Privacy Policy

Effective: 06/13/2022

1. Overview

SpotDrop (the "Company," “SpotDrop,” or "We") respects the privacy of our users and we are committed to protecting it through our compliance with this policy (the “Privacy Policy”).

 

The Privacy Policy describes the types of information we may collect or that you may provide:

  • When you download, access, or use the SpotDrop mobile application (the "App");

  • When you visit the SpotDrop website (the “Website”) found at www.spotdropapp.com; and

  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

 

The Privacy Policy applies to users of SpotDrop anywhere in the world, including users of SpotDrop Apps, websites, features, and other services. This policy does NOT apply to information that you provide to or is collected by any third-party (see Third-Party Information). Third-parties may have their own privacy policies, which we encourage you to read before providing information on or through them. 

 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use the App or access the Website. By downloading, registering with, or using the App, or accessing the Website, you agree to this Privacy Policy. This policy may change from time to time as indicated by the “Last modified” date. Your continued use of this App or Website after we revise this policy means you accept those changes, so please check the policy periodically for updates.

 

2. Data Collections and Uses

2.1 Information We Collect and How We Collect It

As a part of our business operations, we may collect information from and about users of our App:

  • Directly from SpotDrop users when you provide it to us;

  • Automatically or passively when you use the App; and

  • Created during use of our services, such as location, app usage, and device data.

 

2.2 Information You Provide to Us 

When you download, register with, or use this App, we may ask you provide information:

  • By which you may be personally identified, such as name, postal address, email address, telephone number, profile picture, login name and password, or any other information the App collects that is defined as personal or personally identifiable information under applicable law ("Personal Information").

  • That is about you but individually does not identify you.

 

This information includes:

  • Information that you provide by filling in forms in the App, such as when signing up for a SpotDrop Account and at any point when posting materials on the App.

  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.

  • Your responses to surveys that we might ask you to complete for research purposes.

  • Your search queries and activity on the App.

 

You may also provide information for publication or display ("Posted") on public areas of the App or external websites you access through the App and Website (collectively, "User Contributions"). Your User Contributions are Posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile and accessing your settings, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

2.3 Automatic Information Collection and Tracking  

When you download, access, and use the App, it may use technology to automatically collect:

  • Usage Details. We may collect data about how users interact with our services. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.

  • Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.

  • Stored Information and Files. We also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

  • Location Information. This App collects precise or approximate location data from a user’s mobile device if enabled by the user to do so. SpotDrop collects this data when the App is running in the foreground, as well as the background of the user’s mobile device.  Users may use the App without enabling SpotDrop to collect location data from their mobile device.  However, this may affect some functionality available in the App.

 

If you do not want us to collect this information you may opt out at any time by reaching out to the contact information below. Note, however, that opting out of the App's collection of location information will disable its location-based features.

 

2.4. Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.

  • Web Beacons. Pages of the App [and our emails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages [or opened an email] and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

 

2.5. Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Advertisers, ad networks, and ad servers.

  • Analytics companies.

  • Your mobile device manufacturer.

  • Your mobile service provider.

The App may host content that originates from parties other than SpotDrop or its users (“Third Party Content"), or include links to other websites or applications (each, a “Third Party Service”). We do not control or endorse any Third-Party Content or Third-Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third-Party Content or Third-Party Service. Your use of and reliance on any Third-Party Content or Third-Party Service is at your own risk.  Third-Party Services may be subject to additional third-party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies. It is your responsibility to familiarize yourself with any such applicable third-party terms.

 

These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based behavioral advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

 

3. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you with the App and its contents, and any other information, products or services that you request from us.

  • Fulfill any other purpose for which you provide it.

  • Give you notices about your account, including expiration and renewal notices.

  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

  • Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

  • Send marketing and non-marketing communications to users.

  • In connection with legal proceedings.

 

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our App according to your individual interests.

  • Speed up your searches.

  • Recognize you when you use the App.

 

We use location information we collect to enable functionality and features of the App. 

 

4. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual without restriction. We may disclose personal information that we collect or you provide as described in this Privacy Policy:

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SpotDrop’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by SpotDrop about our Website users is among the assets transferred.

  • To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.

  • To fulfill the purpose for which you provide it. SpotDrop provides services, or sells products jointly with affiliated businesses. We will share Information that is related to such transactions with that affiliated business unless you expressly opt-out of such disclosure.

  • For any other purpose disclosed by us when you provide the information.

  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes.

  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of SpotDrop, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

 

5. Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

  • Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.

  • Location Information. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may become inaccessible or not function properly.

