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PrivacyTerms

 Terms of Use

 Agreement License

 SPS includes internet sites of different versions, a mobile site, applications, software, systems, and components of other systems that interface with the SPS engine and/or the SPS data storage in any form whatsoever. SPS enables to save, edit, share locations among users and/or any other source, create locations, and additional diverse actions related to the issue of locations. SPS is not liable for any information, content, data, and anything whatsoever that is incorrect and/or inaccurate and/or for any action and/or result and/or damages of the users while using the system and/or the data of SPS. SPS in the beta version is not liable for any problem in the SPS system, including server downtime, technical problems, problems to view and manage information and/or data, systems’ failure, application failure and/or bugs in any of the SPS parts and any results of these problems. The users have an obligation to check the locations before they send and/or share them with others in any way and/or form whatsoever. SPS reserves the right to terminate the services and/or some of them at any time whatsoever and without notice in advance. SPS reserves the right to change the legal location and to transfer it to any country around the globe at any time whatsoever and without notice in advance. SPS is not liable in any way and/or form whatsoever in the event that for any deliberate and/or incidental reason and/or malfunction and/or for any reason whatsoever information and/or data that were flagged as “private” are displayed as “public” and/or deleted and/or transferred to any third party. SPS is not liable in any case for any use made by a third party of the data and/or their flagged locations in the SPS system and in its data storage. SPS reserves the right to use the data for any action it may take, including additional services such as different applications and/or applications of a third party which uses the SPS system for other purposes and/or other services and/or other applications, in any way and/or form whatsoever. SPS is not liable for any damage that may occur and/or will be made use of and/or during a hacking and an illegal and/or legal access into the systems and/or into the data storage of SPS. SPS reserves the right to save and/or delete and/or edit and/or change according to its professional discretion and/or exclusive in any case of data that are in SPS’s opinion incorrect and/or are being used for an illegal purpose and/or in contradiction to the regulations and/or the use rights. SPS cares about the privacy of the users of its service. Its policy regarding data collection, data use and data protection are detailed hereby. Data collection: During use of the service, the user will be requested to provide certain information, which might include, among others, name, address, e-mail address and payment method details. In addition, technical information might be collected, such as IP addresses of computer used to visit the website, and "cookies" might be stored at the user's browser. SPS may also collect locations of users. Such collection of data is meant to improve the service and keep him updated with services and special offers and information that might be of interest. Data protection: The website respects the privacy of the users and uses advanced security measures to keep the data provided by the users secure. Nevertheless, and despite these efforts, there is no absolute certainty that the data will not be exposed to third parties in the event of hacking the website and apps or any other unauthorized access in the user's data. The user acknowledges that SPS will bear no liability whatsoever and waives any claim against SPS in any such event. Use of data: SPS undertakes using the users' personal details pursuant to these terms of use only. The website will use the stored data to customize and improve the users' browsing experience in the website. It is easy to prohibit the local storage of cookies. Most browsers will allow you to erase cookies from your computer's hard drive, block acceptance of cookies, or receive a warning before a cookies is stored. Please note that if you block or erase cookies, your online experience may be limited. We also may use third party cookies. These cookies are stored on your computer by third parties, rather than by SPS. Third party cookies usually store only a non-personal Information, such as the web pages you have visited, the duration of your browsing, etc. Data transfer to third parties: SPS will transfer the user data to third parties in the following events only: In case SPS is obliged to do so under judicial order. In case SPS and the user become opposing parties in legal proceedings. In case the user breached the terms of use, and such transfer of data is necessary for SPS to enforce its rights. In order to detect, prevent or otherwise address fraud, security or technical issues. To allow our partners and affiliates serve you with commercials.

