1. Website Ownership
The Website is owned by Global Spectrum, L.P. ("Global Spectrum") All materials contained in the Website (the "Materials") are either owned by or licensed to Global Spectrum. Global Spectrum and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of Global Spectrum.
2. Message Features
A. Participation. The Website may offer opportunities for you to send messages in connection with various features that Global Spectrum may elect to offer, such as information libraries, e-mail service, bulletin boards, chatrooms, electronic postcards, chats with special guests and forums to communicate with other users about Global Spectrum, the facilities it managers and their events, and other features ("Message Features"). You must use the Message Features in a responsible manner. You must not transmit any message ("Message") in connection with any Message Feature that: (i) restricts or inhibits any other user from using and enjoying the Website; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; or (ix) contains material irrelevant to the subject matter of the Message Feature.
In order to participate in any Message Feature, you must register by providing accurate and complete personal information consisting of your name and e-mail address.
You also may be asked to select a screen name ("Screen Name") for identification purposes. You must not use any Screen Name that violates any term of subsections (i)-(ix) above, or any other operating term set forth by Global Spectrum.
You acknowledge that any information disclosed by you in any Message or Screen Name (e.g., your name or address) may be used by any third party, and Global Spectrum assumes no liability for such disclosures.
B. License. By transmitting any Message or Screen Name, you are granting Global Spectrum a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform and display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.
C. Message and Screen Name Review. Global Spectrum has the right, but not the obligation, in its sole discretion, to review, edit or delete any Message or Screen Name transmitted in any Message Feature that: (i) violates any term of this Agreement; or (ii) is otherwise illegal, offensive or inappropriate. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by Global Spectrum.
D. You acknowledge that transmissions to and from the Websites are not confidential and your Messages may be read or intercepted by others. You acknowledge that by submitting Messages to the Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Global Spectrum other than pursuant to this Agreement.
3. Changes to Website
Global Spectrum may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. Global Spectrum also may impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
The Website may offer you opportunities to vote in connection with certain events. By casting a vote, you signify your agreement to all special voting terms set forth on the Website as well as the terms of this Agreement. Votes will be deemed made by the authorized account holder of the e-mail address submitted at time of vote. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education, institution, etc.) responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Global Spectrum is not responsible for votes not received due to lost, failed, delayed or interrupted connections, including Internet/Webserver/network/phone-line connections or miscommunications, or other electronic malfunctions, computer or telephone hardware or software failures, malfunctions, or garbled or jumbled transmissions. Global Spectrum reserves the right, in its sole discretion, to cancel or suspend voting should virus, bugs, unauthorized human intervention, technical difficulties or other causes beyond the control of Global Spectrum, in Global Spectrum’s sole opinion, corrupt the administration, security, fairness or proper administration or tallying of the voting.
The Website may contain links and pointers to other related World Wide Web sites, resources, and sponsors of the Website. Links to and from the Website to other Web sites do not constitute an endorsement by Global Spectrum or any affiliate of any third party Web site or content. Global Spectrum is not responsible for the availability of these third party resources, or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.
6. Disclaimer of Warranties
A. USE OF ANY WEBSITE, INCLUDING, BUT NOT LIMITED TO USE OF (I) ANY MESSAGE FEATURE OR (II) THE EXCHANGE, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, EACH WEBSITE, EACH FEATURE (INCLUDING, WITHOUT LIMITATION, MESSAGE FEATURES), AND THE EXCHANGE, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. GLOBAL SPECTRUM DOES NOT WARRANT THAT: (1) THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (3) THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE WILL BE ACCURATE OR RELIABLE.
7. Limitations on Liability
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERMS SET FORTH BY GLOBAL SPECTRUM OR ANY ACT OR FAILURE TO ACT BY GLOBAL SPECTRUM, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA ANY WEBSITE. IN NO EVENT WILL GLOBAL SPECTRUM BE LIABLE FOR THE CONTENT OF: (1) ANY MESSAGE OR SCREEN NAME TRANSMITTED VIA ANY WEBSITE; OR (2) ANY MATERIALS IN ANY WEB SITE LINKED TO OR FROM ANY WEBSITE.
B. NEITHER GLOBAL SPECTRUM OR ANY OF ITS AGENTS, AFFILIATES, SUPPLIERS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO USE OR INABILITY TO USE THE EXCHANGE, EVEN IF GLOBAL SPECTRUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL TRANSACTIONS ON THE EXCHANGE.
C. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR DISCLAIMER OF WARRANTIES OR OF LIABILITY AS DESCRIBED ABOVE, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You hereby agree to indemnify and hold Global Spectrum and its affiliates and their respective directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, including, but not limited to use of any Message Feature or the Exchange; and (B) any alleged breach of this Agreement.
This Agreement and your license to use the Website may be immediately terminated at any time by Global Spectrum in its sole discretion.
In addition and without prejudice to any other legal or equitable remedies available to Global Spectrum, Global Spectrum may immediately terminate this Agreement and your license to use the Website if you breach any term of this Agreement or other operating term set forth by Global Spectrum.
10. Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement will be governed by the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and performed exclusively in the Commonwealth. Any court of competent jurisdiction sitting within Philadelphia, Pennsylvania will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Global Spectrum will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Global Spectrum in its sole discretion may amend this Agreement, and your use of any Website after such amendment is posted on such Website will constitute acceptance of it by you. Sections 6, 7, 8, 10 and this Section 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
Global Spectrum may give notice to you by means of a general notice on the Website, electronic mail to your e-mail address on record in Global Spectrum's account information, or by written communication sent by first class mail to your address on record in Global Spectrum's account information. You may give notice to Global Spectrum by any of the following means (and such notice shall be deemed given when received by Global Spectrum at any time):
Global Spectrum Corporate Offices
Attn: IT Department
3601 South Broad Street
Philadelphia, PA 19148
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. Global Spectrum may change the terms of this Agreement at any time upon posting, with or without notice, on the Website, and your use of any Website after such changes are posted will mean that you accept them.
LAST UPDATED: 04/14/2010
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