Effective Date: October 2018

These Terms of Service (“Terms”) govern your use of the websites, mobile applications and related services (collectively, the “Services”) provided by Spektacom Technologies Pvt Ltd, an Indian company, (referred to as “Company”, “Spektacom”, “we” or “us”), having its principal place of business at #185, “ISHTA” – 2nd Floor, 17th Main Rd, Banashankari Stage II, Bengaluru, Karnataka - 560070, India.

  1. Acceptance of Terms
    1. 1.1 These Terms apply to all users of the Services. By using the Services in any manner, you accept and agree to be bound and abide by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.
    2. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you disagree with any part of the Terms, then you are not permitted to use the Services.
  2. Changes to the Terms
    1. Spektacom reserves the right to modify or update the Terms from time to time. Your continued use of the Services following the date on which the amended Terms are posted here means that you accept and agree to the amended Terms.
  3. Content
    1. "Content" means any form of information, data or expression and includes, without limitation, video, audio, data generated from devices/equipment, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, "likes," comments, software, scripts, executable files, graphics, biometric data and data elements derived therefrom, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services. “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services.
    2. We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.
    3. When you provide User-Generated Content through the Services, you grant Spektacom and our users a non-exclusive, irrevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform to the requirements of any networks, devices, services, or media through which the Services are available), commercialize, create derivative works of, and otherwise exploit such User-Generated Content in connection with any and all Services.
    4. You acknowledge and agree that: (a) we have the right to arrange the posting of User-Generated Content in any way we desire; (b) Spektacom has no obligation to provide you with any credit when using your User-Generated Content, but if Spektacom chooses to provide you with credit, the size and placement of the credit is at our sole discretion; and (c) you are not entitled to any compensation or other payment from us in connection with the use of your User-Generated Content.
    5. The rights you grant in this license are for the purposes of allowing Spektacom to operate and allow other users to use the Services in accordance with their functionality, improve the Services, and develop new Services.
    6. You understand and agree that you are solely responsible for the User-Generated Content which you post or share on or through the Services and any loss or damage which you sustain as result of such User-Generated Content is solely your responsibility. We reserve the right to monitor, remove or modify User-Generated Content for any reason and at any time, including User-Generated Content we believe violates these Terms, and/or our policies.
    7. In addition, User-Generated Content, including advice, statements, or other information, are not produced by Spektacom, and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability.
    8. You agree you will respect the intellectual property rights of others. You represent and warrant that you have all the necessary rights to grant Spektacom the foregoing license for all User-Generated Content you submit in connection with the Services and will indemnify us for any breach of this representation and warranty.
    9. Following termination of your Account (defined hereinafter), or if you remove any User-Generated Content from the Services, we may retain your User-Generated Content for a commercially reasonable period of time for backup, archival, or audit purposes, or as otherwise required or permitted by law. Spektacom and its users may retain and continue to use, store, display, reproduce, share, modify, create derivative works, perform, and distribute any of your User-Generated Content that otherwise has been stored or shared through the Services.
  4. Accessing the Services and Account Security
    1. Spektacom reserves the right to withdraw, suspend, extend, terminate, continue or amend the Services, and any material that it provides on its websites or mobile applications, in its sole discretion without notice. Spektacom will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.
    2. You are responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
    3. You would need to have an account with Spektacom (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
      1. If you are individual, you are at least the “age of majority” where you live and if you are under the “age of majority”, you may use the Services only with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities. The age of majority for each country is set out in Schedule 1 of these Terms.
      2. All information which you provide is accurate, up to date, truthful and complete.
      3. If you are representing a company, organization or any other legal entity (“Entity”), you have authority to bind the Entity to these Terms.
      4. You are capable of entering into and performing legally binding contracts under applicable law.
      5. You shall not set up multiple Accounts, or transfer or sell your Account or user ID to another party. You must not use another user's Account without their permission.
      6. You are responsible for all activities under your Account. You, therefore agree to:
        • Keep your password secure.
        • Keep your account information up to date at all times.
        • Comply with Spektacom’s policies and all applicable laws with respect to your activities and the content which you upload to the Services.
    4. Please note that by accessing or using the Services, your personal data and User-Generated Content that you share with one part of the Service may also be shared among the entirety of Spektacom and its Services.
      1. You are responsible for maintaining the confidentiality of any and all actions that take place while using your Account and must notify our support team right away of any actual or suspected loss, theft, or unauthorized use of your Account or password. We are not responsible for any loss that results from unauthorized use of your username and password.
      2. You have the right to delete your Account with us by contacting our support team. If you choose to permanently delete your Account, the non-public personal data that we have associated with your Account will also be deleted.
      3. You acknowledge, consent and agree that Spektacom may access, preserve and disclose your Account information and User-Generated Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Spektacom or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Spektacom, its users and/or the public.
  5. Use of Services
    1. Subject to your compliance with these Terms, we grant you a limited, revocable, personal, non-transferable, and non-exclusive right and license to access and use the Services for your own personal, non-commercial purposes, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, sell, assign, sublicense, grant a security interest in, transfer or otherwise commercially exploit any right in the Services. You shall use the Services only for lawful purposes and in accordance with these Terms.
