sp0t Terms of Service

Last updated: June 13, 2023

Introduction

These Terms of Service, together with any documents or website links they expressly incorporate by reference (collectively, these “Terms”), govern your access to or use of the sp0t mobile application (the “Application”), our website, and any other websites, features, content, software, products, events, contests, promotions, and services facilitated through the Application or our website(s), including any improvements, developments, or modifications thereto (collectively, the “Services”) made available by sp0t, an L.L.C. (“sp0t”, “we”, or “us”). Please read these terms carefully, as they constitute a legal agreement between you and sp0t.

By accessing or using the Services, you represent and warrant, on behalf of yourself and any person for whom the Services are accessed, that (i) you have read and understood these Terms and (ii) confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. sp0t may immediately withdraw, discontinue, amend, or terminate your use of any Services or any portion thereof, at any time for any reason, at its sole discretion without notice.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. sp0t may revise, modify, amend, and update these Terms from time to time in its sole discretion. All changes are effective upon posting and apply to all access to and use of the Services thereafter. Your continued access to or use of the Services after posting of revised terms confirms your consent to be bound by the Terms, as amended.

We may choose to stop offering the Services, or any particular portion of the Services, or modify or replace any aspect of the Services, at any time. We will use reasonable efforts to notify you of our termination of your access to the Services, where in our sole discretion, failure to do so would materially prejudice you. You agree that sp0t will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.

You may terminate your access to the Services by deleting your account. So long as you continue to access the Services these Terms are in effect.

The Application

The sp0t application enables users to share location-based content with friends and public communities (the “Application”). Unless otherwise agreed by sp0t in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

License to Access and Use of Services

Subject to your compliance with these Terms, sp0t grants you a limited, non-exclusive, personal, non-commercial, non-sublicensable, revocable, non-transferable license to access and use the Application and the Services for their intended purposes. Any rights not expressly granted herein are reserved by sp0t.

You are solely responsible for obtaining Internet or data network access necessary to use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or device or that use of the Services will be uninterrupted or free from delays or malfunctions.

App store terms

If you access or download the Application from the Apple App Store (the “App Store”), you will only use the Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. You acknowledge and agree that the availability of the Application and the Services is dependent on the availability of the App Store. You acknowledge that these Terms are between you and sp0t and not with the App Store. sp0t, not the App Store, is solely responsible for the Application, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge that the App Store (and its subsidiaries) is a third-party beneficiary of these Terms and will have the right to enforce them.

Creating an account

To engage in the Services, you must register an active sp0t account (“Account”). In order to create an Account and use the Services: (i) you must be at least 16 years of age (ii) you must have the requisite power and authority to enter into these Terms, (iii) you must not be prohibited from receiving any aspect of our Services under applicable laws, (iv) your Account must not have been previously disabled for violation of law or any of our policies, and (v) you must not be a convicted sex offender.

Account registration requires you to submit your phone number. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account log-in information at all times. You may not authorize third parties to use your Account.

By creating an Account on the Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all the foregoing requirements, you must not create an Account or access or use the Services.

Restrictions

In connection with your use of the Services, you agree:

To comply with all applicable laws when accessing or using the Services;
To only access or use the Services for lawful purposes;
Not to impersonate someone other than yourself, provide any other person or entity with access to the Services using your Account, or assign or otherwise transfer your Account to any other person or entity;
Not to cause nuisance, annoyance, inconvenience, or property damage, to any third party;
Not to (i) use the Services in any manner that could disable, overburden, damage, or impair sp0t’s systems, (ii) introduce into the Services any viruses, Trojan horses, worms, or other malicious code, or (iii) attempt to gain unauthorized access to the Services or the servers on which the Services are administered or connected to;
Not to (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services, (ii) reproduce, modify, create derivative works of, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by sp0t, (iii) decompile, reverse engineer or disassemble the Services, except as may be permitted by applicable law, (iv) link to, mirror or frame any portion of the Services, (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks, or (vii) make available any content that either (x) is violent, threatening, unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically abusive or otherwise objectionable, (y) is sexual in nature or displays nudity or pornographic material, or (z) promotes violence, threats against any person or property, illegal or harmful activities, discrimination, abuse, bigotry, racism, hatred, harassment or harm against any individual or group;
Not to engage in any other conduct that either (i) restricts or inhibits anyone’s use or enjoyment of the Services or (ii) may harm sp0t, its affiliates, licensors, or customers, as determined by sp0t.

sp0t reserves the right to enforce these rules by suspending, adding restrictions to, or banning your account, as well removing any content as the company sees fit. You acknowledge that your use of the Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate. Content that users submit or transmit to, through, or in connection with the Services (including any content that may have been created by users employed or contracted by sp0t) does not necessarily reflect the opinion of sp0t.

If you fail to comply with any of the foregoing restrictions, you may be denied access to use of the Services.

