Terms, Conditions and Policies
Thank you very much for visiting SPX Media. We hate to subject our visitors to yet another Terms, Conditions and Policies page as it is unfriendly and reeks of legalese, but our lawyer says we gotta do it. Please read it multiple times if necessary.
Thank you for visiting our website. If you want to use SPX Media's website, you agree that you will be legally bound by our Terms, Conditions and Policies on this page. If you don't like our Terms, Conditions and Policies, or if you disagree with anything on this page, then do not visit this site.
We do not provide advice, sell or otherwise provide services or products to children. If you are under 18 years of age, you are required to obtain specific permission to visit this site from your parent(s) or legal guardian, and you may not provide us or any other visitor to this site with any of your personal information.
REAL NAME POLICY
If applicable, all User accounts, as allowed on this website, must contain real names. No other accounts are approved.
Accounts like "Anon Y. Mouse" or similar are not approved. We also do not approve usernames such as "Acme Supermarket" or other non-personal proper names.
SPX Media is a community and as such we expect our members to be responsible for the words and actions. Therefore we will not approve accounts for those who do not wish to make their identities public.
You are required to do your own due diligence and check with your accountant, lawyer, or professional advisor, before using or acting on any information in this site, and you agree that nothing on this site constitutes legal advice. You also agree that we have no responsibility for any damages, losses or inconvenience as a result of your use of any and all information or derivative information such as links or advertisements or opportunities or visitor opinions, and that we are not responsible for any damages, losses or inconvenience as a result of your use of information disclosed by the owner of this site.
Our ANTI-SPAM POLICY is part of SPX Media, and is contained herein.
Our COMPENSATION DISCLOSURE POLICY is also part of SPX Media, and is contained herein.
MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995.
FORWARD-LOOKING STATEMENTS ARE JUST THAT - THEY PRESENT OPINIONS OF THE FUTURE, SUCH AS WHEN THEY FORECAST FUTURE EVENTS OR INDICATE OUR EXPECTATIONS. THESE STATEMENTS DO NOT NECESSARILY PORTRAY OR RELATE STRICTLY TO CURRENT FACTS OR HISTORICAL OR FUTURE EVENTS. THESE OPINIONS OF THE FUTURE USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN REGARD TO ANY SUBJECT ON THIS SITE.
THERE IS MORE: NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY MATERIALS ON THE WEBSITE ARE INTENDED TO EXPRESS OUR OPINION. THERE ARE NO GUARANTEES, EITHER EXPRESSED OR IMPLIED, THAT YOU WILL BE SUCCESSFUL IN APPLYING ANY OF OUR INFORMATION, OPINIONS, PRODUCTS OR RECOMMENDATIONS, OR THAT YOU WILL BE SUCCESSFUL IN ACHIEVING RESULTS THAT YOU WOULD BE HAPPY WITH, OR SIMILAR TO OURS OR OTHERS.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.
This website including all text, HTML, scripts, and images are copyrighted and owned by SPX Media. All rights reserved.
NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.
This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider ("ISP").
The owner of this website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counter notice to the website owner and/or the ISP.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Please send DMCA notifications of claimed copyright infringement to:
SPX Media, Attention: Copyright Manager, 14525 SW Millikan Way #32710, Beaverton, Oregon 97005 USA
THE INTERNET SERVICE PROVIDER ("ISP")
11251 Northwest Freeway, Suite 400
Houston, Texas 77092
To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys' fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)
- Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law."
- The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT
If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter notification with the website owner and/or the ISP. If website owner and/or the ISP receive a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.
The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter notification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.
Please be advised that United States copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
We will never send spam mail to anyone. We hate unsolicited spam/commercial email, we don't like it coming to us, and we won't do it to you. We support, endorse and comply with the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other anti-spam laws.
We will never send you emails unless you give us permission first. While we think you won't need to, if you wish to unsubscribe to any of our electronic newsletters or other communications you will always have an option to do so. If you have additional questions, comments or concerns, please contact us by sending an e-mail on our Contact page located in the footer of this site.
EXTERNAL LINKS POLICY
This site links to other sites containing information, products and services websites and other information. We do not control these sites as they are created and maintained by other individuals and organizations. We do not control or guarantee ANYTHING posted on these linked websites, and you are hereby informed that these external sites may track your online viewing behavior.
We permit links to our website if they do not imply an endorsement by, or affiliation with, our website.
We search for and fix broken or out-of-date links, and may insert or delete them at our discretion.
If you see a problem with a link on this site, please contact us via the Contact link in the footer below.
SPX Media may contain videos, audio recordings, graphics and photographs (individually and collective hereinafter referred to as the "Recordings"). This document describes our respective rights and responsibilities with regard to the Recordings.
