TERMS OF SERVICE AGREEMENT
ACCEPTANCE OF THESE TERMS
These terms of use are entered into by and between You and Belca Resources (“Company”,” we”, or ”us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.spintask.com including any content, functionality and services offered on or through www.spintask.com (the “Platform”). Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform. This Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity, its directors, officers, employees, and agents.
MODIFICATIONS
Belca Resources reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Belca Resources will notify you of changes by posting on the Belca Resources Terms of Use website, sending you a message, and/or otherwise notifying you when you are logged into your account. Modifications will become effective thirty (30) days after the earliest of: (a) modifications being posted on the Platform; (b) Belca Resources’ transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.
DISCLAIMER OF WARRANTIES
While we try to offer reliable data, we cannot promise that the information will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
LIMITATION OF LIABILITIES
WHEN PERMITTED BY LAW, BELCA RESOURCES WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
IN NO EVENT WILL BELCA RESOURCES AND ITS TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNITY
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Services or your breach of any law or the rights of a third party.
GENERAL
Severability
If any provision of this Agreement is found invalid or unenforceable, such provision shall be severed from this Agreement without invalidating the remainder of the Agreement, and the Agreement shall be interpreted so as to give effect, to the extent possible, to the original intent of the Agreement including the offending provision.
Assignability
This Agreement is personal to you and your rights and obligations under this Agreement may not be assigned, sub-licensed or otherwise transferred. We may assign this Agreement to a third party.
No third-party beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to the Terms.
Governing law
This Agreement shall be governed and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein.
The parties irrevocably attorn to the jurisdiction of the courts of British Columbia, which shall have the exclusive jurisdiction to settle any dispute arising in connection with this Agreement.
Notwithstanding the above, for our exclusive benefit, we retain the right to bring proceedings in connection with this Agreement in the courts of the country of your residence or, if applicable, your principal place of business.
Non-Waiver
Our delay or omission in requiring performance of your obligations under this Agreement shall not operate as a waiver of any of our rights under this Agreement.
Amendments
We may amend this Agreement or the included Policies from time to time. When we do so, we will put a notice on our websites. All amendments shall become effective within 30 days of such notice.
Entire Agreement
This Agreement, including the incorporated Policies, sets forth the entire understanding and agreement between you and us with respect to the subject matter of this Agreement.
LEGAL DISPUTES
British Columbia law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Belca Resources (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE PROVINCIAL AND FEDERAL COURTS LOCATED WITHIN GREATER VANCOUVER AREA, BC.
