Terms of Service
Hello! SP4SP LLC , provides the website located at www.miamibenzclub.com (the “Network”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of the Network and services accessible via the website. To make these Terms easier to read, the Network and the services it provides are collectively called the “Services.”
Agreement to Terms
Who May Use the Services
Registration and your information
If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via your client account located at SocialEngine . By connecting your account, you acknowledge that your email address will be linked to the Network.
You may use the Services only if you are 13 years or older and have an account with an active SocialEngine license. By using our services you warrant that you are 13 years of age or older.
Community Guidelines and Enforcement Rights
You are asked to respect the community of users on the Network. Accordingly, you agree that you’ll only use the Services in a manner that is consistent with the Community Use Guidelines set forth below. If you use the Services in a manner that is inconsistent with the Community Guidelines, your Account may be suspended or terminated.
You agree not to do any of the following:
1. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
2. Access, tamper with, or use non-public areas of the Network, the Network’s computer systems, or the technical delivery systems of the Network’s providers;
3. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
4. Use any meta tags or other hidden text or metadata utilizing a Network trademark, logo URL or product name without the Network’s express written consent;
5. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
6. Use, display, mirror or frame the Site, or any individual element within the Site or Services, the Network’s name, any Network trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without the express written consent of the Network;
7. Attempt to probe, scan, or test the vulnerability of any Network system or network or breach any security or authentication measures;
8. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by the Network or any of the Network’s providers or any other third party (including another user) to protect the Services or Content;
9. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by the Network or other generally available third party web browsers;
10. Use the Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
12. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
13. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
14. Impersonate or misrepresent your affiliation with any person or entity;
15. Violate any applicable law or regulation; or
16. Encourage or enable any other individual to do any of the foregoing.
Network Enforcement Rights
Although the Network is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, it has the right to do so for the purpose of operating the Services, to ensure compliance with these Terms or to comply with applicable law or other legal requirements. The Network reserves the right, but is not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if it, at its sole discretion, considers any Content to be objectionable or in violation of these Terms. The Network has the right to investigate violations of these Terms or conduct that affects the Services. The Network may also consult and cooperate with law enforcement authorities to prosecute users who violate the law or other legal requirements.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
The Network does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, the Network and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to the Network a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, view, download, and print your User Content in connection with operating and providing the Services and Content.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by the Network on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. The Network is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by the Network
Subject to your compliance with these Terms, the Network grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. These links are provided only as a convenience and the Network is not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Your access to and use of the Services may be terminated, at the Network’s sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The Services and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, the Network explicitly disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement and any warranties arising out of course of dealing or usage of trade. The Network makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Network makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless The Network and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of Liability
Neither the Network nor any other party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Network has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event will the Network’s total liability arising out of or in connection with these terms or from the use of or inability to use the services or content exceed the amounts you have paid to the Network for use of the Services or content or one hundred dollars ($100), if you have not had any payment obligations to the Network, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the agreement between the Network and you.
These Terms constitute the entire and exclusive understanding and agreement between the Network and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Network and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Network’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Network may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by the Network under these Terms, including those regarding modifications to these Terms, will be given by the Network: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The Network’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Network. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Changes to Terms or Services
The Network may modify the Terms at any time, at its sole discretion. Any such changes will be reflected on the Terms of Service page and will supersede previous Terms.