Welcome to our Website. This Website is an informational website owned and operated by Spectacular.com, LLC of P.O. Box 112601, Naples, Florida, 34108, USA.
I. Intellectual Property
II. Website Access and Use
III. Conditions for Linking to Website
IV. Website Content and Third-Party Links
A. We provide the Website including, without limitation Website Content and Third-Party Content for informational, entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content and Third-Party Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content and/or Third-Party Content.
V. Third-Party Content
A. Certain information and content may be provided by third-party owners, licensors, suppliers or creators to the Website (collectively, the Third-Party Content). The Third-Party Content is, in each case, the copyrighted work of the owner, licensor, supplier or creator. Unless you have permission from the owner of the Third-Party Content, you agree to only display the Third-Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content. SPECTACULAR.COM, LLC DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD-PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VI. User Registration
A. In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to this Website.
VII. Website Conduct
Spectacular.com, LLC asks that you respect our online community and other individuals. When submitting Submissions to or otherwise using the Website and/or the services, you agree not to:
VIII. Copyright Infringement Notice
Spectacular.com, LLC respects the intellectual property rights of others, and we ask you to do the same. Spectacular.com, LLC reserves all rights, in its sole discretion, in removing all access to and deleting all Website Content, Third-Party Content or Submissions, with or without notice, upon which there are submitted claims of copyright infringement. Spectacular.com, LLC also reserves all rights, in its sole discretion, to terminate Registered Accounts, with or without notice, upon which Third-Party Content and/or Submissions of copyright infringement claims are submitted against. Those that copyright infringe or violate the intellectual property rights of others with their Third-Party Content and/or Submissions to this Website are on notice that they may be liable for attorneys’ fees and costs for materially misrepresenting their ownership of said Third-Party Content and/or Submissions. We strongly suggest that if you have questions regarding copyright infringement or other intellectual property issues that you contact a licensed attorney for legal advice. If you believe that any Website Content, Third-Party Content, Submissions, material or otherwise on this Website violates your rights as a copyright owner, then please follow the instructions in Section IX. Digital Millennium Copyright Act Notice.
IX. Digital Millennium Copyright Act Notice
Spectacular.com, LLC will respond to specific notices provided to us of copyright infringement on our Website as established by the Digital Millennium Copyright Act ("DMCA"). Spectacular.com, LLC may upon receipt of a notice complying with § 512 of the DMCA (17 USC § 512(c)(3)) and in appropriate circumstances and at our discretion, remove any and all allegedly copyright infringing content, and may terminate service and/or access to this Website for Registered Accounts who infringe the intellectual property rights of others. Upon the removal of the allegedly copyright infringing content, Spectacular.com, LLC will make a good-faith attempt to contact the content provider or owner to allow for a response under the DMCA’s counter-notification procedures established under § 512 (17 USC § 512(g)(2-3)) and if compliant, Spectacular.com, LLC may return the allegedly infringing content to the Website.
Spectacular.com, LLC’ designated Copyright Agent for notice of claims of copyright infringement on this Website and counter-notification as established by the DMCA must be sent to our mailing address:
If you believe that your work is the subject of copyright infringement and appears on our Website, please provide Spectacular.com, LLC’ designated Copyright Agent the following required information in writing:
If you believe that your work has been removed from our Website in error, please provide Spectacular.com, LLC’ designated Copyright Agent the following required information in writing:
XIII. Limitation on Liability
XV. Governing Law; Venue and Jurisdiction
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
XVII. Amendment; Additional Terms