SpSystem makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
This
Agreement sets forth the general terms and conditions of your use of the
Site and the products and services purchased or accessed through this
Site (individually and collectively, the “Services”), and is in addition
to (not in lieu of) any specific terms and conditions that apply to the
particular Services. Whether you are simply browsing or using this Site
or purchase Services, your use of this Site and your electronic
acceptance of this Agreement signifies that you have read, understand,
acknowledge and agree to be bound by this Agreement, along with the
following policies, including Privacy Policy and the applicable product
agreements, which are incorporated herein by reference: The terms “we”,
“us” or “our” shall refer to SpSystem. The terms “you”, “your”, “User”
or “customer” shall refer to any individual or entity who accepts this
Agreement, has access to your account or uses the Services. Nothing in
this Agreement shall be deemed to confer any third-party rights or
benefits. SpSystem may, in its sole and absolute discretion, change or
modify this Agreement, and any policies or agreements which are
incorporated herein, at any time, and such changes or modifications
shall be effective immediately upon posting to this Site. Your use of
this Site or the Services after such changes or modifications have been
made shall constitute your acceptance of this Agreement as last revised.
If you do not agree to be bound by this Agreement as last revised, do
not use (or continue to use) this Site or the Services. In addition,
SpSystem may occasionally notify you of changes or modifications to this
Agreement by email. It is therefore very important that you keep your
shopper account (“Account”) information current. SpSystem assumes no
liability or responsibility for your failure to receive an email
notification if such failure results from an inaccurate email address.
This
Site and the Services are available only to Users who can form legally
binding contracts under applicable law. By using this Site or the
Services, you represent and warrant that you are (i) at least eighteen
(18) years of age, (ii) otherwise recognized as being able to form
legally binding contracts under applicable law, and (iii) are not a
person barred from purchasing or receiving the Services found under the
laws of the Cyprus or other applicable jurisdiction. If you are entering
into this Agreement on behalf of a corporate entity, you represent and
warrant that you have the legal authority to bind such corporate entity
to the terms and conditions contained in this Agreement, in which case
the terms “you”, “your”, “User” or “customer” shall refer to such
corporate entity. If, after your electronic acceptance of this
Agreement, SpSystem finds that you do not have the legal authority to
bind such corporate entity, you will be personally responsible for the
obligations contained in this Agreement, including, but not limited to,
the payment obligations. SpSystem shall not be liable for any loss or
damage resulting from SpSystem’s reliance on any instruction, notice,
document or communication reasonably believed by SpSystem to be genuine
and originating from an authorized representative of your corporate
entity. If there is reasonable doubt about the authenticity of any such
instruction, notice, document or communication, SpSystem reserves the
right (but undertakes no duty) to require additional authentication from
you. You further agree to be bound by the terms of this Agreement for
transactions entered into by you, anyone acting as your agent and anyone
who uses your account or the Services, whether or not authorized by
you.
Accounts. In order to access some of the features of this
Site or use some of the Services, you will have to create an Account.
You represent and warrant to SpSystem that all information you submit
when you create your Account is accurate, current and complete, and that
you will keep your Account information accurate, current and complete.
If SpSystem has reason to believe that your Account information is
untrue, inaccurate, out-of-date or incomplete, SpSystem reserves the
right, in its sole and absolute discretion, to suspend or terminate your
Account. You are solely responsible for the activity that occurs on
your Account, whether authorized by you or not, and you must keep your
Account information secure, including without limitation your customer
number/login, password, Payment Method(s) (as defined below). For
security purposes, SpSystem recommends that you change your password at
least once every six (6) months for each Account. You must notify
SpSystem immediately of any breach of security or unauthorized use of
your Account. SpSystem will not be liable for any loss you incur due to
any unauthorized use of your Account. You, however, may be liable for
any loss SpSystem or others incur caused by your Account, whether caused
by you, or by an authorized person, or by an unauthorized person.
