These Terms and conditions were last updated on September 30th 2016
Thanks for choosing to use Spot & Change! which we will refer to as “Services” from now on. To ensure that you understand the relationship that you are entering, we have created these terms and conditions. You must read, understand and agree to these terms and conditions in order to use our Services. If you do not agree, do not use our services.
Please be aware that the following terms and conditions are a legally binding agreement between you, as the user of the service, and Spot and Change. The terms below identify permissible uses and rules of the service.
In this Agreement where the context admits the following expressions shall have the meanings set out below:
Spot and Change Ltd (“we”, “our”, “Spot and Change”): The company incorporated under the law of UK which has %100 shares of the mobile application (“App”).
Members (“you” or “End User”): Customer who completed the registration process of Spot and Change and obtained an account.
The service operated by Spot and Change Ltd. which provides entertainment services for the members and promotion/marketing services on behalf of third parties (“Advertisers”).
Your use of the App after we update these Terms and conditions will constitute acceptance of the modified Terms and conditions.
We also reserve the right to change or discontinue any aspect or feature of our services or the App including, but not limited to, requirements for access or use.
As a condition of your use of this app, you must agree that:
• You are at least 14 years of age;
• You possess the authority to create a binding legal obligation with Spot and Change;
• Your use of this services will at all times comply with the terms and conditions;
• You may create only one account for your personal use;
• If you are using the Services on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
• You agree that information about yourself shall be accurate, true, current and complete.
If you create an account on our App, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations, we may terminate your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you.
If you commit fraud or falsify information in connection with your use of the App or in connection with your Spot and Change account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the App.
When Creating an Account, don’t:
• Provide any false Personally Identifiable Information to us (including a false username) or create any Account for anyone other than yourself without such other person’s permission;
• Use a username that is the name of another person with the intent to impersonate that person;
• Use a username that is subject to rights of another person without appropriate authorization; or
• Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
• Register more than one account with the purpose of creating a “dummy” account. Spot and Change may decide at its sole discretion that the account in question is “dummy” and terminate the account
We shall not guarantee you the uninterrupted service. However, we will endeavour our best for minimum interruptions on the service. The Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control the Services access may be interrupted, suspended or terminated. Spot and Change retains the right at our sole discretion to deny service, or access to the App to anyone or an account, at any time and for any reason.
Spot and Change Ltd. and its partners has the proprietary of the contents and information on the service. You hereby agree that distribution, transmission, modification, copying, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling or re-selling any information, software, products or services obtained from or through the Service is strictly prohibited.
Spot and Change respects other people’s rights, and you should too! Please be informed that, the services and app is private property. All interactions and communications on this service must comply with the terms and conditions and abide the law of the country. You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. By using our services, you agree that:
• You will not probe, scan, or test the vulnerability of our Services or any system or network;
• Tampering or interfering with the proper functioning of any part, page or area of the App and any and all functions and services provided by Spot and Change;
• Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our App, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the App;
• You will not upload viruses or other malicious code or otherwise compromise the security of the Services;
• You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
• Solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Spot and Change;
• Reselling or repurposing your access to the App or any purchases made through the App;
• You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent;
• Using the App or any of its resources to solicit App End Users, Merchants or other business partners of Spot and Change to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Spot and Change;
• Using any End User or Merchant information from the App for any commercial purpose, including, but not limited to, marketing;
• You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information.
• Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
• Aggregating any live or post-feature content or other information from the App (whether using links or other technical means or physical records associated with purchases made through this App) with material from other sites or on a secondary site without our express written permission.
• Deep-linking to any portion of this App without our express written permission;
• Acting illegally or maliciously against the business interests or reputation of Spot and Change, our Merchants or our services; or
• Hyperlinking to the App from any other app or website without our initial and ongoing consent
By using the App, you are agreeing to not post offensive content. That includes, but is not limited to, the following;
• You will not use the Services for any purpose that is illegal or prohibited in these Terms;
• You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence;
• Violates or infringes someone else's rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
• bullies, harasses, or intimidates;
• You will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm's way just to capture a Snap.
All Content posted or otherwise submitted to the App is the sole responsibility of the user from which such Content originates and you acknowledge and agree that you, and not Spot and Change are entirely responsible for all Content that you post, or otherwise submit to the App. Spot and Change does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the App you may be exposed to Content that is offensive, indecent or objectionable.
We, shall not be held responsible for the any of the Internet and other networks’ security (to access Spot and Change services) Spot and Change is not responsible for any data lost during transmission. Please be aware that we are not internet or network providers and pay attention to your own security.
Everything located on or in this App is the exclusive property of Spot and Change or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS APP OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF Spot and Change IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
This App and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the App are protected by copyright as a collective work under the United Kingdom copyright laws. Spot and Change owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Spot and Change or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Spot and Change is a (pending) trademark of Spot and Change Ltd. It, together with other trademarks that are located within or on the App otherwise owned or operated in conjunction with Spot and Change shall not be deemed to be in the public domain but rather the exclusive property of Spot and Change, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Spot and Change unless otherwise stated.
You will not upload, post or otherwise make available on this App any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Spot and Change does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this App, you warrant that the owner of such material has expressly granted Spot and Change the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant Spot and Change the right to edit, copy, publish and distribute any material that you make available on this App.
Spot and Change reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.
If you believe that any material has been posted via the App by an End User in a way that constitutes copyright infringement, you shall provide Spot and Change with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the App of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you. You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. We may also forget to say thank you, so thanks in advance!
We’ll try to keep the service up and running at all times, but we can’t keep any promises.
THE APP AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE APP, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE APP ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS APP IS AT YOUR SOLE RISK. NEITHER SPOT AND CHANGE, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE APP WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS APP, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR VOUCHERS PROVIDED THROUGH THIS APP.
SPOT AND CHANGE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE APP, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE APP, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
In the event a dispute arises out of or in connection with Spot and Change, we shall attempt to resolve the dispute through friendly consultation.
Any dispute or difference arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the Scottish Arbitration Centre on the written application of either party. The seat of arbitration shall be Scotland. The language to be used in the arbitral proceedings shall be English
You understand and agree that all Statements are public and not private. Any other person (whether or not a user of Spot and Change services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Spot and Change does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our App are not confidential.
You agree to defend, indemnify and hold harmless Spot and Change, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the App or any use of the App in violation of these Terms.
You are solely responsible for your interactions with Merchants and other users of the App. To the extent permitted under applicable laws, you hereby release Spot and Change from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Spot and Change, and any conduct or speech, whether online or offline, of any other user.
No waiver by either you or Spot and Change of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
You are contracting with Spot and Change LTD. The provisions of these Terms and Conditions apply equally to and are for the benefit of Spot and Change, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.