Terms and Conditions
These Terms and Conditions of Use (the “Agreement”) constitute a legally binding contract between you (“User”) and The Spore Market (“Company”). By accessing or utilizing the website thesporemarket.com (the “Site”), including any content, functionality, and services provided therein, you agree to be bound by the terms set forth herein, along with any documents and/or additional terms incorporated by reference. These terms govern your use of the Site and supersede any prior agreements or understandings, whether written or oral, relating to the subject matter of this Agreement.
By accessing or using thesporemarket.com, or by expressly indicating your acceptance of these Terms and Conditions (including by clicking “I Agree” or similar), you hereby irrevocably agree to be bound by and comply with the terms and conditions set forth herein, along with the Privacy Policy, which is incorporated by reference. If you do not agree to these Terms and Conditions or the Privacy Policy, you are prohibited from accessing or using thesporemarket.com.
By accessing or using thesporemarket.com, you hereby represent and warrant that you have attained the legal age of majority in your jurisdiction and possess the legal capacity to enter into a binding contract with The Spore Market, and that you fully satisfy all eligibility requirements set forth herein. If you do not meet all such requirements, you are expressly prohibited from accessing or using thesporemarket.com.
Modifications to the Website and to the Terms and Conditions
The Spore Market reserves the right, at its sole discretion, to amend, modify, or update these Terms and Conditions at any time. Any such Amendments shall become effective immediately upon posting in thesporemarket.com and shall apply to all subsequent access to and use of the website. By agreeing to these Terms and Conditions, you agree to review them periodically in order to remain informed of any Amendments. Your continued access to or use of thesporemarket.com following the posting of any such changes shall constitute your acceptance of those Amendments.
The Spore Market reserves the right, in its sole discretion, to modify, suspend, or terminate any content, materials, or features on thesporemarket.com at any time, without prior notice. The Spore Market shall not be liable to you or any third party for any unavailability, interruption, or restriction of access to all or any part of thesporemarket.com, whether temporary or permanent, and regardless of the cause or duration thereof.
Account Set-Up and Security and Your Use of the Website
The protection and security of your personal information is of utmost importance to The Spore Market. In this regard, we implement and maintain a comprehensive array of physical, electronic, and administrative safeguards, procedures, and controls that are specifically designed to prevent the unauthorized access, use, alteration, disclosure, or loss of your personal information. These measures are intended to ensure the confidentiality, integrity, and availability of your personal data, and to protect against any potential security breaches or unauthorized activities. While we make every reasonable effort to safeguard your personal information, you acknowledge and agree that no security system or method of data transmission is completely infallible, and we cannot guarantee absolute protection against all potential risks or threats.
The safety and security of your information is also contingent upon your actions. You, the User, are solely responsible for acquiring the necessary equipment to access thesporemarket.com. Furthermore, you agree to ensure that any and all individuals who access thesporemarket.com through your internet connection are made aware of, and comply with, these Terms and Conditions. Access to certain areas or content of thesporemarket.com may require user registration, and it is a condition of your use of the site that all information you provide in connection with such registration, or otherwise, is accurate, current, and complete. You hereby acknowledge that failure to provide accurate, up-to-date information may result in the suspension or termination of your access to thesporemarket.com.
Transmission of information over the Internet is inherently insecure, and despite our diligent efforts to safeguard your personal information, we cannot and do not guarantee the security of any personal data transmitted to or from thesporemarket.com. You acknowledge and agree that any such transmission is undertaken at your own risk. The Spore Market shall not be held liable for any unauthorized access, circumvention of privacy settings, or breach of security measures on thesporemarket.com, and disclaims any responsibility for any compromise of your personal information resulting from such events.
By providing registration information or submitting any content, data, or materials to thesporemarket.com through any interactive features or functionalities, including but not limited to applications, chat rooms, email, message boards, personal or interest group web pages, profiles, forums, bulletin boards, and any other similar tools or platforms (hereinafter referred to collectively as “User-Generated Features”), you hereby acknowledge and consent to the collection, use, storage, processing, and disclosure of such information in accordance with the terms outlined in our Privacy Policy. You further agree that The Spore Market may take any actions with respect to your information, including but not limited to, monitoring, reviewing, modifying, or deleting such content, and that such actions are undertaken in compliance with and pursuant to the Privacy Policy. You understand and agree that by using these User-Generated Features, you grant The Spore Market the necessary rights to utilize, process, and handle your submissions in accordance with the purposes set forth in the Privacy Policy, and that any information you provide through these features may be subject to retention, sharing, and other actions as described therein.