 Terms

 Terms of Use - SPS website and app

 The SPS website and app - http://www.SPS-APP.com ("the service" or "SPS"). Prior to using the website/App or its services, you are requested to read the following terms of use carefully. The service and its content are owned, operated and provided solely by SPS, a limited liability company The website allows users to enter SPS application, available for download on mobile phones. SPS is a location based application, available on Google and Apple Apps. SPS allows users to store share and send their locations via web transmissions or through Text messages. You can log into your SPS account by registering as a user or by using your Facebook account. Once logged in, you can share your location with your friends, edit and save prior locations, suggest a location for meetings with friends, view your current location over a map, tweet and post a Facebook update of your location. SPS also allows users to save their history and favorite locations. you can share your location with your friends, edit and save prior locations, suggest a location for meetings with friends and other people, view your current location over a map, text, mail, tweet and post a Facebook update of your location and future events locations. SPS also allows users to save their history and favorite locations

  Agreement between the user and SPS

 These terms of use constitute the exclusive legal basis for any litigation proceeding relating to the use of SPS services provided therein or any other related matter between the user and SPS or any representative associate or affiliate thereof. Using the website and application or its services indicates that the user has read, understood and fully accepted all provisions of these terms of use. Any right not expressly granted to user in these terms of use is reserved to SPS. These terms of use are personal: duties or rights created herein are inalienable. User must have the legal capacity needed and be capable of entering a contractual relationship without a custodian's approval. SPS will not be bound In the event of a minor using the website. The user declares that the personal details provided while signing up to the website or using its services concerning his identity are true, accurate, up-to-date and complete. The User also declares that the Facebook profile used to log in the system is true. It is hereby absolutely prohibited to use personal details of another individual, impersonate another or use a false identity or use fake Facebook profile. The User also declares that he will not misuse and/or copy the locations including any other information generated and/or provided by SPS. The User is not entitled to change, delete or copy the locations generated by SPS

Using SPS

The exact URL address of the website must appear in the browser's address bar in the user's interface. The user shall not change, hide or replace this URL address. The user does not acquire any right in the website's program and / or in the copyright and / or other rights incorporated into the website, or any rights related to the website. The user acquires a license to use SPS as detailed in these terms of use only. Any use of the website and / or its applications and / or its contents by the user is prohibited unless explicitly stated otherwise in these terms of use.

Copyright and trademarks

 The content on the Site and App, except all User Submissions, third-party links, , including without limitation, the software, scripts, text, graphics, photos, interactive features and the trademarks, service marks and logos contained therein ("Third Party Content"), are owned by us and are protected by copyright and other intellectual property rights under international laws and conventions. All Third Party Content displayed and used in this Site are provided to you "AS IS" for your information and personal use only, and are the property of their respective owners. Nothing in this Site should be constructed as granting any right or license to use any Third Party Content without the written permission of its owner.

License to use SPS

 The user is granted a nonexclusive license to use the website and application. Such use is permitted only in accordance with these terms of use. License limitations and forbidden use The user shall not transfer, assign, sell, resell, lease, sub-license, share, or otherwise alienate his or her license to use the website and/or application to a third party. Any person who uses the website without having a valid license will be liable towards SPS and obliged to compensate it. No defense or claim shall be available to such unlicensed user, including but not only: implied license, a license granted to him by a third party, a license transferred to him by a third party or any other defense or claim. The user undertakes not to make any use of the website and/or application or its services that is illegal, tortious, obscene, invasive of another’s privacy or otherwise offensive. The user undertakes not to make any use contrary to these terms of use. The user undertakes not to use the website in a manner that may hinder or stop the regular functioning of the service provided by SPS, or impair other users' experience within the website. Also, the user undertakes to refrain from obtaining or trying to obtain data or material from SPS in any means other than those made available by SPS for the website users. The user undertakes to refrain from collecting data concerning other users of the service. Penetrating the computer system of the website constitutes a felony under Law.

User's representations and warranties

The user represents and warrants the following:

1. The user owns the Intellectual Property Rights or a valid license or authorization to use Content he uses including locations or any other information shared and used within the framework of SPS. 2. The user will not, and has no intention whatsoever of using the service to infringe any intellectual property rights of another including, but not limited to, copyright or trademarks, or using the website and its services to misrepresent his [the user's] affiliation with a another website, person or entity.

3. The user will not, and has no intention whatsoever to, use the service to perform any action that is illegal, tortious, obscene, invasive of another’s privacy or otherwise offensive.

 4. The user undertakes and warrants that SPS in entitled to make use of all locations generated by the client except for private locations as indentified by the user.

