for the convenience of the parties and have no legal or contractual
significance.
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