Any username, password, or other authentication credentials (collectively, “Security Credentials”) provided to you or selected by you as part of the security protocols associated with your use of the sporemarket.com (the “Website”) shall be treated as confidential and proprietary information. You acknowledge and agree that it is your sole responsibility to maintain the confidentiality of such Security Credentials and to prevent their unauthorized disclosure to any third party. You shall not disclose, share, or permit the use of your Security Credentials by any other person or entity.
You further acknowledge and agree that when accessing your account from any public, shared, or unsecured device, network, or environment, you shall take all reasonable precautions to prevent the unauthorized viewing, recording, or capture of your Security Credentials or any other personal information.
You understand and agree that your account is personal to you, and that you are solely responsible for any and all activities that occur under your account. You covenant not to allow any third-party access to thesporemarket.com, or any portion thereof, through the use of your username, password, or other Security Credentials.
You agree to immediately notify The Spore Market (the “Company”) in the event of any actual or suspected unauthorized use, access, or disclosure of your Security Credentials, including but not limited to any unauthorized access to your account, or any other breach of security related to your use of the Website. You further agree to take all necessary and appropriate actions to protect the integrity of your account and prevent further unauthorized activity.
Additionally, you agree to log out of your account at the conclusion of each session, particularly when accessing the Website from a shared or public computer, to prevent unauthorized access to your account. You acknowledge and accept full responsibility for any unauthorized use or misuse of your account, including but not limited to any damage, loss, or legal consequences arising from the unauthorized access, use, or disclosure of your account information.
In no event shall the Company be held liable for any loss, damage, or expense resulting from your failure to comply with these security obligations or for any unauthorized access or use of your account arising from your negligence or failure to safeguard your Security Credentials.
You are strictly prohibited from attempting to bypass, circumvent, or otherwise violate the security protocols or measures of thesporemarket.com (the “Website”), including, but not limited to, the following actions: (a) accessing or attempting to access content, data, or information that is not expressly intended for your use or that you are not authorized to access; (b) attempting to breach or actually breaching any security or authentication mechanisms, procedures, or protocols in place to protect the Website, its data, or its users, without proper authorization; (c) restricting, interfering with, disrupting, or disabling the service to other users, hosts, servers, or networks connected to or utilized by the Website, including any actions that may negatively impact the availability, performance, or functionality of the Website; (d) engaging in the illicit reproduction, manipulation, or modification of TCP/IP packet headers or any other network protocol information for fraudulent or unauthorized purposes; (e) interfering with or disrupting the normal operation of the Website’s network services, including actions that may prevent the Website owner from effectively monitoring or maintaining the integrity of thesporemarket.com; (f) utilizing any form of automated device, software, script, robot, spider, or other similar technological tool or process to access, scrape, monitor, or copy any content or material from thesporemarket.com for any unauthorized purpose, including, but not limited to, the collection or reproduction of proprietary data or content; (g) introducing, uploading, transmitting, or distributing any malicious software, code, virus, Trojan horse, worm, logic bomb, or any other technologically harmful material that could damage, disrupt, or compromise the security, integrity, or functionality of the Website or any system connected to it; (h) attempting or engaging in any form of denial-of-service (DoS) attack, distributed denial-of-service (DDoS) attack, flooding, mail-bombing, or any other activity intended to overload or crash the Website’s systems, servers, or networks; and (i) otherwise engaging in any conduct or activity that interferes with, disrupts, or adversely affects the proper functioning of thesporemarket.com, including any actions that impede the ability of other users to access or use the Website in a normal and uninterrupted manner.
Any violation of these security provisions may result in legal action, including but not limited to civil or criminal liability, and immediate termination of your access to the Website.
Ownership and Intellectual Property Rights
The name “The Spore Market,” the logo of “The Spore Market,” and all associated names, logos, product and service identifiers, designs, images, slogans, and other intellectual property (collectively, the “Marks”) are registered and unregistered trademarks, service marks, trade names, and/or other proprietary identifiers owned by The Spore Market or its affiliates, subsidiaries, licensors, or other authorized third parties. You acknowledge and agree that you shall not use, reproduce, modify, distribute, display, or otherwise exploit any of the Marks, in whole or in part, without the prior express written consent of The Spore Market, and any such unauthorized use shall constitute a violation of the trademark and intellectual property rights of The Spore Market.
