PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF SP8CE by Nicholas Pratley
1) ACCEPTANCE OF TERMS.
This Terms and Conditions of Use Agreement (the “Agreement”) sets forth legally binding terms for your use of SP8CE by Nicholas Pratley. By using SP8CE by Nicholas Pratley, you agree to be bound by this Agreement. SP8CE by Nicholas Pratley ‘includes’ Nicholas Pratley, SP8CE.COM as well as SP8CE by Nicholas Pratley. If you do not accept the terms of this Agreement, you should leave SP8CE by Nicholas Pratley immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on SP8CE by Nicholas Pratley. You agree to be bound by any modification to this Agreement when you use SP8CE by Nicholas Pratley after any such modification is posted; it is, therefore, important that you review this Agreement regularly.
2) GENERAL REQUIREMENTS.
If you wish to purchase SP8CE by Nicholas Pratley products or services, you represent that you are of legal age to form a binding contract and are not a person barred from purchasing or receiving products or services under the laws of the United States or other applicable jurisdiction. You also agree to (a) provide true, accurate, current, and complete information about yourself as prompted and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, SP8CE by Nicholas Pratley reserves the right to suspend or terminate your account and refuse any and all current or future use of the products or services.
Due to the nature of the Internet, we cannot prohibit minors from visiting SP8CE by Nicholas Pratley. SP8CE by Nicholas Pratley is not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through the website. If you believe that a child has provided information to us through the website, please contact us by email at [email protected]. We will use our best efforts to remove all of the information provided by the child from our system.
4) RESPONSIBILITY OF CONTENT.
You, and not SP8CE by Nicholas Pratley, are entirely responsible for all Content (as defined in the following paragraph) that you upload, post, email, transmit or otherwise make available to SP8CE by Nicholas Pratley. SP8CE by Nicholas Pratley does not control the Content and, as such, we do not guarantee the accuracy, integrity, or quality of such Content. You understand that you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will SP8CE by Nicholas Pratley be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via SP8CE by Nicholas Pratley.
5) PROHIBITED CONDUCT.
You agree not to use SP8CE by Nicholas Pratley or the Blog of Change to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) that:
- is patently offensive and/or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- solicits personal information from anyone under the age of eighteen (18);
- provides any telephone numbers, street addresses, last names, or email addresses of anyone other than your own;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- violates any intellectual property or other proprietary rights of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes;
- involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
6) REJECTION/REMOVAL OF CONTENT.
You acknowledge that SP8CE by Nicholas Pratley may or may not pre-screen Content posted on SP8CE by Nicholas Pratley or transmitted to SP8CE by Nicholas Pratley, but that SP8CE by Nicholas Pratley shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse or remove any Content or portion thereof, in its sole discretion, for any reason. Without limiting the foregoing, SP8CE by Nicholas Pratley shall have the right to remove from SP8CE by Nicholas Pratley any Content that violates this Agreement or is otherwise objectionable in the sole discretion of SP8CE by Nicholas Pratley, or to restrict, suspend, or terminate your access to all or any part of SP8CE by Nicholas Pratley or the Blog of Change at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the website by any person, please contact SP8CE by Nicholas Pratley at [email protected].
You acknowledge, consent and agree that SP8CE by Nicholas Pratley may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of SP8CE by Nicholas Pratley, visitors to and users of SP8CE by Nicholas Pratley and the public.
8) OWNERSHIP OF CONTENT.
SP8CE by Nicholas Pratley does not claim ownership rights in any Content you post on the SP8CE by Nicholas Pratley. Subject to the non-exclusive license contained in the following paragraph, as between SP8CE by Nicholas Pratley and you, you will retain all intellectual property rights that you may have in any Content that you post on the SP8CE by Nicholas Pratley.
9) LICENSE TO YOUR CONTENT.
