Spruz

Terms of Use Agreement

This Agreement includes Spruz's policy for acceptable use of the Spruz Services and Content posted on the Spruz Website, your rights, obligations and restrictions regarding your use of the Spruz Services and Spruz's Privacy Policy.  The services offered by Spruz include the Spruz website, and any other features, content, or applications offered from time to time by Spruz .

Spruz may modify this Agreement from time to time and any change in this agreement shall be effective upon posting on the Spruz Website without prior notice. You agree to be bound to any changes to this Agreement when you use the Spruz website after any modification is posted. You are required to check this agreement regularly to ensure you are updated as to any changes.

Special Personal Profile Restrictions

Please choose carefully the information you post on Spruz and that you provide to other Users. Spruz may not post publicly the following items to your personal page unless it is required by a design component of the Spruz website: telephone numbers, street addresses, and any photographs excessively violent, harassing, containing nudity, or obscene, lewd, sexually explicit or otherwise inappropriate subject matter. Despite this prohibition, information provided by other Spruz Members (for instance, in their Profile) may contain inaccurate, inappropriate, products or services, offensive or sexually explicit material,  and Spruz assumes no responsibility or liability for this material.

Spruz reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Spruz website at any time, for any reason, without prior notice, and without liability.

1. Eligibility. Use of and Membership on the Spruz website is void where prohibited. By using the Spruz website, you represent and warrant that;
   1. All registration information you submit is truthful and accurate.
   2. You will maintain the accuracy of such information.
   3. You are 13 years of age or older; born on or before 11/25/2011.
   4. Your use of the Spruz website does not violate any applicable federal or state law and/or regulation.
   5. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the our services, or are a member of Spruz. Spruz may terminate your membership or site access at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-15.
3. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on Spruz or through the Spruz Services. Spruz reserves the right to investigate and take appropriate legal action against anyone submitting, posting, linking or in any way displays prohibited content on Spruz Services.

   Restricted/Prohibited Content:

   1. Harasses or advocates harassment of another person;
   2. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   3. exploits people in a sexual or violent manner;
   4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
   5. solicits personal information from anyone under 18;
   6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   7. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
   9. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
   10. solicits passwords or personal identifying information for unlawful purposes from other Users;

The following is a partial list of the kind of activity that is illegal or prohibited on the Spruz Website and through your use of the Spruz Services. Spruz reserves the right to investigate and take appropriate legal action against anyone who, in Spruz's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1. criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. covering or obscuring the any advertisements we may place on your personal profile page;
3. any automated use of the system, such as using scripts to post comments or messages;
4. attempting to impersonate another Member or person;
5. interfering with, disrupting, or creating an undue burden on the Spruz Services or the networks or services connected to the Spruz Services;
6. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
7. using any information obtained from the Spruz Services in order to harass, abuse, or harm another person;
8. displaying an advertisement on your profile; or
9. using the Spruz Services in a manner inconsistent with any and all applicable laws and regulations.
4. Password. When you create your account, you will  be asked to choose a password. Your password is designed for only you to know. You agree not to use the account, username, or password of another registered member at any time. You agree to notify Spruz immediately if you suspect any unauthorized use of your account. You are solely responsible for any and all use of your account.
5. Content Posted.
   1. Spruz may delete any Content that in the sole judgment of Spruz violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Spruz Inc. assumes no responsibility for monitoring the Spruz website for inappropriate Content or conduct.
   2. You are solely responsible for the Content that you post to or on any of the Spruz website. Spruz does not endorse and has no control over the Content. Content is not necessarily reviewed by Spruz prior to posting and does not necessarily reflect the opinions or policies of Spruz. Spruz makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
6. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Spruz, members or posted on Spruz hosted sites without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Spruz to terminate access privileges of any one who repeatedly infringes the copyright rights of others upon receipt of proper notification to Spruz by the copyright owner or the copyright owner's legal agent.
7. Member Disputes. You are solely responsible for your interactions with other Spruz Members. Spruz or Spruz Inc reserves the right, but has no obligation, to monitor disputes between you and other Members.
8. Privacy. Use of the Spruz Services or Spruz website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
9. Disclaimers. Spruz is not responsible for any incorrect or inaccurate Content posted on the Spruz Website or in connection with the Spruz Services, whether caused by Users of the Spruz Services or by any of the equipment or programming associated with or utilized in the Spruz Services. Profiles created and posted by Members on the Spruz Website may contain links to other websites. Spruz is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Spruz. Inclusion of any linked website on the Spruz Services does not imply approval or endorsement of the linked website by Spruz. When you access these third-party sites, you do so at your own risk. Spruz takes no responsibility for third party advertisements which are posted on Spruz Website or through the Spruz Services, nor does it take any responsibility for the goods or services provided by its advertisers. Spruz is not responsible for the conduct, whether online or offline, of any User of the Spruz Services. Spruz assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Spruz is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Spruz Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Spruz Services. Under no circumstances shall Spruz be responsible for any loss or damage, including personal injury or death, resulting from use of the Spruz Services, attendance at a Spruz event, from any Content posted on or through the Spruz Services, or from the conduct of any Users of the Spruz Services, whether online or offline. The Spruz Services are provided "AS-IS" and as available and Spruz expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Spruz cannot guarantee and does not promise any specific results from use of the Spruz Services.
10. Disputes. If there is any dispute about or involving the Spruz Services, you agree that the dispute shall be governed by the laws of the State of Tennessee, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Tennessee, City of Knoxville.
11. Copyright infringement. If you believe that your work has been copied and posted on the Spruz Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Spruz Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Spruz's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Spruz Inc., PO Box 1520, Seymour, TN 37865; Attn: Copyright Agent; and email: copyright@spruz.com.
12. Limitation on Liability. IN NO EVENT SHALL Spruz BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF Spruz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Spruz'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Spruz FOR THE Spruz SERVICES DURING THE TERM OF MEMBERSHIP.
13. Indemnity. You agree to indemnify and hold Spruz Inc, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Spruz Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Spruz Website or through the Spruz Services causes Spruz to be liable to another.
14. Other. This Agreement is accepted upon your use of the Spruz Website or any of the Spruz Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Spruz regarding the use of the Spruz Services. The failure of Spruz to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Spruz is a trademark of Spruz, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

BY READING THIS AGREEMENT OR REGISTING AN ACCOUNT ON THIS WEBSITE YOU ACCEPT AND AGREE TO ALL TERMS AND CONDITIONS HEREIN.