  • Promotion by the Company. If you do not want us to use your email address to promote our own or third parties' products or services, you can opt-out by contacting SpotDrop. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to the contact listed below.

  • Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers' target-audience preferences, you can opt-out by contacting SpotDrop. You can also always adjust your user advertising preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to the contact listed below.

  • Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by contacting SpotDrop. You can also always opt-out by logging into the App and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to the contact listed below.

 

6. Accessing and Correcting Your Personal Information

You can review and change your personal information by logging into the App and visiting your account profile page.

 

If you delete your User Contributions from the App, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other App users. Proper access and use of information provided on the App, including User Contributions, is governed by our terms of use. Insert LINK to Terms here.

 

California residents may have additional personal information rights and choices. Please see 7. Your California Privacy Rights for more information.

 

7. Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the SpotDrop Supplemental Privacy Notice for California Residents page.

 

8. Important Information

8.1 Children Under the Age of 16

The App is not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16 please contact us.

 

8.2 Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the App like message boards. The information you share in public areas may be viewed by any user of the App.

 

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

 

8.3 Changes to Our Privacy Policy

We may update our Privacy Policy from time to time. If we make material changes to how we treat our users' personal information, we will post the new Privacy Policy on this page. We will notify you by email to the primary email address specified in your account or through an in-App alert the first time you use the App after we make the change.

 

The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this Privacy Policy to check for any changes.

 

8.4 Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

Phone: 857-472-9484

Website: www.spotdropapp.com/contact-us

Email: team@spotdropapp.com

Postal Address:           SpotDrop

35 South Street, Apt 8

Brighton, Massachusetts 02135

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SpotDrop Supplemental Privacy Notice for California Residents

Last Modified: 06/13/2022

 

This supplemental Privacy Notice for California Residents supplements the information contained in SpotDrop’s Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

 

Information We Collect

This notice applies to information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household such as your real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers (“Personal Information”). Personal information does not include publicly-available information, deidentified or aggregated consumer information and certain other information that is regulated by other applicable laws.

 

We have collected the following categories of personal information from consumers in the last twelve (12) months:

  • Identifiers (e.g. real name, address, social security number)

  • Characteristics of protected classification under California or Federal law

  • Internet or other electronic network activity (e.g. browsing history, search history, or a consumer’s interaction with a website)

  • Geolocation data

  • Audio, visual, and similar information

  • Inferences drawn from any of the information above to create a profile about a consumer (reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and attitudes)

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.

  • Indirectly from you. For example, from observing your actions on our App and Website.

  • Through your interactions with us on social media (e.g., Facebook, Instagram, etc.)

We will not collect additional categories of Personal Information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you notice.

We may disclose your personal information to a third party for a business purpose or sell your personal information (in the limited circumstances described below), subject to your right to opt-out of those sales.

Use of Personal Information

We may use, sell, or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

  • To provide, support, personalize, and develop our App and Website, products, and services.

  • To create, maintain, customize, and secure your account with us.

  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  • To help maintain the safety, security, and integrity of our App and Website, products and services, databases and other technology assets, and business.

  • For testing, research, analysis, and product development, including to develop and improve our App and Website, products, and services.

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.

 

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

  • Service providers.

  • Data aggregators.

  • Internet cookie data recipients

  • Industry Analysts

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

The CCPA allows you to request, twice in any 12-month period, information about how we collect, store, disclose or sell your personal information. You can submit such requests using the contact information provided below. We will evaluate the request and act where required to do so.

Right to Know

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verified request (see below for an explanation), we will disclose to you:

  • The categories of personal information we collected about you.

  • The categories of sources for the personal information we collected about you.

  • Our business or commercial purpose for collecting or selling that personal information.

  • The categories of third parties with whom we share that personal information.

  • The specific pieces of personal information we collected about you (also called a data portability request).

 

You have the right to know how we have disclosed and sold your personal information in the past twelve (12) months. After we receive your verified request, we will provide you with the following in accordance with the time period allowed under the CCPA:

  • The categories of personal information we have collected from you

  • The categories of personal information we have sold about you and the categories of third parties to whom we sold such information, by category or categories of personal information for each category of third parties to whom the personal information was sold; and

  • The categories of personal information that we disclosed about you for a business purpose

Right to Delete

You have the right at any time to request that we delete your personal information through a verified request. However, in some cases we cannot delete all or some of your personal information, as required or permitted by applicable laws.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.

  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  3. Debug products to identify and repair errors that impair existing intended functionality.

  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.

  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  8. Comply with a legal obligation.

  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Right to Opt-Out

You have the right at any time to opt-out of the sale of your personal information using the contact information provided below.

