1. General Terms
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the spotd platform.
You agree that you will not solicit, collect or use the login credentials of other spotd users.
You are responsible for keeping your password secret and secure.
You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any spotd page is rendered or displayed in a user’s browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
Spotd is based on amazing photos from all over the world and their corresponding location data. Many of our members use these photos in a professional way and it is our number one commitment to protect their rights.
By posting or uploading content, such as photos, descriptions, etc., protected by intellectual property rights and copyrights (“Content”), you expressly grant us a non-exclusive, transferable, sub-licensable, royalty free, worldwide license to use any such Content (“License”). In order to provide the services of spotd it is necessary that the Content posted or uploaded by you are stored, hosted on servers, made available for retrieval, is technically duplicated, displayed and made publicly accessible and advertised. Therefore, this License includes the right to reproduce, distribute and exhibit the Content, the right of recitation, performance and presentation, the right of making the Content available to the public, to broadcast it for all types of reproductions, whether for film, electronic media or online services. The License also includes the right to edit or otherwise change the Content in any way respecting the peculiarity of the Content. Further, the license includes the right for spotd to fully or partially use the Content for promotional reasons and to alter photo titles, description, tags and other accompanied information accordingly.
2.2 Revocation or Deletion
You can exercise your right of revocation at any time by deleting the content or by terminating your account. In this event, the license specified above shall terminate. Please be aware that remote content persists in backups for a reasonable period of time (but is not accessible to others) if you delete the content or your account.
2.3 Owner Rights
You warrant that you are the sole owner of all rights in relation to the Content, including but not limited to copyrights and trademarks, related copyrights and that you are entitled to post or upload the content, without infringing any such rights. You are obligated to ensure that any identifiable person imaged on a photo you post or upload has consented to such use where legally required. If third parties assert claims against spotd in this regard, you shall be obliged to indemnify us from all costs and claims, as far as you are liable.
2.3 Use of the spotd platform
upload, post or make publicly accessible any content that is harassing, defamatory, threaten-ing, obscene, pornographic, hateful, violence-glorifying, racist or in any other way legally objectionable
make publicly available or disseminate content that contains programs or files that could damage anyones hardware or software, e. g. viruses, worms, Trojan horses, etc.
make publicly accessible and/or otherwise disseminate commercial advertising, junk mail, mass e-mail (“spam”), chain letters or pyramid schemes
allow others to access your account, especially to upload or post content through your account, or to sell or otherwise transfer your account
abuse the social interaction functions (e.g. votes, comments)
attempt to gain unauthorized access to another person’s account or otherwise interfere with their use
indicate false or misleading information when using on of spotd's mobile applications
copy any content of other registered members of spotd. Any use of the Content, even in extracts, especially for commercial purposes requires the prior permission of spotd or the affected spotd member. In principle, the registered members of our mobile applications are eligible as copyright holders. We will provide all photos with the name of the member who posted or uploaded them to the mobile application. Spotd does not represent and warrant that a user of the mobile application will not be able to download the images posted or uploaded there.
We reserve the right to check, edit, delete or block your content, namely your photos, under preservation of the respective moral rights. However, we do not assume any obligation to check, edit, delete or block them, whether they violate your membership obligations or whether they violate the law.
We reserve the right to check, delete or block your content, namely your photos, based on social interaction of other users. This leads to a community-leaded content moderation principle we implement in our platform
3. Responsibility of mobile application visitors or users
Spotd has not reviewed, and cannot review, all of the material, including computer software, posted to the mobile applications, and cannot therefore be responsible for that material’s content, use or effects. By operating the mobile applications, spotd does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The mobile applications may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The mobile applications may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Spotd disclaims any responsibility for any harm resulting from the use by visitors/users of the mobile applications, or from any downloading by those visitors/users of content there posted.
4. Content posted on other websites and mobile applications
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and mobile applications and webpages to which spotd, and that link to spotd. spotd does not have any control over those non-spotd Websites and mobile applications and webpages, and is not responsible for their contents or their use. By linking to a non-spotd Website and mobile applications or webpage, spotd does not represent or imply that it endorses such Website and mobile applications or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. spotd disclaims any responsibility for any harm resulting from your use of non-spotd Websites and mobile applications and webpages.
5. Copyright infringement and DCA policy
As spotd asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by spotd violates your copyright, you are encouraged to notify spotd in accordance with spotd’s Digital Copyright Act (“DCA”) Policy. spotd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. spotd will terminate a visitor’s/users’s access to and use of the mobile applications if, under appropriate circumstances, the visitor/user is determined to be a repeat infringer of the copyrights or other intellectual property rights of spotd or others. In the case of such termination, spotd will have no obligation to provide a refund of any amounts previously paid to spotd. Intellectual Property. This Agreement does not transfer from spotd to you any spotd or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with spotd logo, and all other trademarks, service marks, graphics and logos used in connection with spotd, or the mobile applications are trademarks or registered trademarks of spotd or spotd’s licensors. Other trademarks, service marks, graphics and logos used in connection with the mobile applications may be the trademarks of other third parties. Your use of the mobile applications grants you no right or license to reproduce or otherwise use any spotd or third-party trademarks.
spotd reserves the right to display advertisements on your post.
spotd reserves the right to display attribution links such as ‘spotd.photo,’ sticker attribution on mobile applications or reposts on social media platforms.
7. Domain Names
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
spotd reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. We reserve the right to change these Terms at any time in accordance with statutory requirements. spotd may also, in the future, offer new services and/or features through the mobile applications (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
spotd may terminate your access to all or any part of the mobile applications at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your spotd account (if you have one), you may simply discontinue using the mobile applications. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties
The mobile applications are provided “as is”. spotd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither spotd nor its suppliers and licensors, makes any warranty that the mobile applications will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the mobile applications at your own discretion and risk.
11. Limitation of Liability
In no event will spotd, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to spotd under this agreement during the twelve (12) month period prior to the cause of action. spotd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty
You agree to indemnify and hold harmless spotd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the mobile applications, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between spotd and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of spotd, or by the posting by spotd of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the mobile applications will be governed by the laws of the republic of Germany and the EU, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the the competent court in Germany. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Germany in the German language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; spotd may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
14.1 Linking spotd services with other services
By linking your spotd account with other accounts you own at third party providers such as Google or Apple, you agree to the terms of service of those providers. You can opt out of their terms of service at any time by de-connecting your spotd account from your accounts that you have there.
Current status: 10/2020