
[ home ]
TERMS & CONDITIONS
This is a legal Agreement between you and 4QR, LLC dba spotamate.com. Please read the Agreement carefully before using or purchasing a spotamate.com product or service. By using or purchasing spotamate.com Product and/or Services, you acknowledge you have read and agree with the Terms & Conditions setforth herein, and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to use our Products and/or Services. The terms are subject to change by 4QR, LLC at any time without notice.
SPOTAMATE.COM AGREEMENT
1.0 ACKNOWLEDGMENT AND ACCEPTANCE
OF TERMS & CONDITIONS
The Site and its products and services are provided to you under the terms and conditions of this spotamate.com Agreement and any amendments to it and any spotamate.com operating rules or policies. This Agreement applies to each product or service separately or collectively.
You declare that you are at least 18 years old and agree to be bound by the Agreement.
You must be 18 years old or older to use spotamate.com and/or any of its products, services, and/or other companies owned by 4QR, LLC and any of its services.
Participating in, purchasing, using and/or registering for any Product and/or Service means you accept the Terms of Use and Disclaimers set out here.
You hereby acknowledge, understand and agree that any information disclosed by you to spotamate.com and all of its other companies, has been disclosed freely and knowingly, and that any and all information posted in or on the spotamate.com site or any other site owned by 4QR, LLC will be used in furtherance of the services spotamate.com offers. The information will not be disclosed knowingly or willfully to any third party without your authorization as described in detail in the Privacy Policy, except as may otherwise be permissible by this Agreement and required by the Product and/or Services offered by 4QR, LLC and spotamate.com.
You acknowledge that by submitting any type of communications to spotamate.com , no fiduciary, confidential, contractually implied or other relationship is created between you and spotamate.com or any of its subsidiary or affiliate other than those subject to these terms and conditions. spotamate.com shall not be responsible for any payment of money to any party in connection with spotamate.com and/or any of its other companies and/or affiliates use of communications submitted by you to the site in anyway.
You assume all risk and/or responsibility for damage or loss arising indirectly or directly from the use of the spotamate.com products and services.
You may not transmit, post or otherwise use any information made available by the site spotamate.com without the express permission of the owner of that information.
You shall not interfere or attempt to interfere with the operation of the Site, Service and/or Software in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means expressly prohibited by any provisions of these Terms and Conditions.
You may not at any time attempt to use or act upon any software, robot, and bot, spider and/or any other means of entering the System and/or Service. You may not post any type of service or URL for any reason.
You may not use spotamate.com or any of its other companies or services to transmit libelous, racist, vulgar, or otherwise offensive and/or illegal material.
Spotamate.com is not responsible for any disruptions, errors, delays, information, quality, content, accuracy, or any other aspect of the information provided by spotamate.com or in its transmissions.
You agree that
* 4QR, LLC, spotamate.com and/or any and all of its other companies, subsidiaries, partners, affiliates will not be liable and, will have no liability for any punitive, consequential, direct or indirect, special or incidental damages, whether foreseeable or unforeseeable to you for any damages or loss, either consequential or actual, arising out of or relating to these terms, or to your or any third party use or inability
* to purchase item content on Site,
* to place content on a Site,
* to use a Site, or
* to your reliance on information obtained from or through a Site,in particular, spotamate.com and any of its other sites and/or companies and/or any Site owned by spotamate.com.
This includes but is not limited to claims of errors, interruptions, defamation, loss of data in availability of data, arising out of or relating to these terms, your use or inability to use a site, or to your placement of content on a site, or to your reliance upon information obtained from or through a Site, whether based in contract, tort, statutory or other law, except where and only to the extent that applicable law requires such liability.
spotamate.com has and reserves the right to remove anything that it deems in its sole and absolute discretion and in compliance with relevant laws, does not comply with the terms of use, or is offensive, vulgar, racist, harmful, or otherwise unfit.
spotamate.com reserves the right to cancel products and services without prior notice and/or access without prior notice of any user who does not comply with these and all rules.
spotamate.com is not responsible for any misuse of information or material provided. spotamate.com is not obligated to monitor, verify or review any information provided nor does it monitor transmissions for quality or content. spotamate.com may monitor the contents in its services but is not obligated to do so.
spotamate.com shall have the right for any reason, in its sole discretion, to suspend, change, terminate, or discontinue any aspect of the site, including but not limited to features, content or hours of availability. spotamate.com may also impose limits on certain products, services and features or restrict your access to parts or the entire Site without notice or liability.
spotamate.com is not responsible for the contents of any off site pages referenced from the Site. You specifically acknowledge that spotamate.com and/or any Partners and/or related Sites and Services, are not liable for the illegal, offensive, or defamatory conduct or anything else related to the use of other users, third parties or links. Solely you undertake the risk of injury from the foregoing.
