| Terms
Of Service
SPANetworks.com is an online subscription service (the "Service")
owned and operated by Live Interactive SRL. ("Live Interactive").
Please carefully read and understand these Terms and Conditions prior
to becoming a subscriber to the Service, as they constitute a binding
legal agreement (the "Agreement") by and between Live Interactive
and persons who elect to become subscribers to the Service (the "Subscribers").
1. As a Subscriber to the Service, you agree to be bound by each and
every provision contained in this Agreement (the "Agreement").
This Agreement may be modified or amended by Live Interactive at any
time, and changes are effective upon notice to each Subscriber. Notices
by Live Interactive to Subscribers may be given via electronic messages
through the Service, a posting on the Service, or by mail.
2. Subscribers will be charged a subscription fee for the Service,
in accordance with Live Interactive' then-current billing terms. Except
as otherwise provided herein, subscription fees are non-refundable.
3. Until such time as this Agreement is terminated in accordance with
its provisions, Subscriber agrees to pay his/her/its subscription
fee by credit card (or other approved facility or mechanism), and
hereby authorizes Live Interactive to charge Subscriber's credit card
(or other approved facility or mechanism) for the ongoing subscription
fee, and for any and all purchases or products and/or services purchased
by Subscriber from the Service. All services or products are owned
by Live Interactive.
4. Subscriber agrees to immediately inform Live Interactive of any
of the following changes in his/her/its credit card account: Card
loss or theft, or unauthorized usage of the card; apparent breach
of security of Subscriber ID or password, such that unauthorized access
to the Service via the card is possible. Unless Subscriber gives proper
notice to Live Interactive of same, Subscriber will remain liable
to Live Interactive for any and all charges for unauthorized use of
the Service.
5. Subscription to the Service will be automatically renewed for the
original term upon expiration of such term, unless Live Interactive
is notified via our online Customer Service Area at http://customer.spanetworks.com/support.php
7 days prior to membership expiration.
•
1 DAY trial memberships will renew to a full
membership 24 hours after signup. Membership will not be renewed
if subscriber cancels within this trial period and can provide
proof of such cancellation via cancellation confirmation number.
• Cancellation for trail and full membership may ONLY
be accomplished via the online Live Interactive Customer Service
Website. You may access this website by going to http://customer.spanetworks.com/support.php
This service is available 24 hours a day, seven days a week.
Upon cancellation of your account, you will receive a Cancellation
Confirmation Notice for your records.
• Upon "upgrading" a Trial Subscription to a
Full Membership, the subscriber acknowledges that Live Interactive
will bill the subscriber for a full monthly membership, and
will thus continue as a full, re-occurring Member. Trial fees
are non-refundable. |
6. Trial Subscribers acknowledge that Trial subscriptions may not
necessarily entitle full, unrestricted access to the website. Special
Features, and Member's Events will be restricted to full members only.
Trial Subscribers can either "Upgrade" their Memberships
at anytime via the website or wait until the account re-bills to a
Full Monthly Membership. Each process will grant full access. The
"upgrade" process will immediately enter the subscriber
into a Full-Monthly billing cycle.
7. Live Interactive has no responsibility for supplying Subscribers
with computer equipment or communications connections necessary to
access the Service. Subscribers are solely responsible for these items.
8. Upon
becoming a Subscriber to the Service, Live Interactive will provide
the Subscriber with a unique ID and password which allows access to
the Service. The ID and password is issued by Live Interactive in
the form of a revocable license and remain the property of Live Interactive
and constitute proprietary information and are the property of Live
Interactive. IDs and passwords are non- transferable. Each Subscriber
must keep his password strictly confidential.