In addition, any other names, logos, product and service identifiers, designs, images, slogans, or other trademarks that appear on thesporemarket.com (the “Website”) are the property of their respective owners, licensors, or affiliates. The use of any such intellectual property without the prior written authorization of the respective owner is prohibited and shall constitute an infringement of their respective intellectual property rights.
You further understand and agree that the unauthorized use of any of the Marks, or any other proprietary material on the Website, except as expressly authorized by these Terms and Conditions or by the lawful owner of the intellectual property, may result in the infringement of trademark, copyright, or other intellectual property laws, and may subject you to civil and/or criminal liability under applicable federal, state, or international laws. Any such infringement or violation may result in legal action, including but not limited to claims for damages, injunctive relief, and other remedies available under law.
You are hereby granted a limited, non-exclusive, revocable license to access and use thesporemarket.com solely for personal purposes, and you agree that such use shall be in strict accordance with these Terms and Conditions. You shall not, directly or indirectly, reproduce, duplicate, compile, extract, create derivative works from, distribute, transmit, modify, publicly display, publicly perform, republish, download, store, or otherwise use or exploit, in whole or in part, any content, materials, or intellectual property available on thesporemarket.com for any commercial purpose, or for any purpose other than as expressly permitted herein, without the prior written consent of The Spore Market or the relevant intellectual property owner.
Without limiting the generality of the foregoing, you shall not engage in the unauthorized reproduction or compilation of any materials from thesporemarket.com for the creation of an internal database, nor shall you engage in any distribution or transmission of such materials to third parties in any medium or format. Additionally, you shall not use any content on thesporemarket.com to create derivative works or adaptations for commercial exploitation, or for any other purpose that is not expressly authorized by The Spore Market in writing.
Notwithstanding the foregoing, the limitations contained in this provision shall not apply to the extent that such use is expressly authorized by The Spore Market or as otherwise provided by law, including fair use under applicable copyright law. Any use of thesporemarket.com or its contents for purposes other than those expressly permitted herein constitutes a violation of these Terms and Conditions and may result in the termination of your access to the Website and legal action.
- You may download a single copy of materials from thesporemarket.com for your personal, non-commercial use, provided that all proprietary notices, including copyright and trademark notices, are preserved in their original form. Such download is contingent upon your agreement to comply with the terms and conditions set forth in the End User License Agreement (EULA) applicable to such downloads, which you acknowledge and agree to be bound by upon proceeding with the download.
- You are permitted to print a reasonable number of copies of materials from thesporemarket.com, provided that such copies are made exclusively for personal, non-commercial use, and that any proprietary notices, including but not limited to copyright or trademark notices, are retained intact. You expressly agree not to reproduce, republish, distribute, or otherwise exploit any printed copies for any commercial purpose or through any medium, platform, or channel.
- Your computer and web browser may, from time to time, automatically cache or temporarily store copies of materials accessed and viewed on thesporemarket.com, solely for the purpose of facilitating the technical operation and display of such materials during the course of your visit to the Website.
- In the event that certain content on thesporemarket.com includes links to third-party social media platforms, you may interact with such content in accordance with the terms and conditions established by both thesporemarket.com and the applicable third-party social media platforms. Any actions taken on such platforms shall be subject to the terms, policies, and conditions imposed by those third parties, and you agree to comply with such terms when utilizing any linked content.
Users are expressly prohibited from modifying, altering, or adapting any copies of materials obtained from thesporemarket.com, nor may they remove, obscure, or otherwise tamper with any copyright, trademark, or other proprietary rights notices that appear on such materials. Furthermore, you shall not use, reproduce, or exploit any part of thesporemarket.com, or any services or materials available through the Website, for any commercial purpose, including but not limited to, resale, redistribution, or for any activity that generates revenue, without the prior written consent of The Spore Market. Any unauthorized use or modification of the materials or services on thesporemarket.com constitutes a violation of these Terms and Conditions and may subject you to legal action.
Any unauthorized printing, copying, downloading, or otherwise reproducing any portion of thesporemarket.com shall constitute a material breach of these Terms and Conditions. Upon such breach, your right to access and use thesporemarket.com shall terminate immediately, and you shall, at the sole discretion of The Spore Market, either return or permanently destroy any copies of materials you have made from the Website. You acknowledge and agree that you have no right, title, or interest in or to thesporemarket.com, nor to any content, materials, or intellectual property appearing thereon, and that all rights not expressly granted herein are fully reserved by The Spore Market. Any use of thesporemarket.com, or any content contained therein, not expressly authorized by these Terms and Conditions constitutes a breach thereof and may result in the infringement or violation of applicable copyright, trademark, patent, trade secret, and other intellectual property laws, as well as any other proprietary rights, and may subject you to civil and/or criminal liability.