Any and all links from spotamate.com and/or all other sites owned and/or operated by spotamate.com on the World Wide Web and/or the Internet, to other sites do not constitute an endorsement from spotamate.com or any of its partners, affiliates, and/or other sites or services. These links are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of information from these links.
spotamate.com reserves the right, at its sole discretion, to modify, change, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective from the time they are posted on the Site. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the site after changes to these terms and conditions of use will be considered as your Acceptance of those changes.
spotamate.com can own, control, license or has the right to use and provide the Site and all material on the site including, without limitation, tables, text, images, illustrations, photographs and/or content. The Site is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions. spotamate.com is the owner of the copyright of the entire Site.
You agree to abide by any and all information, restrictions, and/or copyright notices displayed on the Site.
Your comments and suggestions on spotamate.com, the Site, spotamate.com, and the Service are welcome. Any or all information, suggestions, ideas, comments and/or text becomes the property of spotamate.com with no commission or money to be exchanged in return.
At the sole discretion of spotamate.com the Company may be free to pay a commission or exchange of money for ideas, but spotamate.com is under no obligation to pay any money at any time for anything sent to spotamate.com.
spotamate.com reserves the right to use any materials or information you provide to it or that it obtains through your use of the Site, Service, off line Sites and/or any other Partner, affiliate, or any company, service, system, software, or any other means, owned by, related to and/or partner of spotamate.com, to the fullest extent permitted by law.
Anytime you upload files, messages, enter data or engage in any other form of communication, individually or collectively within the site, or its products you grant to spotamate.com a perpetual, World Wide, irrevocable, unrestricted, non-restricted, non-exclusive, royalty-free license to use. This includes use for promotional and advertising purposes, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such communications including, without limitations, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
You waive all rights you may have to inspect and/or approve of any use by spotamate.com of any material or idea, submitted by you in any communication or to receive any compensation for such use.
You waive all rights to any claim against spotamate.com for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.
You agree and understand that spotamate.com is under no obligation to use any material or idea submitted by you in any communication in any way whatsoever.
You agree to indemnify and hold harmless, spotamate.com, and/or each of its stand-alone services, its parents, subsidiaries, affiliates, officers, advertisers, employees, agents, and third parties from and against any claims, liabilities, losses, costs, damages or expenses. This includes but is not limited to Attorney's fees arising from the use of or participation in the spotamate.com Products, Services or the information contained in it.
All statements made regarding spotamate.com also pertain to all companies owned by 4QR , LLC.
You are solely responsible for the quality, accuracy of information and content you provide.
2.0 MEMBER'S REGISTRATION INFORMATION
As a condition for using the certain Services pn this Site, you agree to:
a. provide true, accurate, current and complete information about yourself as prompted during the registration process, including but not limited to the Contact Information form; and
b. to maintain and update this information to keep it true, accurate, current and complete.
If any information provided by you is found to be untrue, inaccurate, non-current or incomplete, spotamate.com has the right to terminate your account and refuse any and all current or future use of the spotamate.com Service.
3.0 USER INFORMATION & EMAIL
spotamate.com considers non-public user account information, including but not limited to information provided during the registration process and e-mail communications transmitted through the Service, to be private information. spotamate.com shall not disclose such information to any third parties without your consent. Except when you agree that this excludes the circumstances, spotamate.com may do so in the good faith that such action is reasonably necessary:
a. to comply with the law;
b. to comply with legal process;
c. to enforce the Agreement;
d. to respond to claims that such content violates the rights of third-parties;
e. to protect the rights or interests of spotamate.com; or
f. to protect the rights or interests of spotamate.com users or others.