For security
reasons, and in accordance to the Privacy and Confidentiality Statement,
Live Interactive will not release passwords for any reason, except
as the reasons set out therein. Transfer of any ID or password to
another person or entity, or allowing any person or entity other than
the Subscriber to access the Service via such Subscriber's ID and
password is strictly prohibited, and is a breach of this Agreement
and a violation of law. Each account (username) is limit to no more
than 10 logins a day over a 24 over hour period. The said period lasts
from 12:00 midnight EST to 12:00 midnight EST
9. Subscriber
hereby swears and affirms under oath, warrants and represents that
he/she
has the legal capacity (18 years of age or 21 in some jurisdictions)
to enter into agreements of this nature. Live Interactive makes no
representation or warranty that the content published on SPANetworks.com
complies with the local laws of your jurisdiction. You are solely
responsible for knowing and understanding your local laws concerning
standards of content legality for purposes of obscenity laws. You
further represent and warrant that you understand the nature of the
content published on SPANetworks.com, namely, sexually explicit materials,
and that you voluntarily and knowingly choose to view such material,
and that such material does not offend or vex your sensibilities.
Should you be unable to affirmatively make the representations and
warranties contained herein, do NOT subscribe to this Service.
10. Under
no circumstances, including, but not limited to, negligence, shall
Live Interactive or any of its related, affiliated companies be liable
for any direct, indirect, incidental, special, consequential or punitive
damages that result from the use of, or the inability to use the Service.
Subscriber specifically acknowledges and agrees that Live Interactive
is not liable for any defamatory, offensive or illegal conduct of
any user, or for any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, alteration
of or use of records, whether under contract or tort theory, or under
any other cause of action, for any amount over and above the amount
paid by Subscriber to Live Interactive for the preceding twelve (12)
months.
11. Live
Interactive MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION,
SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE.
SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. Live Interactive,
NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER
OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT,
OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION
OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY
OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, Live Interactive
MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR
NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
12. Subscriber
agrees to indemnify and hold harmless Live Interactive, SPANetworks.com,
their officers, directors, managers, members, agents and employees
from any against any claims, losses, liabilities or expenses (including
reasonable attorneys' fees) arising out of Subscriber's breach of
any term, condition or promise contained herein. Should any such claim
for indemnification arise, or should any action be brought by Subscriber
or Live Interactive relating to any services or products offered by
or through the Service.
13. Except
for public domain material and electronic messages, all material displayed
on the Service is copyrighted by Live Interactive, or is licensed
under copyright by Live Interactive, and may not be copied, redistributed,
or downloaded, in whole or in part, without the prior written consent
of Live Interactive.
14. The
Service is for the private, non- commercial enjoyment of Subscribers
only. Any other use is prohibited.
15. There
are no facilities provided by the Service for sending or receiving
private or confidential electronic communications. All messages shall
be deemed to be readily accessible to the general public. Do not use
the Service for any communication for which the sender intends only
the sender and the intended recipient(s) to read. Subscriber hereby
acknowledges and agrees that all messages entered into this Service
can and may be read by the operators of the Service, whether or not
they are the intended recipient(s).
16. Notices
by Live Interactive to Subscribers may be given by means of electronic
messages through the Service, by a general posting on the service,
or by conventional mail. Notices by Subscribers may be given by electronic
messages or conventional mail, unless otherwise specified in the Agreement.
17. This Agreement
sets forth the full and complete understanding between Subscriber
and Live Interactive with respect to its subject matter, and supersedes
all prior understanding or agreements, whether written or verbal.
This Agreement may be modified upon notice by Live Interactive to
its Subscribers. Unless contrary to law or otherwise stated, each
provision of this Agreement shall survive termination. This Agreement
shall be governed by, and construed in accordance with, the laws of
the State of Michigan for contracts entered into and wholly performed
within that State. The prevailing party in any suit to enforce the
terms hereof shall be entitled to recover his/her/its reasonable attorneys'
fees.
18. This
agreement shall be governed by the laws of Uruguay. Any disputes between
the parties in connection with this Agreement and, in particular,
concerning its interpretation, validity, compliance and termination
(including the validity and compliance with this Clause) shall be
submitted to arbitration of law, that shall be settled by a sole arbitrator
following the rules of the Uruguayan Commerce Chamber.
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