Individual Vendor Intellectual Property
The Intellectual Property, including but not limited to logos, trademarks, products, designs, and any other content associated with or originating from an Individual Vendor (hereinafter referred to as “Vendor Intellectual Property”), shall remain the exclusive property of the respective Vendor. The Spore Market expressly disclaims any and all ownership rights, title, or interest in and to such Vendor Intellectual Property. Nothing herein shall be construed as granting or transferring any rights, license, or interest in the Vendor Intellectual Property to The Spore Market, its affiliates, or any third parties. The Spore Market makes no claim, assertion, or representation with regard to the ownership, validity, or enforceability of any Vendor Intellectual Property, and further, disclaims any liability arising from the use or misuse of such content. Any use of Vendor Intellectual Property outside of the scope of these Terms and Conditions shall be subject to the express consent of the individual Vendor, and The Spore Market shall not be held liable for any unauthorized use or infringement of such Vendor Intellectual Property by users or third parties.
Terms of Use, User Submissions, and Content Guidelines
As a condition of your access to and use of thesporemarket.com (the “Website”), you agree to use the Website solely for lawful purposes and in strict accordance with these Terms and Conditions. By submitting, posting, publishing, or otherwise transmitting content, materials, or information to thesporemarket.com, including through any Interactive Functions, you acknowledge and agree that such submissions (hereinafter referred to as “User Submissions”) must comply with all applicable local, state, national, and international laws, regulations, and the terms set forth in these Terms and Conditions.
Without limiting the generality of the foregoing, you represent, warrant, and agree that your use of thesporemarket.com and any User Submissions shall not:
- Age Restriction: Submit any User Submissions if you are under the age of 18. Users must be at least 18 years of age to access and use thesporemarket.com.
- Exploitative or Harmful Conduct: Engage in any conduct that seeks to exploit, harm, or harass any individual (including minors), or request personal information from others in a manner that is prohibited by law or regulation.
- False or Misleading Information: Provide, transmit, or otherwise share any false, misleading, or inaccurate information, including in any User Submissions.
- Non-compliant Material: Transmit, upload, download, or otherwise use any material that does not comply with the User Submissions and Site Content Standards outlined in these Terms and Conditions.
- Impersonation: Attempt to impersonate The Spore Market, any of its employees, any other user, or any third party, including by using email addresses, screen names, or other identifiers associated with any of the foregoing.
- Unsolicited Promotions: Transmit or facilitate the transmission of any unsolicited advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” sweepstakes, contests, or other forms of commercial solicitation without prior written consent from The Spore Market.
- Restricting Others’ Use: Engage in any conduct that could restrict or inhibit another user’s use or enjoyment of thesporemarket.com, or that could harm The Spore Market, its affiliates, users, or expose them to liability.
- Inconvenience or Harm: Cause annoyance, inconvenience, or needless anxiety to others, or otherwise attempt to upset, embarrass, or alarm other users.
- Promotion of Illegal Activity: Promote or encourage any illegal activity, or engage in, advocate for, or assist in any unlawful acts, including the violation of any applicable laws or regulations.
- False Representation of Affiliation: Give the impression that any content, communication, or submission originates from or is endorsed by The Spore Market, when such content is not actually endorsed by The Spore Market or is not accurately attributed.
- Transaction Responsibility: Hold The Spore Market liable for any transactions or agreements between users and vendors. The Spore Market is not responsible for any contractual or financial obligations resulting from user-to-vendor transactions.
- Product Liability: Hold The Spore Market responsible for any products sold by third-party vendors or for any defects, issues, or disputes arising from such products.
- Legal Compliance: Violate any applicable federal, provincial, state, or international law, regulation, or legal requirement, including but not limited to laws regarding the export of data or software, intellectual property rights (such as patents, trademarks, trade secrets, or copyrights), or privacy and publicity rights. User Submissions must not contain material that could expose The Spore Market or any other party to civil or criminal liability under applicable laws.
