Terms of Use
Spotery.com Terms of Use
Last Updated: July 11, 2010
The following User Agreement ("Agreement") governs the use of www.Spotery.com ("Site"), including without limitation participation in its bulletin boards, forums, personal ads, chats, and all other areas (except to the extent stated otherwise on a specific page) as provided by Next Ventures, LLC ("Service Provider”, “We”).
Please read the rules contained in this Agreement carefully. Your use of and/or registration on any aspect of the Site will constitute your agreement to comply with these rules. If you cannot agree with these rules, please discontinue use of the Site.
Spotery.com is a user-generated news website that allows its users to set up unique personal pages that can be linked through sections on the Spotery.com website (the “Site”). By using our Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Site) or a "Member" (which means that you have registered with the Site and use or intend to use any of the Services). If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance during the Member registration process.
This Agreement includes Service Provider’s policy for acceptable use of the Services and content posted on the Site and the Privacy Policy for Spotery.com. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Monitoring. We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Site, including in the bulletin boards, forums, personal ads, and chats, to foster compliance with this Agreement. All users of the Site hereby specifically agree to such monitoring. Nevertheless, we do not make any warranties or guarantees that: (1) the Site, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.
Service Provider reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Spotery.com at any time, for any or no reason, with or without prior notice, and without liability.
Subscription Fees. Currently Spotery.com does not charge a subscription fee. However, Spotery.com may charge a fee for membership to its subscription services in the future in which case Site management shall notify and obtain individual consent and authorization for billing from existing and future users. You acknowledge that Service Provider reserves the right to charge for the Services and to change its fees from time to time in its discretion.
Password. When you sign up to become a Member, you will be asked to choose a password. You agree to notify Service Provider immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members. The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Spotery.com. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
Proprietary Rights in Content on Spotery.com. You may not post on or through the Site any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
Service Provider does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship, or any other materials (collectively, "Content") that you post to your section on the Site. After posting your Content, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing any portion of the Content on or through the Services, you hereby grant to Service Provider a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on the Site and through the Services.
This license will terminate at the time you remove your Content from the Site and cease to use the Services.
You represent and warrant that: (i) you own the Content and/or images posted by you on or through the Services or otherwise have the right to distribute it, and (ii) agree that any Content posted directly on the Site will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at http://creativecommons.org/publicdomain/zero/1.0/, and iii) the posting of your Content on or through the Services 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 owed to any person by reason of any Content posted by you on the Site. You agree that you will not object to the use of the Content by Spotery.com or Service Provider in any context.
Rules of Usage. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the Site, including without limitation in bulletin boards, forums, personal ads, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
You may not post on the Site any content that invades anyone's privacy, or facilitates or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violate any law or regulation. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. Service Provider reserves the right, in its sole discretion, to terminate the account of any User who violates this Agreement, and take any action, without limitation, including removing the offending communication from the Site. Prohibited Content includes, but is not limited to content that, in the sole discretion of Service Provider:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names or email addresses of any User or Member of Spotery.com;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless you have a legal right to do so. It is the policy of Service Provider to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner's legal agent.
Copyright Complaints. Service Provider respects the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. Service Provider will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Spotery.com may remove or disable reference or access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will terminate access for subscribers and account holders who are repeat infringers.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the appropriate information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
Limor Elkayam
President/CEO
101 West 23rd Street #348
New York, NY 10011
917-279-3217
Privacy. Use of the Services is also governed by our Privacy Policy (http://Spotery.com/customer-care), which is incorporated herein by this reference.
Disclaimers. Service Provider does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Site. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of the Site or its third party service providers. You agree that the Site and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
Third Party Advertisers. When you access third-party sites, you do so at your own risk. Service Provider takes no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Service Provider is not responsible for the conduct, whether online or offline, of any User or Member of the Services. Service Provider assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.
Under no circumstances shall the Site or its respective officers, agents, partners and employees be responsible for any loss or damage resulting from use of the Services, attendance at a Spotery.com event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and Service Provider expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Spotery.com cannot guarantee and does not promise any specific results from use of the Services.
Limitation on Liability. IN NO EVENT SHALL Spotery.COM BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Spotery.COM 'S LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE CLAIMANT TO Spotery.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP OF THE CLAIMANT.
Disputes. Any dispute associated with the Site, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees shall be governed by the laws of the State of New York, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York.
Indemnity. You agree to indemnify Service Provider and its affiliates, employees, agents, representatives and third party service providers and hold each of them harmless from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Site, or from your breach of this Agreement, or from any such acts through your use of the Site. You further indemnify the above from any claim made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Site or through the Services causes liability to another.
Miscellaneous. This Agreement is accepted upon your use of the Site. This Agreement constitutes the entire agreement between you and Service Provider regarding the use of the Services. The failure of Service Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: contact@ispotastory.comwith any questions regarding this Agreement.
| News, Breaking, User Generated, links, funny, good, bad, World, US, | Please read and agree to the terms of use. Spotery.com is a user generated news website where you dictate and tell your news stories. Its your place to add, discuss and browse all the angles of a news story.
