Terms of Service
We (the folks at Spotbot, Inc.) run a website monitoring service called Spotbot and would love for you to use it. Spotbot's basic service is free, and we offer paid upgrades for larger sites and advanced features like API access.
Terms of Service:
- Your Spotbot.qa Account. If you create an account on Spotbot.qa, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must immediately notify Spotbot of any unauthorized uses of your blog, your account, or any other breaches of security. Spotbot will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you post material to Spotbot.qa, post links on Spotbot.qa, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By submitting Content to Spotbot for inclusion on your website, you grant Spotbot a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your account data. If you delete Content, Spotbot will use reasonable efforts to remove it from Spotbot.qa, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Spotbot has the right (though not the obligation) to, in Spotbot's sole discretion, (i) refuse or remove any content that, in Spotbot's reasonable opinion, violates any Spotbot policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Spotbot.qa to any individual or entity for any reason. Spotbot will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms. Optional paid services such as premium service levels are available (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Spotbot the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You may cancel at any time, in which case service will be terminated at the end of the paid billing period.
- Automatic Renewal. Unless you notify Spotbot before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the billing section of your team's settings page.
Responsibility of Visitors.
Spotbot has not reviewed, and cannot review, all of the material posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Spotbot 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. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services 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. Spotbot disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages which Spotbot monitors. Spotbot does not have any control over those non-spotbot.qa websites, and is not responsible for their contents or their use. By scanning a website, Spotbot does not represent or imply that it endorses such website.
Copyright Infringement and DMCA Policy.
As Spotbot 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 Spotbot.qa violates your copyright, you are encouraged to notify Spotbot in accordance with the Digital Millennium Copyright Act ("DMCA"). Spotbot will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Spotbot will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Spotbot or others. In the case of such termination, Spotbot will have no obligation to provide a refund of any amounts previously paid to Spotbot.
This Agreement does not transfer from Spotbot to you any Spotbot or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Spotbot.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Spotbot may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Spotbot.qa account (if you have one), you may simply discontinue using our Services. 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.
Disclaimer of Warranties.
Our Services are provided "as is." Spotbot 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 Spotbot nor its suppliers and licensors, makes any warranty that our Services 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, our Services at your own discretion and risk.
Limitation of Liability.
In no event will Spotbot, 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 Spotbot under this agreement during the twelve (12) month period prior to the cause of action. Spotbot 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.
General Representation and Warranty.
US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Spotbot reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Spotbot, 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 our Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Spotobot and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Spotbot, or by the posting by Spotbot of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., 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 state and federal courts located in San Francisco County, California. 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 San Francisco, California, in the English 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; Spotbot 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.
Updated April 04, 2016