 The availability of the service

 Although SPS does the utmost to ensure uninterrupted service through the website and apps, it does not warrant the nonoccurrence of interruptions or distractions to the website's regular service. SPS will not be liable for any damage, direct or indirect, that may be caused to the user due to such service interruption.

 Intellectual property rights

 All intellectual property rights of the service and its contents, including any software incorporated therein, the website's design, the Apps design, pictures, graphic files, applications, source code, text, and / or any other material or data, belong to SPS or to a third party that has authorized the use within the service. It is prohibited to copy or duplicate in any manner, fully or partially, make available to another, make available to the public, spread, perform in public, transfer to public domain, alter, process or create a derivative product, sell or rent any part of these contents, in whatever instrument or medium without being granted an explicit license to do so from SPS and / or the owner of that content. Any use of the trademarks and logos that appear in the website without prior written authorization given from SPS is prohibited. The user undertakes not to infringe in any way SPS's copyright or intellectual property rights whether directly or indirectly. The user undertakes not to make any use, directly or indirectly, of a trademark used in the website, unless he obtains prior written consent from SPS. Any use infringing the copyrights and / or intellectual property rights owned by SPS or by a third party as detailed in these terms of use, constitutes sufficient grounds for SPS to refuse to provide the user with service, without prior notice. The user will bear all the costs and expenses caused to SPS and / or its customers and / or its suppliers and / or to the user himself due to this infringement and / or due to the refusal to provide the user with service, without prejudice of any other relief SPS is entitled to, whether by power of the law or by power of contract.

Limitation of liability

SPS shall not be responsible and / or liable for any actions of the user, including, but not limited to, actions that infringe the intellectual property rights of a third party, actions that may constitute defamation of a third party, actions that may constitute passing off, action that are illegal, tortuous, obscene, invasive of another’s privacy, or any other action by user that may create a cause of action for a third party. In such cases the user will bear all responsibility towards the third party. SPS shall not be responsible towards the user in the event that the computer or any other end device or program installed thereon, including an internet browser or a media player, are not compatible with or fail to meet the technical requirements for the use of the website. It is exclusively the user's duty to ensure the compatibility of the end devices, thus he waives any claim based on absence of such compatibility. The website may contain links to other websites. Those websites are not controlled by SPS. Therefore SPS bears no liability as to their content. Advertisements may appear in the website, including banners promoting products / services. SPS bears no responsibility or liability for these advertisements and the user declares that he shall have no claim against SPS related to such external content.

 Indemnification

The user will compensate and indemnify SPS, its employees, managers, agents, licensees, colleagues and partners (The "Representatives") for any claim, law suit, damage, loss, loss of profit, payment, expense, including any interest payment, legal fees and reasonable counsel fees, that might be caused to SPS and / or its aforementioned Representatives, resulting from the user's breach of or non-compliance with these terms of use, his warranties, his representations, his undertakings given herein, and / or with his duties under the law and / or his breach of third party rights and / or his failure to meet his or her legal duty. Such indemnification shall not prejudice any legal relief SPS and its aforementioned Representatives are entitled to. The user hereby confirms that the above duty of indemnification will be valid regardless of whether SPS is an official party to related legal proceedings. Without any prejudice of the aforesaid, the user will indemnify SPS immediately after receiving a written demand to do so. The user will be estopped from raising a claim against SPS and / or its representatives concerning the boundaries and the extent of SPS 's liability. In any case SPS will be found liable towards the user, its liability shall not exceed the amount charged by SPS for its services.