Transfer
of Data Abroad. If you are visiting this Site from a country other than
the country in which our servers are located, your communications with
us may result in the transfer of information (including your Account
information) across international boundaries. By visiting this Site and
communicating electronically with us, you consent to such transfers.
Subject
to the terms and conditions of this Agreement and our other policies
and procedures, we shall use commercially reasonable efforts to attempt
to provide this Site and the Services on a twenty-four (24) hours a day,
seven (7) days a week basis. You acknowledge and agree that from time
to time this Site may be inaccessible or inoperable for any reason
including, but not limited to, equipment malfunctions; periodic
maintenance, repairs or replacements that we undertake from time to
time; or causes beyond our reasonable control or that are not reasonably
foreseeable including, but not limited to, interruption or failure of
telecommunication or digital transmission links, hostile network
attacks, network congestion or other failures. You acknowledge and agree
that we have no control over the availability of this Site or the
Service on a continuous or uninterrupted basis, and that we assume no
liability to you or any other party with regard thereto. From time to
time, SpSystem may offer new Services (limited preview services or new
features to existing Services) in a pre-release version. New Services,
new features to existing Services or limited preview services shall be
known, individually and collectively, as “Trial Services”. If you elect
to use any Trial Services, then your use of the Trial Services is
subject to the following terms and conditions: (i) You acknowledge and
agree that the Trial Services are pre-release versions and may not work
properly; (ii) You acknowledge and agree that your use of the Trial
Services may expose you to unusual risks of operational failures; (iii)
The Trial Services are provided AS-IS, so we do not recommend using them
in production or mission critical environments; (iv) SpSystem reserves
the right to modify, change, or discontinue any aspect of the Trial
Services at any time; (v) Commercially released versions of the Trial
Services may change substantially, and programs that use or run with the
Trial Services may not work with the commercially released versions or
subsequent releases; (vi) SpSystem may limit availability of customer
service support time dedicated to support of the Trial Services; (vii)
You acknowledge and agree to provide prompt feedback regarding your
experience with the Trial Services in a form reasonably requested by us,
including information necessary to enable us to duplicate errors or
problems you experience. You acknowledge and agree that we may use your
feedback for any purpose, including product development purposes. At our
request you will provide us with comments that we may use publicly for
press materials and marketing collateral. Any intellectual property
inherent in your feedback or arising from your use of the Trial Services
shall be owned exclusively by SpSystem; (viii) You acknowledge and
agree that all information regarding your use of the Trial Services,
including your experience with and opinions regarding the Trial
Services, is confidential, and may not be disclosed to a third party or
used for any purpose other than providing feedback to SpSystem; (ix) The
Trial Services are provided “as is”, “as available”, and “with all
faults”. To the fullest extent permitted by law, SpSystem disclaims any
and all warranties, statutory, express or implied, with respect to the
Trial Services including, but not limited to, any implied warranties of
title, merchantability, fitness for a particular purpose and
non-infringement. You acknowledge and agree that you have the necessary
rights and permissions to share all information necessary to provide the
Services with SpSystem. You acknowledge and agree that the Services may
be provided by independent contractors or third-party service
providers. All paid support services are non-refundable.
You acknowledge and agree that:
1.
Your use of this Site and the Services, including any content you
submit, will comply with this Agreement and all applicable local, state,
national and international laws, rules and regulations.
2. You will
not collect or harvest (or permit anyone else to collect or harvest)
any User Content (as defined below) or any non-public or personally
identifiable information about another User or any other person or
entity without their express prior written consent.
3. You will not use this Site or the Services in a manner (as determined by SpSystem in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
-
Violates the privacy or publicity rights of another User or any other
person or entity, or breaches any duty of confidentiality that you owe
to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
-
Contains or installs any viruses, worms, bugs, Trojan horses,
Cryptocurrency Miners or other code, files or programs designed to, or
capable of, using many resources, disrupting, damaging or limiting the
functionality of any software or hardware;
- Or Contains false or deceptive language, or unsubstantiated or comparative claims, regarding SpSystem or SpSystem’s Services.