You understand and agree that spotamate.com may access the content of your account in order to identify and resolve technical problems or service complaints.
4.0 MODIFICATIONS TO SERVICE AGREEMENT
spotamate.com may change the Agreement from time to time. You may be informed of any such changes by a notice on the log-in page of the Service stating that the Agreement has changed. Your continued use of the Service after spotamate.com has posted such notice constitutes your acceptance of any such changes.
5.0 MODIFICATIONS TO SERVICE
spotamate.com reserves the right to modify or discontinue, temporarily or permanently, the spotamate.com Products, Services with or without notice to you.
You agree that spotamate.com shall not be liable to you or any third party for any modification or discontinuation of the a Product or Service.
6.0 USER CONDUCT
You agree to be solely responsible for the contents of your transmissions to or through the Site and for your interactions with other spotamate.com users.
6.1 You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Site, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the spotamate.com Site. You also agree not to interfere with the use and enjoyment of the Site by other users.
6.2 You agree not to transmit any unlawful, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind.
6.3 You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.
6.4 You agree not to transmit "junk mail", "spam," "chain letters, " or unsolicited mass distribution of email, or to use the spotamate.com Site for any commercial purposes.
6.5 You agree not to include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, offensive anatomical or sexual references or offensive sexually suggestive language. You also agree not to post any photos containing nudity or otherwise offensive material in any areas on the Site/Service, which are accessible to the public or spotamate.com's general membership.
spotamate.com reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply with the letter or spirit of the Agreement.
6.6 Your membership in the spotamate.com Service is for your sole personal use. You may not authorize others to use your membership and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access.
7.0 TERMINATION
You agree that spotamate.com may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach of the Agreement or any subsequent modifications, or attempt to assign to anyone your account. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that spotamate.com may immediately delete files in your account and bar any further access to it.
7.1 spotamate.com shall not be liable to you or any third party for the termination of Site or any claims related to the termination of Site. Any suspected fraudulent, abusive or illegal activity may be termed as grounds for termination of your account and may be referred to appropriate law enforcement authorities.
8.0 DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES
Your correspondence, transactions or other dealings with advertisers, spotamate.com partners, Store vendors or other third parties available on or linked through the Site, including but not limited to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, partner, vendor or other third party.
spotamate.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources.
You agree not to hold spotamate.com liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, partners, vendors or other third parties available on or through the Service, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the spotamate.com site.
9.0 PROPRIETARY RIGHTS
9.1 You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by spotamate.com, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by spotamate.com, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
9.2 You acknowledge and agree that any material you send to spotamate.com, by email or otherwise, or that you post in any areas on the Site that are accessible to the public or spotamate.com's general membership, will be treated as non-confidential and non-proprietary and spotamate.com may use such material, in whole or in part, in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions.
10.0 DISCLAIMER OF WARRANTIES
The Site and the materials available on or through the spotamate.com Site are provided "as is" and "as available" and without warranties or conditions of any kind either express or implied.
To the fullest extent permissible under applicable law, spotamate.com disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose.
4QR, LLC does not represent or warrant that the spotamate.com Site will be uninterrupted or error-free, or that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. spotamate.com does not represent or warrant that the materials or the results of the use of the materials available through the Site or from third parties will be correct, accurate, timely, reliable or otherwise.
11.0 LIMITATION OF LIABILITY
To the fullest extent permissible under applicable law, spotamate.com shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from:
* the use of or the inability to use the spotamate.com Products or Services,
* any changes to the Products or Services,
* unauthorized access to or alteration of your transmissions or data,
* any material or data sent or received or not sent or received, or
* any transactions entered into through the Site.
You specifically agree that spotamate.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the spotamate.com Product or Service, the materials available on or through the Service, or with any of Spot-A-Mate.com's terms and conditions, the sole and exclusive remedy available to you is to discontinue using spotamate.com Products or Services.
In no event, except in jurisdictions where such provisions are restricted, shall
* spotamate.com and each of its stand-alone services,
* its parents, subsidiaries, affiliates, officers and employees be liable to you or any third party for any exemplary, incidental, indirect, consequential, special or punitive damages, including any and/or lost profits arising from your use of the Site, spotamate.com, any and all other sites, any and all services, advertising, banners, and/or any part of the site and/or any service or services offered, even if spotamate.com has been advised of the possibility of such damages.