    2. You agree not to use the Services:
      1. For any purpose for which it is not designed or intended.
      2. For any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein.
      3. For fraudulent purposes.
      4. To copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.
      5. To make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.
      6. To harvest or collect any information about or regarding other account holders, including without limitation any personal data or information.
      7. To upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
      8. In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
      9. To upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
      10. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
      11. To impersonate or attempt to impersonate Spektacom, its employee, another user or any other person or entity including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
      12. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by Spektacom, may harm Spektacom or users of the Services or expose them to liability.
      13. In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
      14. To upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
      15. To post deceptive or fraudulent links which includes links with misleading descriptions, putting the wrong "source" field in a post, setting misleading click-through links on images, or embedding links to pop-up ads.
      16. To send, post, or otherwise communicate any content which is unlawful, offensive, abusive, indecent, threatening, abusive, insulting, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
      17. To harm minors in any way.
      18. Collect any information in respect of other users without their consent.
    3. If we determine you are violating the above terms of usage or otherwise have breached the Terms, we may act to address the issue, including, but not limited to, terminating your right to use the Services, taking legal action against you (in which case you agree that we may recover reasonable costs and attorneys' fees) or disclosing information to law enforcement authorities.
    4. You acknowledge that Spektacom may or may not pre-screen Content, but that Spektacom shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, Spektacom shall have the right to remove any Content that violates these Terms, if we receive a complaint from another user, if we receive a notice of intellectual property infringement or other legal instruction for removal, or if such Content is otherwise objectionable. We may also block delivery of a communication (including without limitation status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our users, or otherwise enforce the provisions of these Terms. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Spektacom or submitted to Spektacom.
  6. Anti-spam
    1. Spektacom does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its Services. Spektacom does not permit or authorize others to use the Services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses. Spektacom does not permit or authorize any attempt to use its Services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party’s use and enjoyment of the Service.
    2. If Spektacom believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Spektacom may immediately terminate any Account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates these Terms.
    3. Nothing in these Terms is intended to grant any right to transmit or send e-mail to, or through the Services. Failure to enforce these Terms in every instance does not amount to a waiver of rights of Spektacom.
    4. Unauthorized use of the Services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of these Terms, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.
  7. Service Updates
    1. The Services change frequently, and their form and functionality may change without prior notice to you. We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, "Updates").
    2. Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services.
    3. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.
  8. Interaction
    1. Some of our Services may include reviews, discussion forums, conversation pages, blogs or other interactive areas or social features that allow you and other users to post User-Generated Content and interact with one another ("Interactive Areas"). You are solely responsible for your use of the Interactive Areas and for any User-Generated Content you post, including the transmission, accuracy and completeness of the User-Generated Content.
    2. You are solely responsible for your interactions with other users, whether online or in person, including but not limited to comments, challenges, and friendly competition. We assume no responsibility or liability for any loss or damage resulting from any interaction with other users who employ the Services, individuals you meet through the Services, or individuals who find you because of Content posted on, by or through the Services. Spektacom is under no obligation to become involved in and disclaims all liability related to any disputes between its users and you release Spektacom from all responsibility and liability arising out of or in connection with such dispute.
  9. Intellectual Property Rights
    1. You acknowledge and agree that the website, mobile application and its entire contents, features and functionality (including but not limited to the Content), are owned by Spektacom, its licensors or other providers of such material and are protected by the applicable copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of Spektacom. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by Spektacom.
    2. The Services may utilize or include third-party software that is subject to open source and third-party license terms (“Third-Party Software”). You acknowledge and agree that your right to use such Third-Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third-party licenses applicable to such Third-Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third-party licenses, the terms of the open source or third-party licenses shall prevail with regard to your use of the relevant third-party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.
    3. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website or the mobile application, except as follows:
      1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
      2. You may store files that are automatically cached by your web browser for display enhancement purposes.
    4. The name and all related names and logos of Spektacom, and all related marks, names, logos, product and service names, designs and slogans are trademarks of Spektacom or its affiliates or licensors. You must not use such marks without the prior written permission of Spektacom. All other names, logos, product and service names, designs and slogans on the website or the mobile application are the trademarks of their respective owners.
  10. Privacy
    1. Spektacom's Privacy Policy, which is available on this page, is hereby incorporated into these Terms.
  11. Social Media and Third-Party Applications
    1. You may enable or log in to the Services via various online third-party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. As part of this integration, the Social Networking Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy
    2. The third-party services (including Social Networking Services) that use, store, and disclose your information is governed solely by the policies of such third-party services, and we have no liability or responsibility for the privacy practices or other actions of any third-party website or service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.
    3. The Services may contain links to other web sites operated by third parties. Such third-party web sites are not under the control of Spektacom. Spektacom is not responsible for the content of any third-party web site or any link contained in a third-party web site. Spektacom provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party web sites.
    4. You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities ("Third-Party Applications") via our Services. If you choose to access these Third-Party Applications, you may be requested to log in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.
