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Terms and Conditions

PLEASE READ. YOUR USE OF THIS SITE IS SUBJECT TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.

WELCOME

This site is owned and operated by or for SPE Networks - Asia Pte. Ltd. ("SPENA"), which is a Sony Pictures Entertainment company. These terms of service (these "Terms of Service" or "TOS") apply to and govern your use, and any use by another person of your User Account, as well as your use of this Site and the Services (as hereinafter defined). Your use of the Site and/or the Services signifies your agreement to be bound by these Terms of Service and the SPENA Privacy Policy (the "Privacy Policy"), which is hereby incorporated by reference. If you do not agree to be bound by these Terms of Service and/or the Privacy Policy, you may not access or otherwise use the Site.

For purposes of these TOS, the following defined terms shall have these meanings: (A) "Services(s)" shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as software or wireless devices; (B) "Site" shall mean this site; (C) "Site Content" shall mean any and all human readable patent audio and/or visual elements of the Site, created or owned by SPENA, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works), designs, logos, information, and other content made available through the Site; (D) "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; (E) "User Account" means any account created by you, through a registration process for the purpose of accessing or using certain Services.

If there are terms of service listed on any website in addition to these Terms of Service, these Terms of Service alone shall govern your relationship with SPENA.

LICENSE TO USE THE SITE

SPENA grants you a revocable, non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and Site Content as described herein for your personal use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these TOS. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these TOS and will constitute a copyright violation. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS or by law.

CHANGES TO SITE AND/OR TERMS OF SERVICE

SPENA reserves the right, at its sole discretion, to change, modify, add or remove or disable access to any portion of the Site, the Site Content, these TOS and/or the Privacy Policy, in whole or in part, at any time, without prior notice to you. Changes to these TOS and Privacy Policy will be effective when posted. You agree to review these TOS and Privacy Policy periodically to become aware of any changes. Your use of the Site after any changes to these TOS and/or the Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse shall be to cease using the Site. In addition to these TOS and the Privacy Policy, if you request for certain services which SPENA or its service providers may offer to you from time to time, your use of such requested service may be subject to additional terms and conditions (including those of the service providers we work with) and you may be required to indicate your acceptance of such additional terms and conditions before using any such service.

CHANGES IN SITE OWNERSHIP

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable SPENA database, to the extent SPENA assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or substantially all of SPENA's assets, or in connection with a merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by these Terms of Service and Privacy Policy of the Site's subsequent owner or operator.

OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY

The Site, Site Content (other than Submissions), Site Code and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein are proprietary to SPENA and are owned by SPENA and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by SPENA, you will not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorized Use").

Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of SPENA and/or its licensors and content providers and constitutes a violation of these TOS. Any violation of copyright laws may be subject to severe civil and criminal penalties.

SOFTWARE

From time to time, and at its sole discretion, SPENA may make available to users certain software that may be accessible or downloaded from this Site. In the event that you access or download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by SPENA or a SPENA-approved third party software provider ("Third Party Provider"). SPENA does not transfer title to the Software to you. You own the medium on which the Software is recorded, but SPENA and/or the Third Party Provider retain full and complete title to their respective Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Furthermore, your use of any Software of a Third Party Provider shall be subject to the terms and conditions set forth by such Third Party Provider and any applicable license agreement for its Software. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

SUBMISSIONS

SPENA is pleased to hear from its customers and welcomes your comments regarding SPENA products and services, including this Site. Unfortunately, however, SPENA's long-standing company policy does not allow it to accept or consider creative ideas (including stories, character ideas, screenplays, and original artwork, etc.), suggestions, or materials other than those it has specifically requested (see below). While we value your feedback, we request that you be specific in your comments regarding our services and products, and that you not submit any creative ideas, suggestions, or materials. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by SPENA's or its affiliates' professional staff might seem to others to be similar to their own creative work.

