Terms & Conditions

This agreement applies as between you, the User of this Web Site and Matt Spolnik, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Service” means collectively any online facilities, tools, services or information that Matt Spolnik makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that Matt Spolnik makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Matt Spolnik and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.mattspolnik.com).

General
Matt Spolnik grants you a non-exclusive, non-transferable, limited permission to access and display the Web pages within this site as a customer or potential customer of Matt Spolnik provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Web site as permitted by this Web site’s robots.txt protocol, and Matt Spolnik may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Web site.) All other use of this site is prohibited.

Except for the limited permission in the preceding paragraph, Matt Spolnik does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Matt Spolnik, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.

You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Matt Spolnik.

Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Matt Spolnik or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.mattspolnik.com without prior permission.

Privacy
For the purposes of applicable data protection legislation, Matt Spolnik will process any personal data you have provided to it in accordance Privacy Policy available on the Matt Spolnik website or on request from Matt Spolnik.

You agree that, if you have provided Matt Spolnik with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Matt Spolnik and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Matt Spolnik’s website or otherwise provided a copy of it to the third party. You agree to indemnify Matt Spolnik in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

Rules of conduct
Your use of www.mattspolnik.com is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage Matt Spolnik Websites is a violation of criminal and civil laws. Matt Spolnik reserves the right to seek damages from any such person to the fullest extent permitted by law.

You agree not to post or transmit through Matt Spolnik Websites any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law.

You may not impersonate another user, use another user’s Matt Spolnikid, permit someone else to use your Matt Spolnikid, attempt to capture or guess other users’ passwords, forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content you transmit, conduct fraudulent business operations or practices, or promote or conceal unlawful conduct.

You may not engage in any activity on Matt Spolnik Websites which restrict or inhibit any other user from using or enjoying Matt Spolnik Websites by “hacking,” “cracking,” “spoofing,” or defacing any portions of Matt Spolnik Websites. You may not use Matt Spolnik Websites to stalk or harass another person or entity.

You may not post or transmit through Matt Spolnik Websites advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with Matt Spolnik and/or Matt Spolnik Websites; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of Matt Spolnik Websites or contents. You may not harvest or collect information about website visitors without their express written consent.

Confidential information
Matt Spolnik does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Matt Spolnik will be deemed NOT to be confidential. By sending Matt Spolnik any information or material, you grant Matt Spolnik an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Matt Spolnik is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Matt Spolnik for the purpose of receiving products or services will be handled in accordance with our privacy policy.

Global availability
Information Matt Spolnik publishes on the Internet may contain references or cross references to Matt Spolnik products, programs and services that are not announced or available in your country. Such references do not imply that Matt Spolnik intends to announce or make available such products, programs, or services in your country. Please consult your local Matt Spolnik business contact for information regarding the products, programs, and services that may be available to you.

Business relationships
This Web site may provide links or references to non-Matt Spolnik Web sites and resources. Matt Spolnik makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Matt Spolnik Web sites or third-party resources that may be referenced, accessible from, or linked to any Matt Spolnik site. In addition, Matt Spolnik is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Matt Spolnik site. When you access a non-Matt Spolnik Web site, even one that may contain the Matt Spolnik-logo, please understand that it is independent from Matt Spolnik, and that Matt Spolnik does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.

Disclaimers
Matt Spolnik makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

Matt Spolnik accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability
To the maximum extent permitted by law, Matt Spolnik accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

Nothing in these terms and conditions excludes or restricts Matt Spolnik’s liability for death or personal injury resulting from any negligence or fraud on the part of Matt Spolnik.

Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to home@mattspolnik.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

Law and Jurisdiction
These terms and conditions and the relationship between you and Matt Spolnik shall be governed by and construed in accordance with the Law of California and Matt Spolnik and you agree to submit to the exclusive jurisdiction of the Courts of Fresno.