Innovative Spa Productions
Effective Date: November 15, 2008
Acceptance of Terms.
ISP Owns all Web Site Content. By accessing any ISP Web Site, you acknowledge andagree that ISP owns all legal right, title and interest in and to the ISP WebSites and all content contained therein, including any intellectual propertyrights which subsist in the Web Sites (whether those rights happen to beregistered or not, and wherever in the world those rights may exist). You further acknowledge that the ISPWeb Sites may contain information which is designated confidential by ISP andthat you shall not disclose such information without ISP prior written consent.
Prohibition Against AnyUnauthorized Use of ISP Content. Unlessotherwise agreed to by ISP in writing, nothing in the Terms gives you a rightto use any of ISP trade names, trademarks, service marks, logos, trade dress,domain names, or other distinctive brand features (collectively, “BrandFeatures”). If you have been given an explicit right to use any of these BrandFeatures in a separate written agreement with ISP, then you agree that your useof such features shall be in compliance with that agreement and restricted inscope by the terms of that agreement. Further, by accessing the ISP Web Sites, you agree that you shall notremove, obscure, or alter any proprietary rights notices (including copyrightand trade mark notices) which may be affixed to or contained within the ISP WebSites.
Prohibition Against AnyUnauthorized Use of Third Party Content. UnlessISP expressly authorizes you to do so in writing, you agree that in using the ISPWeb Sites and the services appurtenant thereto, you will not use any trademark, service mark, trade name, trade dress, or logo of any company ororganization in a way that is likely or intended to cause confusion about theowner or authorized user of such marks, names, dress or logos.
Prohibition Against Use of Botnets and Related Activities. ISPretains the right, at our sole discretion, to terminate any accounts involvedwith botnets and related activities. If any hostnames are used as command andcontrol points for botnets, ISP reserves the right to direct the involvedhostnames to a honeypot, loopback address, logging facility, or any otherdestination at our discretion.
User Waives Rights to User Created Content. You acknowledge and agree that any original content that you submit,post, transmit, or display on, or through, the ISP Web Sites, becomes theproperty of ISP, granting ISP the exclusive right, title and/or interest tosuch content, including any intellectual property rights which subsist in thatcontent (whether those rights happen to be registered or not, and wherever inthe world those rights may exist). By submitting such content to the ISP Web Sites, you are waiving any andall intellectual property rights and/or moral rights that you may haveotherwise had in and to such content. Notwithstanding the foregoing, ISP is under no obligation to safeguard, protect orotherwise enforce any intellectual property rights that you have or claim tohave in any content that you submit, post, transmit, or display on, or through,the ISP Web Sites.
Notification of Claimed Copyright Infringement. Pursuant to Section 512(c) of the Copyright Revision Act, as enactedthrough the Digital Millennium Copyright Act, ISP designates the followingindividual as its agent for receipt of notifications of claimed copyrightinfringement.
10120 S. Eastern Avenue
Henderson, NV 89052
By Telephone: 702-492-1200
By Email: Christi@getspainfo.com
Lawfully Using the ISP Web Sites. By accessing or otherwise downloading content fromany ISP Web Site, you agree to use the ISP Web Site only for purposes that arepermitted by the Terms stated herein and any applicable law or regulation inthe relevant jurisdiction(s) (including any laws regarding the export of dataor software to and from the United States or other relevant countries).
Access Through ApprovedInterfaces Only. You agree not to access(or attempt to access) any content or code contained on any ISP Web Site by anymeans other than the interface that is provided by ISP. You specifically agreenot to access (or attempt to access) any of the ISP Web Sites through anyautomated means (including use of scripts or web crawlers) and shall ensurethat you comply with the instructions set out in any robots.txt file(s) presenton the ISP Web Sites. Further, youagree that you will not engage in any activity that interferes with or disruptsthe ISP Websites (or the servers and networks which are connected to the WebSites).
Prohibition Against AnyReproduction of ISP Content. By accessing or otherwise downloadingcontent from ISP Web Sites, you agree that you will not reproduce, duplicate,copy, sell, trade or resell ISP Web Sites or any part thereof for any purpose.
Responsibility for Breach. By accessing or otherwise downloading content fromISP Web Sites, you agree that you are solely responsible for (and that ISP hasno responsibility to you or to any third party for) any breach of yourobligations under the Terms and for the consequences (including any loss ordamage which ISP may suffer) of any such breach thereof.
Age Restrictions. If you are a person younger than 14 years of age,you are prohibited from: (1) submitting personal information to the ISP WebSites; (2) purchasing goods or services from ISP; (3) establishing any accountwith ISP; or (4) accessing or attempting to access any password-restrictedinformation contained on the ISP Web Sites. If you are a parent and wish to block the ISP Web Site, wesuggest that you contact one of the following Internet filtering companies:
· InternetContent Rating Association
Privacy of Passwords. In the event that you establish any passwordprotected user account with ISP, you acknowledge, understand and agree that you are responsible formaintaining the confidentiality of any and all passwords associated with anysuch user account.
