Spizoo Celebs Terms of Use

Please read these Terms of Use ("Agreement") carefully before using the services offered by SK Intertainment, Inc. ("Company"). This Agreement limits Company’s liability to you, requires you to resolve any disputes with Company through binding arbitration (rather than in court), and requires you to waive any right to participate in class actions or class-wide arbitration against Company.

The www.spizoocelebs.com website and domain name, and any other features, content, or applications offered from time to time by Company in connection therewith (collectively "Website") are owned and operated by Company. Please be advised that the Website may include audio, textual and visual depictions of a sexual nature, including without limitation, nudity, heterosexual and homosexual situations.

This Agreement sets forth the legally binding terms and conditions for your use of the Website. By using the Website in any manner, including but not limited to visiting or browsing the Website, you agree to be bound by this Agreement and Company's Privacy Policy posted on the Website, which is incorporated herein by this reference

You may at any time request a copy of this Agreement by emailing us at: customer-service@skintertainment.com, Subject: Terms of Use.

Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective upon first posting or notification, and use of the Website or any services by you following such posting or notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You agree to review this Agreement regularly to ensure that you are updated as to any changes. This Agreement, together with Company’s Privacy Policy and any other legal notices published by Company on the Website, shall constitute the entire agreement between you and Company concerning the Website..

2.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, Company hereby grants you permission to use the Website only as set forth in this Agreement, and provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Company's prior written authorization; (iii) you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose; (iv) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website; and (v) you may not decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website.

2.2 In order to access some features of the Website, you will have to create a membership account. You may never use another's account, username or password without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Company immediately of any breach of security or unauthorized use of your account. You may be required to expressly accept or reject these Terms of Use when you register; you agree that any requirement that you do so does not in any way vitiate your assent to comply with the Terms of Use. Although Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Company or others due to such unauthorized use.

2.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. Company reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in Company's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

2.4 Our complaint policy can be found. here. We aim to respond to user complaints within five (5) days and to remove illegal content from the Website as soon as it is brought to our attention

The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Company, or used on the Website in accordance with “fair use” provisions or the U.S. Copyright Act and equivalent exemptions under foreign laws and international conventions. Company reserves all rights not expressly granted in and to the Website and the Content owned by or licensed to Company. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

This Agreement shall remain in full force and effect while you use the Website. Company may terminate your access to the Website or your membership at any time, for any reason, and without warning. If your membership is terminated other than due to your breach of this Agreement or other misconduct, you may be entitled to a refund on a pro-rata basis. Sections 3 and 7 through 14 shall survive termination of this Agreement for any reason.

5.1 Certain services and features of the Website may be made available in exchange for fees. If Company terminates your registration because of your breach of the Agreement, you will not be entitled to a refund of any unused portion of such fees, except to the extent required under applicable law.

5.2 By signing up for a paid service, you authorize Company to charge your credit card or other form of payment for the price listed for the service you signed up for, along with any additional amounts relating to applicable taxes, bank fees, and currency fluctuations. For your convenience billing is recurrent, so you should state your wish to cancel service at least 72 hours before the end of the then-current billing period and the cancellation will take effect on the next billing period. You are free to cancel the service at any time by contacting us at customer-service@skintertainment.com. Company reserves the right to change its fees and access policies from time to time, in its sole discretion, and will notify you of any material changes before such changes become effective. Company does not provide price protection or refunds in the event of a price reduction or promotional offering.

5.3 You hereby authorize Company or its payment processor to charge the payment method on file on the first day of each billing period for the relevant service until you cancel the service or Company suspends or stops providing you access to the service in accordance with this Agreement. If the payment method on file becomes invalid due to an expired credit card or other similar reason and Company is unable to charge you on the next billing period, Company may immediately revoke your access to the service until you update your payment method. If you fail to update your payment method within a reasonable amount of time, Company may cancel your registration.

5.4 Company has a no charge-back, no refund policy, to the extent allowed by applicable law. There are no refunds or credits for partially used periods. Company may approve a refund or credit on request if exceptional circumstances exist.

5.5 Service descriptions, prices and other information on the Website may contain typographical errors or may be incorrect, incomplete or not current. Company periodically adds, updates and corrects the information on the Website without notice.

6.1 The Website may permit users to post comments in certain areas of the Website ("User Comments"). You understand that Company does not guarantee any confidentiality with respect to any such User Comments.

6.2 You shall be solely responsible for your own User Comments and the consequences of posting or publishing them. You agree that Company has no liability with respect to any User Comments, and you hereby irrevocably release Company and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Comments or any part thereof. By submitting User Comments, you give Company a license to use and otherwise exploit such User Comments for any purpose in connection with the Website and Company’s other related services.

6.3 In connection with User Comments, you further agree that you will not: (i) publish falsehoods or misrepresentations; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; or (iv) impersonate another person. Company does not endorse any User Comment or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all responsibility or liability in connection with User Comments.

