Terms of use

These Terms of Use (“Terms”) govern your access to and use of our services, including our website, mobile app, and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the services (collectively referred to as “Content”). By using sp0t you agree to be bound by these Terms.

 

Basic Terms

  1. You must be 13 years or older to use sp0t.

  2. You are responsible for any activity that occurs under your screen name.

  3. You are responsible for keeping your password secure.

  4. You must not abuse, harass, threaten, impersonate or intimidate other sp0t users.

  5. You may not use sp0t for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

  6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("content") that you submit, post, and display on the sp0t service.

  7. You must not modify, adapt or hack sp0t or modify another website so as to falsely imply that it is associated with sp0t.

  8. You must not access sp0t’s private API by any other means other than the sp0t application itself.

  9. You must not crawl, scrape, or otherwise cache any content from sp0t including but not limited to user profiles and photos.

  10. You must not create or submit unwanted comments to any sp0t members ("Spam").

  11. You must not transmit any worms or viruses or any code of a destructive nature.

  12. You must not, in the use of sp0t, violate any laws in your jurisdiction (including but not limited to copyright laws and trespassing laws).

  13. Violation of any of these agreements will result in the termination of your sp0t account. While sp0t prohibits such conduct and content on its site, you understand and agree that sp0t cannot be responsible for the content posted on its web site and you nonetheless may be exposed to such materials and that you use the sp0t service at your own risk

  14. We reserve the right to modify or terminate the sp0t service for any reason, without notice at any time.

  15. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.

  16. We reserve the right to refuse service to anyone for any reason at any time.

  17. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.

  18. We reserve the right to remove content and accounts containing content that we determine in our sole discretion are unlawful, misleading, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

  19. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

Proprietary Rights

  1. sp0t does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "content") that you post on or through the sp0t Services. By displaying or publishing ("posting") any content on or through sp0t, you hereby grant to sp0t a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content, including without limitation distributing part or all of the content in any media formats through any media channels, except content not shared publicly ("private") will not be distributed outside the sp0t.

  2. You represent and warrant that: (i) you own the content posted by you on or through the sp0t or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through the sp0t Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your content on sp0t does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through sp0t.

  3. The sp0t app contains content of sp0t ("sp0t content"). sp0t content is protected by copyright, trademark, patent, trade secret and other laws, and sp0t owns and retains all rights in the sp0t content and the sp0t services. sp0t hereby grants you a limited, revocable, non sublicensable license to reproduce and display the sp0t content (excluding any software code) solely for your personal use in connection with viewing the app and using sp0t.

  4. sp0t performs technical functions necessary to offer our app, including but not limited to transcoding and/or reformatting content.

  5. Although sp0t will normally be available, there will be occasions when the app or other website will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of sp0t. 

  6. Although we will normally only delete content that violates this Agreement. sp0t reserves the right to delete any content for any reason, without prior notice. Deleted content may be stored by sp0t in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, sp0t encourages you to maintain your own backup of your content. In other words, sp0t is not a backup service. sp0t will not be liable to you for any modification, suspension, or discontinuation of the sp0t app, or the loss of any content.

Privacy Policy

This Privacy Policy covers sp0t, LLC. and all of its wholly owned subsidiaries, including our website at www.sp0t.app and our mobile app, sp0t (collectively, “sp0t”, “we”, “us”, or “our”). We intend to be transparent with you about our data practices and to give you control over the information we collect about you (your “Data”).



 

1. What data do we collect?

To provide the sp0t app, we must process some information about you. The types of information we collect partly depend on how you use the app, and what you opt into. You can learn how to access and delete information we collect by visiting the sp0t settings.

 

Data you provide to us

We collect the content, communications and other information you provide when you use our app, including when you sign up for an account, create or share content, and message or communicate with others. When you create an account, we collect your full name, email address, phone number, and the city in which you created your account. As you interact with our app, we also collect other data that you directly provide to us, which may include pictures you upload to your profile, messages you send to other users, your search queries, your likes, your comments, the spots you visit, the spots you add, and any other data you voluntarily provide to us. Our systems automatically process content and communications you and others provide to analyze context and to personalize our app and offer suggestions you may be interested in.

 

Networks and connections

We collect information about the people, spots, and tags you are connected to and how you interact with them in the app, such as people you communicate with the most or what spots you have visited. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things like helping you and others find people you may know.

 

Location services

If you opt-in to sharing your location with us, we automatically receive data about your location and/or IP address whenever you interact with or use the sp0t services (open the app or visit our site). If you opt-in to have background location turned on in our app, we will collect data about you even when you are not using the app and the app is closed (as permitted by your device settings). We use various technologies to determine your location as precisely as possible, such as the location services of your operating system, sensor data from your device (magnetometer, barometer, gyroscopes, accelerometers, compasses, Bluetooth data, beacon data, Wi-fi access points, GPS data, and cell tower data), and other Data that may help us understand your precise location. 
 

