SpacialNet User Agreement
Last updated: October 23, 2012
This User Agreement (the “Agreement”) is a binding agreement between SpacialNet.com ("SpacialNet") and you an individual, or you a company or other legal entity (“You”). This Agreement sets forth the terms and conditions under which SpacialNet permits You to use the Services offered by SpacialNet.
By accepting this Agreement, You agree to be bound by its terms and conditions. If You do not agree with the terms and conditions of this Agreement, You may not use SpacialNet’s stream hosting and webcast services or related products (the “Services”) and must refuse to accept this Agreement when prompted to do so. This Agreement takes effect immediately upon your acceptance of this Agreement.
By accepting this Agreement, You agree to the following:
1. 1. Modification of this Agreement
SpacialNet reserves the right to modify this Agreement at any time by posting a revised version of the Agreement on www.spacialnet.com (the “Web Site”) and notifying You via the e-mail address indicated by You in your account information. Such revised versions of this Agreement shall become effective for You fifteen (15) days after notification has been sent by SpacialNet. By continuing to use or receive SpacialNet’s Services after the effective date of any revisions to this Agreement, You shall be deemed to have accepted the revised Agreement and shall be bound by its terms and conditions. This Agreement was last modified on the date set forth at the top of this Agreement.
2. Account Registration and Membership
With regards to registration and account information, You represent and warrant that :
- the information provided and factual assertions made to SpacialNet are accurate and complete;
- the contact information provided is up to date and accurate and allows SpacialNet to communicate with You in a timely manner as required;
- if You are an individual, You are of the age of majority in your country and have the legal capacity to enter into this Agreement;
- if You are an entity or organization,
- Your entity or organization is duly authorized to do business in the country or countries where it operates,
- the individual accepting the Agreement meets the requirements of subsection c. above and is an authorized representative of Your entity or organization, and
- Your entity or organization’s employees, officers, representatives and other agents accessing the Services are duly authorized to do so and to legally bind You to this Agreement and to all transactions conducted under Your account.
3. Rules Relating to Use of Service
You acknowledge and agree that You are solely responsible for all content which You stream, distribute, or store via SpacialNet’s Services (“Your Content”). The necessity to acquire any rights for Your Content is solely your responsibility. SpacialNet is in no way responsible for Your Content and does not provide any form of legal protection whatsoever for Your Content used in conjunction with SpacialNet’s Services.
You agree to use SpacialNet’s Services in compliance with the terms of this Agreement and with all other laws applicable in Your jurisdiction and any other jurisdictions in which you use the Services. In this regard and in regards to the general requirement that You use SpacialNet’s Services in an appropriate manner, You hereby represent and warrant that:
- You shall not use SpacialNet’s Services in a manner that infringes, violates or misappropriates the rights of any third party;
- You own and/or control all of Your Content or you have acquired all the licenses, permissions and rights necessary for Your use of Your Content;
- You shall not use SpacialNet’s Services to engage in spamming or other impermissible advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations;
- You shall not use SpacialNet’s Services to disseminate or cause the dissemination of viruses, Trojan horses, worms, time bombs, bots, or other disabling devices or other harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- You shall not use SpacialNet’s Services in any manner that violates any applicable local, state, national, or international laws;
- You shall not use SpacialNet’s Services in any manner that violates the privacy of any person or entity; and
- You shall not use SpacialNet’s Services in a way that is otherwise illegal or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
You are not permitted to use SpacialNet’s name, URL, trademarks, copyrights or properties without the express written consent of an agent of SpacialNet or unless otherwise specified.
4. Your Service Requirements
You acknowledge and agree that certain basic requirements are necessary for You to make use of SpacialNet’s Services. You must have a computer with reliable internet access, a web browser (the latest versions of Firefox, Microsoft Internet Explorer or Google Chrome are recommended), and for live webcasts, some means of pointing or connecting Your desired choice of “encoded" source feed (i.e. Windows Media, mp3, mp3PRO, aacPLUS, NSV) to Your assigned SpacialNet Service. SpacialNet is in no way responsible for Your hardware or software incompatibility to network elements that are not under the control of SpacialNet.
5. End User Service Requirements
You acknowledge and agree that certain basic system requirements are necessary for listeners who whish to access Your Content through SpacialNet Services (“End Users”). End Users must have a computer with internet access, a web browser (the latest versions of Firefox, Microsoft Internet Explorer or Google Chrome are recommended), a sound card, speakers, and a compatible streaming player such as Winamp, Flash Player, Windows Media Player (standard on most Windows operating systems), or VLC. SpacialNet is in no way responsible for End User hardware or software incompatibility to network elements that are not under the control of SpacialNet, including but not limited to End User’s LAN, WAN, router and firewall.