4.
You will not copy or distribute in any medium any part of this Site or
the Services, except where expressly authorized by SpSystem.
5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
6.
You will not access SpSystem Content (as defined below) or User Content
through any technology or means other than through this Site itself, or
as SpSystem may designate.
7. You agree to back-up all of your User
Content so that you can access and use it when needed. SpSystem does
not warrant that it backs-up any Account or User Content, and you agree
to accept as a risk the loss of any and all of your User Content.
8.
You will not re-sell or provide the Services for a commercial purpose,
including any of SpSystem’s related technologies, without SpSystem's
express prior written consent.
9. You agree to provide
government-issued photo identification and/or government-issued business
identification as required for verification of identity when requested.
10.
You are aware that SpSystem may from time-to-time call you about your
account. You will be informed about such recording, purposes thereof, as
well as any other information will be provided to you as required by
applicable law. You further acknowledge and agree that, to the extent
permitted by applicable law, any such recording(s) may be submitted as
evidence in any legal proceeding, in which SpSystem is a party.
SpSystem
reserves the right to modify, change, or discontinue any aspect of this
Site or the Services, including without limitation prices and fees for
the same, at any time.
In addition to the general rules above,
the provisions in this Section apply specifically to your use of
SpSystem Content and User Content posted to SpSystem’s corporate
websites (i.e., those sites which SpSystem directly controls or
maintains). The applicable provisions are not intended to and do not
have the effect of transferring any ownership or licensed rights
(including intellectual property rights) you may have in content posted
to your hosted websites. SpSystem Content. Except for User Content, the
content on this Site and the Services, including without limitation the
text, software, scripts, source code, API, graphics, photos, sounds,
music, videos and interactive features and the trademarks, service marks
and logos contained therein (“SpSystem Content”), are owned by or
licensed to SpSystem in perpetuity, and are subject to copyright,
trademark, and/or patent protection in the Cyprus and foreign countries,
and other intellectual property rights under Cyprus and foreign laws.
SpSystem Content is provided to you “as is”, “as available” and “with
all faults” for your information and personal, non-commercial use only
and may not be downloaded, copied, reproduced, distributed, transmitted,
broadcast, displayed, sold, licensed, or otherwise exploited for any
purposes whatsoever without the express prior written consent of
SpSystem. No right or license under any copyright, trademark, patent, or
other proprietary right or license is granted by this Agreement.
SpSystem reserves all rights not expressly granted in and to the
SpSystem Content, this Site and the Services, and this Agreement do not
transfer ownership of any of these rights.
User Content. Some of
the features of this Site or the Services may allow Users to view, post,
publish, share, store, or manage (a) ideas, opinions, recommendations,
or advice (“User Submissions”), or (b) literary, artistic, musical, or
other content, including but not limited to photos and videos (together
with User Submissions, “User Content”). User Content includes all
content submitted through your Account. By posting or publishing User
Content to this Site or to the Services, you represent and warrant to
SpSystem that (i) you have all necessary rights to distribute User
Content via this Site or via the Services, either because you are the
author of the User Content and have the right to distribute the same, or
because you have the appropriate distribution rights, licenses,
consents, and/or permissions to use, in writing, from the copyright or
other owner of the User Content, and (ii) the User Content does not
violate the rights of any third party.
Security. You agree not
to circumvent, disable or otherwise interfere with the security-related
features of this Site or the Services found at this Site (including
without limitation those features that prevent or restrict use or
copying of any SpSystem Content or User Content) or enforce limitations
on the use of this Site or the Services found at this Site, the
SpSystemContent or the User Content therein.
