Terms of Use

General:

Fotospot appreciates you using the service and does not intend to place onerous restrictions on your use. However, the below outlines the details for those who may look to abuse the site.

Terms:

  1. The Fotospot service (the “Service”) is accessible worldwide to anyone with Internet access. Access to and use of the Service is subject to the terms and conditions of this User Agreement, our Privacy Policy, website policies, copyright notices and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SERVICE YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. Fotospot reserves the right to change these terms and conditions at any time. The changes will appear on this screen. By using the Service and the site you agree to any changes to our Terms of Use and Privacy Policy.

Things You Cannot Do:

  1. Please be respectful to others and do not:
    • Give false or misleading information to us or anyone else in connection with your use of the Site or the Services, including giving false information in an account registration.
    • Do anything that smacks of bad online citizenship, such as use the Services for spam or attempt to reverse engineer or hack into the systems.
    • Access or scrape the Site or the Services by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; or bypass any technical protections or throttling that we institute.
    • Copy, modify, create derivative works from or distribute any content from the Site; or copy, display or use the trademarks in any way; or use the Site for any purpose not explicitly authorized in the Agreement.
    • Anything we ask you not to do.

Rights and Trademarks:

  1. The materials used and displayed on the Service, are the property of Fotospot or licensors may be protected by copyright, trademark and other laws. Use of any third party trademark or third party content on the Site does not constitute affiliation with or endorsement of these third parties. Aside from any explicit grants in the Agreement, nothing in the Agreement grants you any license to third party trademarks or content, which remain the property of their respective owners.

User Submissions:

  1. The Service offers various means for you to contribute travel attractions, photos, comments, reviews, and other user generated content (“UGC”) on the Service, contact other users and/or otherwise transmit interactions to the Service in any way (collectively “Submissions”), You agree not to submit or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You agree to only submit information that is true and correct in light of your knowledge. You will be responsible for, and indemnify and hold harmless Fotospot and its agents and representatives against, any claim arising from any material that you submit or transmit. You acknowledge that Fotospot and its affiliates do not control the information and is not liable for the content. You acknowledge that any Submissions you make to the Service may be edited, removed, modified, published, transmitted, and displayed by Fotospot and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You grant Fotospot a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the UGC, which includes without limitation the right for Fotospot or any third party Fotospot designates, to use, copy, transmit, modify, create derivative works of, host, index, stores and adapt any submission.
  2. You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Fotospot, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Fotospot reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Interaction with Fotospot and Other Users’ UGC:

  1. Fotospot is not responsible for UGC or other Submissions to the Service and any linked web sites. You acknowledge that the use of the Service and/or any transaction with other users is at your own risk. Neither Fotospot nor and its affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Service. Fotospot does not represent or endorse the accuracy or reliability of any UGC, opinions, statements, or other information displayed or linked to through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
  2. Your use of the Service is at your own risk. {SITE} SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE INFORMATION AVAILABLE ON THE SERVICE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST {SITE}, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE INFORMATION AVAILABLE THEREON.

Other:

  1. We do not want to receive information that is confidential or proprietary. If you send us suggestions, content or ideas of any kind, including potential improvements to the Site and/or Services, we may use such suggestions, content and/or ideas for any or all purposes, with no compensation or attribution to you.
  2. This Agreement will not be construed against either party as the drafter.
  3. In the Agreement, the word “including” always means “including but not limited to” unless a particular sentence says otherwise.
  4. You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Site and the Services.
  5. As stated above, the Agreement includes theses terms and any additional terms you enter into with Fotospot. The Agreement is the entire agreement between you and Fotospot and it replaces any other agreement between us on this subject. Aside from the right of Fotospot to make changes, any amendments to the Agreement must be in a writing signed by both parties.
  6. You cannot assign the Agreement without the written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.
  7. The Agreement is governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Site or Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $5,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. Any claims (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. This Agreement does not allow class of collective arbitrations even if the Arbitration Procedures or rules would. The arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

Last Updated: March 07, 2017