6. Third Party Software
SpacialNet’s Services may include software and/or services that are proprietary to third parties (“Third Party Software”). The providers of Third Party Software are express third-party beneficiaries under this Agreement, with a right to enforce the terms of this Agreement against You. The providers of Third Party Software make no representation or warranty to You. You acknowledge and agree that Your use of Third Party Software is subject to terms and conditions issued by the providers of such Third Party Software and You hereby agree to be bound by those terms and conditions.
7. Storage of Your Content
You acknowledge and agree that although SpacialNet will make all best efforts to securely store Your Content, all of Your Content is stored by SpacialNet at your own risk and SpacialNet assumes no responsibility for any loss, damage, or corruption to Your Content. In addition, SpacialNet does not backup Your Content, the backup of which is Your sole responsibility.
8. Ordering of Service and Service Fees
You may order SpacialNet Services through Your member account on the Web Site. Fees for all of SpacialNet’s Services are defined on the Web Site. Fees are subject to change and may be updated by giving You thirty (30) days notice via the e-mail address indicated in Your account information. You will begin receiving your Services on the date of initiation of service.
- Monthly subscriptions: a pro-rated fee will be charged on the date of initiation of service for Services during the period starting on the date of initiation of service and ending on the last date of the calendar month in which service is initiated; following this initial period, the full monthly fee will be invoiced and charged on the first day of each calendar month for Services during that month unless service is cancelled per Section 11.
- Yearly subscriptions: the full yearly fee will be invoiced and charged on the date of initiation of service for Services during the 365-day-period starting on the date of initiation of service; SpacialNet will notify you via e-mail thirty (30) days prior to the end of Your yearly subscription so that you may either renew or cancel your yearly subscription. Should you fail to respond to this 30-day notice, your subscription will be automatically converted to a monthly subscription subject to the terms of Section 8a and which may be cancelled per Section 11.
The SpacialNet Support Center staff is available to provide technical support regarding issues directly related to the availability and functionality of SpacialNet’s Services. You may contact the Support Center by creating a Support Ticket online at http://www.spacialnet.com/contact.html or by calling (514) 587-6645 Monday to Friday, between 8AM and 4PM EST. You must provide Your basic account information and adequate details of Your technical issue in order to receive support, failing which response and/or resolution may be delayed. You acknowledge and agree that SpacialNet’s responsibility is limited to software, hardware, and network elements under SpacialNet’s control and directly related to the availability and functionality of SpacialNet’s Services. You further acknowledge and agree that, while the SpacialNet Support Center aims to help clients as much as possible, SpacialNet will not provide generic computer, Internet, or website advice nor will SpacialNet provide support for elements that are ordinarily Your responsibility or the responsibility of Your ISP or for issues related to End User applications.
10. System Maintenance and Service Disruption
SpacialNet performs routine system upgrades during SpacialNet regular maintenance windows on Wednesdays from 3:00AM to 6:00AM EST, during which time your Services may be affected. SpacialNet will make all best efforts to avoid any disruptions to Your Services during this maintenance. It is also possible that you may experience a Service disruption as a result of immediate maintenance issues, system failure, security issues (i.e. denial of service or port attack), or for reasons outside of SpacialNet’s control. SpacialNet assumes no responsibility for any damages or inconveniences that may result from any Service disruptions.
11. Renewal and Cancellation of Services
- Where You have purchased a monthly subscription to the Services as detailed in Section 8a, such subscription shall be automatically renewed at the end of the monthly subscription period. Should you wish to cancel your monthly subscription, You must advise SpacialNet through Your member account no less than five (5) days before the end of the monthly subscription period in effect
- Where You have purchased a yearly subscription to the Services as detailed in Section 8b, you will receive an e-mail notification thirty (30) days before the expiration of your subscription so that you may renew your subscription or cancel your Service should you so choose; should you fail to respond to this 30-day notice, your subscription will be converted to a monthly subscription which shall be renewed automatically at the end of each month. Should You wish to cancel Your subscription, You must advise SpacialNet through Your member account no less than five (5) days before the end of the monthly or yearly subscription period in effect.
No refunds will be issued upon cancellation; however Your Services will remain available until the end of the monthly or yearly subscription period in effect.
SpacialNet Support Center staff will endeavor to work directly with You to reach an appropriate solution to any problem that may arise with Your Services. However if SpacialNet is not able to deliver the Service per the specifications provided herein, or if You are dissatisfied with the Service and request cancellation within seven (7) days of activation, SpacialNet may issue a refund. Refunds shall be pro-rated based on the number of days paid for but not yet used at the time the refund is issued, and SpacialNet shall retain an administration fee of 10% of the refunded amount. Please note that for ease of calculation, SpacialNet uses 30 days for all calculations, regardless of the actual duration of the calendar month.