The provisions in
this Section apply specifically to SpSystem’s use of User Content posted
to SpSystem’s corporate websites (i.e., those sites which SpSystem
directly controls or maintains). The applicable provisions are not
intended to and do not have the effect of transferring any ownership or
licensed rights (including intellectual property rights) you may have in
content posted to your hosted websites.
Generally. You shall be
solely responsible for any and all of your User Content or User Content
that is submitted through your Account, and the consequences of, and
requirements for, distributing it.
With Respect to User Submissions. You acknowledge and agree that:
1. Your User Submissions are entirely voluntary.
2.
Your User Submissions do not establish a confidential relationship or
obligate SpSystem to treat your User Submissions as confidential or
secret.
3. SpSystem has no obligation, either express or implied, to
develop or use your User Submissions, and no compensation is due to you
or to anyone else for any intentional or unintentional use of your User
Submissions.
4. SpSystem may be working on the same or similar
content, it may already know of such content from other sources, it may
simply wish to develop this (or similar) content on its own, or it may
have taken / will take some other action.
SpSystem shall own
exclusive rights (including all intellectual property and other
proprietary rights) to any User Submissions posted to this Site, and
shall be entitled to the unrestricted use and dissemination of any User
Submissions posted to this Site for any purpose, commercial or
otherwise, without acknowledgment or compensation to you or to anyone
else.
With Respect to User Content (Other Than User Submissions).
If
you have a website or other content hosted by SpSystem, you shall
retain all of your ownership or licensed rights in User Content.
By
posting or publishing User Content to this Site or through the
Services, you authorize SpSystem to use the intellectual property and
other proprietary rights in and to your User Content to enable inclusion
and use of the User Content in the manner contemplated by this Site and
this Agreement. You hereby grant SpSystem a worldwide, non-exclusive,
royalty-free, sublicensable (through multiple tiers), and transferable
license to use, reproduce, distribute, prepare derivative works of,
combine with other works, display, and perform your User Content in
connection with this Site, the Services and SpSystem’s (and
SpSystem’saffiliates’) business(es), including without limitation for
promoting and redistributing all or part of this Site in any media
formats and through any media channels without restrictions of any kind
and without payment or other consideration of any kind, or permission or
notification, to you or any third party. You also hereby grant each
User of this Site a non-exclusive license to access your User Content
(with the exception of User Content that you designate “private” or
“password protected”) through this Site, and to use, reproduce,
distribute, prepare derivative works of, combine with other works,
display, and perform your User Content as permitted through the
functionality of this Site and under this Agreement. The above licenses
granted by you in your User Content terminate within a commercially
reasonable time after you remove or delete your User Content from this
Site. You understand and agree, however, that SpSystem may retain (but
not distribute, display, or perform) server copies of your User Content
that have been removed or deleted. The above licenses granted by you in
your User Content are perpetual and irrevocable. Notwithstanding
anything to the contrary contained herein, SpSystem shall not use any
User Content that has been designated “private” or “password protected”
by you for the purpose of promoting this Site or SpSystem’s (or
SpSystem’s affiliates’) business(es).
SpSystem generally does not
pre-screen User Content (whether posted to a website hosted by SpSystem
or posted to this Site). However, SpSystem reserves the right (but
undertakes no duty) to do so and decide whether any item of User Content
is appropriate and/or complies with this Agreement. SpSystem may remove
any item of User Content (whether posted to a website hosted by
SpSystem or posted to this Site) and/or terminate a User’s access to
this Site or the Services found at this Site for posting or publishing
any material in violation of this Agreement, or for otherwise violating
this Agreement (as determined by SpSystem in its sole and absolute
discretion), at any time and without prior notice. SpSystem may also
terminate a User’s access to this Site or the Services found at this
Site if SpSystem has reason to believe the User is a repeat offender. If
SpSystem terminates your access to this Site or the Services found at
this Site, SpSystem may, in its sole and absolute discretion, remove and
destroy any data and files stored by you on its servers.
