These Terms are a contract between you, the User, and Leaf Stack Studio (“we”, “our” or “us”), being the operator(s) and owner(s) of Spck Editor (“App”, “Application”) and spck.io (“Website”, “Site”).
VIOLATION OF ANY OF THE TERMS OF SERVICE BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SERVICE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. We reserve the right to refuse service to anyone for any reason at any time.
The following defined terms apply in this agreement:
Content: means the user’s generated digital material which is stored on the user’s computer which can be accessed through the Site or our Services, including but not limited to any and all content, code, features, comments, graphics, fonts or text you may store on the Site.
Feedback: means the feedback provided by Users as “Feedback” is defined later in these Terms.
Services: the services provided by to you through our Site including any software applications and mobile applications.
Site: means spck.io which includes other domains from time to time which direct to spck.io via DNS aliases.
Terms: means the terms and conditions set out in this document.
User: means the person who uses or access the Services and/or Site including but limited to browsing the Site, editing or creating Content using the Site or Services, or other means of interaction with the Site, our Services or Content.
Any other defined terms (introduced as such by quotation marks in parentheses) which appear in these Terms will take the meaning ascribed to them.
You agree and accept that your use of the Service is entirely at your own risk.
These Terms will apply for as long as you use the Site and/or the Services. Any part of these Terms that by necessity or implication are to continue after your use of the Site or the Services ends shall continue in force.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not use our Services. Any person who uses or provides their personal information to our Services represents that they are 13 years of age or older.
Short version: User Accounts and Organizations have different administrative controls; a human must create your Account; you must be 13 or over; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
3.1. Account Controls
Users: Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
3.2. Account Requirements
We have a few simple rules for User Accounts on our Services.
3.3. User Responsibilities
As a condition to your use of the Site and/or Services, you agree to:
As a condition to your use of the Site and/or Services, you agree not to:
3.4. User Account Security
You are responsible for keeping your Account secure while you use our Service.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Leaf Stack Studio, its users and the public.
If you believe that material located on or linked to by us violates your copyright, please notify us at [email protected]. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the website; (2) identify the material on the website that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the website is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.
Upon receipt of notice as described above, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the website.
Spck.io, the Spck.io logo, and all other trademarks, service marks, graphics and logos used in connection with Spck.io, our Site, and/or Services, are trademarks or registered trademarks of Leaf Stack Studio Inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Spck.io or third-party trademarks.
You must comply with all applicable laws when using our Site or Services. Except as may be expressly permitted by applicable law, or as we may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services or compile or collect any Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Content; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Content for any purpose except for your own personal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Content; or (viii) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services.
All right, title, and interest in and to the Services (excluding Content provided by you), are and will remain the exclusive property of us. The Services are protected by copyright, trademark, by Canadian law. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to us or its third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services.
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Site or Services (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Site or Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
You understand, agree and accept that your use of the Services is at your own discretion and risk and that you will be solely responsible for loss of data resulting from your use of, or inability to use our Services and/or Content.
You understand, agree and accept that Leaf Stack Studio Inc., its affiliates, agents, directors, employees, contractors, suppliers, and licensors will not be liable under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any direct, indirect, incidental, punitive, special, consequential, or exemplary damages, including but not limited to damages for loss of business, loss of profits, depletion of goodwill and/or similar losses, loss or corruption of data or information, or pure economic loss, or other intangible and/or tangible losses (even if we have been advised of the possibility of these damages), however arising under these Terms;
(ii) the cost of procurement for substitute products or services;
(iii) interruption of use or loss or corruption of data; and/or
(iv) any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site, Content, Services, or your Account or the information contained therein.
To the maximum extent permitted by applicable laws, Leaf Stack Studio Inc., its affiliates, agents, directors, employees, contractors, suppliers, and licensors assumes no liability or responsibility for:
(i) any errors, mistakes, or inaccuracies of content;
(ii) any personal or property damage, of any nature whatsoever resulting from your access to or use of our Site, Content, and/or Services;
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
(iv) any interruption or cessation of transmission to or from the Site, Content, or Services;
(v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site, Services by any Third Party; and/or
(vi) any errors or omissions in any Content or for any loss, damage incurred as a result of the use of any Content, posted, emailed, transmitted or otherwise made available through our Site or Services.
Under no circumstances will the total liability of us, our suppliers, and our licensors of all kinds arising out of or related to your use of the Site, Content, and the Services (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, that you have paid to us for your use of the Site, Content, and the Services in the twelve month period immediately preceding the event of giving rise to such claim or action. In addition, if you are a California resident, you waive California Civil Code §1542.
Leaf Stack Studio Inc., its affiliates, agents, directors, employees, suppliers, and licensors shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
You agree to indemnify and hold us, our agents, employees, officers, directors, suppliers, contractors and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, and representatives harmless against any and all claims, costs, damages, liability, and expenses, including attorneys’ fees, arising out of your use of our Services, Content, Site including but not limited to your violation of this Agreement.
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Except as expressly provided in these Terms, the rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
We may update the Terms from time to time without notice. If we make changes that are material, we will let you know by posting on our Site, or by sending you an email, or other communication through our Site and/or Services after the changes take effect. If you disagree with our changes, then you should stop using our Services after the changes take effect. We are entitled to treat your continued access to or use of the Services as confirmation that you agree to the changes. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that we have no obligation to pre-screen or monitor your access to or use of the Site or any information, materials or other content provided or made available through the Site, but has the right to do so. You hereby agree that we may, in the exercise of our sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
We, in its sole discretion, have the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case we may refuse to provide you any current or future use of the Site, or any other Service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from us once your account is terminated; however we may for a time retain residual information in our backup and/or archival copies of our database.
By submitting, posting or displaying Content on the Site and/or the Services, you grant us and other users of the Services a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for us and other users of the Services to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Additionally, by uploading Content to the Site, you warrant, represent and agree that you have the right to grant us the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it, © infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people’s private or personally identifiable information without their express authorization and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. We reserve the right in its discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your Content in accordance with these Terms of Service.
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. WE D NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. WE DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. WE DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
The Site, Content, and Services are controlled and operated from our office in Canada. We makes no representations that the Site or Services are appropriate or available for use in other locations. Those who access or use the Site, Content, or Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Canadian and local laws and regulations, including but not limited to export and import regulations. You may not use the Site, Content, or Services if you are a resident of a country embargoed by Canada, or are a foreign person or entity blocked or denied by the Canadian government.
If you have any questions or concerns about our Site, Content, Services or these Terms, you may contact us by email at [email protected].
Last Updated: December 5, 2021