Spreely Terms of Service (Use)
Last Updated: 11/16/2023
Acceptance of the Terms of Service
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we publish them, and apply to all access to and use of the Website and Applications thereafter. Your continued use of the Website and Applications following the posting of the revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are contractually binding.
Accessing the Website/Applications and Account Security
We reserve the right to withdraw or amend this Website or Applications, and any service or material we provide on the Website/Applications, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
-Making all arrangements necessary for you to have access to the Website.
-Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
The Company name, the terms “Spreely”, “Spreely.COM,” the Spreely and Spreely.COM logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that would violate any applicable federal, state, or local law of the United States of America (including, without limitation, any laws regarding the export of data or software to and from the US or other countries) and is not protected by the First Amendment to the U.S. Constitution (the “First Amendment”).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any unwanted advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” tagging random users in posts on your timeline, follower spam, or any other similar solicitation. For avoidance of doubt, this is not thought to encompass reasonable commercial use of a Spreely by a commercial entity or individual to advertise your own commercial products or publications.
- To impersonate or attempt to impersonate the Company or a Company employee, or to impersonate another user or any other person or entity for a purpose that is not protected by the First Amendment.
- To engage in any other conduct which, as determined by us, may result in the physical harm or offline harassment of the Company, individual users of the Website or any other person (e.g. “doxing”), or expose them to liability.
- To post sexual suggestive or explicit media. Spreely is a limited public forum which is dedicated to the protection of political speech permissible under the first Amendment to the United States Constitution. The distribution and consumption of media sexual in nature is not permitted on Spreely.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, group pages, discussion threads, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Service. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assign an irrevocable, perpetual, royalty-free right to use, republish, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Spreely is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We strive to ensure that the First Amendment remains the Website’s standard for content moderation, overtly sexual content notwithstanding. We will make best efforts to ensure that all content moderation decisions and enforcement of these terms of service does not punish users for exercising their God-given right to speak freely. We collect comparatively little data on our users relative to other social networking sites. Our default position is that we should implement no prior restraints on any User Contribution. However, given the breadth of speech we permit, there may be circumstances where we are unable to determine whether content is protected by the First Amendment or not and prudence may require us to err on the side of caution. Accordingly, the Company reserves the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including the following:
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, or could threaten the physical safety of users of the Website or the public.
- Take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Website or in cases of life-threatening emergency.
- Terminate or suspend your access to all or part of the Website for any violation of these Terms of Service.
If your access to the Website is terminated or suspended in relation to a User Contribution authored by you that you believe constitutes protected political or religious speech, and you are able to demonstrate that the User Contribution in question was protected by the First Amendment by obtaining a declaratory judgment from a court of competent jurisdiction, the company will gladly consider permitting you to re-join the site. It is the policy of the Company to not provide any user data to any government unless compelled by a court order issued by a U.S. court, except in cases of life-threatening emergency. The Company reserves the right to change or deviate from this policy at any time, in its sole and absolute discretion, with or without notice to you. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or civil and criminal court orders requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.We do not review material before it is posted on the Website and cannot ensure prompt removal of unlawful material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These Content Standards apply to any and all User Contributions and use of Interactive Services .As a general rule, written expression that is protected political, religious, symbolic, or commercial speech under the First Amendment of the U.S. Constitution will be allowed on the Website, notwithstanding overtly sexual content.. User Contributions absolutely must in their entirety comply with all applicable federal, state, and local regulations in the United States.Without limiting the generality of the foregoing, User Contributions must NOT:
- Be unlawful or be made in furtherance of any unlawful purpose. User Contributions must not aid, abet, assist, counsel, procure or solicit the commission of, nor constitute an attempt or part of a conspiracy to commit, any unlawful act. For avoidance of doubt, speech which is merely offensive or the expression of an offensive or controversial idea or opinion, as a general rule, will be in poor taste but will not be illegal in the United States.
- Unlawfully threaten.
- Incite imminent lawless action.
- Interfere with the operation of any computer.
- Be obscene, sexually explicit or pornographic. The determination of what constitutes sexually explicit material shall be at Spreely’s sole discretion.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization, for a purpose not protected by the First Amendment.
- Involve commercial activities relating to finance, investments or gambling, such as contests and sweepstakes, penny stock promotion, money transmission, or Initial Coin Offerings; or the trade of live or endangered animals or animal parts, or anything that portrays or encourages the abuse of animals.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Link to any content from the above-listed categories.
Although our Content Standards, following the First Amendment, do not prohibit offensive speech, we strongly encourage you to ensure that your User Contributions are cordial and civil. Just because you have the God given right to be a jerk, does not mean you must use it. The foundation of a free society requires people to peacefully settle their differences through dialogue and debate. Spreely exists to promote the free flow of information online and offer an alternative from the ‘digital ghettos’ the oligopoly currently controlling the social media sector has evolved into. It is our view that the responsible exercise of one’s free speech rights is its own reward and, as a general rule, the most well-respected and successful online publishers tend to be the ones who behave the most civilly and put forward their arguments most intelligently.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may act on the information posted to the Website. .This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articless and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Nor are we liable for not removing such content from the Website.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of services formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale. Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
Linking to the Website and Social Media Features
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Spreely is based within the United States and does not have any presence of any kind outside of the United States. U.S. non-residents must not use the site for any purpose that would, if it occurred within the United States or any unincorporated territory of the United States, be unlawful under the federal law of the United States or under the laws of any state, federal district, territory or municipality of the United States.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of Florida, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in Tampa, Florida, before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law Florida. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.
Limitation on Time to File Claims
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Your Comments and Concerns