SpSystem
expressly reserves the right to deny, cancel, terminate, suspend, lock,
or modify access to (or control of) any Account or Services (including
the right to cancel or transfer any domain name registration) for any
reason (as determined by SpSystem in its sole and absolute discretion),
including but not limited to the following: (i) to correct mistakes made
by SpSystem in offering or delivering any Services (including any
domain name registration), (ii) to protect the integrity and stability
of, and correct mistakes made by, any domain name registry, (iii) to
assist with our fraud and abuse detection and prevention efforts, (iv)
to comply with court orders against you and/or your domain name or
website and applicable local, state, national and international laws,
rules and regulations, (v) to comply with requests of law enforcement,
including subpoena requests, (vi) to comply with any dispute resolution
process, (vii) to defend any legal action or threatened legal action
without consideration for whether such legal action or threatened legal
action is eventually determined to be with or without merit, or (viii)
to avoid any civil or criminal liability on the part of SpSystem, its
officers, directors, employees and agents, as well as SpSystem ’s
affiliates, including, but not limited to, instances where you have sued
or threatened to sue SpSystem.
SpSystem expressly reserves the
right to terminate, without notice to you, any and all Services where,
in SpSystem's sole discretion, you are harassing or threatening SpSystem
and/or any of SpSystem's employees.
No Spam. We do not tolerate
the transmission of spam. We monitor all traffic to and from our web
servers for indications of spamming. Customers suspected to be using our
products and services for the purpose of sending spam are fully
investigated. If we determine there is a problem with spam, we will take
the appropriate action to resolve the situation.
We define spam
as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk
Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile
sent to recipients as an advertisement or otherwise, without first
obtaining prior confirmed consent to receive these communications. This
can include, but is not limited to, the following:
- Email Messages
- Newsgroup postings
- Windows system messages
- Pop-up messages (aka "adware" or "spyware" messages)
- Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
- Online chat room advertisements
- Guestbook or Website Forum postings
- Facsimile Solicitations
- Text/SMS Messages
We
will not allow our servers and services to be used for the purposes
described above. In order to use our products and services, you must not
only abide by all applicable laws and regulations but you must also
abide by this no spam policy. Commercial advertising and/or bulk emails
or faxes may only be sent to recipients who have “opted-in” to receive
messages. They must include a legitimate return address and reply-to
address, the sender's physical address, and an opt-out method in the
footer of the email or fax. Upon request by us, conclusive proof of
opt-in may be required for an email address or fax number.
If we
determine the services in question are being used in association with
spam, we will re-direct, suspend, or cancel any web site hosting, domain
registration, email boxes or other applicable services until customer
responds. The registrant or customer will be required to respond by
email to us stating that they will cease to send spam and/or have spam
sent on their behalf. In the event we determine the abuse has not
stopped after services have been restored the first time, we may
terminate the hosting and email boxes associated with the domain name in
question.
This Site and the Services found at this Site may
contain links to third-party websites that are not owned or controlled
by Hostinger. SpSystem assumes no responsibility for the content, terms
and conditions, privacy policies, or practices of any third-party
websites. In addition, SpSystem does not censor or edit the content of
any third-party websites. By using this Site or the Services found at
this Site, you expressly release SpSystem from any and all liability
arising from your use of any third-party website. Accordingly, SpSystem
encourages you to be aware when you leave this Site or the Services
found at this Site and to review the terms and conditions, privacy
policies, and other governing documents of each other website that you
may visit.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
SpSystem offers a variety of cryptocurrencies, tokens and digital assets payment options through a Cryptocurrency Payment Provider (“CPP”). In the event you select a CPP, you represent that you have already agreed to any and all of the CPP’s applicable customer service agreements in advance of completing your transaction at SpSystem. If applicable, an “Exchange Rate Conversion Fee”, as well as "Transaction Fee" and any other fees or charges applicable to your agreement with the CPP (collectively, the “CPP Fees”), from your Funding Sources. You understand and agree that CPP Fees are subject to change at any time by the CPP without notice to you by SpSystem.
