Terms

Updated on July 26, 2016

Spellbound Development Group, Inc. (“SDG” or “we”) provides its content on spellboundinc.com (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms, so please check back periodically.

By accessing and using this Site, you agree to these Terms. For an explanation of SDG’s practices and policies related to the collection, use, and storage of our users’ information, please read our privacy policy.

I. Copyrights and Trademarks

All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of SDG or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved. This website may depict and or use trademarks and or logos owned by other entities and the use of them does not represent endorsement of Spellbound, its services, or products by the trademark or IP owner.

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of SDG and its licensors. You agree that you will not refer to or attribute any information to SDG or its licensors in any public medium (e.g., press release, websites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, SDG or its licensors.

If you believe that your work has been copied by SDG in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • 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 the site;
  • your address, telephone number, and e-mail address;
  • 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 above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send an email clientexperience@spellboundinc.com or send us a notice of claims of copyright infringement to:

Spellbound Development Group, Inc. IP Department
P.O. Box 1639
Newport Beach, CA 92659

II. Use of site content

SDG hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the “Site Content”) on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without SDG’s prior written consent.

III. User postings

You acknowledge and agree that SDG shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against SDG for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with SDG’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that

  1. are threatening, libelous, defamatory, or obscene;
  2. would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law;
  3. infringe the intellectual property, privacy, or other rights of any third parties;
  4. contain a computer virus or other destructive digital code or element;
  5. contain advertising or promotional messaging; or
  6. constitute or contain false or misleading statements.
  7. SDG does not and cannot review all information posted to the Site by users and is not responsible for such information. However, SDG reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

IV. Notices of infringement and takedown by SDG

SDG prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please contact SDG via written correspondence and send it to the address shown below, giving a written statement that contains:

  1. identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
  2. identification of the allegedly infringing material on the Site that is requested to be removed;
  3. your name, address, and daytime telephone number, and an e-mail address if available;
  4. a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;
  5. a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
  6. the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.
  7. SDG will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. SDG’s contact for submission of notices under this Section 4 is: IP Department, Spellbound Development Group, Inc., P.O. Box 1639, Newport Beach, CA 92659.

V. Intellectual Property

Spellbound Development Group, Inc. products are protected by patents in the United States, Canada and in other countries. Our Virtual Product Patent Marking page is provided as information on active patents and intellectual property held by Spellbound Development Group, Inc. in accordance with Section 16 of the America Invents Act. This page may be referenced on products designed by and manufactured by and for Spellbound Development Group, Inc. for the purpose of providing current and up to date information on patents assigned to each product.

VI. Disclaimers

SDG DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SDG CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SDG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SDG DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SDG SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SDG FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

SDG reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

VII. Third-party websites

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SDG’s control, and SDG is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

VIII. Limitation of Liability

Except where prohibited by law, in no event will SDG be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if SDG has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, SDG is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, SDG’s liability shall in no event exceed the greater of US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

IX. Indemnity

You agree to indemnify and hold SDG, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SDG by any third party due to or arising out of or in connection with your use of the Site.

X. Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. SDG shall be free to use such information on an unrestricted basis.

XI. Governing Law; Jurisdiction

These Terms are governed by the laws of the State of California without reference to the principles of conflicts of laws thereof.