Terms of Service.

Welcome to Strawberry Pencil Magic (“SPM”) and reading these Terms of Service ("Terms") to understand your rights. By accessing or using the SPM applications, website, services, software, and/or content made available by Michael Girgenti and SPM ("the SPM Service", "we", and "us"), you agree to these Terms. If you don't agree to these Terms, do not access or use the SPM Service.

1. You and Your Account

By registering for the SPM Service you affirm that you are (i) 18 years of age or the applicable age of majority or older in your province, territory, or country, or (ii) an emancipated minor. You also affirm that you are fully able and competent to enter into these Terms and to abide by and comply with them.

If you register and subscribe, you agree to: (a) provide accurate and current information as prompted by the registration form; (b) maintain and update such information so that it is accurate and current at all times; (c) not share your password or unique ID or let anyone else access your account other than in those situations permitted under these Terms, or do anything else that might jeopardize the security of your account; (d) not use a username with the intent to impersonate another person or in a manner that infringes another person's rights; (e) not use a username that is obscene or vulgar; and (f) immediately notify us of any unauthorized use of your password or any other breach of security related to the SPM Service. WHEN YOU SHARE YOUR PASSWORD OR ALLOW A THIRD PARTY TO ACCESS YOUR SPM ACCOUNT, YOU AGREE TO REMAIN RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS BY ANY SUCH THIRD PARTY. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.

Your use of the SPM Service is subject to all applicable technical and non- technical specifications, guidelines and policies which we may provide from time to time including but not limited to the Privacy Policy (hereinafter collectively referred to as "the Policies") you agree and undertake to comply with the Policies. Right now, the SPM Service is only intended for use by citizens of the United States and Canada and anyone who accesses or uses the SPM Service from outside of the United States or Canada does so at her/his own risk and is responsible for compliance with applicable local laws.

2. Subscription Members

Although certain features and/or content of the SPM Service may be available at no charge to any user, other features and/or content may only be available to who agree to pay for a subscription plan (each, a "Subscription Member"). Each subscription plan may be described in more detail in other areas of the SPM Service. Any payment terms displayed to you in the process of becoming a Subscription Member are deemed part of these Terms.

3. Our License to You

We grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the SPM Service solely for personal, non-commercial purposes as permitted by these Terms and intended by us through the normal functionality of the SPM Service. This license to you will automatically terminate if you violate these Terms. Except for the foregoing limited license, no right, title or interest is transferred to you. We may allow you to store encrypted, cached content on your tablet, smartphone or other compatible internet-connected device. You may not transfer copies of cached content to any other device.

4. Your Conduct

You agree not to use the SPM Service to: (i) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (ii) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (iii) knowingly transmit any material that contains adware, malware, spyware, software viruses, 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; (iv) breach or circumvent any security or authentication measures (including geo-restriction measures); (v) attempt to decompile or reverse engineer any software contained on the SPM Service; (vi) remove any copyright, trademark, or other proprietary notations from any Content (as defined below) of other users; (vii) violate any local, state, national, or international law or regulation; (viii) stalk, harass, or harm another individual; (ix) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (x) interfere with or disrupt the SPM Service or servers or networks connected to the SPM Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the SPM Service; or (xi) rent or lease your account. You also agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the SPM Service in a manner that sends more request messages to the SPM Service servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.

5. Ownership; Restrictions On Use

All right, title, and interest in and to the SPM Service site and services are and will remain the exclusive property of Michael Girgenti and SPM and any successor and/or assigns. The content on the SPM Service, including without limitation, books, text, software, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the "SPM" word mark and design mark, as well as certain other of the names, logos, and materials displayed on or through the SPM Service that constitute trademarks, tradenames, service marks or logos ("Marks") are owned by or licensed to Michael Girgenti and SPM and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the SPM Service or any portion of the SPM Service, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by us or our applicable licensors. You also agree to view Content (including but not limited to books and videos) as made available through the SPM Service only in geographic locations where we offer the SPM Service and have licensed such Content. The SPM Service is provided for your personal, non-commercial use only. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.

6. Content Availability

The SPM Service provides its users with access to books and other Content streamed through the Internet to certain devices. The availability of these books and other Content may change from time to time, and from geographic territory to territory, for a number of reasons (including publisher deals and available Internet bandwidth). As a result, we do not guarantee that any Content will be available or remain available on the SPM Service (including during any subscription period for a Subscription Member).

Mobile Networks. If you access the SPM Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain SPM Service features may be prohibited or restricted by your network provider and not all SPM Service features may work with your network provider or device.

7. Termination

Your right to use the SPM Service automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the SPM Service. We reserve the right, in our sole discretion, to terminate your access to all or part of the SPM Service, for any reason, with or without notice.

8. Links 

Links. For parents or educators, the SPM Service may contain links to third party websites or interact with third party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by the SPM Service. Our provision of a link to any other website or third party application is for your convenience only and does not signify our endorsement of such other website or resource or its contents. WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR THIRD PARTY APPLICATION.

9. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SPM SERVICE IS AT YOUR SOLE RISK. THE SPM SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPM AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SPM SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). We make no warranties or representations about the accuracy or completeness of content available on or through the SPM Service or the content of any websites linked to the SPM Service and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the SPM Service or the Content on the SPM Service; (iii) any unauthorized access to or use of our secure servers and/ or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the SPM Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the SPM Service by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on or through the SPM Service.

10. Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MICHAEL GIRGENTI, SPM OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SPM SERVICE.

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 and disclaimers may not apply to you. To the extent SPM may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Michael Girgenti, SPM, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, , feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the SPM Service; (b) your (or anyone using your account's) use of the SPM Service; (c) your (or anyone using your account's) violation of these Terms; or (d) your (or anyone using your account's) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret, right of publicity/privacy, or other proprietary rights of any person or entity. SPM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SPM in asserting any available defenses.

12. Disputes

These Terms shall be construed and enforced in accordance with the laws of the State of California without regard to any choice of law or conflict of laws principles, regardless of where you live. You will resolve any claim, cause of action or dispute you have with us arising out of or relating to these Terms or the SPM Service exclusively in a state or federal court located in Los Angeles County, California. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigation all such claims or causes of action.

13. Communications

By using the SPM Service, you agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communications requirement (including that such communications must be in writing).

14. Miscellaneous

These Terms, together with any other rules or guidelines posted in connection with the SPM Service constitute the entire and exclusive and final statement of the agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the SPM Service. These Terms are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate our rights and obligations under these Terms without consent from you. The section and subsection headings in these Terms are for convenience only and shall not affect their interpretation. Unless otherwise specified in these Terms, all notices must be in writing and will be treated as given on receipt, as verified by written automated receipt or by electronic logs (as applicable).

15. Changes

We may, in our sole and absolute discretion, change these Terms from time to time. If we do, we will update this posting, send you notice through the SPM Service, or email you. Your continued use of the SPM Service constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse will be to stop using the SPM Service.

16. Legal

Strawberry Pencil Magic and the Strawberry Pencil Magic logo are trademarks of Michael Girgenti.