PLEASE READ THESE TERMS CAREFULLY as this “Agreement” contains your legal rights and the complete terms and conditions that apply to your participation with Spectroscapes.com and its owners ("Site," "we," "us," or "our"). You agree to be legally bound by this Agreement and any additional terms that govern certain products and services by accessing this Site or using any part of the Site, content, tools, or services. If you do not agree to all the terms and conditions, then you may not access the Site or use the content or any services in the Site.
This agreement does not cover your rights or responsibilities with regard to third-party content or sites. Spectroscapes.com is not responsible for the content provided from or on any third-party sites and we do not endorse any content from third-party sites.2. TERM OF AGREEMENT
This Agreement will remain in full force and effect while you use the Site or any content or services from Spectroscapes.com.3. MODIFICATIONS OF TERMS AND CONDITIONS
In accordance with the other terms in this agreement, you may use the Site to access and download certain content, communicate and/or share data with the Site, print or copy certain content, and interact with content. However, you are PROHIBITED to do the following acts: (a) use our sites, including our services and/or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of inappropriate items in any category or areas on our sites and services; (c) collecting information about users’ personal information; (d) disclose information you obtain from us and or from our clients, advertisers, and suppliers; (e) post false, inaccurate, misleading, defamatory, or libelous content.5. PRIVACY
All graphics, code, software, design, text, images, artwork, graphic material, databases, proprietary information, and all copyrightable or otherwise legally protectable elements of the Site are the property of the owners of Spectroscapes.com unless clearly stated otherwise. You may not copy, reproduce, or download content from Spectroscapes.com except for your personal, non-commercial use.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.7. WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
We make no express or implied warranties or representations with respect to the Site or any services or tools used through the Site (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). We expressly waive any and all liability arising from or relating in any way to use of the Site. Any content downloaded through the site is at your own discretion and risk. You are solely responsible for any damages to your computer. You access this Site on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the site or any part of it at anytime. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate therein, you understand and agree that you participate at your own risk.8. INDEMNIFICATION
You agree to indemnify, defend, and hold the Site and any of its owners, agents, advertisers, and operational service providers harmless from and against any and all claims, cause of actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you.9. NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned or transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.10. WAIVER
Failure of the Site to insist upon strict performance of any of the terms, conditions, and covenants in this Agreement or any other legal rights shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.11. SEVERABILITY OF TERMS
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.12. CHOICE OF LAW; JURISDICTION; FORUM
Any dispute, controversy, or difference which may arise between the parties out of, in relation to or in connection with this Agreement will be interpreted in accordance with New York law and will be submitted to an arbitrator located in New York, New York, USA or alternate location by agreement of the parties. The arbitrator's decision shall be final and legally binding and judgment may be entered.
Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.13. CONTACT
Any notices, requests, or questions shall be sent to firstname.lastname@example.org.
This Agreement was last modified on April 3, 2017, and is effective immediately.