The School of Practical Philosophy Terms of Services
The TOS was last modified on October 31, 2007.
We hope you enjoy the SPP Website!
1. TERMS OF SERVICE
SPP provides the Website, the Content and the Services to you subject to the TOS. SPP may amend the TOS from time to time without notice to you, but if it does so, it will post the amended TOS on the Website. We encourage you to review the TOS from time to time for possible changes. Your continued use of or access to the Website, the Services or the Content after any amendment of the TOS signifies your agreement to the amended TOS. In addition, when using or accessing any Services or any Content, you will be subject to any additional posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.
2. SERVICES AND CONTENT
SPP currently provides users with various features and services, including bulletin boards, forums, and other interactive and non-interactive features, all of which may be updated, deleted or otherwise modified from time to time at the discretion of SPP. In addition, SPP also provides access to certain footage (video and audio), photographs, text, images, statistics, logos and other media and intellectual property related to or otherwise associated with SPP. The Service is currently free to all users. SPP reserves the right to charge for this Service or a subset of this Service in the future. All features, services and Content on the Website, are collectively referred to as the “Services”. Unless stated otherwise, the Website, the Services and the Content are subject to the TOS. You understand and agree that the Website, the Services and the Content are provided “AS-IS” and that SPP assumes no responsibility in connection with your use of the Website, the Services or the Content. The Website, the Services and the Content are provided for your personal, non-commercial use, entertainment and enjoyment. Under the TOS, you may download or stream certain Content and Services available on the Website to a single personal computing device for your personal use and entertainment. You may not use any of the Content or Services for commercial purposes. The Services may not be viewed in areas open to the public or in commercial establishments where multiple people can view it at the same time. Further, you may not copy, distribute, modify, republish, broadcast, retransmit or publicly display any of the Content or Services, create derivative works of them, charge admission for their viewing, or transmit or distribute running accounts of them, unless you have the prior written permission of SPP which permission may be withheld in SPP’s sole discretion. The Content is provided for your reference only, and you should not rely upon it for any purpose. SPP is not responsible for the Content’s accuracy and reliability. It is your responsibility to impose any viewing restrictions on other family members or guests, as you think appropriate. SPP is not responsible to you or anyone else based on the content of the Content or Services.
3. BACKGROUND INFORMATION
In order to use some of the Services, you may be required to register with SPP by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services that require registration, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or SPP has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, SPP has the right to suspend or terminate your password and refuse any and all current or future use of the Services.
5. USER PASSWORD AND SECURITY
You will receive a password upon completing the registration process for use of the specific Services that require registration. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You acknowledge and agree that SPP and their vendors have no responsibility or liability for any loss or damage arising from your failure to comply with this Section 5.
6. USER CONDUCT
You agree that in connection with your use of the Website, the Services and the Content you will not:
a. upload, post, email or otherwise transmit or link to any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone’s privacy, hateful, fraudulent, pornographic, profane, offensive, or racially, ethnically or otherwise objectionable, or that discloses personal or private matters concerning any person;
b. harm or attempt to harm minors in any way;
c. impersonate any person or entity, including, but not limited to, an SPP officer, trustee, tutor, member, associate member, or student attending classes and courses offered by SPP or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
e. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
f. upload, post, email or otherwise transmit any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
g. upload, post, email or otherwise transmit any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. interfere with or disrupt the Website, the Services, the Content or servers or networks connected to the Website, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the Services or the Content; or
i. intentionally or unintentionally violate, or encourage the violation of, any applicable local, state, national or international law.
7. USER MESSAGES
a. With respect to any messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit, post or upload to the Website and/or in connection with any of the Services (each, a “Message”), you are, by transmitting or uploading such Message, granting the SPP a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose and in any form. This license is granted automatically and no payment of any kind will be due to you. At times, SPP may solicit Messages from users. Your provision of any such Messages in response to a solicitation by SPP shall be subject to a grant of a license to SPP as specified above.
b. SPP has the right, but not the obligation, in its sole discretion, to review, edit or delete any Message or user name for any reason their sole discretion. SPP may also deny access to the Message features of the Website for any reason in its sole discretion. It is SPP’s policy to fully cooperate with law enforcement authorities and court orders which request or require SPP to disclose personal information or the postings of anyone posting Messages to the Website or any of the Services. Although SPP and its vendors may monitor and/or review Messages from time to time, they are under no obligation to do so and the SPP does not assume any liability or responsibility with respect to any Messages, including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
c. You acknowledge and agree that the Messages and your use name are not confidential, and may be read, intercepted by others, and accessible on the World Wide Web. You further acknowledge and agree that neither submission of Messages to the Website nor the TOS creates a confidential or fiduciary relationship between you and SPP or its vendors, and that SPP and its vendors may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Message violates the rights of third parties; or (d) protect the rights, property or personal safety of SPP, its users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Notwithstanding any other term of this Agreement or any act or failure to act by the SPP or their vendors, you agree to indemnify, defend and hold harmless SPP and it’s officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any claim or demand, including reasonable attorneys’ fees, arising out of (i) Messages you post to, submit or transmit through the Website or the Services (including any links to other World Wide Web sites or resources contained in such Messages), (ii) your use of the Website or the Services, (iii) your participation in any activities arising from the Website, (iv) your connection to the Website or the Services, (v) your violation of, or failure to perform your obligations under, the TOS or (vi) your violation of any rights of another.
9. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
SPP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Services (or any part thereof) with or without notice. You agree that the SPP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Services.
You agree that SPP and its vendors, in their sole discretion, may terminate your password or use of the Website and/or the Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if SPP believes that you have violated or acted inconsistently with the letter or spirit of the TOS. SPP may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SPP and its vendors may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services. Further, you agree that the SPP shall not be liable to you or any third party for any termination of your access to the Services.
11. SPP ADVERTISERS AND VENDORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the SPP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Website or in connection with the Services shall be at your sole risk.
12. THIRD PARTY MATERIALS, SERVICES AND EXTERNAL LINKS
The Website and/or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources; other World Wide Web sites or resources may provide links to the Website. Because the SPP have no control over such sites and resources, you acknowledge and agree that the SPP are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the SPP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource, or the actions of the operators of any such site or resource.
13. PROPRIETARY RIGHTS
You acknowledge and agree that (i) The School of Practical Philosophy® is a registered trademark of SPP, (ii) all SPP logos and marks, including “Philosophy Works” TM is a trademark of SPP, as well as all other proprietary materials depicted on the Website, the Services and the Content are the property of SPP and may not be reproduced without the prior written consent of SPP; and (iii) the Content, including, without limitation, news articles, press releases, statistics, player biographies, photographs, images, illustrations, audio and video clips, is the property of, or is licensed by SPP. You further acknowledge and agree that (i) any necessary software used in connection with the Website, the Services and the Content (the “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws and is either owned by or licensed to SPP; and (ii) content contained in sponsor advertisements or information presented to you through the Website, the Services and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the SPP or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use the Content, the Software or any derivative works based on the Website, the Services, the Content or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by SPP for use in accessing the Services. Other than a limited right of personal use in connection with your personal, non-commercial use of the Website, the Services and the Content, you will have no rights to the Software.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES, THE CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SPP EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
b. THE SPP MAKE NO WARRANTY THAT (i) THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE WEBSITE, THE SERVICES, THE CONTENT, OR THE THIRD PARTY MATERIALS WILL BE CORRECTED, AND (vi) THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SPP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SPP HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITE, THE SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE POSTING OR TRANSMISSION BY THIRD PARTIES OF DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, THE CONTENT OR THE THIRD PARTY MATERIALS. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY SPP, ITS AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE SPP SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE TERMS OF SECTION 17 ABOVE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE SPP ENTITES TO YOU EXCEED THE FEES PAID BY YOU (IF ANY) FOR THE SERVICE OR CONTENT GIVING RISE TO SUCH LIABILITY.
SPP may provide notices to you via email or postal mail. SPP may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Website or by posting an amended TOS on the Website. You may provide notices to SPP by email at email@example.com or by postal mail at The School of Practical Philosophy, 12 East 79th Street, New York, NY 10075-0106, U.S.A.
18. LINKING TO THE WEBSITE
No link to the Website may be “framed” to the extent such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the Website must be to http://practicalphilosophyonline.org, the Website home page. “Deep Linking” to internal pages of the Website is expressly prohibited.
19. GENERAL PROVISIONS
The TOS constitute the entire agreement between you and SPP and govern your use of the Website, the Services and access to the Content, superseding any prior agreements between you and SPP. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of SPP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
20. CHOICE OF FORUM AND GOVERNING LAW
USERS FROM OUTSIDE THE UNITED STATES SHOULD PAY PARTICULAR ATTENTION TO THE FOLLOWING:
THE TOS AND THE RELATIONSHIP BETWEEN YOU AND SPP SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. REGARDLESS OF YOUR PLACE OF RESIDENCE OR THE LOCATION FROM WHICH YOU USE THE WEBSITE, THE SERVICES OR THE CONTENT, THIS TOU CONSTITUTES AN AGREEMENT MADE IN THE STATE OF NEW YORK, USA. YOU AND SPP AGREE TO SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN THE COUNTY OF NEW YORK, NEW YORK.
PRACTICALPHILOSOPHY.ORG AND PHILOSOPHYWORKS.ORG ARE THE OFFICIAL WEB SITES OF THE SCHOOL OF PRACTICAL PHILOSOPHY®, AND ALL SPP LOGOS AND MARKS AS WELL AS ALL OTHER PROPRIETARY MATERIALS DEPICTED HEREIN ARE THE PROPERTY OF SPP AND MAY NOT BE REPRODUCED WITHOUT THE PRIOR WRITTEN CONSENT OF SPP. ALL RIGHTS RESERVED.
The School of Practical Philosophy admits students of any race, color, national and ethnic origin to all the rights, privileges, programs, and activities generally accorded or made available to students at the school. It does not discriminate on the basis of race, color, national and ethnic origin in administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other school-administered programs.