Reporting content

sp0t is committed to keeping the sp0t community safe and encourages its users to report objectionable content or users. You can report posts by clicking on the "..." button which appears to the right of username in the feed. You can report and block other users by navigating to their profile and clicking the "..." button in the top right corner of the profile page. In your report, please share your reasons for reporting, and anything else that might help give context. If the sp0t team deems the content objectionable, the content and user will be ejected from the app within 24 hours of reporting.

Intellectual Property Rights

You hereby acknowledge that the Services, the name sp0t, and all content, logos, designs, trademarks, slogans, features, and functionality therein, including but not limited to all information, inventions, algorithms, source code, computer software, methods, text, displays, images, artwork, graphics, video and audio, and the design, implementation, selection, and arrangement thereof contained in the Services (collectively “sp0t IP”), are owned by sp0t IP, its affiliates, or licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Accordingly, you agree not to: (i) reproduce, reformat, distribute, modify, create derivative works of, publicly display, publicly perform, promote, publish, download, store, license, sublicense, or transmit any sp0t IP except as allowed by law or as necessary to use the Services for their intended purposes in compliance with these Terms, (ii) attempt to decompile, reverse engineer, or read-out any sp0t IP, (iii) or delete or alter any copyright, trademark or other proprietary rights notices from any Company IP.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the sp0t IP in breach of these Terms, your right to use the Services will cease immediately and you must return or destroy any copies you have made. Except for the limited license granted herein, neither these Terms nor your use of the Services convey or grant to you any right, title, or interest: (i) to any sp0t IP in or related to the Services or (ii) to use or reference in any manner sp0t's company names, logos, product and service names, trademarks or services marks.

sp0t respects the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright, trademark, or other proprietary right you own or control, please immediately notify us using the contact information provided below.

All rights not expressly granted are reserved by sp0t.

All feedback, comments, requests for technical support and other communications relating to the Services should be sent to: [email protected]

sp0t Privacy Policy

What we collect, and how it is used and shared

Information you provide to us

We collect information you provide to us directly when you use the Services. This includes:

Account Information

If you create a sp0t account, we may require you to provide a username and password. Your username is public, and it doesn’t have to be related to your real name. You may also provide other account information, like an email address, bio, or profile picture. We also store your user account preferences and settings.

Content you submit

We collect the content you submit to the Services. This includes your posts and comments, and your reports and other communications with moderators and with us. Your content may include text, images, and videos.

Actions you take

We collect information about the actions you take when using the Services. This includes your interactions with content, like liking, saving, sharing, and reporting. It also includes your interactions with other users, such as following, friending, and blocking. We collect your interactions with maps, like your subscriptions or moderator status.

Other information

You may choose to provide other information directly to us. For example, we may collect information when you fill out a form, participate in sp0t-sponsored activities or promotions, apply for a job, request customer support, or otherwise communicate with us.

Information we collect automatically

When you access or use our Services, we may also automatically collect information about you. This includes:

Log and usage data

We may log information when you access and use the Services. This may include your IP address, user-agent string, browser type, operating system, referral URLs, device information (e.g., device IDs), device settings, mobile carrier name, pages visited, and search terms.

Location information

We may receive and process information about your location. For example, with your consent, we may collect information about the specific location of your mobile device (for example, by using GPS or Bluetooth). We may also receive location information from you when you choose to share such information on our Services, including by associating your content with a location.

Note: sp0t does not enable users to share the live location of their device with others.

We use information about you to:

Provide, maintain, and improve the Services
Research and develop new services
Help protect the safety of sp0t and our users, which includes blocking suspected spammers, addressing abuse, and enforcing the sp0t User Agreement and our other policies
Send you technical notices, updates, security alerts, invoices, and other support and administrative messages
Provide customer service
Communicate with you about products, services, offers, promotions, and events, and provide other news and information we think will be of interest to you (for information about how to opt out of these communications, see Your Choices below)
Monitor and analyze trends, usage, and activities in connection with our Services
Personalize the Services to provide content and features that match user profiles or interests

When you submit content to a public part of the Services, any visitors to and users of our Services will be able to see that content, the username associated with the content, and the date and time you originally submitted the content. Although some parts of the Services may be private or quarantined, they may become public (e.g., at the moderator’s option in the case of private maps) and you should take that into consideration before posting to the Services.

Your sp0t account has a profile page that is public. Your profile contains information about your activities on the Services, such as your name, username, home city, bio, profile picture, avatar, friends, how long you have been a member of the services, and content you have submitted to the Services publicly.

We offer social sharing features that let you share content or actions you take on our Services with other media. Your use of these features enables the sharing of certain information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these social sharing features (e.g., Tumblr, Facebook, and Twitter).

