Terms And Conditions Of Use
1. Terms
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website (see below), sub-domains, and any associated web-based, mobile applications, media platforms including, but not limited to, smart TVs and game consoles (collectively, "Website"), as owned and operated by SPIXIE (1000888835 ONTARIO INC.)
- www.spixie.co
- spixie.co
Definitions
Capitalized terms, unless otherwise defined, have the meaning specified below:
1. The terms "us" or "we" or "our" refers to SPIXIE, the owner incorporate of the Website.
2. A "Visitor" is someone who merely browses our Website, but has not registered as Member.
3. A "Member" is an individual that has registered with us to use our Service.
4. Our "Service" represents the collective functionality and features as offered through our Website to our Members.
5. A "User" is a collective identifier that refers to either a Visitor or a Member.
6. All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Agreement
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. SPIXIE reserves the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to cancelling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Entire Agreement
This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and SPIXIE, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
The most recent update to our Terms of Service was posted on May 20, 2024.
2. Use License
Permission is not granted to redistribute copies of the content of the Website for commercial transitory viewing. The grant of a license, not a transfer of title, provided under the use license permits the personal viewing and social media “sharing” alone. For greater certainty, under this license you may not:
1. Modify or copy the materials
2. Attempt to decompile or reverse engineer any software contained on the Website
3. Remove any copyright or other proprietary notations from the materials; or
4. Transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by SPIXIE at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. We reserve the right to discontinue a Member’s account or a User’s access privileges without notice in the event of a breach of the terms and conditions contained herein.
3. Disclaimer
The materials on the Website are provided "as is". SPIXIE makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SPIXIE does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall SPIXIE or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Website, even if SPIXIE or a SPIXIE authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the Website could include technical, typographical, or photographic errors. SPIXIE may make changes to the materials contained on its web site at any time without notice. While SPIXIE has fulfilled its due diligence regarding the integrity of the Content, it does not accept any liability regarding same.
6. Links
SPIXIE has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SPIXIE of the site. Use of any such linked web site is at the User's own risk.
7. Severability
Should any part of our Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
8. Governing Law
Our Terms shall be treated as though it were executed and performed in Ontario, Canada, and shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
All disputes shall be dealt with by way of mediation and in the event that two rounds of mediation is unsuccessful, disputes shall be dealt with by way of binding arbitration.
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website (see below), sub-domains, and any associated web-based, mobile applications, media platforms including, but not limited to, smart TVs and game consoles (collectively, "Website"), as owned and operated by SPIXIE (1000888835 ONTARIO INC.)
- www.spixie.co
- spixie.co
Definitions
Capitalized terms, unless otherwise defined, have the meaning specified below:
1. The terms "us" or "we" or "our" refers to SPIXIE, the owner incorporate of the Website.
2. A "Visitor" is someone who merely browses our Website, but has not registered as Member.
3. A "Member" is an individual that has registered with us to use our Service.
4. Our "Service" represents the collective functionality and features as offered through our Website to our Members.
5. A "User" is a collective identifier that refers to either a Visitor or a Member.
6. All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content".
Agreement
By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. SPIXIE reserves the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to cancelling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
Entire Agreement
This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively "Legal Terms", constitute the entire and only agreement between you and SPIXIE, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.
The most recent update to our Terms of Service was posted on May 20, 2024.
2. Use License
Permission is not granted to redistribute copies of the content of the Website for commercial transitory viewing. The grant of a license, not a transfer of title, provided under the use license permits the personal viewing and social media “sharing” alone. For greater certainty, under this license you may not:
1. Modify or copy the materials
2. Attempt to decompile or reverse engineer any software contained on the Website
3. Remove any copyright or other proprietary notations from the materials; or
4. Transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by SPIXIE at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. We reserve the right to discontinue a Member’s account or a User’s access privileges without notice in the event of a breach of the terms and conditions contained herein.
3. Disclaimer
The materials on the Website are provided "as is". SPIXIE makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, SPIXIE does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall SPIXIE or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Website, even if SPIXIE or a SPIXIE authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the Website could include technical, typographical, or photographic errors. SPIXIE may make changes to the materials contained on its web site at any time without notice. While SPIXIE has fulfilled its due diligence regarding the integrity of the Content, it does not accept any liability regarding same.
6. Links
SPIXIE has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SPIXIE of the site. Use of any such linked web site is at the User's own risk.
7. Severability
Should any part of our Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
8. Governing Law
Our Terms shall be treated as though it were executed and performed in Ontario, Canada, and shall be governed by and construed in accordance with the laws of Ontario, Canada, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
All disputes shall be dealt with by way of mediation and in the event that two rounds of mediation is unsuccessful, disputes shall be dealt with by way of binding arbitration.
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information.
While the following principles will be upheld to the fullest letter of the law and SPIXIE will employ safeguards to protect Users information, your use of the site represents an acquiescence to the Privacy Policy and an agreement to hold SPIXIE blameless in the event of a privacy breach. Note that all privacy breaches will be prosecuted.
The following outlines our privacy policy.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and make use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
All of our information gathering and storing practices are in accordance with all applicable federal, provincial and municipal privacy statutes.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
While the following principles will be upheld to the fullest letter of the law and SPIXIE will employ safeguards to protect Users information, your use of the site represents an acquiescence to the Privacy Policy and an agreement to hold SPIXIE blameless in the event of a privacy breach. Note that all privacy breaches will be prosecuted.
The following outlines our privacy policy.
Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
We will collect and make use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
We will only retain personal information as long as necessary for the fulfillment of those purposes.
We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
We will make readily available to customers information about our policies and practices relating to the management of personal information.
All of our information gathering and storing practices are in accordance with all applicable federal, provincial and municipal privacy statutes.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.