Last Updated: November 30, 2017
Please read this agreement before using our Services in any way. By using the Services in any way or form, you agree to be fully bound by the terms in this Agreement. We reserve the right in our sole discretion, to change, modify or otherwise alter these Terms & Conditions without notice at any time. In the event we determine any changes or modifications constitute material changes to these Terms & Conditions, we may contact you to inform you of those changes. We will determine, in our sole and absolute discretion, which changes constitute “material changes” to these Terms & Conditions, and our decision will be final. Such changes and/or modifications shall become effective immediately upon posting our updated Terms & Conditions.
If you do not agree to, understand or accept the terms in this Agreement you must discontinue all use of the Services.
Services Use and Content. The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible through our Services is our property, except as otherwise indicated, and in each case is protected by United States and Canadian intellectual property laws.
By accessing or using our Services, you represent and warrant that you are at least 18 years old and that you agree to and to abide by this Agreement. Any use of our Services by anyone under age 18 is unauthorized, unlicensed and in violation of this Agreement.
Our Services: Marketing, Advertising, Software Development and Support. Our Services include use of the SPXStudios.com website, LogisCloud.com website, marketing assistance, advertising assistance, software development, website hosting, server support, website assistance, customer support, lead generation, sales support, business consulting and related services.
Other Services: We receive the right to update, change, add to or remove offerings from our services at any time.
Email Communication. When you use our services, you agree and acknowledge that we may send you email communications pertaining to your account, our services or related services.
Copyrights and Trademarks
- All materials contained on the Web Site are Copyright SPX Studios. All rights reserved.
- No person is authorized to use, copy or distribute any portion the Web Site including related graphics.
- Any trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks of SPX Studios or their respective owners. Such marks may not be used under any circumstances without the prior written authorization of SPX Studios or their respective owners.
Your License to Us. In consideration of our limited license to you to use our Services, we may include your name or logo in a list of customers on our website, in a case study or other promotional materials. We will not sell or exploit information provided by you without prior written approval.
Feedback & Customization Policy. By submitting any product or service feedback, feature idea or suggestion for improvement to our products or services, you irrevocably grant us an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, and/or distribute all data, statistical data, or aggregated data.
Termination. You may terminate your account and this Agreement at any time by contacting us in writing at legal<a>spxstudios.com. In addition, we reserve the right to terminate your account in the event that you breach any provision of the Use Restrictions section below. After termination, we will continue to retain perpetual ownership of any customizations, modifications, ideas, data, enhancements and information related to our Feedback & Customization policy above.
Use Restrictions.You agree to use the Services for legitimate purposes only and not for speculative, false, fraudulent, or illegal purposes.
Limited Warranty and Disclaimer. The information and materials our websites, promotional materials, advertisements or presentations could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. SPX Studios MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON OUR WEBSITES, PROMOTIONAL MATERIALS, ADVERTISEMENTS OR PRESENTATIONS, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON OUR WEBSITES, PROMOTIONAL MATERIALS, ADVERTISEMENTS OR PRESENTATIONS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF OUR SERVICES.
Technology Disclaimer. We try to ensure that the availability and delivery of our Services is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our services become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Services inaccessible to you.
Indemnification. You agree at all times to defend, indemnify and hold us harmless, as well as any of our customers, affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our services or your breach of any law or regulation, obligation, warranty, representation, or covenant set forth in this Agreement or in any other agreement with us.
Limitation of Liability and Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Services, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Disclaimer. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with our Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, or emotional injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Changes to These Terms of Service