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Terms of Use - Privacy Policy - Copyright Policy

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Terms of Use

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the www.dropspot.co website or mobile app (the "Service").

1. www.dropspot.co ("DropSpot," "we," or "us") offers an online platform and community through the www.dropspot.co website, mobile application, and other DropSpot-operated sites or apps (collectively, the "DropSpot Site") and related mobile and online services (collectively the DropSpot Site and the "DropSpot Service").  By registering as a member or by using the DropSpot Service in any way, you accept these Terms of Service ("Agreement"), which forms a binding agreement between you and DropSpot.  If you do not wish to be bound by this Agreement, do not use the DropSpot Service.

2. License to Use the DropSpot Service

LICENSE: DropSpot grants you a limited, non-exclusive license to access and use the DropSpot Service for your own purposes. This includes the right to view content available on the DropSpot Service and to create and post pins (“Pins”) based on locations you have visited or are otherwise interested in. This license is personal to you and may not be assigned or sublicensed to anyone else.   

UNDERSTANDINGS/RESTRICTIONS: You understand that the content on the DropSpot Site is owned by DropSpot and/or its licensees and that your rights to any content are limited to the rights contained herein, including our Copyright Policy located at http://dropspot.co/CopyrightPolicy

You agree that DropSpot has the right to post and display your Spots on the DropSpot Site.   You further agree that although you are encouraged to reproduce, redistribute, sell, create derivative works based on the the content and functionality of Service outside of the DropSpot Site, you may not do so to create competing products by benchmarking the functionality or user experience.  Additionally, you will you take any measures to interfere with or damage the DropSpot Service.   All rights not expressly granted by DropSpot are reserved.

 

3. Privacy

Your privacy rights are set forth in our Privacy Policy, located at http://dropspot.co/PrivacyPolicy , which forms a part of this Agreement. Please review the Privacy Policy to learn about:

What information we may collect about you;

What we use that information for; and

With whom we share that information.

 

4. Membership

REGISTRATION: To fully use the DropSpot Service, you must register as a member by providing a user name and phone number. You must provide complete and accurate registration information to DropSpot and notify us if your information changes, in particular, and change to your mobile telephone number to avoid any personal messages forwarded to an invalid mobile number.  If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. If you are a business, government, or non-profit entity, the person whose phone number is associated with the account must have the authority to bind the entity to this Agreement.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users.  If you are using a computer or mobile device that others have access to, you must log out of your account after using the DropSpot Service. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately.

 

5. Purchases

PURCHASES: Purchases of products through the DropSpot Service are subject to our payment terms and conditions that are presented to you at the time of purchase.

 

6. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use the DropSpot Service and continues as long as you have an account with us.

ACCOUNT DELETION: You may delete your account at any time by contacting us through our website.

TERMINATION FOR BREACH: DropSpot may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if DropSpot determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage DropSpot's reputation and goodwill. If DropSpot deletes your account for the foregoing reasons, you may not re-register for the DropSpot Service. DropSpot may block your phone number and Internet protocol address to prevent further registration.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by DropSpot will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. DropSpot shall not be responsible for the loss of such content.

 

7. User Content and Conduct

Where applicable at the DropSpot Site, you are invited to post your own content (“User Content”).  Please note that this DropSpot Site is intended for adult use; if you are under the age of 13, do not submit any User Content to this DropSpot Site.

You understand that all User Content, whether you have publicly posted on a forum or privately transmitted to another DropSpot Site user or to us, is your sole responsibility.  Though the DropSpot Site is designed to be a safe place to share such User Content, DropSpot cannot guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use, do not post it to the DropSpot Site.  Under no circumstances will DropSpot be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the DropSpot Site.  DROPSPOT IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SITE.

By posting any User Content at the DropSpot Site, you hereby grant DropSpot a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.  The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the DropSpot Site or otherwise have the right to grant the license set forth in this Section 7; and the posting of your User Content on or through the DropSpot Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the DropSpot Site.

You agree that posting of User Content to or through the DropSpot Site, including ideas or disclosures of opinions, is voluntary on your part. No confidential or contractual relationship is established by your posting of User Content or is to be implied by our review or subsequent use of your User Content.  DropSpot shall not be liable for any disclosure of any User Content, including opinion(s) or suggestion(s), you post to or through the DropSpot Site.

DROPSPOT SHALL BE ENTITLED TO UNRESTRICTED USE OF ANY USER CONTENT IT MAY RECEIVE FROM YOU AT OR THROUGH THE SITE, FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE, WITHOUT COMPENSATION TO YOU AS PROVIDER OF THE USER CONTENT.

You agree that you will not use the DropSpot Site to:

(a) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to a representative of DropSpot, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the DropSpot Site;

(e) upload, post, email or otherwise transmit any User Content that you do not have a right to transmit 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);

(f) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;

(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;

(h) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the DropSpot Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;

(j) interfere with or disrupt the DropSpot Site or servers or networks connected to the DropSpot Site, or disobey any requirements, procedures, policies or regulations of networks connected to the DropSpot Site;

(k) “stalk” or otherwise harass another; or

(l) collect or store personal data about other DropSpot Site users.

(m) gain access to unauthorized areas of the DropSpot Site or our network or servers.

We will terminate the account and/or block DropSpot Site users who repeatedly violate the intellectual property rights of any other person on this DropSpot Site.

You understand that by using the DropSpot Site, you may be exposed to User Content created by others that is offensive, indecent or objectionable. DropSpot does not endorse or have control over the User Content. User Content is not reviewed by DropSpot prior to posting and does not reflect the opinions or policies of DropSpot.  DropSpot makes no representations or warranties, express or implied as to the User Content or the accuracy and reliability of the User Content or any other material or information that you may access through the DropSpot Site.  DropSpot assumes no responsibility for monitoring the DropSpot Site for inappropriate submissions or conduct.  If at any time DropSpot chooses, in its sole discretion, to monitor the DropSpot Site, DropSpot nonetheless assumes no responsibility for the User Content, has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the DropSpot Site users submitting any such User Content. Notwithstanding the foregoing, DropSpot and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable, in DropSpot’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. In this regard, you acknowledge that you may not rely on any User Content.

You are solely responsible for your interactions with other DropSpot Site users.  DropSpot reserves the right, but has no obligation, to monitor disputes between you and other DropSpot Site users and to terminate your DropSpot Site access, in its sole discretion.

 

8.  Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service. The information, mapping details, directions, and other content found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

 

9.  Intellectual Property

The Service and its original content are and will remain the exclusive property of DropSpot and its licensors. The Service contained therein is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of DropSpot.

 

10.  Links to Other Web DropSpot Sites

Our Service may contain links to third party web sites, as well as links to services that are not owned or controlled by DropSpot.  DropSpot has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services, including APIs. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that DropSpot 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 third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

 

11.  Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

12.  Indemnification

You agree to defend, indemnify and hold harmless DropSpot and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

 

13.  Limitation of Liability

In no event shall DropSpot, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.  Our maximum liability to You shall not exceed $100.

 

14.  Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service provides certain mapping capabilities, but such maps should not be relied upon for directional purposes and we make no warranties regarding the accuracy of any content contained on the Service.  You should use the same caution, common sense and security approaches that you would employ when visiting any new area for the first time.

The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

DropSpot its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is 100% accurate in terms of locations specified therein; d) free of viruses or other harmful components; or e) the results of using the Service will meet your requirements.

 

15.  Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

 

16.  Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Colorado.

 

17.  Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

18.  Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time and provide notice of such to users.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

 

19.  Contact Us

If you have any questions about these Terms, please contact us at info@dropspot.co