USER TERMS OF USE
1. Site and Services. Spiti Social allows a user [“you” or “User”] to browse content [the “Services”] via our website and mobile application [the “Site”].
In order to access our Site you must set up a Spiti Social account [the “User Account”] and by use of your User Account and accessing and using our Site and Services, you agree to the following terms and conditions and any policies, guidelines or amendments thereto that may be presented to you from time to time [collectively, the “Terms”]. You agree to review these Terms regularly and that you will immediately stop being a User of our Services if at any time you do not agree with these Terms or any modifications thereof. We expressly reserve the right to change these Terms at any time for whatever reason. Spiti Social reserves the right to refuse any User for any reason.
2. User Account Setup. After setting up your User Account as directed by the instructions on our Site, you will be able to view the content posted on our Site, save said content to your User Account and connect with the agents posting content [the “Agents/Brokers”] and our third-party advertisers who post content [the “Advertisers”]. While your User Account will not be searchable by other users or Agents/Brokers of our Site, if you choose to contact/communicate with another user, Agents/Brokers or Advertiser they will have access to your information.
3. Term. These Terms are effective on the date in which you first create your User Account and will remain in effect until you deactivate your User Account or if Spiti Social cancels your User Account. Any clauses that would naturally survive deactivation or cancellation shall survive.
4. Notices. Notices, if any, will be made to User via posting information on the Site or via the email address associated with your User Account.
5. User Responsibility for User Account. You understand and agree that you are solely responsible for all activities that occur under your User Account and for maintaining the confidentiality and privacy of your password. You agree to accept responsibility for any activities that result from unauthorized use of your User Account. You understand and agree that Spiti Social will not be held liable for any loss or damage arising from your failure to manage your User Account or any errors or omissions therein. Spiti Social reserves the right to refuse use of our Services and/or access to our Site to you at any time whatsoever without notice for any reason.
6. Use of Site. You represent that you are of legal age to form a binding contract and have full power, capacity and authority to accept these Terms. You are solely responsible for any material provided by you through your User Account on our Site and agree that any liability or harm resulting therefrom is solely your liability, and you will indemnify and hold harmless Spiti Social. You warrant that material, if any, posted by you on our Site is your own content, or that you have express permission to use said content, and said content does not infringe upon any third parties’ rights. You warrant that the content posted has no viruses or any other harmful components, is not spam and does not violate the law in any way. If any party believes that any content on or linked to by Spiti Social violates their copyright ownership, they are encouraged to notify Spiti Social in accordance with the protocols of the Digital Millennium Copyright Act ("DMCA"). We will respond to all notices, including as required or appropriate by removing any infringing material. You are granted a limited, non-exclusive, non-transferable, revocable right to
USER TERMS OF USE
use Spiti Social strictly in accordance with these Terms of Use. You warrant that you will not use this Site for any purpose that is unlawful or prohibited by these Terms, you represent that you will not post to the Site any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, sexually offensive or discriminatory, racially offensive or discriminatory, illegal, discriminatory in any manner or any material that infringes upon or violates another persons’ rights; that you will act in a manner consistent with any and all applicable laws and regulations; that you will not submit false information or misrepresent yourself in any way; that you will maintain current and accurate contact information; that you will not advertise to, or solicit, any other users of Spiti Social to buy, create, sell, etc., any products or services through the Site that is not authorized to be sold. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Nothing herein should be construed as granting any license or right to use any intellectual property, including trademarks, service marks, logos, slogans or taglines, belonging to Spiti Social or third parties’ affiliates, or any software or code relating to the Site or Services without obtaining permission.
7. Content. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape”, or in any way reproduce or circumvent the navigational structure of the Site or its contents. You will not interfere with or disrupt our Site’s services, or the servers or networks connected to our services or the Site. You will not attempt to recreate any part of the Site. You will not modify, copy, distribute, adapt, frame, reproduce, republish, download, display, post, transmit, sell or reverse engineer, in any form or by any means, any content, in whole or in part, found on this Site without permission.
8. Privacy Policy. You have read and agreed to Spiti Social privacy policy [the “Privacy Policy”] which is incorporated herein. In the event that the terms of the Privacy Policy and these Terms conflict, these Terms will be deemed overriding and binding to the extent they are in Spiti Social’s favor.
9. Independent Third-Parties. You expressly agree and understand that Spiti Social does not own, represent, nor is partnered in any way with the Agents/Brokers, Advertisers, companies or any other third-parties found on our Site and that any links to other websites (“Linked Sites”) and/or the Agents/Brokers are not under the control of Spiti Social, nor is Spiti Social responsible for the contents of or services provided by any Linked Sites, Agents/Brokers, Advertisers, or any other third-parties. You understand that Spiti Social cannot guarantee the availability or quality of any of the services provided by Agents/Brokers, Advertiser or any other third-party you find through our Site and that all services are “as-is”. Further, Spiti Social cannot guarantee the accuracy of any information listed on our Site by any Agents/Brokers, Advertiser or any other third-party and shall have no liability for the inaccuracy thereof. Nothing herein is intended or shall create any agency relationship between yourself and Spiti Social. Spiti Social is in no way involved in or liable for any transaction or proposed transaction you enter into with any Agents/Brokers, Advertiser or any other third-party found on our Site. You expressly understand that once you contact a Agents/Brokers, Advertiser or any other third-party via our Site all correspondence, services, transactions, etc., are at your own risk between yourself and the Agents/Brokers, Advertiser or any other third-party and you are solely liable for any damage or liability to the Agents/Brokers, Advertiser or any other third-party caused by your actions or inactions and vice versa.