We do not sell your personal information. However, in addition to the personal information that is displayed publicly as described above, we may share personal information in the following ways:

With your consent. We may share information about you with your consent or at your direction.
With our service providers. We may share information with vendors, consultants, and other service providers who need access to such information to carry out work for us and host our data and services. Their use of personal data will be subject to appropriate confidentiality and security measures.
To comply with the law. We may share information in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, legal process, or governmental request, including, but not limited to, meeting national security or law enforcement requirements. To the extent the law allows it, we will attempt to provide you with prior notice before disclosing your information in response to such a request.
In an emergency. We may share information if we believe it's necessary to prevent imminent and serious bodily harm to a person.
To enforce our policies and rights. We may share information if we believe your actions are inconsistent with our User Agreement, rules, or other sp0t policies, or to protect the rights, property, and safety of ourselves and others.
Aggregated or de-identified information. We may share information about you that has been aggregated or anonymized such that it cannot reasonably be used to identify you. For example, we may show the total number of times a post has been liked without identifying who the visitors were.

How we protect your information

We take measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. We also enforce technical and administrative access controls to limit which of our employees have access to nonpublic personal information.

We store the information we collect for as long as it is necessary for the purpose(s) for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law.

Your choices

You have choices about how to protect and limit the collection, use, and sharing of information about you when you use the Services.

Accessing and changing your information

You can access and change certain information through the Services. You can also request a copy of the personal information sp0t maintains about you by submitting a request to [email protected].

Deleting your account

You can delete your account through profile -> edit profile -> account options -> "Delete account". You can also submit a request to delete the personal information sp0t maintains about you. When you delete your account, your profile is no longer visible to other users and disassociated from content you posted under that account. We may also retain certain information about you as required by law or for legitimate business purposes after you delete your account.

Controlling Mobile Notifications

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

Your rights

Data subject and consumer information requests

Requests for a copy of the information sp0t has about your account—including EU General Data Protection Regulation (“GDPR”) data subject access requests and California Consumer Privacy Act (“CCPA”) consumer information requests—can be submitted by contacting [email protected].

All other data subject and consumer requests under data protection laws should be sent via email to [email protected]. Other inquiries related to your privacy rights can be submitted here.

Before we process a request from you about your personal information, we need to verify the request via your access to your sp0t account or to a verified email address associated with your sp0t account. You may also designate an authorized agent to exercise these rights on your behalf. sp0t does not discriminate against users for exercising their rights under data protection laws to make requests regarding their personal information.

Additional information for California and Nevada users

The California Consumer Privacy Act (CCPA) requires us to provide California residents with some additional information about the categories of personal information we collect and share, where we get that personal information, and how and why we use it.

In the last 12 months, we collected the following categories of personal information from California residents, depending on the Services used:

Identifiers, like your sp0t username, email address, IP address, and cookie information.
Internet or other electronic network activity information, such as information about your activity on our Services and limited information about your activity on the services of advertisers who use our advertising technology.
Geolocation information based on your IP address, or more specific location information if you authorize your device to provide it to us.
Audiovisual information in pictures, audio, or video content submitted to sp0t.
Professional or employment-related information or demographic information, but only if you explicitly provide it to us, such as by applying for a job or filling out a survey.
Inferences we make based on other collected data, for purposes such as recommending content, advertising, and analytics.

You can find more information about (a) what we collect and sources of that information, (b) the business and commercial purposes for collecting that information, and (c) the categories of third parties with whom we share that information in the What We Collect (and How it is Used and Shared) section above.

If you are a California resident, you have additional rights under the CCPA, including the right to request access to or deletion of your personal information, and information about our data practices, as well as the right not to be discriminated against for exercising your privacy rights. These rights can be exercised as described in the Data Subject and Consumer Information Requests section above.

Additionally, Nevada law (SB §220) requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. sp0t does not sell your personal information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law.

Individuals who are residents of California or Nevada and have provided their Personal Data to us may request a hard copy of their Personal Information including, information regarding our disclosures, if any, of their Personal Data to third parties for direct marketing purposes. Such requests must be submitted to [email protected]

Such requests must include the reference “Request for California Privacy Information” or “Request for Nevada Privacy Information” in the subject line and in the body of the message and must include your name, a description of your request, so that we can verify that you are the person whose Personal Information we have collected, and an e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted to us if not submitted pursuant to the terms set forth above. We strive to respond to verifiable consumer requests of California consumers within 45 days; however, in our discretion, if we require an extension (up to an additional 45 days) we will inform you of this extension and the reason therefore in writing.

Children

Children under the age of 12 are not allowed to create an account or otherwise use the Services. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have obtained verifiable consent from your parent or legal guardian.

Changes to this policy

We may change this Privacy Policy from time to time. If we do, we will let you know by revising the date at the top of the policy. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. We encourage you to review the Privacy Policy whenever you access or use our Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy. By continuing to use our Services after Privacy Policy changes go into effect, you agree to be bound by the revised policy.

Contact us

To send a GDPR data subject request or CCPA consumer request, or if you have other inquiries about your privacy rights, follow the steps in the Your Rights - Data Subject and Consumer Information Requests section above.

If you have other questions about this Privacy Policy, please contact us at:

sp0t, LLC.
410 Macon Street,
Durham, NC 27701
[email protected]