- Third-Party Terms Violations: Violate the terms of service or use of any third-party websites, including but not limited to any social media platforms or external links that are connected to or accessible via thesporemarket.com.
- Offensive or Harmful Content: Contain any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, sexually explicit or pornographic, violent, discriminatory (based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected category), or otherwise objectionable, as determined at the sole discretion of The Spore Market.
- Legal Responsibility for Purchases: It shall be the sole responsibility of the User to ensure compliance with all applicable laws, statutes, regulations, and legal requirements governing the possession, purchase, distribution, or use of active spores within their respective jurisdiction(s). The User acknowledges and agrees that The Spore Market, its affiliates, officers, employees, agents, and licensors shall not be held liable or responsible for any legal consequences arising from the User’s failure to adhere to the laws or regulations of the jurisdiction in which the User resides, or to which the User is subject, concerning the legality of possessing, purchasing, receiving, or utilizing such spores. By accessing and using thesporemarket.com, the User expressly agrees to indemnify, defend, and hold harmless The Spore Market from any and all claims, damages, liabilities, costs, and expenses (including, without limitation, legal fees) arising out of or in connection with the User’s failure to comply with applicable laws, rules, or regulations concerning spores in any jurisdiction in which the User resides or operates. The Spore Market shall bear no responsibility for ensuring that the User’s actions are in conformity with the laws of their jurisdiction, and the User assumes full and exclusive responsibility for their own legal compliance.
Enforcement of Standards
The Spore Market reserves the right to take any action it deems necessary, at its sole discretion, in response to violations of these Content Submission Standards, including but not limited to removing User Submissions, suspending or terminating user accounts, or taking legal action. The Spore Market may, at its sole discretion, monitor User Submissions and use its judgment to remove any content that it determines, in its sole discretion, violates these Terms and Conditions or is otherwise objectionable.
By continuing to access and use thesporemarket.com, you acknowledge that you understand and agree to comply with these guidelines and terms.
User Submissions: Warranty and Grant of License
The Website, thesporemarket.com (hereinafter “the Website”), may feature Interactive Functions that allow users to submit content, materials, or information (collectively referred to as “User Submissions”). By submitting any User Submission to the Website, you expressly acknowledge and agree that such submissions shall not be subject to any confidentiality obligations or restrictions imposed by The Spore Market, its affiliates, subsidiaries, or service providers.
By providing any User Submission, you hereby grant to The Spore Market, its affiliates, subsidiaries, service providers, and each of their respective licensees, successors, and assigns, a perpetual, worldwide, irrevocable, royalty-free, fully transferable, sub-licensable, non-exclusive license to use, copy, modify, reproduce, display, perform, distribute, publish, translate, adapt, create derivative works of, and otherwise exploit such User Submissions, in whole or in part, in any form, medium, or technology, whether now known or hereafter developed, and for any lawful purpose, including, without limitation, promotional, marketing, or commercial purposes, in accordance with your account settings. This license shall be granted without any further compensation to you or any third party. You further agree to waive, to the extent permissible, any moral rights, authorship rights, or any other rights that may prevent or limit the use, modification, or distribution of your User Submissions by The Spore Market or its licensees.
By submitting a User Submission, you represent, warrant, and covenant that you own or control all rights, titles, and interests in and to the User Submission, including all intellectual property rights therein, or that you have obtained all necessary rights, licenses, and permissions to submit such User Submission to the Website and to grant the licenses as described herein. You further represent and warrant that your User Submission does not infringe upon, violate, or misappropriate the intellectual property or proprietary rights of any third party, and that your submission complies with all applicable laws, statutes, and regulations, as well as the User Submissions and Site Content Standards outlined in these Terms and Conditions.
You acknowledge and agree that you are solely responsible for the content, accuracy, and legality of any User Submissions that you submit or contribute to the Website, and that you shall be solely liable, to the fullest extent permitted by law, for any and all claims, damages, liabilities, or expenses (including, without limitation, legal fees) arising out of or in connection with such User Submissions, including any claim by a third party asserting that such User Submissions infringe, misappropriate, or violate any rights of such third party. The Spore Market, its affiliates, subsidiaries, directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors shall have no liability for any claims, losses, damages, or legal consequences resulting from your User Submissions, and you hereby agree to indemnify and hold harmless The Spore Market and its affiliates from any such claims or liabilities.
In sum, you represent and warrant that you have the right to submit your User Submission, that it complies with applicable laws and regulations, and that you assume full responsibility for any legal consequences arising from such submission.