Portions of this Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or other users. If you send or post certain specific submissions as allowed by the Site, or, despite our request that you not send us any creative ideas, suggestions or other materials, you do so (collectively, the "Submissions"), you retain all of your ownership rights to your Submissions. When you provide SPENA with a Submission, you grant to SPENA and its affiliates, representatives, and assigns a non-exclusive, fully-paid, world-wide, transferable, royalty-free license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute (including, without limitation, through third-party web sites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose. For clarity, notwithstanding the foregoing license, we will not intentionally re-create the performances contained in your Submissions through the use of other actors, crew, and/or production companies without your permission. You acknowledge and agree that: (a) you have no expectation of compensation or confidentiality of any nature with respect to any Submission (and, for the avoidance of doubt, SPENA may disclose or notify to any government, regulatory body or competent authority any Submission); (b) SPENA and/or its affiliates may already have projects under consideration that are similar to a Submission or may independently develop projects that are unintentionally similar to a Submission; and (c) SPENA, at its sole discretion, may remove or disable access to the whole or any part of a Submission at any time without notice to you.

SPENA reserves the right to display advertisements in connection with your Submissions and to use your Submissions to advertise and promote your Submissions, the SPENA networks or the means by which your Submissions are made available.

If you remove or delete a Submission from the Site, that Submission will be removed from the Site within a reasonable period of time. Nonetheless, a Submission that you remove may still be available to third parties who previously acquired the Submission and SPENA may maintain copies for archival purposes. SPENA is not required to host, display, or distribute any Submissions, and may remove them at any time. SPENA is not responsible for any loss, theft or damage of any kind to any Submissions.

You represent and warrant that: (a) you own all rights in your Submissions (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to SPENA the rights in your Submissions described herein; (b) you have paid or satisfied and will pay or satisfy in full all license fees, clearance fees, royalties, and any other financial or third party obligations of any kind, arising from any use or commercial exploitation of your Submissions, and SPENA will not be responsible for such obligations; (c) you are the individual pictured and/or heard in your Submissions, or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears and/or is heard in your Submissions to grant the rights to SPENA described herein; (d) you will make such permissions available to SPENA upon request; and (e) your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to SPENA upon SPE’s request.Please refer to the "GUIDELINES FOR USE OF THE SERVICES" below for additional information concerning Submissions.

SPENA SERVICES AND RULES FOR USE

As a convenience to its visitors, SPENA may provide, from time to time and at its sole discretion, one or more Services, such as chat areas, message boards, e-mail functions, instant messaging service, voice-mail, file communities, polls, surveys, and other services. These Services are provided by SPENA to you and others subject to these TOS, the Guidelines set forth below, the Privacy Policy, and other rules that may be published from time to time (collectively, the "Rules") by SPENA. SPENA currently provides the Services free of charge to users who agree to be bound and abide by the Rules. SPENA reserves the right to change the nature of this relationship at any time.

REGISTRATION AND ACCEPTANCE OF TERMS

In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services (your "Registration Information") in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at SPENA's sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services.
As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of, your user name and password. We ask that you select a user name other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify SPENA of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. SPENA shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements.

Please note that SPENA may share your Registration Information or other User Account information when SPENA is requested to do so by law, legal process or court order.

GUIDELINES FOR USE OF THE SERVICES

You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services, including the transmission, posting, or other provision of text, files, links, software, photographs, video, sound, music or other information or material ("Posted Content") to any portion of the Services. Listed below are some, though not all, violations that may result in SPENA terminating or suspending your User Account and/or access to SPENA Services. You agree not to do any of the following actions while using any SPENA Service:

Harass, threaten, embarrass or cause distress or discomfort upon another Service participant, user, or other individual or entity;
Transmit, in connection with any Service, any Posted Content that is or may be disruptive, unlawful, harmful, threatening, abusive, a depiction of violent or cruel acts, false, harassing, defamatory, pornographic, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable, including any content which SPENA, in its sole discretion, considers and notifies to User from time to time, to be falling within any one or more of the above types of content or information;
Cause any chat room screen in any chat room to "scroll" faster than other users are able to type to it or any action of a similar disruptive effect;
Impersonate in any Service, any person, including but not limited to, a SPENA official or representative, chat or message board leader, guide or host;
Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
Invade the privacy or violate any personal or proprietary right of any person or entity; or
Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.

You understand that any content that you upload and/or post on the Site or any Service shall constitute a Submission for all purposes of these TOS.

MONITORING OF CONTENT

SPENA does not, as part of a regular, established practice, monitor, control, or have knowledge of the content transmitted using the Site. You agree that you are solely responsible for all content you transmit and receive using the Site.