At all times spotamate.com and all of its other services and companies shall never in any way be liable to you for more than the amount paid.
Notwithstanding anything to the contrary contained here,
* spotamate.com, and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees
are not liable to you 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 you to spotamate.com for any and all products or services.
Some jurisdictions do not allow the limitation or exclusion of warranties, conditions or liability for incidental or consequential damages, so some of the above limitations in Sections #10 and #11 may not apply to you.
12.0 INDEMNIFICATION
You agree to indemnify and hold harmless
* spotamate.com and each of its stand-alone services,
* its parents, subsidiaries, affiliates, officers and employees,
from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from your use of the spotamate.com Site and your use of the products or services in violation of this Agreement and/or arising from a breach of these terms of use and/or any breach of your representations and warranties set forth within this Agreement.
Any and all users shall indemnify and hold harmless
* spotamate.com and each of its stand-alone services,
* its parents, subsidiaries, affiliates, officers and employees
from and against any claims, costs, damages, liabilities, expenses, losses or damages including Attorney's fees arising from the use of or participation in this Site or the information contained there.
If any part of this Agreement is said to be not included all other parts will still apply.
13.0 NOTICE
Any notice to spotamate.com shall be made via email. spotamate.com may provide notices of changes to the Agreement or other matters by displaying notices to users generally on the Site, or via e-mail.
14.0 GENERAL
The Agreement and the relationship between you and spotamate.com shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and spotamate.com agree to submit to the personal and exclusive jurisdiction of the State of Colorado for Arapahoe County or the United States District Court.
spotamate.com's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. And the other provisions of the Agreement remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Products and/or Services or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
15.0 PROFILE DISCLAIMER
spotamate.com posts all profiles without explicit knowledge of and/or about the person who submitted the profile or profiles. At any time you suspect anyone of wrongdoing or if at any time you feel the need to contact spotamate.com about a violation of its policy and/or policies please contact spotamate.com through email or fax at the addresses and numbers listed in the contact section of the site.
Spot-A-Mate.com considers any violation a serious matter and it reserves the right to contact any person about conduct regarding spotamate.com Site and/or its Products and/or Services.
16.0 U.S. EXPORT CONTROLS
Any and/or all software from spotamate.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, is further subject to United States export controls. Under no circumstances can any software from this site be downloaded or otherwise exported or re-exported:
i. into or to a national or resident of Libya, Iran, Cuba, North Korea, Iraq, Syria, or any other Country to which the U.S. has embargoed goods; or
ii. to anyone on the U.S. Treasury Department's Table of Denial Orders. By using this Site and any software and/or by downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such Country or on any such list.
17.0 DISPUTES
At any time if there is any dispute about or involving spotamate.com and/or this Site and/or the Products and/or the Services, by using this site, you agree that the dispute will be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Colorado, in the city of Aurora.
18.0 DISCLAIMERS
At no time is spotamate.com responsible for
the quality or usability of any products purchased through its subsidiaries, affiliates, advertisers, or
any inaccurate or incorrect content posted on the site or
* in connection with spotamate.com and/or each of its stand-alone Services, its parents, subsidiaries, affiliates, officers, advertisers, whether caused by the user, users, members, guest, or
* by any of the equipment or programming associated with or
* utilized in the service, nor for the conduct of any user, member, and/or guest of the spotamate.com products and/or services, whether online or offline.
spotamate.com assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, user communications. This includes personal injury or damage to users, members, guest, or anyone else or to any person's computer related to or resulting from participating or downloading materials in connection with spotamate.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees.
WE DO NOT SCREEN THE USERS OF OUR PRODUCTS AND/OR SERVICES IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OUR PRODUCTS AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER USERS, OR INTRODUCED TO YOU VIA OUR PRODUCTS AND/OR SERVICES. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
The spotamate.com, Site and its Products and/or Services are for entertainment purposes only and does not promise any specific results from use of the Product or Service and/or the Site of spotamate.com
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
You certify that You read and that You agree to be bound by the terms and conditions in this Agreement.
[ top | back ]