PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE SERVICES, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. SPECTRUM’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY SPECTRUM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Effective Date: August 13, 2017
Welcome to Spectrum Labs. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.
1. ACCESS TO THE SERVICES. The Services shall include, but not be limited to, the ability for you to access an assessment of the level of bias in certain news content available on the Internet. Spectrum may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Spectrum may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Spectrum reserves the right, at its discretion, to modify these Terms at any time by posting a notice on the www.getspectrum.io website, by sending you a notice via email or another mode of communication. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the Terms as modified. You certify to Spectrum that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services, and takes full responsibility for the selection and use of the Services. You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws applicable to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. The Services are currently free, but Spectrum reserves the right to charge for certain or all Services in the future. Spectrum will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. These Terms are void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
3. SITE CONTENT. The Site and its contents are intended solely for the use of Spectrum users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. Spectrum reserves the right to remove any Content from the Site at any time, 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 Spectrum is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
4. RESTRICTIONS. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity or violation of this Section 4 may be grounds for termination of your right to use the Services. Additionally, you represent, warrant and agree that you will not submit any content or otherwise use the Services or interact with the Services in any way that:
5. WARRANTY DISCLAIMER. Spectrum has no special relationship with or fiduciary duty to you. You acknowledge that Spectrum has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Spectrum from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Spectrum makes no representations concerning any content contained in or accessed through the Site, and Spectrum will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL SPECTRUM BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
7. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. Spectrum may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
8. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Spectrum shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Spectrum’s reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Spectrum’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Spectrum in any respect whatsoever.