Site Monitoring, Enforcement, Suspension, and Termination
The Spore Market reserves the absolute and sole discretion, without any obligation to provide prior notice to you, to take any of the following actions at any time, and for any or no reason:
- Removal or Refusal to Post User Submissions: The Spore Market may, in its sole and absolute discretion, remove, refuse to post, or disable access to any User Submission submitted to or displayed on thesporemarket.com, without limitation, including but not limited to those that violate these Terms and Conditions, applicable laws, or the User Submissions and Site Content Standards, or for any other reason, without incurring any liability to you or any third party.
- Discretionary Actions Regarding User Submissions: The Spore Market may take such actions with respect to any User Submission that it deems necessary or appropriate, in its sole discretion, including, but not limited to, the enforcement of these Terms and Conditions, the User Submissions and Site Content Standards, or to address any issue of legal or regulatory compliance. Such actions may include, without limitation, the removal of any content that is deemed offensive, unlawful, or in violation of these Terms and Conditions, the Privacy Policy, or any applicable law.
- Legal and Regulatory Actions: The Spore Market may, at its sole discretion, take appropriate legal action, including but not limited to: referring the matter to law enforcement authorities, regulatory bodies, or other governmental agencies, or notifying the affected party of any unauthorized or illegal use of thesporemarket.com. The Spore Market shall have the right to fully cooperate with any law enforcement investigation, legal proceeding, or court order, including providing any relevant materials or disclosing the identity or contact information of any individual who has posted, submitted, or otherwise transmitted unlawful, infringing, or otherwise objectionable content on or through thesporemarket.com.
- Suspension or Termination of Access: The Spore Market may, in its sole discretion, suspend or terminate your access to all or any part of thesporemarket.com, including but not limited to your user account, without any prior notice, for any reason or no reason at all, including, but not limited to, any violation of these Terms and Conditions, or any conduct that The Spore Market deems to be harmful to the Website, its users, or its reputation.
In addition to the actions outlined above, The Spore Market retains the right to take any other measures deemed necessary or appropriate, in its sole discretion, to ensure compliance with these Terms and Conditions, the User Submissions and Site Content Standards, and to protect the integrity and security of thesporemarket.com.
You hereby irrevocably waive, indemnify, defend, and hold harmless The Spore Market, its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors, and assigns (collectively, “Indemnified Parties”) from and against any and all claims, demands, actions, causes of action, liabilities, losses, damages, judgments, fines, penalties, costs, expenses (including, without limitation, reasonable attorneys’ fees and court costs), and any other liabilities, whether actual or alleged, arising out of or in any way connected to (a) any third-party claims, investigations, or legal proceedings, whether initiated by such third party, The Spore Market, or any Indemnified Party, (b) any inaction or action taken by The Spore Market or any Indemnified Party in connection with such third-party claims, (c) any actions or omissions by law enforcement authorities or other regulatory or governmental bodies, (d) your use of the Website, or (e) any breach of these Terms and Conditions by you or your violation of any applicable law, regulation, or third-party rights.
This indemnity obligation shall survive any termination or expiration of these Terms and Conditions and shall apply regardless of whether the claim arises under contract, tort, or any other theory of liability, and regardless of the negligence or willful misconduct of the Indemnified Parties. You further agree to cooperate with The Spore Market and the Indemnified Parties in defending any such claims, at your own expense, and acknowledge that The Spore Market reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with The Spore Market in asserting any available defenses.
No Reliance and Disclaimer of Liability
The content provided on thesporemarket.com (the “Website”) is intended solely for general informational purposes and should not be construed as professional advice or a recommendation upon which any user should place reliance. You acknowledge and agree that you must independently seek and obtain appropriate professional, legal, or other specialized advice before taking any action or refraining from taking any action based on the information contained on or provided through the Website.
While The Spore Market makes reasonable efforts to ensure the accuracy and timeliness of the information presented on the Website, it makes no representations, warranties, or guarantees, express or implied, regarding the completeness, accuracy, or currency of any content displayed on the Website. You expressly acknowledge that your use of the Website is at your own sole risk, and that neither The Spore Market, nor its parent, subsidiaries, affiliates, nor any of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors, or assigns shall be held liable or responsible for any errors, omissions, inaccuracies, or outdated information contained on the Website.