Example: If Your service fee is $30 per month and you have 10 days of unused service left at the time the refund is issued, the pro-rata refund will be calculated as follows:
($30.00 / 30 days per month) * 10 days = $10.00 less 10% fee ($1.00) = Total refund ($9.00)
In order to request a refund, You must advise the SpacialNet Support Center by creating a support ticket online or requesting a support ticket by phone. Failure to promptly cancel Your subscription prior to renewal and/or non-use of Your Service will not qualify You for a refund unless authorized by SpacialNet. Days credited for downtime or service interruptions cannot be exchanged for monetary value. Following a cancellation and/or refund issued by SpacialNet, any subsequent overpayments resulting from Your failure to cancel a PayPal subscription will be refunded in full. Refunds payable by check require a minimum refund value of twenty dollars ($20.00).
13. Suspension and Termination of Service
SpacialNet reserves the right to suspend or terminate Your account with SpacialNet and access Your to SpacialNet Services immediately and without notice if You are found to have breached this Agreement in any manner whatsoever. In addition, SpacialNet may terminate this Agreement, Your account with SpacialNet, and access Your to SpacialNet Services for any reason whatsoever in which case notice will be sent to You thirty (30) days prior to such termination via the e-mail address indicated by You in your account information.
SpacialNet will collect and store information which you provide for purposes of your registration with SpacialNet, your purchase of services (“Services”) offered through the Web Site, and for communicating with you regarding your account and providing you with general SpacialNet information. By using the SpacialNet Web Site and Services, you consent that SpacialNet can collect, store, and use the information you provided for these purposes. The information you submit to SpacialNet during the registration process will be reviewed to ensure that it is reliable, accurate and complete. With the exception of applicable provisions herein, your information will remain strictly confidential and will not be sold, rented, disclosed or made available to anyone other than SpacialNet. Any credit card information which you provide for the purpose of payment for Services purchases from the Web Site will not be stored by SpacialNet.
SpacialNet may collect, use, or disclose your information without your knowledge or consent if it is reasonably necessary:
- in case of an emergency where the life, health or security of an individual is threatened;
- to satisfy any applicable law, regulation, legal process or enforceable governmental request;
- to enforce applicable terms of this Agreement, including investigation of any possible violations;
- to detect, prevent, or otherwise address fraud, security, or technical issues; or
- to protect against harm to the rights, property, or safety of SpacialNet or any member of the public.
SpacialNet will protect personal information through appropriate security measures against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction. SpacialNet will protect the information regardless of the format in which it is stored.
15. Limitation of Liability
You acknowledge and agree that Your use of SpacialNet Services is “as-is” and SpacialNet does not make, and hereby disclaims, any and all other express and implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose. SpacialNet does not warrant that the use of its Services will be uninterrupted, error-free or completely secure or that the data stored by You will be secure or not otherwise lost or damaged. In no event shall SpacialNet be liable for any special, incidental or consequential damages, including but not limited to loss of profits or income, whether or not SpacialNet had knowledge that such damages might be incurred. In no event shall SpacialNet be liable for any representations or warranties made to a third party by You or any of Your respective agents or any claims against You by any third party. In no event shall SpacialNet be liable for more than the aggregate payments actually received from You in the twelve months preceding the event giving rise to a claim by You. Certain jurisdictions limit disclaimers of warranties and limitations of damages. In any such jurisdiction, this limitation of liability shall be deemed amended solely to the extent necessary to comply with the laws of such jurisdiction.
16. Your Indemnity
You hereby indemnify and hold harmless SpacialNet, and SpacialNet’s directors, officers, employees, agents and contractors from and against any claims and expenses (including reasonable attorney fees) arising from Your violation of any of the terms of this Agreement or Your use of the SpacialNet Web Site or Services.
17. Severability of Terms
If any of the terms in this Agreement are found to be unlawful, void, or for any reason unenforceable, then such provision(s) shall be deemed severable from the other the terms of this Agreement and shall have no effect on the validity of the remaining terms.
18. Non-Waiver of Rights
The failure of either party to insist on or enforce the strict performance of the other party’s obligations with respect to any of the terms of this Agreement, or to exercise any rights found herein, will not be construed as a waiver or diminishment of such party’s right to assert or rely upon any such provision or right in any other instance, and same will remain in full force and effect.
19. Governing Law
All matters relating to Your access and use of the Web Site and the Services shall be governed by the laws of the province of Quebec and the federal laws of Canada. You therefore agree to the courts of Quebec and Canada having legal jurisdiction. You also agree that You are fully responsible for complying with all of Your local laws.