LINKED SITES

SPENA sites may frame, and/or contain links to or advertisements about, non-SPENA Web sites. Other sites may also reference, advertise, or link to SPENA sites. SPENA does not endorse or sponsor other Web sites and is not responsible for the content of such sites. SPENA expressly disclaims any statements or assertions made on non-SPENA Web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.

COPYRIGHT INFRINGEMENT NOTICE PROCEDURE

(a) Copyright Infringement Notification. SPENA respects the intellectual property rights of others. Upon proper notice, SPENA will remove or disable access to Posted Content that violates copyright laws of the jurisdictions to which the Services are extended to, including but not limited to India, Indonesia, Malaysia, Philippines, Taiwan, Singapore and the United States (“Applicable Jurisdictions”), suspend access to the Site (or any portion thereof) to any user who uses the Site in violation of any copyright laws of the Applicable Jurisdictions, and terminate the accounts of repeat infringers.

Under Sections 193D(1) and 252C(1) of Copyright Act (Cap. 63) of Singapore and similar or relevant provisions or provisions with similar or equivalent effect (if any) in any of the Applicable Jurisdictions (“Relevant Take Down Provisions”), SPENA has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send SPENA's copyright agent a notification of claimed infringement in compliance with the Relevant Take Down Provisions. For notifications under the Copyright Act of Singapore, such notification should include all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit SPENA to locate the material on the Site; (iii) information reasonably sufficient to permit SPENA to contact you, such as an address, telephone number, and, if available, an e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) your physical or electronic signature. Please provide us with a notice that includes all of the above enumerated information ("Notice of Infringement") and email or mail it to the following SPENA copyright agent:

SPE Networks - Asia Pte. Ltd. 10 Changi Business Park Central 2 #03-01 Hansapoint@CBP Singapore 486030

Email: copyright-spena@spe.sony.com

By submitting a Notice of Infringement, you acknowledge and agree that SPENA may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice.

Please do not send notices or inquiries unrelated to alleged copyright infringement to SPENA's designated agent.

(b) Counter Notification. Under Relevant Take Down Provisions, if you believe that your content has been wrongfully removed from the Site, you may send SPENA a counter notification. Pursuant to Relevant Take Down Provisions, you may be held liable for damages if you make material misrepresentations in a counter notification.

Your counter notification must be issued in accordance with the Relevant Take Down Provisions. Counter notifications under the Copyright Act of Singapore, to be effective, must be in writing, sent to SPENA's designated agent (as identified above), and include substantially the following information: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location where the material previously appeared on the Site; (iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (iv) your name, address, and telephone number and a statement that you consent to the jurisdiction of the courts of Singapore and agree to accept service of process from the person who submitted the original Notice of Infringement that resulted in your Posted Content being removed (or an agent of such person) in the event he or she elects to file suit.

By submitting a counter notification, you acknowledge and agree that SPENA may forward your counter notification and any related communications to the person who submitted the original Notice of Infringement that resulted in the removal of or disabling of access to of your Posted Content or to other third parties.

If you are in Malaysia, kindly note that the link to the Content Forum website is http://www.cmcf.org.my.

NO RESALE / EXPLOITATION

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.

CONTESTS

This Site may contain contests that require you to register an SPENA account or send in material or information about yourself or offer prizes. Each contest has its own rules, which you must read and agree to before you may enter.

TERMINATION

Your right to use the Site automatically terminates if you violate these TOS or any rules or guidelines posted in connection with the Site. You understand and agree that SPENA may, in its sole discretion and at any time, terminate your password, User Account or use of any Service, and discard and remove or disable access to any Posted Content posted or submitted by you to any Site or Service, for any reason. SPENA may also, in its sole discretion and at any time, discontinue any Site or Service or limit or restrict any user's access thereto, for any reason. You understand and agree that SPENA may take any one or more of these actions with or without prior notice to you. Should SPENA take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Account, including your Registration Information and Posted Content. FURTHER, YOU AGREE THAT SPENA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR POSTED CONTENT OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SITE (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Site at any time. SPENA reserves the right to investigate your use of the Site in the event SPENA, in its sole discretion, believes you have violated these Terms of Service.