You agree you will not view, watch or listen to any recordings on this site unless you agree completeley with all Terms, Conditions and Policies of this site.
Unless otherwise expressly stated by us, Recordings embedded on our website do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the Recordings, the views expressed in the Recordings, or the products or services mentioned in the Recordings.
Unless otherwise expressly noted, you should assume that if we specifically endorse or recommend products or services in Recordings created by us, that such endorsement or recommendation is pursuant to a "Material Connection" as such term is explained in this website’s Compensation Disclosure.
UPLOADING OF CONTENT
Before you read our content or upload a film, video, audio, screenplay, music or submit comments, please understand the following:
We respect the trust you have shown by agreeing to share your work with SPX Media and its Partners and its users. We will take care not to betray or exploit that trust.
We also agree that unless you grant SPX Media assignment of specific rights embodied within a separate written Contract document executed by you and a legal representative of SPX Media, any rights you give us as a result of your submittal(s) are non-exclusive; we will not interfere with your efforts to find an audience for your work elsewhere.
That said, by submitting your work, you agree to allow us to exhibit it on the SPX Media website in whatever way we see fit.
If you feel SPX Media has treated you unfairly, and we can’t solve the differences between us, you may choose to remove your work from the siteÃ¢â¬â¢but you agree to take no further action against us, including legal claims.
RECORDINGS ARE FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY
All Recordings are to be watched and/or listened to for informational and entertainment purposes only. Recordings are not intended to provide ANY specific legal, financial, tax, physical or mental health advice, or any other advice whatsoever to you, any other individual or company, and should not be relied upon in that regard. Any products or services described in the Recordings are only offered in jurisdictions where they may be legally offered. Information provided in Recordings is not all-inclusive, is limited to information that is made available, and such information should not be relied upon as all-inclusive or accurate.
EMBEDDED RECORDINGS FROM EXTERNAL SOCIAL MEDIA SITES NOT OWNED BY US
Some of the Recordings embedded for your viewing and listening pleasure are hosted on social media websites not owned by us. This may include, but is not limited to, sites such as YouTube.com, Google Video, and others (individually and collectively, the "Third Party Social Media Sites").
We make no claim to the intellectual property rights of the owners of Third Party Social Media Sites.
We also make no claim to the intellectual property rights of third party creators of Recordings hosted on Third Party Social Media Sites. Our embedding of such Recordings on this website is done pursuant to applicable licenses to do so granted by the Third Party Social Media Sites.
Embedding Recordings on this website does not create an association, agency, joint venture, or partnership between us and the owners of the Third Party Social Media Sites or impose any liability attributable to such a relationship upon either party.
Recordings are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that Third Party Social Media Sites may track your viewing and listening habits.
If Recordings embedded on this website were created by us but are hosted on Third Party Social Media Sites, we retain all intellectual property rights for such Recordings except to the extent we granted a license to Third Party Social Media Sites to the Recordings. The hosting of these Recordings by Third Party Social Media Sites does not grant you any rights to such Recordings except to the extent provided under the applicable licenses those sites grant to viewers and listeners of Recordings they host on their websites.
EMBEDDED RECORDINGS OWNED BY US AND HOSTED ON OUR SERVERS OR THIRD PARTY SERVERS EXCLUDING THIRD PARTY SOCIAL MEDIA SITES
Some of the Recordings embedded for your viewing and listening pleasure may be created by us and hosted on our servers or third party servers. This may include, but is not limited to cloud hosting services from Amazon.com or others but excludes the Third Party Social Media Sites described above.
We own the copyrights and all other intellectual property rights for these Recordings unless otherwise expressly noted. We make no claim to the intellectual property rights of the owners of third party servers who by contractual agreement are hosting our Recordings for us.
Hosting our Recordings on third party servers does not create an association, agency, joint venture, or partnership between us and the owners of those servers, or impose any liability attributable to such a relationship upon either party.
Recordings only provided for your convenience. We do not guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that we and/or the owners of third party servers hosting the Recordings may track your viewing and/or listening habits.
PERSONAL NON-EXCLUSIVE REVOCABLE NONTRANSFERABLE LICENSE
When you watch or listen to the Recordings on this website, you understand and agree that you are doing so pursuant to a personal non-exclusive revocable nontransferable license from us to do so.
The Recordings remain the sole and exclusive property of their respective owners, which retain all rights thereto. You understand and agree that the Recordings may not be resold by you or otherwise distributed with or without consideration. You will not make the Recordings available to any third party. You may not reproduce or summarize any of the Recordings in any manner.
You agree to destroy any of the Recordings cached on your computer or otherwise in your possession within 24 hours of watching or listening to said Recordings. Notwithstanding this provision, you agree to immediately destroy any Recordings in your possession upon material violation of the Terms, Conditions and Policies governing this website, or upon request by us that you do so.