Your usage

We collect information about how you use our app, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you’re using and have last used our Products, and what spots you view, visit, and post at. 

 

Things others do and information they provide about you

We also receive and analyze content, communications and information that other people provide when they use our app. This can include information about you, such as when others share or comment on a photo of you, send a message to you, or upload, sync or import your contact information.

 

Device information

As described below, we collect information from and about the computers, phones, web-connected devices you use that integrate with our Products, and we combine this information across different devices you use.

Information we obtain from these devices includes:

  • Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.

  • Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).

  • Identifiers: unique identifiers, device IDs, Family Device IDs.

  • Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.

  • Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.

  • Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network.

  • Cookie data: data from cookies stored on your device, including cookie IDs and settings.

2. How do we use this information?

We use the information we have (subject to choices you make) as described below and to provide and support the sp0t Products and related services described in the sp0t Terms. Here's how:

 

Provide, personalize, and improve our Products

We use the information we have to deliver our product, including to personalize features and content (including your explore suggestions) and make suggestions for you (such as spots may be interested in). To create personalized suggestions that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others; how you use and interact with sp0t; and the people, places, or things you're connected to and interested in.

  • Location-related information: We use location-related information- such as your current location, where you live, the places you like to go, and the businesses and people you're near to provide, personalize and improve sp0t, for you and others. Location-related information can be based on things like precise device location (if you've allowed us to collect it), and information from your and others' use of sp0t (such as spots you visit and check into).

  • Product research and development: We use the information we have to develop, test and improve sp0t, including by conducting surveys and research, and testing and troubleshooting new products and features.

Promote safety, integrity and security

We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our product, and promote safety and security on and off of sp0t. For example, we use data we have to investigate suspicious activity or violations of our terms or policies. 

Communicate with you

We use the information we have to send you marketing communications, communicate with you about our product, and let you know about our policies and terms. We also use your information to respond to you when you contact us.

 

3. How is this information shared?

Your information is shared with others in the following ways:

 

People and accounts you share and communicate with

When you share and communicate using our product, you choose the audience for what you share. For example, when you post on sp0t, you select the audience for the post. By posting at a public spot you are choosing to share the post with other people who have visited the spot as well as your friends.

Public information can be seen by anyone, on or off our product, including if they don't have an account. This includes your sp0t username; any information you share with a public audience; information in your public profile on sp0t; and content you share on a public spot page, or any other public forum, such as sp0tsh0p. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our Products.

 

Content others share or reshare about you

You should consider who you choose to share with, because people who can see your activity on our sp0t can choose to share it with others on and off the app, including people and businesses outside the audience you shared with. For example, when you share a post or send a message to specific friends or accounts, they can screenshot or reshare that content to others. Also, when you comment on someone else's post or react to their content, your comment is visible to anyone who can see the other person's content, and that person can change the audience later. People can also use our Products to create and share content about you with the audience they choose. For example, people can share a photo of you in a spot guestbook, mention or tag you at a spot in a post, or share information about you in their posts or messages. If you are uncomfortable with what others have shared about you on our product, you can report the content.

Devices and operating systems providing native versions of sp0t

(i.e. where we have not developed our own first-party apps) will have access to all information you choose to share with them, including information your friends share with you, so they can provide our core functionality to you.

 

4. How can I manage or delete information about me?

We provide you with the ability to access, rectify, port and erase your data in settings found in profile.

We store data until it is no longer necessary to provide our services and sp0t Products, or until your account is deleted - whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. 

When you delete your account, we delete things you have posted, such as your photos and status updates, and you won't be able to recover that information later. Information that others have shared about you isn't part of your account and won't be deleted. If you don't want to delete your account but want to temporarily stop using the Products, you can deactivate your account instead. To delete your account at any time, please visit the settings in your profile.

 

5. How do we respond to legal requests or prevent harm?

We access, preserve and share your information with regulators, law enforcement or others:

  • In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.

  • When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of sp0t, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves, you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our Products.

Information we receive about you can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.

 

6. How do we operate and transfer data as part of our global services?

We share information globally and with those you connect and share with around the world in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide the services set forth in the sp0t Terms and to globally operate and provide our app to you. We utilize standard contract clauses, rely on the European Commission's adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to the United States and other countries.

 

7. How will we notify you of changes to this policy?

We'll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using sp0t.

 

8. How to contact sp0t with questions?

Email [email protected]