We may collect, store and process certain information pertaining to visitors and users of our User’s websites or services, solely on our Users’ behalf and at their direction. Each of our Users is able to collect and manage information, including personal data, via their website. Such information and personal data are then stored with SpSystem. For such purposes, within the meaning of the GDPR, SpSystem may in certain limited cases, as specified in the Terms of Service, be considered as a “data processor” of such information pertaining to visitors and users of their websites or services. The Users controlling and operating such User websites, shall be considered as the “data controllers” of such information, and shall be solely, completely and fully responsible and liable for complying with all laws and regulations that may apply to the collection and control thereof, including all privacy and data protection laws of all relevant jurisdictions.
User shall be solely, completely and fully responsible for the security, integrity and authorized usage of information related to visitors and users of their websites or services, and for obtaining consents, permissions and providing any fair processing notices required for the collection and usage of such information.
Developing Platform. We use data, including public feedback, to conduct research and development for the further development of our platform in order to provide you and others with a better, more intuitive and personalized experience, drive membership growth.
Customer Support. We use data to help you and fix problems. We use the data (which can include your communications) to investigate, respond to and resolve complaints and issues (e.g., bugs).
Aggregate Insights. We use data to generate aggregate insights. We use your data to produce and share aggregated insights that do not identify you.
Security and Investigations. We use data for security, fraud prevention and investigations. We use your data (including your communications) if we think it's necessary for security purposes or to investigate possible fraud or other violations of our Terms of User or this Policy and/or attempts to harm our Users.
We generally retain your personal information for as long as is necessary to provide our services and to comply with our legal obligations. Where your personal information is no longer required we will ensure it is securely deleted.
If you would like to stop us using your personal information, you shall request that we erase your personal information and close your SpSystem Account.
After de-activation of Account, we will still retain the some data for the purposes of compliance with applicable legal requirements (such as tax, accounting, legal reporting, AML, other), for as long as we are legally required by virtue of such legal requirements.
If you reside in a jurisdiction that imposes "data localisation" or "data residency" obligations (i.e., requiring that Personal Information of its residents be kept within the territorial boundaries of such jurisdiction), and this fact comes to our attention, we may maintain your Personal Information within such territorial boundaries, if we are legally obligated to do so.
You acknowledge that while doing so, we may continue to collect, store and use your Personal Information elsewhere.
SpSystem has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third-Party Services for further enhancing the security of our Services and protection of our Visitors' and Users' privacy.
Regardless of the measures and efforts taken by SpSystem, we cannot and do not guarantee the absolute protection and security of your Personal Information, or any other User Content you upload, publish or otherwise share with SpSystem or anyone else.
We therefore encourage you to set strong passwords for your User Account and avoid providing us or anyone with any sensitive information of which you believe its disclosure could cause you substantial or irreparable harm.
You are entitled to a range of rights regarding the protection of your Personal Data, which are subject to limitations, restrictions and conditions as laid down in GDPR and applicable law. Those rights are:
- the right to access the information we process about you;
- the right to rectify incorrect/inaccurate information about you;
- the right to transfer all or part of the information collected about you to you or another data controller, where technically feasible (the right to data portability; with limitations and restrictions as specified in the EU General Data Protection Regulation);
- the right to erase any data concerning you. Users may demand erasure of data without undue delay for legitimate reasons, e.g. where data is no longer necessary for the purposes it was collected, or where the data has been unlawfully processed;
- the right to the restriction of data processing. Users, for legitimate purposes, may obtain restriction of data processing from the controller;
- the right to object to the processing of Personal Data when processing is carried out on the basis of legitimate interest, as well as in cases of use of your personal data for direct marketing purposes, as specified above in this Policy.
Our Policy may change from time to time. We will post any Policy changes on our website and, if the changes are significant, we may consider providing a more explicit notice (including, for certain services, email notification of Policy changes).