Updated October 25, 2015
1. Acceptance of the Terms of Service
Welcome to SPAKIND (a.k.a. "we" or "us" or the "Company"). We are excited to have you as user and member of the merchant community. The following terms and conditions (collectively, these "Terms of Service") apply to your use of www.SpaKind.com and the SpaKind App which is availble via third party download, including any content, functionality and services offered on or via SpaKind.com (the "Website" or the “App”).
By using the Website and App services you accept and agree to be bound and abide by these Terms of Service.
2. Changes to the Terms of Service and the Website or App
SpaKind is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and the App and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on SpaKind, and you will be able to track the changes for any new version. Your continued use of the Website and App following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website and the App, Security and Privacy
We are working hard on improving SpaKind, but we can't guarantee that the Website or App will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website or App is unavailable at any time or for any period, nor for any data loss (see also section 7 below).
To access certain features of the Website or App you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using SpaKind in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password (e.g. "correcthorsebatterystaple") and you log out from your account at the end of every session.
It is a condition of your use of the Website and App that all the information you provide on the Website or App is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet properties, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
4. Intellectual Property Rights and Use Guidelines.
The Website and App, and its entire content, features, are owned by SpaKind and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website or App itself. If you have doubts about whether and how to use of material on the Website or App, please address your concerns to: firstname.lastname@example.org
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website and App. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Website and App by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you or posted by you using the Website or App is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website or App is or will continue to be accurate.
Any feedback, reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Website or the App that you may choose in your sole discretion to provide us from time to time (“Feedback”) shall be solely owned by us (including all intellectual property rights therein and thereto). You hereby assign and agree to assign all right, title and interest in and to the Feedback to us.
The Website and App may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website or App.
By submitting public User Content through the Website or App, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and the App and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website and App (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website and App a non-exclusive, perpetual license to access your User Content through the Website and App, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Website or App. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website or App. You agree and understand our right to reject any listing, or remove any listing, content, or ads from the site at any time and for any reason. The SPAKIND app is a curated app and all content is subject to editorial changes, additions, and removals.
You are permitted to use the Website and App for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful, and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website or App in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or the App or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website or App not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
5. User Contributions and Content Standards.
SpaKind contains user generated content, and also may contain (in the future) message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website and App. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Not promote sexually explicit or pornographic material, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
Not be likely to deceive any person.
Not promote any illegal activity, or advocate, promote or assist any unlawful act.
Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
Not give the impression that they emanate from us or any other person or entity, if this is not the case.
6. Law and Copyright Infringement
We do not undertake to review all material before it is posted on the Website or App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
If you believe that any User Content violate your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including 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 work claimed to have been infringed, or, if multiple copyrighted 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, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient for us to contact you, such as email, address, telephone number.
A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice should be addressed to email@example.com
7. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of SpaKind is at your sole risk. The service is provided "as is" and "as available".We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website or App, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website and App. Because the Website and App are not error or bug free, you agree that you will use them carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
8. Geographic Restrictions
For now, we provide this Website and App for use only by persons located in the United States and Canada over the age of 21. We make no claims that the Website or App or any of its content is accessible, appropriate or legal outside of the United States. If you access the Website or App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
9. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website and App shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.
10. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SpaKind and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.