SpontaneousDevelopmentDotCom is a sole-proprietorship(herein
referred to simply as "SpontaneousDevelopmentDotCom")
operated by Self-Development Academy Limited. The commercial
and communication services on the Web site, SpontaneousDevelopmentDotCom,
located on the Internet at www.SpontaneousDevelopment.com
("the Site"), are provided solely at our discretion.
By using and/or registering to become
a member of the site, you are stating that you understand
and agree to be bound by the terms and conditions of this
SpontaneousDevelopmentDotCom user agreement (the agreement").
Please read the agreement. If you disagree with anything in
this agreement, please do not use the site or any services
provided in connection with the site.
If you have any questions regarding
this Agreement, please feel free to let us know at info@SpontaneousDevelopmentDot.com
or via this contact
form.
SERVICES
To use the Site, you do not have to register to become a SpontaneousDevelopmentDotCom
member ("Member"). As a Member, however, you will
have access to various services to which non-Members do not
have access, some of which will enable you and other SpontaneousDevelopmentDotCom
Members to interact with each other ("Member Areas").
These Member Areas and services can include and at our discretion,
without limitation, the following:
SpontaneousDevelopmentDotCom Articles
SpontaneousDevelopmentDotCom Features
SpontaneousDevelopmentDotCom Downloads
If you would like to register to become
a Member, please fill and submit our
membership registration form and complete the other steps
required to purchase life-time membership subscription. When
you do, you agree to: provide true, accurate, current and
complete information as prompted by the registration form,
maintain and update such information to keep it true, accurate,
current, and complete at all times, and that you are the age
that you state.
If any information provided by you
on the registration form is untrue, inaccurate, not current
or incomplete, or if we have reasonable grounds to so believe,
we have the right to suspend or terminate your membership
and to refuse to provide you with any future membership.
If we have reason to believe that you
have registered someone other than yourself, we will cooperate
with any law enforcement investigation that may result from
such misrepresentations and shall have the right, in our sole
discretion, to disclose any information you provided to us
in connection with such registration.
SpontaneousDevelopmentDotCom makes
a good faith effort to prohibit registration as a Member by,
and will not knowingly connect or store personal information
from, children as governed by law.
We reserve the right to modify or discontinue,
temporarily or permanently, the Site (or any part thereof)
with or without notice. You agree that SpontaneousDevelopmentDotCom
shall not be liable to you or to any third party for any such
action.
FEES
We reserve the right at any time to charge fees for access
to new Site content or services or to portions of the existing
Site content or services or the Site as a whole. In no event
will you be charged for access to any Site content or service,
or to the Site as a whole, unless we obtain your prior agreement
to pay such charges.
If you do not consent to such charges,
however, you may not have access to paid content or service.
SITE RULES
Following are some basic rules that apply to the Site and
that you agree to follow. If you violate any of the Site rules,
or if we have reasonable grounds to so believe, we have the
right to deny you access to the Site, to suspend or terminate
your membership and to refuse to provide you with any future
membership.
You agree not to use the Site to upload,
store, post, email or otherwise transmit any: material that
is inaccurate, unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, sexually explicit,
libelous, invasive of another's privacy, hateful, racist,
bigoted or otherwise objectionable,
material that you do not have a right to transmit under any
law or under contractual or fiduciary relationships, material
that infringes any patent, trademark, trade secret, copyright
or other proprietary right of any party,
advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of solicitation,
except where specifically permitted, or material that contains
software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment.
Additionally, you agree not to: impersonate
any person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity;
forge headers or otherwise manipulate
identifiers in order to disguise the origin of any material
transmitted through the Site;
disrupt the normal flow of dialogue,
cause a screen to scroll faster than other users of the Site
are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real-time exchanges;
interfere with or disrupt the Site
or servers or networks connected to the Site,
or disobey any requirements, procedures, policies or regulations
of networks connected to the Site;
try to gain access to areas that are
private to SpontaneousDevelopmentDotCom administrators or
to other SpontaneousDevelopmentDotCom users;
violate any applicable local, state,
national, or international law or any regulation having the
force of law;
stalk or otherwise harass another;
harm minors in any way, including,
without limitation, to establish unlawful contact with minors
(whether on or off the Site);
collect or harvest screen names; collect
or store personal data about other users of the Site; or solicit
or attempt to discover a user's password, screen name, or
other registration information without the user's express
knowledge and consent;
engage in or run raffles, lotteries,
contests or sweepstakes;
promote or provide instructions of
information about how to engage in illegal conduct or commit
illegal activities, promote physical harm or injury, or promote
any illegal act; or store any information or use any Web page
or directory you create for remote loading or as a door or
signpost to another Web page, whether inside or outside the
Site.
