Thank you for visiting a website, app, or service provided by Spruceshake! We are pleased to provide you with our content and services and appreciate your patronage. Before you engage with our website, app, or services, we encourage you to read these Terms of Service so you know what to expect when visiting and engaging with our various properties.
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND Spruceshake INC. OR THE APPLICABLE AFFILIATE OF Spruceshake INC. DOING BUSINESS AS “Spruceshake” (“COMPANY,” “WE,” OR “US”).
By accessing or using any website with an authorized link to this Agreement (each a “Website”), accessing or using any application with an authorized link to this Agreement (“App,” together with the Websites, the “Properties”), registering an account, or accessing or using any content, information, services, features, or resources available or enabled via the Properties (collectively with the Properties, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement you may not access or use the Services.
Your use of the Services is also subject to any additional terms, terms of use, conditions, and policies that we separately post on the Services (“Supplemental Terms”) which are incorporated by reference into this Agreement. Some of the specialized features and tools accessible through our Services are provided by third-party companies pursuant to their own separate terms of service (“Third-Party Terms”) that differ from ours. By using such third-party features and tools, you agree that the applicable Third-Party Terms will govern your relationships with the third-party service providers.
Subject to Section 5.9 of this Agreement, the Company reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement. Your continued use of the Services after any such changes constitutes your agreement to such changes.
- Registration; Other Services
1.1 Registration Data. When applying for or registering an account for any of the Services, including, but not limited to, subscribing or gaining access to a magazine or other subscription (“Account”), you agree to provide accurate, current, and complete information (the “Registration Data”) and to promptly update your Registration Data in the event of a change of such Registration Data, including, but not limited to, name change, credit, debit card, or payment account information, e-mail address, or postal address, as necessary. You agree that you may not register for an Account if you are barred or otherwise suspended from using the Services under any applicable law or by the Company. You further agree that you will not maintain more than one Account for the same Company service at any given time. You will be responsible for all activities that occur under your Account. You agree not to share your Account or password with anyone. You further agree to notify the Company immediately of any unauthorized use of your password or any other breach of the security of your Account.
1.2 Subscriptions. If you subscribe to a Company publication or other Service for which there is a recurring charge, you agree to provide and keep current all payment account and contact information provided for that subscription so that we may continue to deliver and bill you for the subscription without interruption. If we are unable to charge your selected payment method, you understand and agree that we may seek to update your account information with your issuing bank and card association networks. Subscriptions purchased through the Services will be governed by the terms of the subscription offer at the time of enrollment, which, unless otherwise noted, will be incorporated by reference into this Agreement.
1.3 Sponsored/Affiliate Content. Certain portions of the Services may include content that contains links to third-party websites for which Company may receive compensation from the operator of the third-party website by virtue of your clicking to or making a purchase on that site. As described more fully in Section 3.4 below, by clicking on these links you understand and agree that you are leaving a Company Property and visiting a website that is not controlled by us.
1.4 Lead Generation. Certain portions of the Services may provide you the opportunity to be contacted by third-party suppliers and others in order to obtain particular services. By providing your contact information in connection with these Services, you understand and expressly consent to be contacted by these third parties using the contact information you provide and that we shall have no responsibility or liability whatsoever in connection with any products, work estimates, or the provision of services by these third parties.
1.5 Sweepstakes and Contests. All sweepstakes, contests, and other promotions conducted on or through the Services will be governed by the official rules applicable to that promotion, which, unless otherwise noted, will be incorporated by reference into this Agreement.
1.6 Removal of Accounts. Company reserves the right to remove or reclaim any usernames at any time and for any reason. You agree that you have no ownership or other property interest in your Account and that the Company owns all rights in and to your Account.
1.7 Company’s Privacy Policy. Our information collection and use policies with respect to the privacy of the Registration Data and any other data provided by you or collected by Company are set forth in Company’s Privacy Policy which is incorporated herein by reference into this Agreement.
- User Content
2.1 Responsible Party for Content. You understand, acknowledge, and agree that all user-generated content posted (that is, non-Company content), displayed, or performed on or through the Services is the sole responsibility of the party from whom such content originated. This means that each User is entirely responsible for all content that that User makes available through the Services, or otherwise provides to the Company, whether online or offline, and whether or not solicited by the Company (“User Content”). User Content shall include your submission of any ideas, suggestions, documents, and/or proposals to the Company. The company has no obligation to pre-screen any User Content. You agree to use all User Content and interact with any other User at your own risk. Without limiting the foregoing, the Company reserves the right, in its sole discretion, but does not have an obligation, to pre-screen, review, refuse, or remove any content. Company shall have the right to remove any content that violates this Agreement or is otherwise objectionable as determined by Company. Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in Company’s sole discretion are objectionable or in violation of this Agreement, Company’s policies, or applicable law.
2.2 Ownership of Your Content. Company does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant Company the license set forth in Section 2.3. Except with respect to Your Content, you agree that you have no right or title in or to any other content that appears on or in the Services.
2.3 License to Your Content. Subject to any applicable Account settings that you select or license agreement you may be asked to agree to when posting or submitting Your Content on or though the Services, you grant Company, its agent(s) and supplier(s), and anyone else authorized by Company, an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in Your Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction, and a waiver of any “moral rights” in Your Content. In connection with the exercise of these rights, you grant Company, and anyone authorized by Company, the right to identify you as the author of Your Content by name, email address, or username, as Company deems appropriate. You will not receive any compensation of any kind for the use of Your Content. Note that other Users may search for, see, use, modify, and reproduce any of Your Content that you submit to any “public” area of the Services. Accordingly, you should be careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in any public area of the Services.
2.4 Ratings and Reviews. Ratings and reviews posted by Users on our Services are User Content that is not endorsed by Company and does not represent the views of Company. To the fullest extent permitted by law, Company does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (a) to base any rating or review you post only