USER TERMS OF USE
10. Marketing. You expressly agree that Spiti Social can market to you via our Site including marketing any Linked Site and any additional services or goods for purchase.
11. Intellectual Property. All copyrighted works, trademarks, service marks, trade dress or other intellectual property found in any texts, images, illustrations, designs, icons, photographs, video clips, sound clips, or any other materials found on the Site (collectively, the “Contents”) are owned, licensed by, used with permission, or otherwise lawfully used by Spiti Social. Spiti Social’s Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by Spiti Social or a subsidiary or partner thereof. Spiti Social does not intend to suggest any affiliation with or endorsement of any third party whose trademark or trade dress appears on our Site.
12. DISCLAIMER OF ALL WARRANTIES. ALL DATA AND INFORMATION FEATURED ON THIS SITE IS PROVIDED ON A STRICTLY “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, TRUTH, CURRENCY, RELIABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE SPECIFICALLY MAKE NO REPRESENTATION OR WARRANTY, AND ASSUME NO LIABILITY OR RESPONSIBIILITY REGARDING: (I) THE QUALITY OR AVAILABILITY OF ANY POSTINGS MADE BY ANY AGENT/BROKER, THIRD-PARTY OR OTHER USERS OF THE SITE; (II) THE ABILITY OF YOU TO ENGAGE IN TRANSACTIONS WITH ANY AGENT/BROKER, THIRD-PARTY OR OTHER USERS OF THE SITE; (III) ANY DETAILS RELATING TO ANY TRANSACTIONS YOU MAY ENGAGE IN WITH ANY AGENT/BROKER, THIRD-PARTY OR OTHER USERS OF THE SITE; (IV) THE FINANCIAL CONDITION OF YOU OR ANY USER OF THE SITE; OR (V) COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS BY YOU OR ANY OTHER USER OF THE SITE.
IN PARTICULAR, SPITI SOCIAL, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES AND/OR CREATION OF A USER ACCOUNT WILL BE ACCURATE AND RELIABLE, AND (D) THAT DEFECTS IN THE OPERATIONS OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL NOT EXIST NOR BE FIXED.
13. Limitation of Liability. Spiti Social, its shareholders, owners, employees, subsidiaries, affiliates, etc. or its licensors shall not be liable for any direct, incidental, consequential, special, indirect or punitive damages arising out of your access, or any other party’s access, to our Site and use of our Services. To the maximum extent allowed by applicable law, Spiti Social shall have no liability or responsibility for any errors, omissions, or inaccuracies in the content on the Site or information flowing through our Site or use of its Services. You understand and agree that Spiti Social, its shareholders, owners, employees, subsidiaries, affiliates, etc., or licensors
USER TERMS OF USE
will not be liable for any damages to you, including, but not limited to, bodily injury; loss, theft or destruction of your personal property; other monetary losses; illness, incapacitation or death.
14. Assumption of Risk. You acknowledge that your use of our Site and Services is at your own risk. We are not responsible for any financial or other obligation that may arise between you and any Agents/Brokers or other third-parties, including advertisers, on the Site, nor any harm or damage, including, but not limited to, bodily injury; loss, theft or destruction of your personal property; other monetary losses; illness, incapacitation or death.
15. Waiver and Release. You hereby agree to waive any rights of recovery, under any theory of law, that you may have against Spiti Social and to release Spiti Social from any claim on account of your use of the Site or Services. Notwithstanding Spiti Social’s express disclaimer of any liability, any actions brought against Spiti Social in connection with these Terms and Service must be commenced within one (1) year from the date of the incident or you expressly agree to waive your ability to bring an action. You expressly agree to waive any rights to a class action.
16. Indemnification. You agree to indemnify, defend, save and hold harmless Spiti Social, its shareholders, officers, directors, employees, agents and affiliates against any claim, loss, damage, cost or expense arising out of or in connection with your use of our Site or any breach by you of these Terms of Use or any representation or warranty made herein.
17. Choice of Law. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York and you agree to personal jurisdiction in the County of Nassau.
18. Transfer/Assignment. You agree that Spiti Social may assign or transfer its rights in this Site to a third party, including all of our rights and obligations with respect to you.
19. Severability. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.
20. Captions. The captions herein are inserted only as a matter of convenience and in no way define, limit, describe or otherwise affect the scope or interpretation of this Agreement.