6.4 Company reserves the right to decide whether Content or a User Comment is inappropriate, or violates this Agreement, including without limitation, due to violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Company also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any reason, without prior notice. Notwithstanding the foregoing, Company assumes no responsibility for monitoring the Website, Content, or User Comments for inappropriate conduct, or modifying or removing such conduct, Content or User Comments from the Website.

6.5 While Company does not actively monitor Content posted to the Website, it is Company's policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of its advertisers, affiliates, content providers, members or users; and (2) discontinue services to and remove repeat infringers.

The Website may contain links to third party websites that are not owned or controlled by Company. When you access third party websites, you do so at your own risk. Company encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites, including, without limitation, compliance with 18 U.S.C. Section 2257. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Website, you expressly relieve Company from any and all liability arising from your use of any third-party website.

To the fullest extent permitted by law, Company, its suppliers and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof, including warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, neither Company nor its suppliers, nor any of their respective officers, directors, employees, and agents, makes any warranties or representations about the accuracy or completeness of the Website's content or the content of any sites linked to the Website, including, without limitation, with respect to (i) errors, mistakes, or inaccuracies of content; (ii) any interruption or cessation of transmission to or from the Website; and (iii) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party. Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any advertising, and Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. The Website is controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions are responsible for compliance with local law.

You agree to defend, indemnify and hold harmless Company, its parent corporation, subsidiaries and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Website or any Content that you post thereon; or (ii) your violation of any term of this Agreement or your representations and warranties set forth above.

By using the Website, you represent and warrant that (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older; (iv) you do not find materials of an adult nature objectionable and have the legal right to access and possess such materials in the community from which you are accessing these materials and in which you reside, and (iv) your use of the Website does not violate any applicable law or regulation. Your membership may be terminated without warning if Company believes that you are under 18 years of age. You will not permit any person(s) under the age of 18 (or who are otherwise not legally permitted) to have access to any of the materials contained on the Website.

In no event shall Company, its suppliers, or their respective officers, directors, employees, or agents, be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages whatsoever, including lost profits, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Subject to the foregoing, Company's liability to you for any reason, will be limited to the amount paid, if any, by you to Company in connection with the Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

You may not transfer or assign this Agreement or any rights and licenses granted hereunder without Company's prior written consent. Company may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.

13.1 Choice of Law. You agree that any dispute arising from or relating to the subject matter of this Agreement or otherwise involving the Website (a “Dispute”), shall be governed by the laws of the State of Illinois, without regard to conflict of laws provisions.

You and Company agree to the following mandatory arbitration, class action waiver and jury trial waiver provisions for any Dispute, regardless of when the claim arose, even if it was before this latest version of the Terms of Use was implemented:

13.2 Mandatory arbitration. Any Dispute shall be finally settled by binding arbitration. However, you and Company agree to try to resolve any Dispute informally before filing a claim. If you wish to initiate this process, you agree to notify Company via email to customer-service@skintertainment.com. Company may send you such a notice to the email address associated with your account. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process. If we are unable to resolve the Dispute within 60 days, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here). The activities described in these Terms of Use involve interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of these arbitration terms and any arbitration. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process described in Section 13.3 below applies. The arbitration will be conducted by a sole arbitrator with substantial experience in resolving intellectual property and commercial contract disputes involving digital media, who shall be selected from the appropriate list of NAM arbitrators. The arbitrator will have exclusive authority to resolve any Dispute, provided, however, the state or federal courts of Chicago, Illinois shall have the authority to determine any Dispute about enforceability of this arbitration clause, validity of the class action waiver, or requests for public injunctive relief. Judgment upon the award so rendered shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to any court of competent jurisdiction, which may be made ex parte, for confirmation and enforcement of the award. All proceedings shall, to the extent permitted by law, be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

13.3 Batch arbitration. If 25 or more substantially similar Disputes are filed by the same counsel, or by counsel otherwise acting in any coordinated manner, then you and Company agree that NAM will administer them in batches of up to 60 claimants each (“Batch”). NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of administrative and arbitrator fees, one hearing held by videoconference or in a location decided by the arbitrator, and one decision for each Batch.

13.4 Exceptions. The informal dispute resolution and arbitration mandate set forth in Section 13.2 does not apply to (i) individual claims brought in small claims court; or (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Website or intellectual property infringement or misappropriation.

13.5 Class action and jury trial waivers. Neither you nor Company will have the right to participate in a class action, private attorney general action, or other representative action in court or in arbitration, either as a class representative or class member in connection with this Agreement or the Website. You and Company agree that any Dispute must be brought on an individual basis only. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Company knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim arising out of, or in connection with this Agreement, or any course of conduct, course of dealing, statements, or action of any party hereto.

13.6 You and Company agree that any Dispute must be initiated within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

13.7 Severability. If any part of this Section 13 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety, provided, that the determination concerning the class action waiver shall be subject to appeal.

The provisions of this section 13 are a material inducement for you and Company entering into this Agreement.

If any provision of this Agreement is deemed illegal or unenforceable by a court of competent jurisdiction or arbitrator, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

SK Intertainment, Inc.

7726 Casaba Ave.
Winnetka CA 91306