  12. Spektacom Products
    1. Spektacom may offer a variety of products and services, including devices, and other hardware, and content, e-commerce websites and applications ("Spektacom Products"). Additional e-commerce terms and conditions may apply to Spektacom Products, which will be made available through the Services.
  13. Fees and Payments
    1. Depending on the nature and functionality of the Services, you may be charged subscription fees, premium services fees and/or fees and charges otherwise in relation to your Account (collectively, the “Fees”). You can choose to pay the Fees on a monthly or annual basis.
    2. For payment of the Fees, you must first designate and provide information about your preferred payment method ("Payment Method"). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit the appropriate Fees and for any other purchases you elect to make via the Services.
    3. Unless otherwise stated, all Fees due are payable in advance, and will be billed automatically to the Payment Method when due. All Fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms.
    4. You acknowledge and agree that:
      1. in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, the Services will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date;
      2. If your credit card has expired, or if you wish to use a different credit card, please notify us promptly by sending an email to info@spektacom.com at least 15 days before your next subscription fee payment is due;
      3. You shall make prompt payment of all Fees, in full before the due date stipulated by Spektacom for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to Spektacom, without prejudice to any other rights or remedies available to us, Spektacom shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of [1.5]% per month or the maximum rate allowed by applicable law. You shall pay such fees together with the overdue Fees and any legal fees and collection costs incurred by Spektacom in collecting any past due amounts;
      4. in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. Spektacom reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and
      5. you are responsible for paying any taxes associated with using the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.
    5. By providing the account information for a credit or debit, you represent and warrant, that: (i) you are legally authorized to provide such information to us; (ii) you are legally authorized to perform payments from the account(s) you have provided to us; and (iii) such action does not violate the terms and conditions applicable to your use of such account(s) or applicable law. When you authorize a payment using any such account(s) via the platform, you represent and warrant that there are sufficient funds or credit available to complete a payment using such account(s).
    6. In order to provide the payment services, you acknowledge that Spektacom may integrate the services provided by certain service providers, subcontractors, partners and/or agents (“Payment Service Providers”) into the platform and that Payment Service Providers provide its payment processing services subject to their terms. In order to use the payment services, you agree to comply with such additional terms, as the same may be modified by the Payment Service Providers from time to time.
  14. Warranty
    1. You acknowledge and agree that the Services are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion. Spektacom does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and Spektacom’s servers are free of viruses or other harmful components.
    2. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.
    3. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications (including problems inherent to the computer or electronic device you use). Spektacom is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
    4. No advice or information, whether oral or written, obtained by you from Spektacom or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that Spektacom has no obligation to support or maintain the Services.
    5. Spektacom disclaims any and all liability or responsibility in relation to the Content made available through the Services, including but not limited to the User-Generated Content or any third-party content and services. Spektacom is not responsible or liable in any manner for the third-party content and services associated with or utilized in connection with the Services, including the failure of such third-party content and services.
  15. Limitation of Liability
  16. Indemnity
    1. To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Spektacom, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) the User-Generated Content you access or share through the Services; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.
  17. Arbitration
    1. To the maximum extent permitted by applicable law, you and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the Indian Council of Arbitration. Any arbitration between you and us, to the extent necessary, will be conducted in India, and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum. The arbitration will be conducted in English.
  18. Governing Law and Jurisdiction
    1. You hereby agree that the laws of India shall govern these Terms and that the courts of India shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
  19. International Terms
    1. We provide our Services for a global community of users. Therefore, you agree to transfer information outside your home country to us, and that you will follow all the laws that apply to you.
    2. You consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any personal data, to and in India and/or other countries. You agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Spektacom or its affiliates to any registration requirement within such jurisdiction or country.
    3. Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or damages under mandatory law, so some of the exclusions and limitations in these Terms may not apply to you.
    4. Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow limiting or excluding our liability or your rights if you are a consumer for the purposes of the applicable consumer laws, so some of the exclusions and limitations in these Terms may not apply to you.
  20. Survival
    1. If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation terms relating to ownership and use of Content, warranties, limitations of liability), indemnification, disputes and arbitration, jurisdiction and venue, and survival.
  21. Miscellaneous
    1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and us with respect to your use of the Services.
    2. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
    3. Any failure by Spektacom to exercise its right or require performance of an obligation in these Terms shall not affect Spektacom’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.
    4. You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. Spektacom reserves the right to delegate, sub-contract or otherwise arrange for any related corporations, service providers, partners, subcontractors and/or agents to perform any part of the Services as Spektacom deems appropriate.
    5. Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitute acceptable notice to you under the Terms. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., "junk" or "spam" folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.
  22. Contact Us
    1. If you have any feedback, questions or comments about the Services, please contact us at info@spektacom.com or by phone at [Coming Soon]. Please be sure to include in any email or postal mail your full name, email address, postal address, and your message.
    2. If you choose to provide any ideas or feedback, you may do so by accessing [ http://spektacom.com/contact]. You agree that we are free to use the ideas you submit without any restriction or compensation to you. By accepting your submission, Spektacom does not waive any rights to use similar or related feedback previously known to Spektacom, developed by our employees, or obtained from sources other than you. You certify and represent that the information or feedback you submit to us through the Services is not confidential or proprietary information.