Legal

Terms of Use last updated: 29-Jan2013

 

These Terms govern your access to and use of the Site and the Services and, except as otherwise provided in these Terms, all text, graphics, images, music, audio, video, information or other materials available through the Site and Services “Content” and constitute a binding legal agreement between you and Spearhead Interactive.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY POSTING ANY USER CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, CONTENT OR USER CONTENT.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

 

MODIFICATION

Spearhead Interactive reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.

 

ELIGIBILITY

The Site and Services are intended solely for persons who are 13 or older provided, however, you must be at least 18 to make purchases or submit content to Spearhead Interactive. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to these Terms.

 

PRIVACY

See Spearhead Interactive’s Privacy Policy at http://www.spearheadinteractive.com/privacy-policy for information and notices concerning Spearhead Interactive’s collection and use of your personal information.

 

CONTENT LICENSE

Subject to your compliance with the terms and conditions of these Terms, Spearhead Interactive grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, Content or User Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Spearhead Interactive or its licensors, except for the licenses and rights expressly granted in these Terms.

 

GENERAL PROHIBITIONS

You agree not to do any of the following:

Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material 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) promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances. Use, display, mirror or frame the Site, or any individual element within the Site, Spearhead Interactive’s name, any Spearhead Interactive trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Spearhead Interactive’s express written consent; Access, tamper with, or use non-public areas of the Site, Spearhead Interactive’s computer systems, or the technical delivery systems of Spearhead Interactive’s providers;

Attempt to probe, scan, or test the vulnerability of any Spearhead Interactive system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Spearhead Interactive or any of Spearhead Interactive’s providers or any other third party (including another user) to protect the Site, Services or Content;

Attempt to access or search the Site, Services, Content or User Content (other than your own User Content) or download Content, User Content (other than your own User Content) or Software from the Site or 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 Spearhead Interactive or other generally available third party web browsers; Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use any meta tags or other hidden text or metadata utilising a Spearhead Interactive trademark, logo URL or product name without Spearhead Interactive’s express written consent; Use the Site, Services, Content or User Content (other than your own User Content) in any manner not permitted by these Terms; 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 Site, Services, Content or User Content (other than your own User Content) to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Content or User Content (other than your own User Content);

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 Site; Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing.

Spearhead Interactive will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Spearhead Interactive may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

You acknowledge that Spearhead Interactive has no obligation to monitor your access to or use of the Site, Services, Content or User Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You further acknowledge and agree that Spearhead Interactive reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Without limiting the foregoing, Spearhead Interactive and its designees shall have the right, at any time and without prior notice, to remove or disable access to any Content or User Content that violates these Terms, is otherwise harmful to the Site or Services, or is otherwise objectionable in Spearhead Interactive's sole discretion. You acknowledge and agree that Spearhead Interactive does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content. You understand that by using the Services, you may be exposed to User Content that you may consider offensive or objectionable. Furthermore, you acknowledge and agree that if Services are offered or provided through another entity, including, but limited to, through another entity's website (e.g. Facebook), you agree to abide by that third party's terms of service, and we encourage you to review such terms of service.

 

COPYRIGHT POLICY

Spearhead Interactive respects copyright law and expects its users to do the same. Spearhead Interactive has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Spearhead Interactive’s Copyright Policy at http://spearheadinteractive.com/copyright-policy for further information.