Effective January 1, 2015
Welcome to Spectrum Idea Lab
Scope of Use
The App(s), website, and any other services offered by Spectrum Idea Lab (the “Services”) are owned and operated by Spectrum Idea Lab. You may use the Services solely for your own use, and not for the use or benefit of any third party. These Services are made available through Spectrum Idea Lab for informational purposes only and are not a substitute for professional advice nor shall they be construed as or understood to be medical advice or care. None of the information provided shall be used to diagnose or treat any health condition. You should consult with an appropriate health care professional before using any information acquired through our Services. Spectrum Idea Lab may change, suspend, or discontinue the Services at any time. All rights in and to the information available on the website and in the App(s) are reserved to Spectrum Idea Lab. To the extent legally permissible, the website and App(s) are provided on an “as is” basis. Spectrum Idea Lab will not be liable for any damages or loss incurred to you or any other person as a result of or in connection with your use of the App(s), website or any other services of Spectrum Idea Lab. Your use of the website, App(s) and any other services through Spectrum Idea Lab are entirely at your own risk.
You agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Spectrum Idea Lab’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Spectrum Idea Lab; or (vi) contains a virus, trojan horse, worm, timebomb, or other harmful computer code, file, or program. Spectrum Idea Lab reserves the right to remove any Content from the Services at any time, for any reason or for no reason at all. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any part of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.
The Services, including the website, App(s), any other proprietary assets, and any and all intellectual property rights, including but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by Spectrum Idea Lab and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. The Services provide you with comprehensive information, including but not limited to text, graphics, photos, images, illustrations, files, button icons, logos, technical data, documentation, data compilations, know-how, specifications materials, designs, data, site design, content matrixes, music, sounds, source and object code, interface, GUI, interactive features related graphics, illustrations, drawing, animations, and other features obtained from or through the Services (collectively, the “Content”). All rights in and to the Content available through our Services are protected by copyright as collective works and/or compilations, pursuant to copyright laws, international conventions, and other intellectual property laws reserved to Spectrum idea Lab. All names, trademarks, service marks, symbols, slogans, logos and other proprietary identifiers used by Spectrum Idea Lab in connection with the Services (“Company Trademarks”) are all trademarks and/or trade names of Spectrum Idea Lab, whether or not registered. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, create derivative works based on, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights in whole or in part: (i) without the express prior written consent of the Spectrum Idea Lab, and (ii) in any way that violates any third party right. The decision to grant or deny permission is within Spectrum Idea Lab’s sole discretion. Notwithstanding the above, you may print or download materials from the Spectrum Idea Lab solely for your personal non-commercial use.
User Grant of Rights
Spectrum Idea Lab does not want to receive information that is confidential or proprietary. If you send us feedback, comments, or suggestions of any kind, including potential improvements to the Services, Spectrum Idea Lab may use such suggestions, content, or ideas (“Ideas”) for any or all purposes, with no compensation or attribution to you. You hereby grant and agree to grant Spectrum Idea Lab, under all of your rights in the Ideas, a perpetual, world-wide, non-exclusive, irrevocable, sub-licensable, royalty-free right and license to store, modify, incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Services, or any other Spectrum Idea Lab current or future product or service, without compensation or accounting to you and without further recourse by you.