Further, the Website may include content provided by third parties, including, without limitation, other users of the Website and third-party licensors. You understand and agree that any statements, opinions, or views expressed in such third-party content are solely those of the respective third-party authors or providers and do not necessarily reflect the opinions, beliefs, or views of The Spore Market. The Spore Market, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors, or assigns assume no responsibility or liability whatsoever for the accuracy, legality, reliability, or completeness of any third-party content provided through the Website, and such third-party content is provided to you “as is” without any warranty or endorsement by The Spore Market.
Geographic Restrictions and Jurisdictional Limitations
The Spore Market, as the owner and operator of thesporemarket.com (hereinafter referred to as the “Website”), is a legal entity domiciled in the State of New York, within the United States of America, and is subject to the laws and regulations of the United States, and specifically those of the State of New York. The Website and all associated content, services, and functionalities are intended solely for access and use within jurisdictions where such access and use are lawful.
Access to or use of the Website from any jurisdiction where such use is prohibited or restricted by applicable law is expressly unauthorized. By accessing or using thesporemarket.com from outside the State of New York within the United States of America, you acknowledge and agree that you do so at your own risk and on your own initiative, and that you are solely responsible for ensuring compliance with all relevant and applicable local, state, national, and international laws, rules, regulations, and ordinances of the jurisdiction from which you are accessing the Website.
You further acknowledge that The Spore Market makes no representations, warranties, or guarantees that the content or services available through the Website are appropriate, available, or permitted for use in any specific location outside of the United States. Accordingly, any access to or use of thesporemarket.com from outside the United States shall be deemed to occur solely at the user’s own risk, and The Spore Market expressly disclaims any liability for violations of local laws or regulations in connection with such use.
In the event that you access or attempt to use the Website from a jurisdiction where such use is restricted, you agree to indemnify, defend, and hold harmless The Spore Market, its affiliates, subsidiaries, licensors, licensees, directors, officers, employees, agents, and contractors from any and all claims, damages, liabilities, or expenses arising out of or in connection with your violation of any such local laws or regulations.
Indemnification and Hold Harmless Provision
To the fullest extent permitted by applicable law, you hereby agree to indemnify, defend, and hold harmless The Spore Market, its parent company, subsidiaries, affiliates, and each of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors, assigns, and representatives (collectively, the “Indemnified Parties”), from and against any and all claims, actions, suits, proceedings, demands, losses, liabilities, damages, judgments, settlements, fines, penalties, costs, expenses, or fees, including, but not limited to, reasonable attorneys’ fees, expert fees, court costs, and other legal expenses, arising out of or in connection with:
- Your Breach of Terms: Any violation or breach by you of these Terms and Conditions, including but not limited to, any representations, warranties, covenants, or obligations made by you hereunder.
- Your Use of thesporemarket.com: Any use or misuse of thesporemarket.com, including, without limitation, any actions taken by you in connection with your User Submissions, use of Interactive Functions, or other features or services offered through thesporemarket.com.
- Third-Party Sites: Your access to or use of any third-party websites, services, or content linked to or made available through thesporemarket.com, including but not limited to any claims or disputes arising from such third-party sites.
- Unauthorized Use of Content or Services: Any unauthorized use or exploitation of The Spore Market’s content, services, products, or intellectual property, including but not limited to reproducing, modifying, distributing, publicly displaying, or otherwise utilizing any materials or services provided by The Spore Market, except as expressly permitted under these Terms and Conditions.
You agree that, upon The Spore Market’s request, you will promptly take all necessary steps, at your own cost, to defend against any such claim, demand, or action, and will cooperate fully with The Spore Market in the defense of any such claim. The Spore Market reserves the right, at its sole discretion, to assume the exclusive defense and control of any matter for which you are required to indemnify The Spore Market, and in such case, you agree to cooperate with The Spore Market’s defense of such claim.
This indemnity obligation shall survive the termination or expiration of these Terms and Conditions and your use of thesporemarket.com.
Governing Law and Jurisdiction
These Terms and Conditions, as well as your access to and use of thesporemarket.com, shall be governed by, construed, and enforced in accordance with the substantive laws of the State of New York, United States of America, without regard to its conflicts of law provisions or principles, and regardless of your domicile, residence, or physical location at the time of any dispute. The application of any other law, whether domestic or international, is expressly excluded.
