Terms of Use

DEFINITIONS

“Spotwot”	means Spotwot Limited a company registered in Great Britain (and its successors’ and affiliates’).
“Spotwot Site”	refers to www.spotwot.com together with all related websites (and derivative works thereof)
“You” and “Your”	means Business and Personal users.
“Terms”	Refers to all of these Term and Conditions
“Spot Word”	A Unique keyword representing your brand
“ID”	A Spot ID is a word or number chosen by a business user to identify a specific campaign item
“Profile”	Refers to the Personal & Business Profile of the user
“Business User”	Refers to a Business account holder
“Personal User”	Refers to a Personal account holder
“User”	Refers to both the Business and Personal user
“Content”	shall include the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like
“Marks“	are the trademarks service marks and logos contained therein.
“Streaming”	means a contemporaneous digital transmission of an audiovisual work via the Internet from the website to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.
“Business content”	refers to any video, textual or other form of media content added to the Spotwot site by a Business user.
“User Comments”	refers to comments left by Personal users.

SUPPLY OF SERVICES

Spotwot provides its service to you, subject to the following Terms, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms on our website using this link -www.spotwot.com/Terms.aspx. In addition, when using particular Spotwot services, you and Spotwot shall be subject to any additional guidelines or rules applicable to such services that may be published from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.

ACCEPTANCE OF TERMS

All services provided to you by Spotwot are subject to the current version of the Terms, the use by you at anytime, of all or any of the services provided by Spotwot will constitute your acceptance of the terms applicable at that time. If you do not accept to be bound by the Terms you must not use any of the services provided by Spotwot.

You confirm that you are either over18 years of age, or possess legal parental or guardian consent, and are fully able and competent to submit accurate and truthful registration information and enter into the terms, conditions, obligations, affirmations, representations, and warranties set out in these Terms, and to abide by and comply with these Terms.

Spotwot reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the service at any time by posting a notice on the website or sending you an email.

ACCEPTABLE USE OF THE SERVICE

These Terms apply to all users of the Spotwot Site, including both Business and Personal users

You agree not to post or upload any content that is abusive, defamatory, threatening, harmful, obscene, vulgar crude, sexist, racist, illegal or other wise offensive.

You agree not to post or upload any content that in anyway incites discrimination, hate, violence or could in any way cause distress, harm or damage to any object, person, race, religion, gender or nationality.

You agree not to distribute in any medium any part of the Website, including but not limited to Business Content, without the prior written consent of Spotwot.

You agree not to alter or modify any part of the Spotwot site or its related products.

You agree not to access Business Content or Spotwot Content through any technology or means other than that provided through the Spotwot site itself,

You agree not to use the Spotwot site and or any of its associated products or services, for any commercial use what so ever, without the prior written consent of Spotwot.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Spotwot servers in a given period of time than a human can reasonably produce in the same period by using a conventional on–line web browser. Notwithstanding the foregoing, Spotwot grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Spotwot reserves the right to revoke these exceptions either wholly or in part at any time.

Spotwot reserves the right to discontinue any aspect of the Spotwot Website at any time.

SPOTWOT WEBSITE

The Spotwot site contains material, which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the Spotwot site.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

The Spotwot site may contain links to third party websites that are not owned or controlled by Spotwot. Spotwot has no control over, and assumes no responsibility for, the content, advertising, products, services, privacy policies, or practices of any third party websites. In addition, Spotwot will not and cannot censor or edit the content of any third–party site. By using the Spotwot site, you expressly relieve Spotwot from any and all liability arising from your use of any third-party website.

Governing Law.

Your use of the Spotwot site and any dispute arising out of such use of the Spotwot site is subject to the laws of England, Northern Ireland, Scotland and Wales.

SPOTWOT ACCOUNTS

In order to access some features of the Spotwot site, you will have to create a Spotwot account. You may never use another’s account without permission. When creating your account, you must provide accurate, honest, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Spotwot immediately of any breach of security or unauthorised use of your account.Spotwot reserves the right in its sole discretion to refuse or cancel the registration of any Account.

The information that you provide in your profile will help to enhance your Spotwot experience. Businesses that you have spotted and consented to receiving information from will be able to access profile information to customise their advertising and hence make it more pertinent to your requests. Such Businesses will never have access to your individual account information.

Spotwot will not be liable for any losses caused by any unauthorised use of your account, however you may be liable for the losses of Spotwot or others due to such unauthorised use.

SITE CONTENT

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Spotwot site.

Business Content and other content are made available to you for your information and personal use solely as intended through the normal functionality of the Spotwot Service. Business content is made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Spotwot Service or otherwise as prohibited under these Terms.

You agree not to circumvent, disable or otherwise interfere with security–related features of the Spotwot site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Spotwot site or the Content therein.

You understand that when using the Spotwot site, you will be exposed to Business content and user comments from a variety of sources, and that Spotwot is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any such Business content and user comments. You further understand and acknowledge that you may be exposed to Business content and user comments that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Spotwot with respect thereto, and agree to indemnify and hold Spotwot, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

As a Spotwot Business user you understand that whether or not such business content is published, Spotwot does not guarantee any confidentiality with respect to any Business content.