You acknowledge that we do not prescreen
material posted or transmitted on the Site, but that we and
our designees shall have the right (but not the obligation)
in our sole discretion to review and edit, delete or refuse
to post any material submitted for display or placed on the
Site, including but not limited to message board posts, profiles,
and member-to-member messages. Without limiting the foregoing,
we and our designees shall have the right to remove any material
that violates this Agreement, that we believe in good faith
may create liability for us, or that we deem is otherwise
objectionable.
You acknowledge and agree that we may
preserve material and may disclose material if required to
do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: comply with legal
process;
enforce this Agreement;
respond to claims that any material
violates the right of third parties; or
in our sole judgment, protect the rights, property, or personal
safety of SpontaneousDevelopmentDotCom, its users and the
public.
PRIVACY
SpontaneousDevelopmentDotCom will NEVER share any personal
information you supply to us with a third party, under any
circumstances - EXCEPT with your authorisation.
PUBLIC AREAS
A Public Area ("Public Area") of the Site is any
area where you may submit material ("Submissions")
for viewing by others or view Submissions of other SpontaneousDevelopmentDotCom
users, such as profiles, forums, or award programs. In some
of these areas, a Submission includes the name, ID, nickname,
and/or other information that would be displayed with the
submitted material, as applicable. You agree to use Public
Areas in accordance with the Agreement and any policies for
the Public Areas that are displayed on the Site.
BY SUBMITTING MATERIAL TO A PUBLIC
AREA, YOU AGREE TO INDEMNIFY SpontaneousDevelopmentDotCom
AND HOLD IT HARMLESS FROM ALL CLAIMS, INCLUDING, WITHOUT LIMITATION,
CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT
INFRINGEMENT OR OTHERWISE, ARISING FROM SUCH SUBMISSION.
By making a Submission to any Public
Area, you automatically grant SpontaneousDevelopmentDotCom
the royalty-free, perpetual, irrevocable, nonexclusive right
and license to use, reproduce, modify, adapt, publish, translate,
publicly perform and display and distribute the content of
the Submission (in whole or in part)
worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed. You
also permit any other user of the SpontaneousDevelopmentDotCom
Site to access, view, store, or reproduce the Submission for
that user's personal use.
LINKS
Our provision of a link to any other site or location is for
your convenience and does not signify our endorsement of such
site or location of its contents. SpontaneousDevelopmentDotCom
shall not be responsible for any information, software, or
links found at any other World Wide Web site, Internet location,
or source of information, for your use of such information,
or for e-commerce transactions conducted at or through any
linked site or location.
DISCLAIMER
OF WARRANTIES
You expressly agree that your use of the site, including,
without limitation, any material and/or data developed by
SpontaneousDevelopmentDotCom or by third parties ("information
providers"), is at your sole risk. The site, and any
content or materials available through the site, are provided
on an "as is" and "as available" basis
and without warranty of any kind, express, implied or statutory.
SpontaneousDevelopmentDotCom and the information providers
hereby expressly disclaim all such warranties including, without
limitation,
any implied warranties or merchantability, fitness for a particular
use or purpose, title, or noninfringement, or any warranty
as to results that may be obtained through the use of the
site. SpontaneousDevelopmentDotCom does not represent or warrant
that the site will function without interruption, that the
site is error- or defect-free,
that any such defects or errors will be corrected, or that
the site and the server(s) that make the site available are
free of viruses or other harmful components.
No advice or information, whether oral
or written, that you obtain from SpontaneousDevelopmentDotCom
or otherwise through your use of the site shall create any
warranty on the part of SpontaneousDevelopmentDotCom or the
information providers. Further, SpontaneousDevelopmentDotCom
and the information providers do not warrant or represent
that the use or the results of the use of any content or materials
made available through the site or from third parties will
be correct, accurate, timely, reliable or otherwise.
LIMITATIONS
ON LIABILITY
In no event shall SpontaneousDevelopmentDotCom, the information
providers or any other person or entity
involved in creating or distributing the site be liable for
any direct, indirect, incidental, special or consequential
damages, however arising and under any theory of liability
(including, without limitation, tort, including negligence
and strict liability, breach of contract or breach of warranty),
that result from your use or inability to use the site, any
changes to the site or this agreement, unauthorized access
to or alteration of your transmission of data, any material
or data sent or received or not sent or received, or any transactions
entered into through the site. SpontaneousDevelopmentDotCom
is not responsible or liable for any threatening, defamatory,
obscene, offensive or illegal content or conduct of any other
party or any infringement
of another's rights, including intellectual property rights.
