SPYON, LLC TERMS AND CONDITIONS FOR USE
The following are the terms and conditions for use of www.spyonvegas.com and various other Web Sites and web pages operated by SPYON, LLC and its affiliates (collectively, “SPYON, LLC”) in support of the SPYON, LLC (collectively, the “SPYON, LLC Web Sites”). This User Agreement applies to the SPYON, LLC Web Sites and does not apply to the content of third-parties.
The SPYON, LLC Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SPYON, LLC Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular SPYON, LLC Web Site may also be subject to additional terms, codes of conduct, or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that SPYON, LLC Web Site (the “Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular SPYON, LLC Web Site, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please see the Privacy Statement for disclosures relating to the collection and use of your personal information.
SPYON, LLC reserves the right to change the terms, conditions, and notices under which the SPYON, LLC Web Sites are offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the SPYON, LLC Web Sites constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, the SPYON, LLC Web Sites are for your personal and non- commercial use. The content available and any services made available through the SPYON, LLC Web Sites is the property of SPYON, LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, upload, download, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the SPYON, LLC Web Sites. You acknowledge that SPYON, LLC retains exclusive ownership (or is the licensee) of the SPYON, LLC Web Sites, all content, materials, and information contained therein, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks, or trade secrets with respect to the SPYON, LLC Web Sites or their contents, and SPYON, LLC reserves all rights not expressly granted hereunder. Without the advance express written permission of an authorized representative of SPYON, LLC, you may not “meta-search” the SPYON, LLC Web Sites, send, or cause to be sent, any automated queries of any sort to the SPYON, LLC Web Sites, or use the SPYON, LLC Web Sites in any commercial manner. “Automated queries” shall include, but not be limited to: using any software that sends queries to any SPYON, LLC Web Sites to determine how a web site “ranks” on any SPYON, LLC Web Sites.
LINKS TO THIRD-PARTY SITES
Any dealings with third-parties (including advertisers) included within the SPYON, LLC Web Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third-party. SPYON, LLC shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SPYON, LLC Web Sites, you will not use the SPYON, LLC Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices or causes damage to any third-party. You may not use the SPYON, LLC Web Sites in any manner that could damage, disable, overburden, or impair any SPYON, LLC Web Sites (or the network(s) connected to any SPYON, LLC Web Site) or interfere with any other party’s use and enjoyment of any SPYON, LLC Web Site. You may not attempt to gain unauthorized access to any SPYON, LLC Web Sites, other accounts, computer systems, or networks connected to any SPYON, LLC Web Sites, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SPYON, LLC Web Sites.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), SPYON, LLC has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the SPYON, LLC Web Sites (the “Designated Agent”). All such notifications relating to the SPYON, LLC Web Sites must be a written communication and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SPYON, LLC personnel to locate the material.
- Information reasonably sufficient to permit SPYON, LLC to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, fax or e-mail to SPYON, LLC’s Designated Agent as follows:
- Service Provider: SPYON, LLC
- Full Address of Designated Agent to Which Notification Should Be Sent:
SPYON, LLC Copyright Agent
C/o David Brown, Esq.
Brown Brown & Premsrirut
520 S 4th Street
Las Vegas, NV 89101
SPYON, LLC and its third-party providers (“Vendors”) do not monitor, endorse, edit, or screen your Submitted Content, although SPYON, LLC and its Vendors reserve the right to do so, and neither SPYON, LLC nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential, and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via any of the available Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and SPYON, LLC or between you and SPYON, LLC’s Vendors other than as expressly set forth in this Agreement. You acknowledge that SPYON, LLC is not responsible for, and cannot and does not guarantee, the accuracy, completeness, or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to SPYON, LLC under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs, and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If SPYON, LLC determines, in SPYON, LLC’s sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, SPYON, LLC reserves the right to: (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use the SPYON, LLC Web Sites and/or any Community Features; and/or (d) use any technological, legal, operational, or other means available to SPYON, LLC to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this or any of the SPYON, LLC Web Sites and any of the Community Features.
You are solely responsible for your interactions with other users of the SPYON, LLC Web Sites. We reserve the right, but have no obligation, to monitor disputes between you and other users of any Community Features.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to SPYON, LLC a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell, and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media, or technology known or hereafter developed.
