Terms and Conditions
Copyright and Trademark Notices
Unless otherwise expressly stated, all copyrights, trademarks, trade names, logos, service marks and other intellectual property or proprietary rights in the contents (including, but not limited to, all information, text, sound, music, software, photographs, videos, graphics, data, messages and materials) on SPS’ websites are the property of SPS, its affiliates and/or third party licensors. You may view and use these contents for personal and non-commercial purposes only. These contents may not be reproduced, distributed, transmitted, published, displayed, broadcast, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without SPS’ prior written consent. You may not, without SPS’ prior written consent, insert a hyperlink to SPS’ websites (or any part thereof) on any other website or “mirror” or frame any content contained on SPS’ websites on any other server or website.
No license or right is granted to you and your access to SPS’ website(s) and/or use of SPS’ online services should not be construed as granting, by implication, estoppels or otherwise, any license or right to use the trademarks, trade names, logos or service marks appearing on such websites without SPS’ prior written consent. You may not, without SPS’ prior written consent, use any of such trademarks, trade names, logos or service marks as a hyperlink to any SPS’ website or any other website.
All contents contained in or accessed through SPS’ websites and/or online services are provided on an “as is” and “as available” basis and you agree that you use them at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including implied warranties of merchantability, satisfactory quality and fitness for a particular purpose and non-infringement, to the fullest extent allowed by law.
Without prejudice to the foregoing, we make no warranty as to the accuracy, reliability or quality of any content obtained through SPS’ websites and/or online services or any defects therein will be corrected and that such content and access to them are error free and uninterrupted or available at all times.
You agree that:
(1) All content transmitted or made available via SPS’ websites and/or online services, are the sole responsibility of the person from which such content originated;
(2) SPS and its affiliates will not be liable in any way for any third party content, products or services which you may access, use or acquire via SPS’ websites and/or online services;
(3) You are solely responsible for all content that you transmit or make available via SPS’ websites, online services or on any website;
(4) SPS and its affiliates do not control any third party content, products or services which you may access, use or acquire through SPS’ websites and/or online services. Further, SPS and its affiliates do not endorse or guarantee the accuracy, reliability, integrity, legality or quality of such content, products or services;
(5) By using SPS’ websites and/or online services, you may be exposed to third party content that may be defamatory, offensive, indecent, objectionable or illegal;
(6) SPS may, at its discretion, remove or modify any content (which you transmit or make available via SPS’ websites and/or online services or on any website) that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party’s intellectual property rights, without notice to you;
(7) SPS may, at its discretion, deny access to or remove any third party content, products or services that may be defamatory, offensive, indecent, objectionable or illegal or may have infringed any party’s intellectual property rights, without notice to you; and
(8) Without prejudice to paragraph (7) above, SPS may, at its discretion, remove, modify, suspend or terminate any third party content, products or services which you may access, use or acquire via SPS’ websites and/or online services, without notice to you, and SPS and its affiliates will not be liable to you or any third party under any of paragraphs (1) to (8) above.
SPS’ websites may also include hyperlinks to websites which are owned or operated by third parties. Such third party websites are not under our control. SPS and its affiliates cannot accept responsibility for the contents of or the consequences of accessing any such third party websites or any link contained in such websites. The hyperlinks found in SPS’ websites shall not be construed as an endorsement or verification of such third party websites or the contents found therein by SPS and its affiliates. You agree that your access to and/or use of such third party websites is at your sole risk and subject to these terms and conditions of access and/or use of such third party websites.
UNDER NO CIRCUMSTANCES WILL SPS OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, DAMAGES, LOSSES, EXPENSES, COSTS OR LIABILITIES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF OPPORTUNITY) ARISING FROM YOUR ACCESS AND/OR USE OF ANY OF SPS’ WEBSITE(S) OR ONLINE SERVICES, EVEN IF SPS OR ANY OF ITS AFFILIATES HAS BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
By assessing SPS’ websites and online services, you agree that such access and/or use, as well as these Terms shall be governed by the internal laws of the state of California without regards to its conflicts of laws principles and you agree to submit to the exclusive jurisdiction of the courts of San Francisco, California, and waive any right to bring any action against the other Party in any other jurisdiction or courts.
No failure or delay by SPS to exercise or enforce any of its rights under these Terms will operate as a waiver of such rights nor will such failure or delay in way prejudice or affect its right at any time thereafter to act strictly in accordance with our rights under the Terms.
All sales will be transacted in U.S. Dollars. All of our sales are final. There are no refunds, exchanges or transfers of sessions.