DISCLAIMER

THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPENA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. SPENA DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE, SERVICES OR SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, THE SERVER THAT MAKES THEM AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. SPENA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE, THE SERVICES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SPENA) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, SERVICES, AND SOFTWARE, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SPENA BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, SITE CODE OR THE SOFTWARE, EVEN IF SPENA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. WHILE SPENA TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, SPENA SHALL NOT BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SPENA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, EXPENSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO SPENA, IF ANY, FOR ACCESSING THIS SITE.

EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent SPENA may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of SPENA's liability shall be the minimum permitted under such applicable law.

ABILITY TO ACCEPT TERMS OF SERVICE

The Site is not intended for children under 13. If you are under 13 years of age, please do not use the Site. In addition, you represent and warrant that you are the applicable age of majority or older, or if you are between the ages of 13 and 21, you have obtained the consent of your parent or legal guardian to use the Site or that you are an emancipated minor. You also represent and warrant that you are fully able and competent to enter into these TOS and to abide by and comply with them.
If you are under 18, you should ask your parents or a guardian before you:

E-mail the Site, or ask us to e-mail anything to you;
Send in any information;
Enter any contest or game that requires information about you or offers a prize;
Join any club or group;
Post any information on any bulletin board or enter any chat room; or
Buy anything online.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SPENA, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submit, post, or transmit on or through the Site; (b) your (or anyone using your account's) use of the Site; (c) your (or anyone using your account's) violation of these Terms of Service; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. SPENA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SPENA in asserting any available defenses.

FORCE MAJEURE

SPENA shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or the availability of Site or Services, or for any inaccuracy, unreliability or unsuitability of this the Site Content, Site Code, and the Software if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes without limitation acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom SPENA is not responsible.

GOVERNING LAW; ARBITRATION

These Terms of Service shall be construed and enforced in accordance with the laws of the State of California without regard to the choice of law principles thereof. You agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a single neutral arbitrator ("Arbitrator"). The Arbitrator shall be an attorney or retired judge with at least ten (10) years experience in the software industry and shall be mutually agreed upon by you and SPENA (collectively, "the parties"). If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. The parties shall be entitled to conduct discovery in accordance with Section 1283.05 of the California Code of Civil Procedure, provided that (a) the Arbitrator must authorize such discovery in advance based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under the circumstances, and (b) discovery shall be limited to depositions and production of documents unless the Arbitrator finds that another method of discovery (e.g., interrogatories) is the most reasonable and cost efficient method of obtaining the information sought. There shall be a record of the proceedings at the arbitration hearing and the Arbitrator shall issue a Statement of Decision setting forth the factual and legal basis for the Arbitrator's decision. If neither party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the Arbitrator's decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the California Superior Court, which may be made ex parte, for confirmation and enforcement of the award. If either party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the award of the Arbitrator shall be appealed to three (3) neutral arbitrators (the "Appellate Arbitrators"), each of whom shall have the same qualifications and be selected through the same procedure as the Arbitrator. The appealing party shall file its appellate brief within thirty (30) days after its written notice requesting the appeal and the other party shall file its brief within thirty (30) days thereafter. The Appellate Arbitrators shall thereupon review the decision of the Arbitrator applying the same standards of review and all of the same presumptions) as if the Appellate Arbitrators were a California Court of Appeals reviewing a judgment of the California Superior Court, except that the Appellate Arbitrators shall in all cases issue a final award and shall not remand the matter to the Arbitrator. The decision of the Appellate Arbitrators shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the California Superior Court, which may be made ex parte, for confirmation and enforcement of the award. The party appealing the decision of the Arbitrator shall pay all costs and expenses of the appeal, including the fees of the Appellate Arbitrators and the reasonable outside attorneys' fees of the opposing party, unless the decision of the Arbitrator is reversed, in which event the expenses of the appeal shall be borne as determined by the Appellate Arbitrators. The Arbitrator shall have the power to enter temporary restraining orders, preliminary and permanent injunctions. Prior to the appointment of the Arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief in a court of competent jurisdiction in Los Angeles County, California without thereby waiving its right to arbitration of the dispute or controversy under this section. All arbitration proceedings (including proceedings before the Appellate Arbitrators) shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The provisions of this paragraph shall supersede any inconsistent provisions of any prior agreement between the parties.
Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, rules and regulations in connection with your activities under these TOS, including without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended, to ensure that the Site Content, Site Code, and the Software are not exported in violation of the United States laws.

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