In order to be able to offer you the use of SP8CE by Nicholas Pratley, you are required to grant a license to SP8CE by Nicholas Pratley to use and distribute your Content. This enables us to permit other visitors to the website to view and share your Content, and to display your Content in other places within SP8CE by Nicholas Pratley (including the Blog of Change). Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “posting”) any content on or through SP8CE by Nicholas Pratley, you hereby grant to SP8CE by Nicholas Pratley a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through SP8CE by Nicholas Pratley, in print or any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your Content to create commercial products such as books. You represent and warrant that: (i) you own all right, title, and interest in all Content posted by you on or through SP8CE by Nicholas Pratley or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through SP8CE by Nicholas Pratley does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
10) ENERCHI & ENERCHI-IGNITELIFE.COM AND THIRD-PARTY CONTENT.
SP8CE by Nicholas Pratley contains Content of SP8CE by Nicholas Pratley (“SP8CE by Nicholas Pratley Content”), and Content of third party licensors to SP8CE by Nicholas Pratley users of SP8CE by Nicholas Pratley, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. SP8CE by Nicholas Pratley owns and retains all rights, title, and interest in the SP8CE by Nicholas Pratley Content. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through SP8CE by Nicholas Pratley.
11) OTHER SITES.
12) INTERNATIONAL USE.
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13) DISCLAIMER OF WARRANTIES.
You expressly understand and agree that:
- Your use of SP8CE by Nicholas Pratley and SP8CE by Nicholas Pratley products and services is at your sole risk. SP8CE by Nicholas Pratley and SP8CE by Nicholas Pratley products and services are provided on an “as is” and “as available” basis. SP8CE by Nicholas Pratley and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- SP8CE by Nicholas Pratley and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that (i) SP8CE by Nicholas Pratley will be uninterrupted, timely, secure, error-free, or free of any harmful components (including viruses); and (ii) the quality of any Content, information or other material obtained by you through SP8CE by Nicholas Pratley will meet your expectations. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
- Any material downloaded or otherwise obtained through the use ofSP8CE by Nicholas Pratley is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
14) LIMITATION ON LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS IN NO EVENT WILL WILL ENERCHI & ENERCHI-IGNITELIFE.COM, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF SP8CE by Nicholas Pratley AND SP8CE by Nicholas Pratley PRODUCTS AND SERVICES, OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF SP8CE by Nicholas Pratley HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SP8CE by Nicholas Pratley LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SP8CE by Nicholas Pratley FOR SP8CE by Nicholas Pratley PRODUCTS AND SERVICES.
15) EXCLUSIONS AND LIMITATIONS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to indemnify, defend, and hold harmless SP8CE by Nicholas Pratley, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity. SP8CE by Nicholas Pratley will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17) ADDITIONAL TERMS.
We may also require you to follow additional rules, guidelines, or other conditions (“Additional Terms”) in order to participate in certain promotions or activities available through SP8CE by Nicholas Pratley, or for other reasons. In addition, certain Additional Terms will govern any purchases you make through SP8CE by Nicholas Pratley. These Additional Terms will be posted on the relevant portions of SP8CE by Nicholas Pratley or websites accessed through links on SP8CE by Nicholas Pratley that describe the specific Content or activities. These Additional Terms are part of this Agreement, and you agree to comply with them when you purchase items or otherwise engage in activities governed by such Additional Terms.
18) MODIFICATIONS AND DISCONTINUATION.
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, SP8CE by Nicholas Pratley or SP8CE by Nicholas Pratley products and services (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance.
19) ENTIRE AGREEMENT.
20) CHOICE OF LAWS AND FORUM.
This Agreement and the relationship between you and SP8CE by Nicholas Pratley shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SP8CE by Nicholas Pratley agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
21) WAIVER AND SEVERABILITY OF TERMS.
The failure of SP8CE by Nicholas Pratley to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
22) STATUTE OF LIMITATIONS.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SP8CE by Nicholas Pratley, SP8CE by Nicholas Pratley products and services, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions regarding this Agreement, please contact us by email at [email protected].