As a Spotwot Business user you may submit Business content and shall be solely responsible for your own Business content and the consequences of posting or publishing such content. In connection with Business content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorise Spotwot to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all business content to enable inclusion and use of the Business content in the manner contemplated by the Spotwot site and these Terms.

For clarity, as a Business user you retain all of your ownership rights in your business content. However, by submitting Business content to Spotwot, you hereby grant Spotwot a worldwide, non–exclusive, royalty–free, sub license and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Business content in connection with the Spotwot site and Spotwot, including without limitation for promoting and redistributing part or all of the Spotwot site in any media formats and through any media channels. You also hereby grant each Personal user of the Spotwot site a non–exclusive license to access your Business Content through the Spotwot site, and to use, reproduce, distribute, display and perform such Business content as permitted through the functionality of the Spotwot site and under these Terms. The above licenses granted by you in Business content terminate within a commercially reasonable time after you remove or delete your Business content from the Spotwot service. You understand and agree, however, that Spotwot may retain, but not display, distribute, or perform, server copies of Business content that have been removed or deleted. The above licenses granted by you in Business content are perpetual and irrevocable.

In submitting Business content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Spotwot all of the license rights granted herein.

Spotwot does not endorse any Business content or any opinion, recommendation, or advice expressed therein, and Spotwot expressly disclaims any and all liability in connection with Business content. Spotwot does not permit copyright infringing activities and infringement of intellectual property rights on its Spotwot site, and Spotwot will remove all business content if properly notified that such Business content infringes on another’s intellectual property rights. Spotwot reserves the right to remove Business content without prior notice.

SPOT WORDS

All rights in any Spot Word and/or its associated ID’s generated by the system remain vested in Spotwot and the customer does not acquire any rights to the Spot Name and/or its associated ID’s by virtue of this contract.

Customers cannot sell or transfer or agree to sell or transfer any Spot Words or any Spot account to anyone else.

Spot Words and associated ID’s are unique with in the system and Spotwot at its sole discretion reserves the right to reserve or withhold any Spot Word from the system for any reason whatsoever.

Where a customer or Spotwot terminates a contract in accordance with the conditions detailed in Terms, Spotwot reserves the right to make the Spot Name immediately available to new customers with the system.

TRADE MARK AND COPYRIGHT POLICY

Any redistribution or reproduction of part or all of the contents in any form is strictly prohibited except you may print or download to a local hard disk extracts for your personal and non-commercial use only

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

The content on the Spotwot site, except all business content, are owned by or licensed to Spotwot, subject to copyright and other intellectual property rights under the law.

PAYMENTS, CHARGES AND REFUNDS

The Spotwot pricing plan defines the charges and price bands available to Business users. The Business User in making payments to Spotwot agrees to continue to make payments for the specified duration period.

All of the charges and price bands are shown excluding VAT. VAT will be added at the appropriate rate ruling at the time of the transaction.

All payment made Spotwot through the Spotwot site are to be processed through Paypal.

Spotwot reserve the right to amend at any time the pricing plan, which will be immediately effective for all future transactions. Existing payment plans will continue at the rate applicable at the time they were entered into until the date of renewal.

On receipt of funds the Business user account will be credited with the appropriate number of credits and all charges incurred by the Business user on the Spotwot Site will be in credits. The business user must ensure that they always maintain a positive account balance of credits. As credits are a digital product, no refunds will be accepted except in exceptional circumstances and at the sole discretion of Spotwot.

TERMINATION

Spotwot reserve the right to terminate with immediate effect and without notice, your use of the service if you breach or we have reasonable grounds to believe you are likely to breach any of these Terms.

Spotwot reserve the right to terminate with or without notice any account, which has remained inactive as defined in these Terms for a period greater than 6 months.

Inactive shall for the purposes of these Terms, be any account to which its authorised user has not logged into for a designated period of time.

In the event of termination Spotwot shall remove and discard any content, files, links and any other material relating to the account both within the Spotwot system and any additional associated software providers.

Spotwot reserve the right to terminate any account with immediate effect if a balance due to Spotwot has not been settled within 30 days.

Spotwot shall not be liable to you or any third party for the termination of your account or access to the service.

LIMITATION OF OUR LIABILITY

Neither Spotwot its officers, directors, employees, or agents nor any third parties provide, any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on the Spotwot Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Spotwot site meet your specific requirements.

We are not responsible for, or endorse, any material posted on any bulletin board or chat forum by Spotters, Businesses or any third party (except as is required by law). You agree to pursue any claims or legal actions resulting from activities or statements of such users/parties against them and not Spotwot or its representatives.

The Spotwot website is provided by Spotwot Ltd from its facilities in the UK. Spotwot makes no representations that the website is appropriate or available for use in other locations. Those who access or use the Spotwot website from other jurisdictions do so at their own volition and are solely responsible for compliance with local law.

DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Spotwot and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss (foreseen, foreseeable, known or otherwise) or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Spotwot site.

Through the Spotwot site you are able to link to other websites, which are not under the control of Spotwot. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Spotwot takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.