Privacy Policy

SPS cares about the privacy of the users of its service. Its policy regarding data collection, data use and data protection are detailed hereby. Data collection: During use of the service, the user will be requested to provide certain information, which might include, among others, name, address, e-mail address and payment method details. In addition, technical information might be collected, such as IP addresses of computer used to visit the website, and "cookies" might be stored at the user's browser. SPS may also collect locations of users. Such collection of data is meant to improve the service and keep him updated with services and special offers and information that might be of interest. Data protection: The website respects the privacy of the users and uses advanced security measures to keep the data provided by the users secure. Nevertheless, and despite these efforts, there is no absolute certainty that the data will not be exposed to third parties in the event of hacking the website and apps or any other unauthorized access in the user's data. The user acknowledges that SPS will bear no liability whatsoever and waives any claim against SPS in any such event. Use of data SPS undertakes using the users' personal details pursuant to these terms of use only. The website will use the stored data to customize and improve the users' browsing experience in the website. It is easy to prohibit the local storage of cookies. Most browsers will allow you to erase cookies from your computer's hard drive, block acceptance of cookies, or receive a warning before a cookies is stored. Please note that if you block or erase cookies, your online experience may be limited. We also may use third party cookies. These cookies are stored on your computer by third parties, rather than by SPS. Third party cookies usually store only a non-personal Information, such as the web pages you have visited, the duration of your browsing, etc. Data transfer to third parties: SPS will transfer the user data to third parties in the following events only: In case SPS is obliged to do so under judicial order. In case SPS and the user become opposing parties in legal proceedings. In case the user breached the terms of use, and such transfer of data is necessary for SPS to enforce its rights. In order to detect, prevent or otherwise address fraud, security or technical issues. To allow our partners and affiliates serve you with commercials.

 Changing these terms of use

SPS will act to update the user concerning any change in the terms of use through a notice in the website. The notice will include the amended provisions, or make reference thereto. However, it is the exclusive responsibility of the user to be informed if any changes are made in the terms of use. Questions concerning Privacy policy: If have any questions (or comments) concerning our Privacy Policy, you are mostly welcome to send us an email from the website following address www.sps-app.com and we will make an effort to reply within a reasonable timeframe.

Conflict resolution, choice of law and choice of forum

These terms of use will be construed and governed by the laws of the Mexico. The parties agree to try and resolve every dispute that might arise between them, including disputes concerning the use of the website and / or these terms of use, the website's privacy policy and / or concerning the services provided by SPS, through direct negotiations. In case the parties fail to resolve the dispute through such negotiations, they will resort to arbitration. The arbitrator will be in Mexico. attorney whose field of expertise is Internet and electronic trade law. The arbitrator's identity will be determined by the head of the Mexico Bar Association, following the request of either party. The arbitration will be held in Mexico. The arbitrator shall have the power to issue injunctions. The arbitrator will not be bound by evidentiary law and substantive law. The arbitrator will be obliged to set forth the grounds and reasoning for his or her final decision. This section constitutes an arbitration agreement between the parties in accordance with the Mexico Arbitration Law. Without derogating from the aforesaid, in any matter that is not within the arbitrator's authority, or in any instance where this arbitration agreement shall not be in force, the local jurisdiction / venue in all matters concerning these terms of use agreement, including these terms of use's validity, interpretation and / or breach thereof will belong exclusively to the competent court in Mexico and will be governed by Mexico law. Before the arbitration proceeding begins, the arbitrator will disclose to the parties all the relevant information concerning his or her direct or indirect relationships with either party and / or interested party and /or entities related to the parties, if any. After hearing the parties reservations in this matter and as to his or her ability to objectively decide in the arbitration, the arbitrator will be the authorized party to decide whether he or she will continue to hold the arbitrator's position. The user explicitly agrees to the aforesaid choice of forum clause, and waives any right to oppose the determination of the competent court pursuant to this agreement, including not raising a Non Convenience Forum claim or any other claim. Shall SPS be sued by a third party, in any legal proceeding, based on the user's act or failure to act, SPS will be entitled to join the user as a party to that proceeding, and the above arbitration agreement will be suspended. The records in the website's computer databases regarding activities done within the website shall be deemed determinant evidence for such activities. The use of the website is prohibited in jurisdictions that do not grant full validity to all covenants of these terms of use.

 Admissibility in legal proceedings

A printed version of these terms of use and of every message delivered in electronic manner will be admissible evidence in legal or administrative proceedings, based on or related to these terms of use, to a similar extent as business records originally produced and saved in physical form.

 Interpretation of these terms of use

Since the internet is a rapidly changing medium, the user agrees not to construe these terms of use narrowly against SPS. Any right that has not been explicitly granted to the user is reserved to SPS.

Contact

Self-identifying users are welcome to contact SPS for every clarification concerning the website or these terms of use. SPS will provide them with a response in the earliest possible convenience. SPS's contact options are as follows: www.sps-app.com