Responsibility for All AccountActivities. In recognizing that you are solely responsible for theconfidentiality of any passwords associated with your account, you agree thatyou will be solely responsible to ISP for any and all activities that occurunder or in the name of your account.
Notification of UnauthorizedAccess. If you become aware of anyunauthorized use of your password or of your account, you agree to notify ISPimmediately at email@example.com.
Links to Third Party WebSites.
YOU EXPRESSLY UNDERSTAND ANDAGREE THAT YOUR USE OF THE ISP WEB SITES IS AT YOUR SOLE RISK AND THAT THE WEBSITES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
FURTHER, ISP, ITS SUBSIDIARIESAND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
· YOURUSE OF THE WEB SITES WILL MEET YOUR REQUIREMENTS,
· YOURUSE OF THE WEB SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
· ANYINFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEB SITES WILL BEACCURATE OR RELIABLE, AND
· THATDEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU ASPART OF THE WEB SITES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OROTHERWISE OBTAINED OR ACCESSED THROUGH THE USE OF THE WEB SITES IS DONE AT YOUROWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGETO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THEDOWNLOADING, OBTAINMENT, OR ACCESSING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHERORAL OR WRITTEN, OBTAINED BY YOU FROM ISP OR THROUGH OR FROM THE ISP WEB SITESSHALL CREATE ANY WARRANTY NOT EXPRESSLY AND UNEQUIVOCALLY STATED IN THESE TERMSOF USE.
WhileISP makes every effort to ensure that the information on this website isaccurate, ISP makes no representations or warranties as to the accuracy orreliability of such information. ISPdisclaims any all warranties or representations whatsoever with regard to anyproduct provided or offered by any Vendor, and you acknowledge that anyreliance on such representations and/or warranties shall be at your own risk.
ISP FURTHER EXPRESSLY DISCLAIMSALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability.
SUBJECT TO THE “DISCLAIMERS OFWARRANTIES” STATED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ISP, ITSSUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
· ANYDIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICHMAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THISSHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURREDDIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSSOF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHERINTANGIBLE LOSS;
· ANYLOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSSOR DAMAGE AS A RESULT OF:
o ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS,ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP ORTRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARSON THE ISP WEB SITES;
o ANY CHANGES WHICH ISP MAY MAKE TO THE WEB SITES, OR FORANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITES (OR ANYFEATURES WITHIN THE WEB SITES);
o THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE,ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY ORTHROUGH YOUR USE OF THE WEB SITES;
o YOUR FAILURE TO PROVIDE ISP WITH ACCURATE ACCOUNTINFORMATION;
o YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILSSECURE AND CONFIDENTIAL;
THE LIMITATIONS ON ISP LIABILITYTO YOU AS STATED ABOVE SHALL APPLY WHETHER OR NOT ISP HAS BEEN ADVISED OF ORSHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
By accessing or otherwisedownloading content from the ISP Web Sites, you agree to indemnify, holdharmless and release ISP (and its employees, officers, directors, owners,agents, licensors and their respective successors and assigns), from andagainst any and all claims, damages, costs and expenses, including reasonableattorney's fees, arising from or related to your use or misuse of the ISP Web Sitesor any content or services contained therein or provided thereby, including,but not limited to, information from third-party web sites linked to the ISPWeb Sites.
Local Laws andInternational Export Controls.
The ISP Web Sites may provideservices and/or use software and technology that may be subject to UnitedStates export controls administered by the U.S. Department of Commerce, theUnited States Department of Treasury Office of Foreign Assets Control, andother U.S. agencies and the export control regulations of the European Union. Byaccessing or otherwise downloading content from the ISP Web Sites, youacknowledge and agree that the Web Sites shall not be used, and none of theunderlying information, software or technology may be transferred or otherwiseexported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudanor any other country to which the United States and/or the European Unionmaintains an embargo (collectively, the "Embargoed Countries"), or toor by a national or resident thereof, or any person or entity on the U.S.Department of Treasury's List of Specially Designated Nationals or the U.S.Department of Commerce's Table of Denial Orders (collectively, the"Designated Nationals"). The lists of Embargoed Countries andDesignated Nationals are subject to change without notice. By using the ISP WebSites, you represent and warrant that you are not located in, under the controlof, or a national or resident of an Embargoed Country or a Designated National.
By accessing any of the ISP WebSites, you assume all knowledge of applicable law and are responsible forcompliance with any such laws. Youmay not use any of the ISP Web Sites in any way that violates applicable state,local, federal, or international laws, regulations or other governmentrequirements. You further agree not to transmit any material that encouragesconduct that could constitute a criminal offense, give rise to civil liabilityor otherwise violate any applicable local, state, national, or internationallaw or regulation.
Changes to the ISP WebSites.
Changes/Additions/Deletionsto These Terms.
Failure to Adhere toThese Terms.
Location/GoverningLaw/Consent to Jurisdiction.