1.
Acceptance of Terms
2.
Modification to Terms of Use
3.
Intellectual Property Rights
4.
Your Conduct
5.
Comments, Communications and Other Content
6.
Links
7.
Video on Demand
8.
Indemnification
9.
Disclaimer of Warranties
10.
Limitation of Liability
11.
Copyright Policy
12.
Privacy Policy
13.
Site Security
14.
Termination of Use
15.
General Information
16.
Effective Date
1. Acceptance of Terms
The SpiceTVStore.com website is made up of various web pages (referred to collectively as “SpiceTVStore.com”), that are owned and operated by Right Ascension, Inc. (“Right Ascension”). The following Terms of Use (“Terms”) govern your use of SpiceTVStore.com. Read these terms carefully before you (“You”) accept these Terms by: (a) placing an order through SpiceTVStore.com or (b) otherwise using the SpiceTVStore.com website.
Additionally, SpiceTVStore.com may contain additional terms, codes of conduct or guidelines that govern the use of particular features or offers (for example, free trials, sweepstakes or chat areas). In the event that any of the Terms contained herein conflict with any additional terms contained in SpiceTVStore.com, then these Terms shall control. Your use of SpiceTVStore.com constitutes Your Agreement to the Terms and any additional terms.
The Terms are entered into by and between Right Ascension and You. Any reference herein to Right Ascension shall be deemed to refer to Right Ascension and/or SpiceTVStore.com, as applicable under the circumstances. The products offered for sale or rent and other on-line resources accessible via SpiceTVStore.com, are provided to You, subject to these Terms. Unless explicitly stated otherwise, the Terms will govern Your use of any new features that augment or enhance SpiceTVStore.com.
Right Ascension, and any third-party providers of content to SpiceTVStore.com, may make improvements and/or changes to SpiceTVStore.com including the products, programs, services and prices that are offered or described on SpiceTVStore.com, at any time, without prior notice. In addition, Right Ascension does not warrant that the products offered on SpiceTVStore.com are available to be shipped to all customers or that product descriptions or other content of SpiceTVStore.com is accurate, complete, reliable, current or error-free. If a product offered on SpiceTVStore.com is not as described, Your sole remedy is to return the product in unused condition.
You acknowledge that SpiceTVStore.com contains sexually oriented adult material intended for individuals 18 years of age or older and of legal age to view sexually explicit material as determined by the local and national laws of the region in which You reside. You agree not to enter SpiceTVStore.com if you are not 18 years of age or older, if sexually oriented adult material offends you, or if you are accessing SpiceTVStore.com from any community or country where adult material is specifically prohibited by law.
2. Modification to Terms of Use
Right Ascension reserves the right to update or modify these Terms, and any additional terms, codes of conduct or guidelines, without prior notice, and we will notify You of any material changes to these Terms by posting the new Terms here and changing the “Effective Date.” You are responsible for regularly reviewing these Terms and Your continued use of SpiceTVStore.com constitutes Your agreement as to all such updated or modified terms.
3. Intellectual Property Rights
SPICE, SPICE CLUB, SPICE ON DEMAND, SPICE LIVE, SPICE WITH LIPS LOGO, SPICE STORE, SPICETV, SPICE VIXEN, and CYBERSPICE are trademarks of Spice Entertainment, Inc., all pending or registered in the U.S. Patent and Trademark Office.
Any product, service, or trade name other than those owned by Spice Entertainment, Inc. that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that entity or individual. Third party service marks and trademarks used on SpiceTVStore.com are used with the permission of such entity or individual and all of their rights are reserved. Any unauthorized use of the Spice Entertainment, Inc. or any third party trademark is strictly prohibited.
Unless otherwise indicated, all information, images, text, messages, illustrations, graphics, logos, designs, icons, photographs, programs, data, software, music, sound, video, or other materials that are part of SpiceTVStore.com (collectively, the “Content”) are protected by copyrights, trademarks, service marks, publicity rights, or other proprietary rights and laws owned, controlled or licensed by Right Ascension or by third parties (the “Third Party Providers”) who have provided materials to Right Ascension, and these rights are valid and protected in all forms, media and technologies, existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Right Ascension owns a copyright in the selection, coordination, arrangement, and enhancement of such Content.
Except as set forth herein, none of the Content may be copied, reproduced, framed, modified, removed, sold, distributed, republished, downloaded, displayed, posted, transmitted, or otherwise exploited, in whole or in part, in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Right Ascension or the Third Party Provider. No part of SpiceTVStore.com may be reproduced or retransmitted in any way, or by any means, without the express written permission of Right Ascension. You also may not, without Right Ascension’s prior express written permission, “mirror” any of the Content contained on SpiceTVStore.com on any other server.
Right Ascension is committed to respecting others' intellectual property rights, and we ask our users to do the same. Right Ascension may, in its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others' intellectual property rights. If You believe that Your work has been copied in a way that constitutes copyright infringement on SpiceTVStore.com, please contact our copyright agent as described, below, in our Copyright Policy.