You hereby agree to indemnify and hold SPYON, LLC and all SPYON, LLC Entities, harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the SPYON, LLC Web Sites and the products, merchandise, tickets, and/or services purchased via the SPYON, LLC Web Sites; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the “SPYON, LLC Entities” shall mean, SPYON, LLC; Wendoh Media Companies; and all of the parent, subsidiary, affiliated and related persons and entities, and all of the officers, directors, shareholders, members, managers, employees, contractors, attorneys, and agents of each of the foregoing, and any entity which, now or in the future, controls, is controlled by, or is under common control with any of the foregoing or which presents or operates the SPYON, LLC including all of their officers, directors, shareholders, members, managers, employees, contractors, or agents.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SPYON, LLC WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SPYON, LLC WEBSITES AND TO THE INFORMATION THEREIN. SPYON, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SPYON, LLC WEBSITES AT ANY TIME. ADVICE OR INFORMATION RECEIVED VIA THE SPYON, LLC WEBSITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE SPYON, LLC ENTITIES AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE SPYON, LLC WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SPYON, LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT THE SPYON, LLC ENTITIES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SPYON, LLC SITES. YOU SPECIFICALLY AGREE THAT THE SPYON, LLC ENTITIES ARE 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. YOU SPECIFICALLY AGREE THAT THE SPYON, LLC ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A SPYON, LLC WEBSITE BY ANY THIRD-PARTY.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that SPYON, LLC may establish limits concerning use of any SPYON, LLC service offered on a SPYON, LLC Web Site, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent, the maximum size of an e-mail message that may be sent from or received by an account on any SPYON, LLC Web Site or service, the maximum disk space that will be allotted on SPYON, LLC’s servers on your behalf, and the maximum number of times and duration you may access any SPYON, LLC Web Site in a given period of time.
You agree that the SPYON, LLC entities have no responsibility or liability for the deletion, corruption, or failure to store any messages or other content maintained or transmitted by any SPYON, LLC Web Site. You acknowledge that SPYON, LLC reserves the right to log off accounts that are inactive for an extended period of time.
SPYON, LLC MAKES NO WARRANTY THAT ANY SPYON, LLC WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of this Web Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted and complaints may be filed online at www.dca.ca.gov/ or call 800.952.5210 to have a complaint form mailed to you.
2. NOTIFICATION OF CHANGES TO THIS POLICY
SPYON, LLC is continually improving and adding new functionality and features to its Web Site and improving and adding to our existing products, services, and programs. Because of these ongoing changes, changes in the law, and the changing nature of technology, SPYON, LLC’s data practices will change from time to time. If and when our data practices change, SPYON, LLC will post the changes on the Web Site to notify you of the changes. We encourage you to check this page frequently. This policy was last updated on December 31, 2016.
3. PERSONAL DATA COLLECTED
SPYON, LLC collects information and data when you use the Web Site. Such information includes Personal Information, Contact Data, Message Data, and Traffic Data (collectively “Customer Information”). “Personal Information” includes your name, address, email address, passwords, home and business address, phone number(s), and other information that may not be publicly available. “Contact Data” includes information developed by you that may be provided to SPYON, LLC to enhance your use of SPYON, LLC products and services. “Message Data” includes any messages sent or received through the Web Site, information and data about those messages, your account activity, and your log-in, log-out times. “Traffic Data” includes data about the nature of your usage of the Web Site and products and services and can include: IP addresses, domain servers, referring/exit pages, operating system, date/time stamp, clickstream data, type of computer or mobile phone, type of web browser, one or more cookies that identify your browser, and telecommunications carrier information.
In connection with your use of the Web Site, SPYON, LLC may collect: the domain name and/or email address of Web Site visitors; the email address of users who communicate with SPYON, LLC via the Web Site or via email; information as to what pages within the Web Site users access, and for how long the users access or visit such page; information volunteered by the user, such as through registration on the Web Site, purchases made through the Web Site, email update requests, and general requests for information; and information about transactions with SPYON, LLC, and third-parties with whom SPYON, LLC affiliates for ticketing, merchandising, and other commercial purposes.
SPYON, LLC honors Do Not Track (“DNT”) signals and does not track, plant cookies, or use advertising when a DNT browser mechanism is in place.
SPYON, LLC CANNOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION ACCESSIBLE ON OR TRANSMITTED VIA THE INTERNET.
4. USE OF CUSTOMER INFORMATION
When you register on the Web Site, or make a purchase transaction on the Web Site or through a SPYON, LLC ticketing or merchandising partner, SPYON, LLC may sell, share, or rent your nonpublic Personal Information to others, including SPYON, LLC corporate affiliates (parent or subsidiary), sponsors, affiliates, and partners ( the “Affiliated Parties”). However, SPYON, LLC will not provide your nonpublic Personal Information unless you have opted in to receive emails from the Affiliated Parties. In addition, there may be some other, limited circumstances in which SPYON, LLC may be required to share or transfer Personal Information in our databases, for example, to comply with a legal requirement, for the administration of justice, to protect your vital interests, or in the event of a corporate sale, merger, reorganization, dissolution, or similar event. SPYON, LLC restricts access to nonpublic Personal Information to those employees and agents who need such information. SPYON, LLC maintains physical, electronic, and procedural safeguards to guard your nonpublic personal information.
