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LEGAL STATEMENT
LEGAL STATEMENT AND ACCEPTABLE USE POLICY of spotdata.com and all related sites owned, operated or controlled by Imagine Communications(each a "Imagine Communications website")
ACCEPTANCE OF TERMS THROUGH USE
This site provides you the ability to learn about Imagine Communications and its products
and services as well as the ability to access our network and services ("Imagine Communications Services").
By using this site, and any other site owned and operated by Imagine Communications, you signify your agreement to
the terms, conditions and notices of this policy. This policy is used in conjunction with the terms
of your product or service agreement with Imagine Communications. Violating any of these policies grants Imagine Communications the
authority to take action to restrict or terminate your access to Imagine Communications Services. We reserve the right,
at our discretion, to update or revise this policy, any other policy or statement on any Imagine Communications website,
and any product offerings or programs described on any Imagine Communications website. Please check back periodically to
review any changes to this policy.
DISCLAIMER OF WARRANTIES AND LIMITS OF LIABILITY
THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT AND THE INTERNET ARE PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. IMAGINE COMMUNICATIONS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON- INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. IMAGINE COMMUNICATIONS DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED. IN NO EVENT SHALL IMAGINE COMMUNICATIONS (OR ANY PERSONS OR ENTITIES RELATED THERETO) BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH OR ARISING FROM USE OF THIS SERVICE IN ANY WAY, INCLUDING ANY LOSS OF USE, DATA OR PROFITS, REGARDLESS OF THE FORM OF ACTION.
LAWFUL USE
You must use this site and the Imagine Communications Services in accordance with the
terms of this policy and your Imagine Communications product or service agreement, and in accordance
with all federal, state and local laws, ordinances, and regulations.
USER CONDUCT, PROHIBITED OR UNLAWFUL USE
In order to maintain an informative and valuable service that meets the
needs of the users of this site and Imagine Communications Services, the following rules
have been established to protect against abuse.
Use of this site or the Imagine Communications Services for any purpose that is unlawful
or in any manner that could damage, disable, overburden or impair the
operation of this site, or Imagine Communications Services or any other party's use or
enjoyment of this site or Imagine Communications Services, is strictly prohibited.
Specifically, you may not:
- Attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Imagine Communications Services or those of any other party;
- Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system;
- Forge any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting;
- Falsify address information or otherwise modify e-mail headers to conceal the sender's or the recipient's identity;
- Use this site or Imagine Communications Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.
- Additionally, you may not, by use of any Imagine Communications Service or another
service, upload, post or otherwise distribute or facilitate distribution
of any content, including text, communications, software, images, sounds,
data, or other information that:
- Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic or inaccurate;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason;
- Constitutes unsolicited duplicative e-mail (commercial or otherwise);
This prohibition extends to the sending of unsolicited mass e-mailings from another service which in any way implicates the use of this site or Imagine Communications Services, Imagine Communications equipment or any Imagine Communications e-mail address.
A communication is unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient who has not requested receipt of communications.
Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Your participation in online communication is not edited, censored or otherwise controlled by Imagine Communications. However, Imagine Communications reserves the right to monitor content on this site and Imagine Communications Services and to remove content which Imagine Communications, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this policy.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that copyrights, trademarks, service marks,
patents, trade secrets, and other proprietary rights and laws protect
all content and materials available on this site. Unless expressly stated,
nothing on any Imagine Communications website shall be interpreted or implied in such
as way as conferring any license or right to any intellectual property
rights or license to any intellectual property, content, technology, system,
process, or related material belonging to Imagine Communications by virtue of it being
displayed or made accessible on any Imagine Communications website. Except as expressly
authorized by Imagine Communications, you agree not to use this site or the Imagine Communications Services
in any manner that would infringe, violate, dilute or misappropriate any
such rights, with respect to any material, which you access or receive
through this site or the Imagine Communications Services.
The Imagine Communications name, Imagine Communications design logo, other related names, design marks, product names, feature names and related logos are trademarks of Imagine Communications, and may only be used with the express written permission of Imagine Communications. Imagine Communications claims copyright interests in all original content or works provided by Imagine Communications on the Imagine Communications websites. If any pages, information or content is copied, it may only be copied for non-commercial uses and Imagine Communications shall, in any event, retain all copyright and other proprietary interests therein.
If you use a domain name in connection with the Imagine Communications web hosting, or any other webhosting service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Limited Linking License for Other Sites and Other Uses
Commercial and other websites may include a link to Imagine Communications' website,
so long as any such link satisfies all six (6) of the following requirements:
- Links to the website's homepage (www.spotdata.com).
- Indicates clearly that the link will lead to the applicable Imagine Communications website.
- Does not falsely represent or suggest any relationship between the linking site and Imagine Communications (including suggestions of affiliation, endorsement, or sponsorship).
- Delivers Imagine Communications website's content outside of a framed environment.
- Maintains the integrity of Imagine Communications website's layout, content, and look and feel.
- Delivers users to the Imagine Communications website, unaltered, unmodified, unadulterated in any way by the linking site.
Any link that does not comply with all of the above must be approved, in writing, by the spotdatasupport@imaginecommunications.com
This Limited License expressly prohibits the framing of Imagine Communications' content in any way or any other activity, specifically including but not limited to referencing "Imagine Communications" as a metatag, that may create a misimpression or confusion among users with respect to sponsorship or affiliation.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to any Imagine Communications website, you:
- Grant Imagine Communications the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the Imagine Communications Privacy Policy, which is incorporated in and made a part of this policy; and,
- Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Imagine Communications will not infringe or violate the rights of any third party.
INTERNET RELAY CHAT RULES
You must not use any programs that may or will interfere with another's
use of this site or Imagine Communications Services. You must not run any Internet Relay
Chat ("IRC") robot on any IRC server. When logged into any IRC
server, you must comply with the rules and policies established by that
IRC's service administrator.
DIAL-UP USE RULES
When accessing Imagine Communications Services via dial-up, you must not use Imagine Communications Services
to operate server programs, including but not limited to, mail, IRC, ftp
or Web servers. You must not use dial-up access on a standby or inactive
basis in order to maintain a connection. The use of automated electronic
or mechanical processes to maintain a constant connection, such as the
use of an auto-dialer, persistent checking of e-mail or "pinging"
the host, are prohibited.
GOVERNING LAW
This policy is subject to, and shall be construed and enforced in accordance with the laws
of the State of Colorado, USA, regardless of any conflict of law principles requiring the application of any other law. The
parties agree that the exclusive venue for any action related to the dispute
or interpretation of this policy shall be in the courts with the appropriate
jurisdiction located in Denver, Colorado, and each party irrevocably submits
to the jurisdiction of each such court in any such action and waives any objection
it may now or hereafter have to venue or personal jurisdiction in each such
court. The prevailing party in any action related to the dispute or interpretation
of this policy shall be entitled to recover its reasonable attorneys fees incurred
in pursuing the action, including those fees incurred throughout all bankruptcy and
appellate proceedings. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY LAW,
TO WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY ACTION RELATING TO THE DISPUTE OR
INTERPRETATION OF THIS POLICY, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE.
THE PARTIES SPECIFICALLY ACKNOWLEDGE THAT THIS WAIVER IS MADE KNOWINGLY AND VOLUNTARILY
AFTER AN ADEQUATE OPPORTUNITY TO NEGOTIATE ITS TERMS.