Terms of Service Agreement

Welcome to SPIKO (“SPIKO,” “we,” “us,” or “our”). These Terms of Service (“Terms” or “Agreement”) govern your access to and use of the SPIKO mobile application, website, and related services (collectively, the “Service”).

By accessing or using the Service, whether as a registered user (“User”), event host (“Host”), or attendee, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

This Agreement is subject to change by SPIKO at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following SPIKO posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

Important Notice

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Electronic Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by SPIKO from time to time, such modifications to be effective upon posting by SPIKO on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

1. Access and Retention

In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

2. Commercial Use of Service

If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

• You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
• You have read and understand this Terms of Service; and
• You agree to this Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of SPIKO, which may be revoked at any time, for any reason, in SPIKO’s sole discretion.

3. Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify SPIKO of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SPIKO will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your SPIKO account.

4. Your Use of the Websites

The following rules apply to your use of the Websites:

• You may not browse or download illegal content.
• You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites, unless given express permission by SPIKO.
• You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”).
• You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.
• You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
• You must not employ bots, scripts, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion.
• You must not alter or remove any trademark, copyright or other proprietary or legal notices contained in the Websites or any Content appearing on the Websites (other than Your Content).
• You must not copy or adapt the object code of the Websites, or reverse engineer, decompile, modify or attempt to discover any source or object code of any part of the Websites.
• You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public any Content that is offensive, unlawful, infringing, contains malware, or is otherwise objectionable in SPIKO’s sole discretion.
• You must not commit or engage in, or encourage any conduct that would constitute a criminal offense or give rise to civil liability.
• You must not rent, sell or lease access to the Websites, or any Content on the Websites.
• You must not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
• You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any SPIKO employee.
• You must not sell or transfer any SPIKO account to any third party without prior written approval of SPIKO.
• You must not collect or attempt to collect personal data about other users, including by scraping.
• You must not violate or attempt to circumvent SPIKO’s data security measures or access data not intended for your use.

SPIKO reserves the right to investigate any violations and take appropriate legal action or terminate accounts at its discretion.

5. Representations and Warranties

You represent and warrant that:

• Your Content is original or you have obtained all rights, licenses and permissions necessary to use and authorize SPIKO to use it.
• Your Content does not infringe third party rights, including intellectual property or privacy rights.
• You have obtained consents from any persons appearing in Your Content where required.
• Your Content is not unlawful, offensive, or otherwise in violation of these Terms.

SPIKO may remove Your Content, suspend access, or pursue legal remedies if these representations are breached.

6. Term

This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at contact@spikotech.org. SPIKO may terminate your membership for any reason and is not required to provide you notice prior to termination. Certain provisions survive termination.

7. Modifications to Service

SPIKO reserves the right to modify or discontinue the Service at any time with or without notice and will not be liable for any modification, suspension, or discontinuance.

8. Blocking of IP Addresses

SPIKO may block Members from certain IP addresses to protect the integrity of the Services.

9. Content

a. Proprietary Rights. SPIKO retains all proprietary rights in the Websites and the Service. Content may be supplied by third parties and SPIKO is not responsible for third-party content.

b. Ownership of Your Content; Licenses. You agree that any content you upload (“Your Content”) shall become the property of SPIKO. SPIKO grants you a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, and publicly display such content, except for commercial or for-profit use accounts. Other Content remains the property of the relevant Uploader.

10. Restrictions on Use of Materials

You acknowledge SPIKO’s Intellectual Property rights and agree not to modify, publish, transmit, or exploit such Intellectual Property without prior written consent.

11. Copyright Policy

SPIKO prohibits submission of content that infringes copyright. For copyright claims pursuant to 17 U.S.C. §512(c)(2), send notifications by certified mail to:

4030 Wake Forest Rd Ste 349, Raleigh, NC 27609

Your notification should include identification of the copyrighted work, the allegedly infringing material, your contact information, a good-faith statement, and a signature.

12. Liability for Content

SPIKO is a passive conduit and is not responsible for user Content. You are solely responsible for Your Content and SPIKO excludes liability to the fullest extent permitted by law.

13. Repeat Infringers

SPIKO may suspend or terminate access for repeat infringers and does not offer refunds for accounts terminated for repeated infringement.

14. Limitation of Liability

To the maximum extent permitted by law, SPIKO’s liability is limited and excluded for various types of damages. If limitations are unenforceable, aggregate liability is limited to the greater of $500 or amounts paid to SPIKO in the six months prior to notice of the dispute.

15. Indemnity by You

You agree to indemnify SPIKO and its affiliates from losses, claims, damages, or expenses arising from your breach, infringement claims, or account activity.

16. Attorney Fees

If SPIKO is successful in any action related to this Agreement, you shall be responsible for SPIKO’s attorneys' fees and costs.

17. Parental or Guardian Permission

Children under 17 are not permitted to use the Websites unless supervised by a parent or guardian.

18. Privacy

Use of the Websites and Service is governed by our Privacy Policy.

19. Jurisdiction and Choice of Law; Dispute Resolution

Disputes shall be governed by the laws of the State of North Carolina without regard to conflicts of law, and you consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York for resolution.

20. Arbitration Provision/No Class Action

Except where prohibited by law, disputes will be resolved individually by binding arbitration under the rules of the American Arbitration Association, with no class actions. Arbitration procedures and enforcement details are provided in this section.

21. No Third Party Beneficiaries

Except as expressly provided, there shall be no third party beneficiaries to this Agreement.

22. Availability Outside the U.S.

If you access SPIKO from outside the U.S., you do so at your own risk and consent to processing of personal information in the U.S. as described in this Agreement and the Privacy Policy.

23. Entire Agreement

This Agreement contains the entire agreement between you and SPIKO regarding use of the Websites and Service.

24. Severability; Waiver

If any provision is invalid, it will not affect the validity of remaining provisions. No waiver of any term shall be deemed a continuing waiver.

25. Headings

Section headings are for reference only and do not affect meaning or interpretation.

Please contact us with any questions regarding this agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.