If you are dissatisfied with the site
or the services, content or materials available on or through
the
site, your sole and exclusive remedy is to discontinue using
the site. The foregoing limitations on liability shall be
applicable even if SpontaneousDevelopmentDotCom or the applicable
third party knew or should have known of the possibility of
such damages and notwithstanding the failure of essential
purpose of any limited remedy. Some jurisdictions do not allow
the exclusion or limitation of incidental or consequential
damages,
so the above limitation or exclusion may not apply to you.
ALLOCATION
OF RISK
You agree that the disclaimer of warranties, limitations on
liability, and indemnification provisions set forth in this
agreement represent and agreed upon allocation of risk between
you and SpontaneousDevelopmentDotCom and form an essential
part of the basis of their bargain, without which SpontaneousDevelopmentDotCom
would not enter into this agreement or provide
the site.
OWNERSHIP
OF MATERIALS
The contents of the Site, including without limitation text,
software, photos, graphics, and all other audiovisual elements
are copyrighted by SpontaneousDevelopmentDotCom as a collective
work under the International copyright laws. Except for material
in the public domain, SpontaneousDevelopmentDotCom and its
licensors hold copyrights to all content appearing on the
Site. SpontaneousDevelopmentDotCom permits, without charge,
the reproduction and distribution of SpontaneousDevelopmentDotCom
material contained on the Site
for non-commercial educational and personal uses; provided
that such materials remain unaltered and are accompanied by
a clearly visible copy of any copyright notice appearing on
such materials and by the Site's URL (http://{siteurl}). The
only exception to this is any SpontaneousDevelopmentDotCom
Award graphic, link, text, criteria, rules, etc.. We retrain
and reserve all rights to this information. Other reproduction,
distribution, retransmission, modification, public display,
and public performance of such materials is prohibited without
the prior written consent of SpontaneousDevelopmentDotCom.
To obtain such consent, please contact us
INDEMNIFICATION
You agree to hold harmless SpontaneousDevelopmentDotCom and
its Information Providers and any other person or entity involved
in creating or distributing the Site, as well as each of their
respective affiliates and their respective directors, officers,
employees and agents, from and against any and all claims,
liabilities, damages, losses, costs, fees (including reasonable
attorneys' fees) and expenses that such parties may incur
as a result of or arising out of your (or, in the case of
Members, anyone using your account's) use of, or conduct with
respect to, the Site.
MODIFICATION
OF AGREEMENT
You agree that SpontaneousDevelopmentDotCom may change the
terms and conditions of this Agreement, unilaterally, and
at any time, by conspicuously posting notice of such change
on the Site for a period
of five (5) consecutive days. Continued use of the Site after
such notice will constitute your acknowledgment and acceptance
of the revised terms and condition.
GENERAL
This Agreement contains the complete and final statement of
the understanding between you and SpontaneousDevelopmentDotCom
with respect to, and supercedes any and all prior or contemporaneous
negotiations, agreements or communications, whether written
or oral, between you and SpontaneousDevelopmentDotCom concerning,
the subject matter of this Agreement.
If any provision of this Agreement
is rendered by a court or governmental agency of competent
jurisdiction to be invalid, illegal, or unenforceable, such
invalidity, illegality or unenforceability shall not affect
the remainder of this Agreement, which shall remain in full
force and effect and be enforced in accordance with its remaining
terms.
The waiver by SpontaneousDevelopmentDotCom
of a breach or default of any of the provisions of this Agreement
by you shall not be construed as a waiver of any succeeding
breach of the same or other provisions; nor shall any delay
or omission on the part of SpontaneousDevelopmentDotCom to
exercise or avail itself of any right, power or privilege
that it has or may have hereunder operate as a waiver of any
breach
or default by you.
You agree that, regardless of any statute
or law to the contrary, any claim or cause of action that
you may have arising out of or related to use of the Site
or this Agreement must be filed within one (1) year after
such claim
or cause of action arose or be forever barred. The section
titles in this Agreement are solely used for convenience and
have no legal or contractual significance.
All provisions of this Agreement
that, by their nature, survive termination of this Agreement
will survive termination including without limitation, the
Site Rules, Public Areas, Links, Disclaimer of Warranties,
Limitations on Liability, Allocation of Risk, Ownership of
Materials, Indemnification, Choice of Law/Jurisdiction and
Venue and General sections of this Agreement.
*TERMS OF SERVICE ENDS
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