• Last updated: December 05, 2016

SPOSEA B.V. TERMS OF USE

By using SPOSEA B.V. website or any of the SPOSEA services contained therein (the "Services"), you agree to the following Terms of Use.

As used herein, the term "You" means you and the company or entity which you represent. You are entering into a binding and enforceable legal agreement with SPOSEA (and/or its owners and operators as set forth below). Please read these Terms of Use carefully before using SPOSEA websites and Services. If you do not agree to these Terms of Use, please do not visit the SPOSEA website or utilize any of the SPOSEA Services. These Terms of Use are subject to change by SPOSEA at any time with or without notice. For purposes of this Terms of Use, the term SPOSEA includes SPOSEA B.V., SPOSEA Software, Inc. and their respective affiliates.

  1. LICENSE TO SPOSEA WEBSITE AND SERVICES

    Subject to this Terms of Use, SPOSEA hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the SPOSEA websites and the Services solely as set forth in this Terms of Use. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with SPOSEA. In the event you are assigned a user login and password, you shall be exclusively responsible for the supervision, management, and control of your SPOSEA websites user login and password. You shall ensure that you properly exit the SPOSEA websites at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the SPOSEA websites is not transferable. You will use the SPOSEA website and the Services in accordance with all applicable laws. SPOSEA may, without notice, terminate your access to the SPOSEA website and the Services or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect SPOSEA’s networks, information and the security and integrity of the SPOSEA website.

  2. PROPRIETARY RIGHTS TO SPOSEA WEBSITES

    The content, organization, graphics, design, compilation, and other matters related to the SPOSEA website and Services are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. The term " SPOSEA," logos and others marks are either trademarks or registered trademarks of SPOSEA. The posting of information or materials on the SPOSEA website by SPOSEA does not constitute a waiver of any rights in such information and materials. SPOSEA exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included within the SPOSEA website and related to the SPOSEA website, and all modifications and derivative works thereof, and all intellectual property rights related thereto. You agree not to challenge, contest or otherwise impair SPOSEA’s ownership of the SPOSEA websites and the content therein or the validity or enforceability of SPOSEA's intellectual property rights related thereto. SPOSEA reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the SPOSEA website at any time without notice.

  3. ACCESS TO THE SPOSEA WEBSITES; INTERRUPTIONS TO SERVICE

    SPOSEA shall not be liable to you due to any inaccuracies or errors in the SPOSEA websites or Services or as a result of an interruption in service due to scheduled or unscheduled maintenance, bug fixes, repairs, server outages or similar interruptions to the SPOSEA websites or Services which may limit or prohibit your access to the SPOSEA websites or Services. In the event of such an occurrence, SPOSEA will use commercially reasonable efforts to correct the error and/or restore access to the SPOSEA websites and Services, but cannot guarantee that such access will be restored in a timely manner, if at all.

  4. INDEMNIFICATION

    You agree that to defend, indemnify, save and hold SPOSEA, its stockholders, officers, directors, employees, agents, attorneys, customers, successors, assigns, predecessors and affiliates and other related entities harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SPOSEA, its stockholders, officers, directors, employees, agents, attorneys, customers, successors, assigns, predecessors and affiliates and other related entities, that may arise or result from your use of the SPOSEA websites or Services.

  5. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY

    THE SPOSEA WEBSITES AND SERVICES ARE PROVIDED BY SPOSEA "AS IS" AND "WITH ALL FAULTS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL SPOSEA AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SPOSEA WEBSITEs AND THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SPOSEA AND/OR ITS OWNERS, OPERATORS, EMPLOYEES, CONSULTANTS AND OTHER AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, COSTS, DAMAGE OF EXPENSE (INCLUDING REASONABLE ATTORNEY'S FEES) INCURRED BY YOU AS A RESULT OF ANY SERVICES PROVIDED BY SPOSEA AND/OR ITS AFFILIATES INCLUDING, WITHOUT LIMITATION, ANY TECHNICAL MALFUNCTION, COMPUTER ERROR, LOSS OF DATA, DELAY IN OPERATION, COMPUTER VIRUSES, COMMUNICATION LINE FAILURE, DESTRUCTION OR UNAUTHORIZED USE OR ACCESS TO ANY WEBSITES OR RECORDS, OR OTHER INJURY, DAMAGE OR DISRUPTION. SPOSEA MAKES NO REPRESENTATIONS THAT THE OPERATION OF THE SPOSEA WEBSITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. YOU FURTHER AGREE THAT YOU WILL NOT HOLD SPOSEA AND/OR ITS AFFILIATES RESPONSIBLE FOR ANY ACTS, ERRORS, OR OMISSIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SPOSEA WEBSITE OR SERVICES.

  6. GENERAL

    These Terms of Use shall be governed by and construed in accordance with the substantive laws of the State of California and jurisdiction and venue of all matters relating to this agreement shall be vested exclusively in San Diego County, State of California, and you agree to the jurisdiction of such courts. No waiver, modification or addition to these Terms of Use shall be valid. These Terms of Use constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior and contemporaneous agreements and understandings. You have relied upon no representations, oral or otherwise, not contained within these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of this policy. In receiving any dispute or construing any provision in the policy, there shall be no presumptions made or inferences drawn because one of the parties drafted the Terms of Use, from the titles of the sections of this policy which are for convenience only. A waiver by SPOSEA of any term or condition of these Terms of Use in any instance will not be deemed or construed as a waiver of such term or condition for the future or any subsequent breach thereof. The parties are independent contractors and no employment, agency, partnership or joint venture is created hereunder. No party shall have the right to act as the agent for or to bind the other. These Terms of Use are not for the benefit of any third party, and shall not be considered to grant any right or remedy to any third party whether or not referred to in this policy. SPOSEA reserves the right to change this policy by posting such changes. Your continued use of the SPOSEA websites and Services following such changes shall be deemed an assent to such changes.

  7. OWNERSHIP AND NOTICE

    The SPOSEA websites and Services are owned by SPOSEA B.V. To direct any questions concerning these Terms of Use, please send an email to info@sposea.com.

    BrightPrice, BrightPrice Manager, BrightPrice DealManager, BrightPrice MarketDynamics and the SPOSEA logo are trademarks of SPOSEA B. V. All other brand and product names are trademarks, registered trademarks or service marks of their respective holders.

    All contents of this website are© Copyright 2014-2017, SPOSEA B.V., High Tech Campus 9, 5656 AE Eindhoven, The Netherlands. All rights reserved.