Nothing on SpiceTVStore.com shall be construed as conferring any license under any of Right Ascension’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.
Permission is granted to display, copy, distribute and download the Content for Your personal, non-commercial use only, provided You do not modify the materials and that You retain all copyright notices, trademark legends, and other proprietary rights notices contained in the materials. This permission terminates automatically if You breach any of these Terms. Upon termination, You must immediately destroy any downloaded and printed materials.
The Content on SpiceTVStore.com may be used only as a shopping or rental resource. The Content may not be redistributed to any minor, to any person who may find the Content personally offensive, or to any person who resides in any community or country where adult material is specifically prohibited by law. Any unauthorized use of any Content contained on SpiceTVStore.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Right Ascension has not independently authenticated content provided by Third Party Providers in whole or in part. Right Ascension does not provide, sell, license, rent or lease any of the Content other than those specifically identified as being provided by Right Ascension.
4. Your Conduct
You agree to use SpiceTVStore.com only for lawful purposes. You are prohibited from posting on or transmitting through SpiceTVStore.com any Content that violates or infringes anyone’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed by Right Ascension to be harmful or objectionable, or that intentionally or unintentionally violates any applicable local, state, national or international law, or any regulations having the force of law.
5. Comments, Communications and Other Content
All comments, communications, ideas, and other content disclosed, submitted or offered to Right Ascension on or by SpiceTVStore.com or otherwise disclosed, submitted or offered in connection with Your use of SpiceTVStore.com(collectively, the "Comments") shall be and remain Right Ascension’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Right Ascension of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Right Ascension will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Right Ascension is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by You to SpiceTVStore.com will violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by You to SpiceTVStore.com will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
6. Links
SpiceTVStore.com may provide, or third parties may provide, links to other Internet sites or resources. Because Right Ascension has no control over such sites and resources, You acknowledge and agree that Right Ascension is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Right Ascension will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
SpiceTVStore.com may be linked to other websites that are not under the control of and are not maintained by Right Ascension. Right Ascension is not responsible for the content of those sites. Right Ascension is providing these links to You only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Right Ascension of those sites.
7. Video on Demand
To be authorized to use Right Ascension’s Video on Demand System and to download a Video on Demand (“VOD”), you must abide by and be in good standing pursuant to these Terms and our Privacy Policy. You may not, nor may you attempt to decipher, reverse engineer, decompile, disassemble, modify or disable any copy protection, digital rights management or other use limitation systems associated with the VOD. You may not play and thereafter redigitize any VOD or upload that VOD to the Internet. You may not create any derivative works by altering any part of a VOD. Except as expressly stated by Right Ascension as an authorized use, no other uses are permitted.
In order to view a VOD for the Windows Media Player, you will need to acquire a license for that VOD (the “VOD License”). That process may be initiated by clicking on the “Your Account” link located at the top right-hand corner of any SpiceTVStore.com web page and by following the instructions listed therein.
The VOD License is nonexclusive, nonassignable, and nonsublicensable, and is limited solely to Your personal non-commercial use. By using Right Ascension’s Video on Demand System and purchasing a VOD, You agree not to reproduce, record, retransmit, distribute, disseminate, sell, rent, broadcast or otherwise circulate the VOD purchased by You to any third party. In addition, You agree not to exploit any VOD or any of the content contained therein for commercial purposes without the express prior written approval of Right Ascension.
Depending upon Your geographic location, the equipment that You are using to access SpiceTVStore.com, the bandwidth that is available to You, and other factors outside of Right Ascension’s control, You may not be able to access streaming and/or downloadable VOD.
8. Indemnification
You agree to indemnify and hold Right Ascension, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of SpiceTVStore.com.
9. Disclaimer of Warranties
YOUR USE OF SPICETVSTORE.COMIS AT YOUR SOLE RISK. SPICETVSTORE.COMIS PROVIDED BY RIGHT ASCENSION ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON SPICETVSTORE.COMIS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND IS FOR NONCOMMERCIAL USE ONLY. RIGHT ASCENSION DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. RIGHT ASCENSION MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON SPICETVSTORE.COM. RIGHT ASCENSION MAY MAKE AVAILABLE ON SPICETVSTORE.COMCONTENT AVAILABLE FOR STREAMING AND/OR DOWNLOADING THAT HAS BEEN SUBMITTED BY THIRD-PARTY USERS OF SPICETVSTORE.COM. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL RIGHT ASCENSION OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM SPICETVSTORE.COM.
RIGHT ASCENSION MAKES NO WARRANTY OR CONDITION THAT: (i) SPICETVSTORE.COMWILL MEET YOUR REQUIREMENTS, (ii) SPICETVSTORE.COMWILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SPICETVSTORE.COMWILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SPICETVSTORE.COMWILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY ERRORS IN SPICETVSTORE.COMSOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SPICETVSTORE.COMIS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RIGHT ASCENSION OR THROUGH OR FROM SPICETVSTORE.COMWILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE TERMS. RIGHT ASCENSION'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
10. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, RIGHT ASCENSION IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF RIGHT ASCENSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY TO USE SPICETVSTORE.COM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SPICETVSTORE.COM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SPICETVSTORE.COM; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM SPICETVSTORE.COM.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH SPICETVSTORE.COMAND WILL NOT MAKE A CLAIM AGAINST RIGHT ASCENSION FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE CONTENT.
