Terms and Conditions of Use
[ Last Updated: March 27, 2012 - For answers to common questions see the FAQ ]
The SpotterNetwork ("SN") is owned and operated by Spotter Network Inc. ("SNI") an Illinois Non-Profit corporation. Listed below are the terms and conditions of use (the "Terms") for the SN. By using, accessing and/or viewing information on SN, you (the "Participant") agree to be bound by these Terms. If you violate these Terms, the SNI has the right to terminate your use of the SN and/or take appropriate legal actions against you. We reserve the right to change these Terms at any time by posting on the SN. Participant understands and agrees that its use of the SN is a benefit voluntarily given by SNI and that SNI may withdraw that benefit and rescind your participation at any time for any reason in its sole discretion. If you do not agree to the Terms you cannot use the SN or the services and information offered herein.
- PERMITTED USE. You may use the SN and the features, information and other data contained therein (collectively, the "Data") only for personal, non-commercial purposes. [Anyone needing commercial purposes should contact firstname.lastname@example.org and work out a separate agreement] You may access, view and make copies of the Data in the SN for your personal, non-commercial use and retain this data for no more than 48 hours. You may not publish or otherwise distribute the Data for any other purpose. Without limiting the foregoing, you may not utilize the Data to sell a product or service, to advertise or direct activity to other websites or for similar commercial activities without our express written consent. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Data, in whole or in part.
- RIGHT TO CONTACT. By registering with the SN you grant unrestricted rights to SNI to contact you via your listed contact information. This includes email and phone. The SNI must retain that right as a way of maintaining accountability. The SNI will only contact you for official newsletters and to investigate an issue with your account. You may revoke this right to contact at anytime by sending email to email@example.com. Upon revocation we will terminate your account with the SN.
- MONITORING. SNI shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, SNI shall have the right, but not the obligation, to remove any material we in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. However, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information from providers and users, are those of the respective author(s) or distributor(s) and not that of SNI.
- LIMITATION OF LIABILITY. SNI assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any Data contained in the SN. THE SERVICES OF THE SITE ARE PROVIDED 'AS IS' WITH NO WARRANTIES WHATSOEVER. Without limiting the generality of the forgoing, you agree that neither SNI nor any of its affiliates, employees or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the SN or any viewing or use of any information on the Site. You acknowledge that the limitations in this Section are reasonable and appropriate. SNI DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- UNAUTHORIZED USE/NO INTERFERENCE. You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the SN or use and/or monitor any information in or related to the SN for any unauthorized purpose. Specifically, each Participant, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party) do any of the following:
- Store and/or present any Data or derivative works from the SN more than 48 hours following origination of the information. Data may be provided for special use with the approval of the SN Board of Directors. This data will not contain personally identifiable information.
- Violate any applicable laws and regulations, whether federal, state, local, foreign or international, applicable to the SN, its Data and/or your use of either, including without limitation U.S. export and re-export control laws and regulations, and you will not otherwise engage in any illegal, manipulative or misleading activity through use of the SN or its Data;
- Use the SN or the Data or provide, link, or otherwise make available, any information on the Site that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, or otherwise misrepresent your affiliation;
- Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
- Attempt to gain access to confidential information to which you are not entitled;
- Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by the SN;
- Alter or delete information not provided by you, or interfere with the operation of the SN including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.
- By providing Data or material, you also agree to be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to SN's policies regarding privacy, all e-mails, messages, postings, ideas, suggestions, concepts or other ideas or materials submitted will be treated as non-confidential and non-proprietary and may be used freely thereafter by SNI for any purposes it deems appropriate including commercial gain. By submitting information to SN, you automatically grant, or warrant that the owner of such material has expressly granted SNI a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also agree to permit any other user of the SN to access, view, download or reproduce the material for any use permitted by the SN. You grant SNI the right to edit, copy, display, publish and distribute any information or material made available on the SN by you.
- INDEMNIFICATION. You agree to indemnify and to hold SNI, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys fees) arising out of your use of the SN, including, without limitation, any violations by you in the terms and conditions for your use of the SN.
- MODIFICATIONS/TERMINATION. Without limiting its other remedies, SNI may immediately discontinue, suspend, terminate or block your and any user's access to the SN at any time in its sole discretion. SNI may amend or modify these terms and conditions at any time. Any such changes will become effective immediately upon the date they are first posted to the SN. You agree to be bound by these revised terms and conditions. It is your responsibility to return to this page from time to time to review the most current terms and conditions. SNI does not assume any obligation to notify you of changes to these terms and conditions.
- ENTIRE AGREEMENT. These terms and conditions of use for the SN constitute the entire agreement between you and SNI regarding your access to the SN and your reproduction and use of any information in the SN. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of SNI.