Any and all legal actions, claims, disputes, or proceedings arising out of or relating to these Terms and Conditions or in connection with your use of thesporemarket.com, including any issues related to intellectual property, contractual obligations, or any matter arising under these Terms, shall be exclusively brought before the competent courts of the State of New York or the United States District Courts located within the State of New York, United States of America. By using thesporemarket.com, you irrevocably consent to the personal jurisdiction of such courts and waive any objections to the exercise of jurisdiction over you by such courts, including objections based on venue, inconvenient forum, or any other similar argument.
You hereby agree that any such action or proceeding shall be brought solely in the aforementioned courts, and you further waive any right to assert that such courts constitute an improper or inconvenient venue for the resolution of any legal dispute, or that such courts lack jurisdiction over you for any reason. This provision shall apply regardless of where you are located or the location from which you accessed thesporemarket.com.
Waiver
No failure or delay on the part of The Spore Market or any other party in exercising any right, remedy, power, or privilege under these Terms and Conditions shall operate as a waiver thereof, nor shall any such failure or delay be construed as an abandonment, relinquishment, or impairment of any such right, remedy, power, or privilege. The express or implied waiver of any breach or default under these Terms and Conditions shall not be construed as a waiver of any subsequent breach or default, nor shall any such waiver affect or limit the exercise of any right, remedy, power, or privilege hereunder at any time thereafter.
Furthermore, the partial or single exercise of any right, remedy, power, or privilege by any party shall not preclude or limit the full or further exercise of such right, remedy, power, or privilege, nor shall it preclude or limit the exercise of any other right, remedy, power, or privilege, whether arising under these Terms and Conditions or otherwise. No course of dealing, conduct, or custom shall operate as a waiver of any provision of these Terms and Conditions, and any waiver of any term or condition shall be effective only if expressly set forth in writing and executed by the party granting such waiver.
Severability
In the event that any provision, term, clause, or condition of these Terms and Conditions is deemed invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect, impair, or render void any other provision, term, clause, or condition of these Terms and Conditions, which shall remain in full force and effect. Furthermore, the invalid, illegal, or unenforceable provision shall be construed, to the extent possible, in a manner that most closely reflects the original intent of the parties, in compliance with applicable laws, regulations, and the intent of these Terms and Conditions.
The determination of invalidity, illegality, or unenforceability in any jurisdiction shall not affect the validity, legality, or enforceability of the same or similar provision in any other jurisdiction, and these Terms and Conditions shall be construed and enforced as if the invalid, illegal, or unenforceable provision had never been included herein. Each provision of these Terms and Conditions is severable, and the enforceability of any remaining provisions shall not be impaired or affected by the determination of invalidity, illegality, or unenforceability of any other provision.
Entire Agreement
These Terms and Conditions, together with our Privacy Policy, constitute the exclusive and complete agreement between you and The Spore Market with respect to your access to and use of thesporemarket.com, and supersede and replace any and all prior or contemporaneous agreements, understandings, representations, warranties, and communications, whether written or oral, relating to the subject matter hereof. No other terms, conditions, representations, or warranties, whether expressed in any form or implied by law or otherwise, shall have any force or effect unless expressly incorporated herein by reference.
This Agreement constitutes the full and final understanding between the parties with respect to the matters contained herein, and any prior or contemporaneous agreements or representations, whether written or oral, with respect to the use of thesporemarket.com are hereby deemed null and void. No modifications, amendments, or waivers of any provision of these Terms and Conditions shall be effective unless in writing and executed by an authorized representative of The Spore Market.
General Communications
Any and all inquiries, feedback, suggestions, requests for technical assistance, or other communications, whether related to the functionality, performance, or general use of thesporemarket.com, or otherwise concerning matters not expressly addressed in these Terms and Conditions, should be directed to [email protected]. Such communications shall be deemed as non-confidential, and the provision of such communications does not impose any obligation on The Spore Market to respond, address, or act upon such submissions, except as otherwise required by applicable law or as set forth in these Terms and Conditions.
Notification of Misuse
In the event that you become aware of any misuse, unauthorized activity, or unlawful conduct, including but not limited to defamatory, libelous, or otherwise harmful conduct occurring on or in connection with thesporemarket.com, you are hereby required to immediately notify The Spore Market of such misuse. Such notification must be made via electronic mail directed to [email protected], and should include a detailed description of the nature of the alleged misuse, including any relevant facts, circumstances, and supporting documentation or evidence to the extent available. Failure to provide such prompt notice may result in the forfeiture of any claims or remedies you may otherwise have under these Terms and Conditions, and may be construed as your acceptance of the conduct in question.