The services provided at www.spotiness.com (the "Site") and any subdomain are provided by Spotiness, Inc. ("Spottiness"), and by using the Site you agree to these Terms of Service ("Terms of Service"). When using a particular service offered on the Site you also may be subject to any posted guidelines, rules, policies, or additional terms of service. Spottiness may update these Terms of Service from time to time, and your continued use of the Site shall be deemed your acceptance of any such updated Terms of Service. These Terms of Service comprise the entire agreement between you and Spottiness and supersede all prior agreements between the parties regarding the subject matter hereof. By using the Site you understand and agree that the Site is intended for an adult audience and, as such, there may be some content on the Site that is inappropriate for minors.
a. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site. The terms "we", "us", "our", and "Spottiness" refer to Spottiness Inc.
b. "Content" means text, photos, images, audio, video, and all other forms of data or communication. A "Spot" is a type of Content, defined as an anonymous message, either positive, negative, or romantic, addressed to any subject--human or not--that can be identified (the "Target"). "Your Content" means Content that you submit or transmit to the Site, such as Spots, comments, and ratings. "User Content" means Content that users submit or transmit to the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, and Content provided by us.
Spottiness (www.spottiness.com) is a place where people go to read and post Spots. The company was built on the idea that we, humans, have a compelling need to express our minds but this urge is very often inhibited by the consequences of our openness. We at Spottiness believe that what people have to say is very important because the conglomeration of ideas and opinions about a subject defines the perception that the world has on that subject. Therefore, we want to help people share their thoughts knowing that there is nothing to fear for their honesty.
Users of the Site can provide positive, negative, or romantic Spots to a Target as long as the message of the Spot reflects author's acquaintance with the Target and complies with a set of rules defined for the type of Spot being created. The site is free to the community. Spottiness also offers, for free, a service that allows users to send via mail a paper Spot. Targets are given the opportunity to post a response to any Spot they receive. Users of the Site can also comment on any Spot.
You must be 18 years of age in order to submit User Content or register with the Site. The Site and Services are intended solely for users who are 18 years of age or older. We do not verify the age of our users. Any registration by, use of, or access to the Site and/or Services by anyone under 18 years of age is in violation of these Terms of Service.
All User Content is the sole responsibility of the user, not Spottiness. In accessing or using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. We do not endorse such Content, and cannot vouch for its accuracy. Spottiness does not control, and makes no representations or endorsements regarding, the quality, accuracy, reliability, appropriateness, or condition of any User Content posted on the Site. Spottiness shall have no obligation to review the Site's content. Spottiness does not make any representations or warranties, express or implied, as to the accuracy or timeliness of its information, and cannot be responsible or liable for any errors or omissions in its information or the results obtained from the use of such information. Spots and user comments are statements of opinion and not statements of fact. Users are solely responsible for determining whether the information provided is suitable for their purposes. You therefore access and use the Site at your own risk. Users should obtain any additional information necessary to make informed decisions. Spottiness reserves the right to remove User Content without prior notice.
The Site may contain hyperlinks to third party web sites outside of the Site. We have no control over and make no representations or endorsements regarding the quality, accuracy, reliability or condition of any third party site nor any content posted on those third party web sites. You understand and agree that under no circumstances will Spottiness be liable for any loss or damage of any kind as a result of your use of the Site or your reliance upon any content including User Content posted on or otherwise made available through the Site.
A. Posting User Content on Spottiness. A. Posting User Content on Spottiness. By posting a Spot, the user thereby represents that the content is based upon an actual acquaintance with the Target. Spots and comments do not reflect the views of Spottiness, its employees, officers, directors, or shareholders. Spottiness does not assume responsibility or liability for any User Content or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. You acknowledge that Spottiness has the absolute right to refuse to display or to remove anything posted by you on or to the Site, including, without limitation, Spots, comments about Spots, ratings, or any other content submitted or posted by you, for whatever reason or for no reason at all. You further agree that by posting or submitting User Content to us, you are warranting that you are the sole creator and owner of that content, and that you are waiving any rights you may have in that content, or to control its use or (re)distribution, including any intellectual property rights, and that you further waive any claim that Spottiness is somehow acting in an unfair or discriminatory manner by refusing to display or by removing such content. You agree that you may not and will not post or submit any User Content that contains or features any of the following:
B. Ownership of User Content. B. Ownership of User Content. All User Content is owned solely by Spottiness, and by submitting any User Content you relinquish any right or claim of right to such User Content. Spottiness is under no obligation to give credit or pay any consideration to you for any User Content you post on the Site, or any use by Spottiness of such User Content.
C. Responsibility for your Content. C. Responsibility for your Content. You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Spottiness.
D. Representations and Warranties. D. Representations and Warranties. By using the Site you represent and warrant that any User Content posted by you does not contain material or links to material that infringes upon a third party's intellectual property or proprietary rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy. You further represent and warrant that you have all necessary rights to provide and have posted on the Site the User Content, and to transfer such ownership of such User Content to Spottiness, and that Spottiness has the right but not the obligation to monitor and edit or remove any activity or User Content. You further agree to accept full liability and responsibility for all User Content submitted by you or on your behalf for posting on the Site.
Although Spottiness cannot monitor the conduct of its users off the Site, it is a violation of these Terms of Service to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
You may not use any device, software or routine to interfere with the proper working of the Site. You may not intercept or expropriate any system data or information, or copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without the express written permission of Spottiness. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email (i.e.: "Spam"). You shall not use any method including the use of robots, spiders, other automatic devices or manual processes to monitor or copy our web pages or the content contained on the Site without the prior expressed written permission of Spottiness. Information on the Site is frequently updated and is proprietary or is licensed to Spottiness.
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
SPOTTINESS PROVIDES THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SPOTTINESS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND HYPERLINKED WEB SITES. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM SPOTTINESS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, SPOTTINESS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY USERS, SPOTTINESS USERS, ADVERTISERS, AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE OR OTHERWISE RELATED TO YOUR USE OF THE SITE. SPOTTINESS IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
IN NO EVENT WHATSOEVER SHALL SPOTTINESS, SHAREHOLDERS, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL SPOTTINESS' TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED US$50. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU ALONE ARE RESPONSIBLE FOR YOUR CONTENT AND THE RISKS ASSOCIATED WITH IT. SPOTTINESS NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY PERSON OR ENTITY TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF SERVICE INURE TO THE BENEFIT OF SPOTTINESS, SHAREHOLDERS, AFFILIATES AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS AND, IN EACH CASE, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Spottiness, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site provided hereunder by Spottiness, any User Content you provide, any violations by you of any applicable laws or regulations, and any breaches by you of these Terms of Service.
Please report any violations of these Terms of Service by email sent to . Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
a. In the event that one or more portions of these Terms of Service shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in these Terms of Service. The headings used throughout these Terms of Service are solely for the convenience of reference and are not to be used as an aid in the interpretation of these Terms of Service. If you have any questions about these Terms of Service, contact us at .
b. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service, and these Terms of Service are solely between you and Spottiness and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that Spottiness is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release Spottiness, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.
c. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
d. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Effective: September 24th, 2010.