YOU AGREE TO HOLD RIGHT ASCENSION HARMLESS FROM, AND YOU COVENANT NOT TO SUE RIGHT ASCENSION FOR, ANY CLAIMS BASED ON USING SPICETVSTORE.COM, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
11. Copyright Policy
In accordance with the Digital Millennium Copyright Act,* Right Ascension has adopted the following policy toward copyright infringements:
RIGHT ASCENSION WILL, IN APPROPRIATE CIRCUMSTANCES, BLOCK ACCESS TO AND/OR REMOVE ANY MATERIAL THAT IT BELIEVES IN GOOD FAITH TO BE COPYRIGHTED MATERIAL THAT HAS BEEN ILLEGALLY COPIED AND SUBMITTED TO THE SPICETVSTORE.COM WEBSITE.
If you believe that your work has been copied in a way that constitutes copyright infringement on the SpiceTVStore.com Website, please follow the following procedure:
Submit a Notice of Copyright Infringement to Right Ascension’s Copyright Agent that contains the following information:
- a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Website;
- your address, telephone number, and email address so that we can contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Send the Notice of Copyright Infringement to the following Designated
Copyright Infringement Agent for Right Ascension, Inc.:
Copyright Agent for Right Ascension, Inc.
125 First Ave.
Pittsburgh, PA 15222
Tel: (412) 391-8510
Fax: (412) 391-8522
E-Mail: rleonard@stonecipherlaw.com
*Digital Millennium Copyright Act can be viewed at
http://www.copyright.gov/legislation/dmca.pdf -- to view this file, simply download the
Adobe Acrobat Reader.
12. Privacy Policy
Right Ascension respects Your desire to keep Your personal information private. Right Ascension's Privacy Policy can be found at
http://www.spicetvstore.com/Exec/Cust_Service/v4_index.asp?site=73&tab=13. By using SpiceTVStore.com, You are consenting to the use and/or processing of Your data by Right Ascension and consenting to the terms of our Privacy Policy. If we decide to make any significant change to that policy, we will post the revised policy prominently on SpiceTVStore.com and change the Effective Date so that You are always aware of what we do with Your information. It is Your responsibility, however, to review the current Terms, including the Privacy Policy.
13. Site Security
You are prohibited from violating or attempting to violate the security of SpiceTVStore.com, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Spicetvstore.com, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Right Ascension will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of SpiceTVStore.com or any activity being conducted on SpiceTVStore.com. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search SpiceTVStore.com other than the search engine and search agents available from Right Ascension on SpiceTVStore.com and other than generally available third party web browsers (e.g., Firefox, Netscape Navigator, or Microsoft Explorer).
14. Termination of Use
Right Ascension, in its sole discretion, may terminate Your password, Your account, Your use of any of the on-line resources available on SpiceTVStore.com, and remove and discard any Content on SpiceTVStore.com, for any reason, including, without limitation, for lack of use or if Right Ascension believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Any termination of Your access to SpiceTVStore.com under any provision of the Terms may be effected without prior notice, and Right Ascension may immediately de-activate or delete Your account and all related information and files in Your account and/or bar any further access to such files or to Spicetvstore.com. Further, Right Ascension will not be liable to You or any third-party for any termination or suspension of Your Account or Your access to SpiceTVStore.com.
15. General Information
The Terms constitute the entire agreement between You and Right Ascension and govern Your use of SpiceTVStore.com, superseding any prior agreements between You and Right Ascension (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may apply when You use other Right Ascension services, third-party content or third-party software. You must not assign or otherwise transfer either the Terms or any right granted hereunder.
Any breach of the Terms will result in irreparable harm to Right Ascension for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Right Ascension will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Right Ascension seeks such an injunction.
Pennsylvania law and controlling U.S. federal law govern any action related to the Terms. No choice of law rules of any jurisdiction apply. You and Right Ascension agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Allegheny, Pennsylvania.
Right Ascension controls and operates SpiceTVStore.com from its headquarters in Allegheny County, Pennsylvania, United States of America, and makes no representation that this Content is appropriate or available for use in other locations. If You use SpiceTVStore.com from other locations, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from SpiceTVStore.com to either a foreign national or a foreign destination in violation of such laws.
The failure of Right Ascension to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. The section titles in the Terms are for convenience only and have no legal or contractual effect.
These Terms represent the entire understanding relating to the use of SpiceTVStore.com and prevail over any prior or contemporaneous, conflicting, or additional, communications. Right Ascension may assign these Terms to any of its affiliates or to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Right Ascension.
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16. Effective Date
The Terms and Conditions of Use is effective as of October 20, 2009.