BROKEN OR OBSOLETE RECORDINGS
We review our website periodically for broken or out-of-date Recordings. Any and all Recordings may be posted, altered, or removed at any time.
You may not consider the content of any of the Recordings to be the equivalent of professional advice. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, physical and mental health professionals as applicable before acting on any information in the Recordings.
We assume no responsibility for any losses or damages resulting from your use of any of the information contained in the Recordings.
YOU SHOULD ALWAYS CONDUCT YOUR OWN INVESTIGATION (PERFORM DUE DILIGENCE) BEFORE BUYING PRODUCTS OR SERVICES FROM ANYONE VIA THE INTERNET. THIS INCLUDES PRODUCTS AND SERVICES REFERRED TO DIRECTLY OR INDIRECTLY IN THE RECORDINGS.
CHANGES AND NOTICE
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail via the Contact link located below on the footer.
INDEMNIFICATION AND OFFENSIVE CONTENT
You agree that you will indemnify, defend and hold us, our affiliates and all other business partners and associates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of our website or your violation of these Terms, Conditions and Policies.
You also agree that we are not responsible for any obscene or offensive content that you receive or view on this website. However, if you see offensive material on this site, you can help us by informing us of the problem by email via the Contact link located in the footer of this page, and we will deal with it as appropriate.
Unless otherwise expressly stated, you should assume that all references to products and services on SPX Media are made because material connections exist between the website’s owner (“Owner) and the providers of the mentioned products and services (“Provider”).
GOOD FAITH RECOMMENDATIONS
The Owner recommends products and services on SPX Media based in part on a good faith belief that the purchase of such products or services will help purchasers in general. The Owner has this good faith belief because (a) the Owner has tried the product or service mentioned prior to recommending it or (b) the Owner has researched the reputation of the Provider and has made the decision to recommend the Provider’s products or services based on the Provider’s history of providing these or other products or services. The representations made by the Owner about products and services reflect the Owner’s honest opinion based upon the facts known to the Owner at the time a product or service is mentioned on SPX Media.
POTENTIAL BIAS AND DUE DILIGENCE
The Owner’s opinion about a product or service may be partially formed (consciously or subconsciously) in part based on the fact that the Owner has been compensated or will be compensated because of the Owner’s business relationships with the Providers.
In some instances, the Owner and a Provider will have a business or personal relationship that does not involve the Owner receiving compensation related to products and services mentioned on SPX Media. However, the nature of the relationship is sufficient to establish a material connection between the Owner and the Provider.
Because there is a material connection between the Owner and Providers of products or services mentioned on SPX Media, you should always assume that the Owner may be biased because of the Owner’s relationship with a Provider and/or because the Owner has received or will receive something of value from a Provider.
Perform your own due diligence before purchasing a product or service mentioned on SPX Media (or any other website).
The type of compensation received by the Owner may vary. In some instances, the Owner may receive complimentary products, services, or money from a Provider prior to mentioning the Provider’s products or services on SPX Media.
In other instances, the Owner may receive a monetary commission or non-monetary compensation when you take action based on the content of SPX Media. This includes, but is not limited to, when you purchase a product or service from a Provider after clicking on an affiliate link on SPX Media.
YOU SHOULD ALWAYS CONDUCT YOUR OWN INVESTIGATION (PERFORM DUE DILIGENCE) BEFORE BUYING PRODUCTS OR SERVICES FROM ANYONE VIA THE INTERNET. THIS INCLUDES PRODUCTS AND SERVICES SOLD ON THIS WEBSITE AND ALL OTHER WEBSITES.
EARNINGS DISCLAIMERS AND THIS POLICY
If SPX Media has Earnings Disclaimers, this Compensation Disclosure Policy is incorporated into those disclaimers by reference.
HEALTH DISCLAIMERS AND THIS POLICY
If SPX Media has Health Disclaimers, this Compensation Disclosure Policy is incorporated into those disclaimers by reference.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to abide by all laws that apply to use of our website.
You also agree that the laws of Oregon govern these Terms, Conditions and Policies of use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Jackson County, Oregon, USA. You agree that each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The information on this site is provided on an ''as is,'' ''as available'' basis.
You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these Terms, Conditions and Policies of use.
SEVERABILITY OF THESE TERMS, CONDITIONS AND POLICIES
If any part of these Terms, Conditions and Policies of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these Terms, Conditions and Policies are fully enforceable and legally binding.
You agree to the Terms, Conditions and Policies incorporated herein, and you agree that they govern your use, behavior, and legal expectations in regard to your use of our website.
This page was last updated on April 16, 2012.