Limitation of Liability
In no form are any Services offered by Spectrum Idea Lab intended for diagnosis of any condition, cure, mitigation, treatment, therapy, or prevention of condition, or intended to affect the structure or function of the human body. Spectrum Idea Lab provides general information only and should not be used as a substitute for professional or medical advice, consultation, or therapy. Please consult with a qualified health care professional before using any suggestions or tools offered in the App(s). Although the information provided to you in the Services is obtained or compiled from sources Spectrum Idea Lab believes to be reliable, Spectrum Idea Lab cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you or its suitability for any particular purpose. Spectrum Idea Lab makes no commitment to update its Services, but does make every reasonable effort to ensure the information and Content is accurate and up to date. Your use of the Content and Services provided through Spectrum Idea Lab is at your sole risk. Spectrum Idea Lab has no control over and no duty to take any action regarding: what content you access through the Services, what effects the Content may have on you, how you may interpret or use the Content, or what actions you may take as a result of having been exposed to the Content. You release Spectrum Idea Lab from all liability of you having acquired or not acquired Content through the Services. You are responsible for verifying any and all of the Content before using or relying on it. Spectrum Idea Lab is not responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. To the maximum extent legally permissible, in no event shall Spectrum Idea Lab or it suppliers, their respective officers, directors, employees, or agents be liable with respect to the Services or the content of this Agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of (x) the amounts paid by you for the Services or (y) $100; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond Spectrum Idea Lab’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Disclaimer of Warranties
Your use of, and any reliance upon, the Services including any App(s), is at your own risk. If you are dissatisfied with the Services, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue use of all Services offered by Spectrum Idea Lab and to delete any downloaded App(s). To the maximum extent permitted by law, the information provided in the App(s) and through the Services is provided on an “as is” basis. Spectrum Idea Lab does not warrant, either expressly or by implication, the accuracy or completeness of any content or information provided in the Services or their suitability for any particular purpose, and expressly disclaims all warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose, the warranties of non-infringement of third party rights, non-interference, accuracy, title, merchantability, fitness for a particular purpose (even if Spectrum Idea Lab has been made aware of such purpose), and freedom from computer virus. Spectrum Idea Lab makes no warranty that (i) the services will meet your requirements, (ii) that the services will be uninterrupted, timely, secure, or error-free, (iii) the outcomes that may be obtained from the use of the services will be effective, accurate or reliable, or (iv) the quality of any products, services, or information purchased or obtained by you through the Services will meet your expectations or be free from mistakes, errors or defects. No oral or written information or advice given by Spectrum Idea Lab or any authorized representative of Spectrum Idea Lab shall create a warranty. No news items, press releases, case studies or testimonials published on or accessible through Spectrum Idea Lab shall create a warranty.
You agree to defend, indemnify and hold harmless Spectrum Idea Lab from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the website, Services or Content; (ii) your violation of any of this Agreement; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy rights of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Services. You acknowledge that Spectrum Idea Lab provides no guarantee that the information contained within its Services will benefit you. You acknowledge that Spectrum Idea Lab does not provide therapy, rehabilitation or medical services. You should consult with a healthcare professional for medical advice, treatment or medical diagnosis. Any recommendations or suggestions or tools provided by any Services is for basic informational purposes only and is not intended to be relied upon in situations where specific medical guidance is needed or where erroneous, inaccurate or incomplete data may lead to death, personal injury, property or environmental damage. You take sole responsibility for selecting and using the tools, suggestions, or recommendations used by you and for usage of the Services. Spectrum Idea Lab does not guarantee the availability, accuracy, completeness, reliability, or timeliness of information displayed by any Services.
Content Errors and Changes
Spectrum Idea Lab is not liable for any inaccuracies, errors or omissions on the website, App(s) or any other Services, nor is there any obligation to correct errors, inaccuracies or omissions. Spectrum Idea Lab reserves the right to correct such errors, inaccuracies or omissions as well as the right to change, remove, or update content on the website, App(s) or in any other Services, at any time without prior notice. Content may be changed, suspended or removed at any time without prior notice.
Third Party Trademarks and Content
Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. The inclusion of any links or references to third party websites or parties is provided merely as a convenience. Nothing in this Agreement grants you any license to third party trademarks or content, which shall remain the property of their respective owners. Spectrum Idea Lab has no control over any third party websites, materials or services provided by those parties and is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is Spectrum Idea Lab responsible for errors or omissions in any such third party links.
Changes and Termination of Usage
The Services (excluding any linked websites) are governed by the laws of the United States of America. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the website and Services. Although the Services may be accessible worldwide, Spectrum Idea Lab makes no representation that content on the Services are appropriate or available for use in locations outside the United States and Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Spectrum Idea Lab shall not be liable for any failure to perform itsobligations hereunder where such failure results from any cause beyondSpectrum Idea Lab’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessaryso that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Spectrum Idea Lab’s prior written consent. Spectrum Idea Lab may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that thisAgreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previouswritten and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modificationsmust be in a writing signed by both parties, except as otherwise providedherein. No agency, partnership, joint venture, or employment is created asa result of this Agreement and you do not have any authority of any kind to bind Spectrum Idea Lab in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
If you do not understand or agree with any part of this Agreement or if you are not authorized to agree to this agreement, please exit and discontinue use of the website, App(s) and any other services of Spectrum Idea Lab. If you have questions or comments, please contact us at firstname.lastname@example.org.