SPYON, LLC uses Customer Information to enhance your use of SPYON, LLC services by processing information collected for purposes including, but not limited to: providing information to users about SPYON, LLC products and services; formatting and displaying elements of Contact Data and Message Data to you and those with whom you exchange messages; delivering advertisements and related links; and storing messages.
5. ANONYMOUS DATA COLLECTED
In addition to the information you provide when you use www.spyonvegas.com, SPYON, LLC uses technology to collect anonymous information about the use of our Web Site. For example, we use technology to track how many visitors access our Web Site, the date and time of their visit, the length of their stay, and which pages they view. We also use technology to determine which web browsers our visitors use and the address from which they accessed our sites (for example, if they connected to the Web Site by clicking on a banner ad).
This technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of the Web Site. SPYON, LLC and our Affiliates use this anonymous data and share it with third-parties to improve the content and functionality of our Web Site, to better understand our customers and markets, and to improve our products and services.
7. OPT IN/OPT OUT
As noted in Use of Customer Information above, SPYON, LLC will not provide your nonpublic Personal Information to Affiliated Parties unless you have opted in to receive emails from the Affiliated Parties. If, at any time, you desire that SPYON, LLC cease providing your nonpublic Personal Information to Affiliated Parties, you may opt out of those disclosures by directing us not to make those disclosures (other than disclosures permitted by law). If you receive communications from us that you do not want to receive, you may opt out of receiving those communications by clicking the unsubscribe link in the email or emailing us at firstname.lastname@example.org. Occasionally it is necessary to send out a service-related announcement. Generally, users may not opt out of these communications. These communications are not promotional in nature.
SPYON, LLC does not disclose personal information to third-parties, except when one or more of the following conditions is true:
- SPYON, LLC has the individual’s permission to make the disclosure;
- The disclosure is permitted by law or mandatory professional standards;
- The disclosure is reasonably related to the sale or other disposition of all or part of SPYON, LLC’s business or assets or in connection with a corporate merger, consolidation, or other corporate reorganization;
- The personal information to be disclosed is publicly available;
- The party to whom the disclosure is made controls, is controlled by, or is under common control with SPYON, LLC;
- The disclosure is reasonably necessary for the establishment or maintenance of legal claims;
- The disclosure is to persons or entities for whom SPYON, LLC is providing or receiving services, provided the disclosure is consistent with the purpose for which the personal information was obtained;
- SPYON, LLC may share with third-parties certain aggregated, non-personal information and Traffic Data, but such information will not identify you individually;
- SPYON, LLC may share Customer Information when legally required to do so or at the request of governmental authorities conducting an investigation; or
- SPYON, LLC may share your Customer Information with a third-party if you have consented to receive information from that third-party through registration from a co-branded version of the SPYON, LLC service operated with a third-party or through a communication or promotional program of a third-party that is enabled by the SPYON, LLC Service. Such third-parties will handle, store, retain, and access such user information in accordance with the terms and conditions of their agreements with you, if any, as well as their own privacy policies. It is your responsibility to carefully review such agreements and privacy policies. You acknowledge that SPYON, LLC shall have no liability to you for sharing of such information to such third-parties and SPYON, LLC disclaims any and all liability relating thereto.
9. PUBLIC FORUMS
spyonvegas.com may make chat rooms, forums, message boards, and/or news groups (collectively, “Public Areas”) available to its users. Please remember that any information that is posted to and/or disclosed in these Public Areas becomes public information, and you should exercise caution when deciding to disclose your personal information. By posting in the Public Areas you grant SPYON, LLC a license to use the materials you post to the Web Site or any related service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Web Site or related service, you are granting SPYON, LLC, its Affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Web Site, including without limitation: a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that SPYON, LLC may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Web Site or any related service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute such User Content.
The SPYON, LLC Web Site is not directed at children under the age of thirteen. SPYON, LLC does not knowingly collect personal data from children under the age of thirteen. If you are under thirteen, please do not transmit any personal data. If you have reason to believe that a child has provided personal data to SPYON, LLC, please contact us at email@example.com, and we will try to delete that information from our databases.
11. LINK TO OTHER SITES
12. CONSENT TO BE CONTACTED
13. GOVERNING LAW