Right to Non-Discrimination

We will not discriminate against you for exercising your rights under the CCPA, such as denying you products and services, charging you different rates or prices including use of discounts or penalties, or suggesting or providing a different level of service or quality of products to you. However, we may charge a different price or provide a different level or quality of products and services only if the price or difference is directly related to the value provided to you by your personal information.

Verifying Your Identity

Depending on the nature of your request, we may have to verify your identity when you contact us. We do this by:

  • Requiring you to provide sufficient information in your request that allows us to reasonably verify you are the person about whom we collected personal information, or an authorized representative of that person.

  • Sending an email to the primary email address you submit in your request and, if applicable, to any other email address we have on record for you requiring you to verify that you made the request.

Only you, or someone legally authorized to act on your behalf, may make a verified request related to your personal information. You may use an authorized agent to exercise your rights on your behalf. If you wish to use an authorized agent, we require that your authorized agent provides written proof to us that he or she is authorized to act on your behalf, and we may also require your authorized agent to verify his or her own identity. You may also make a verifiable consumer request on behalf of your minor child.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

We will only use personal information provided in your request to verify your identity or authority to make the request.

We endeavor to respond to your request as soon as we can. If we are not able to respond to your request within 45 days, we will let you know that we may require additional time (up to 90 total days) and give you the reason for the extension of time.

 

Changes to Our Privacy Notice

We reserve the right to amend this notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the App or website and update the notice's effective date. Your continued use of the App or website following the posting of changes constitutes your acceptance of such changes.

 

Contact Information

If you have any questions or comments about this notice or in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, you may contact us at:

Phone: 857-472-9484

Website: www.spotdropapp.com/contact-us

Email: team@spotdropapp.com

Postal Address: SpotDrop

35 South Street, Apt 8

Brighton, Massachusetts 02135

Terms and Conditions

Effective: 06/13/2022

Welcome to SpotDrop. This Terms of Use Agreement (the “Terms of Use” or the “Agreement”) is a binding agreement between you (referred to herein as the “End User”) and SpotDrop (the “Company,” “SpotDrop,” or “We”). The Agreement governs your use of SpotDrop’s mobile application (the “App”). The App is licensed, not sold, to you. The Company may, at any time and without notice, modify these Terms of Use by updating them on its website, www.spotdropapp.com (the “Website”) or updating them on the App. Your continued use of the Service constitutes an acceptance on your part of any such revisions. You are therefore advised to periodically visit the Website or App to review any updated Terms of Use.

By downloading and using the App you: (a) acknowledge that you have read and understand the Terms of Use; and (b) accept the Terms of Use and agree that you are legally bound by its terms. If you do not agree to these terms, please do not use the App and delete it from your mobile device.

Please note that the Terms of Use pertain to the App and not to the Company’s website, www.spotdropapp.com (the “Website”).

1. Description of Service

The App allows End Users to connect their favorite places and their social network.  End Users add locations that they prefer and can view the locations chosen by fellow End Users. 

2. Membership

2.1.      Eligibility. The App is available to all individuals except any temporarily or indefinitely suspended End Users. The Company reserves the right, in its sole discretion, to suspend or terminate your use of the App and refuse any and all current or future use of all or any portion of the App.

2.2.      Password and Security. When you complete the App’s registration process, you will create a password that will enable you to access the App. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify the Company of any unauthorized use of your password or any other breach of security. You agree that the Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

 

 

3. Fees and Payments

 

3.1.      General. Access to and use of selected basic features (the “Basic Features”) of the App is free. However, the Company may charge fees for various premium features and services (the “Premium Features”) that may be available on the App, and the Company will notify you of those charges at the time that the Company offers such Premium Features. The Company may, in its sole discretion, and by notifying you on the Website or App, begin charging for access to the Basic Features, and the Company may, in its sole discretion, add, remove, or change the features and services available on the App or the fees that the Company charges at any time. If the Company introduces a new service or charges a new fee, the Company will notify you of the fees for that service at the launch of the service or the start of charging the new fee. If the Company notifies you of new fees or changes the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. The Company is not responsible for any charges or expenses you incur resulting from being billed for Premium Features in accordance with these Terms of Use including but not limited to overdrawn accounts and exceeding account limits.

 

3.2       Promotions. The Company may from time to time offer promotions where the Company may discount or waive certain fee-based products or services. The Company may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive and, unless specified, are non-transferable and expire within thirty (30) days of date of issue. Additionally, the Company may ship free the Company promotional materials to an address you specify in order to promote the Company events. Offers, promotions, and sponsorships are subject to change.

 

4. Personal Information

 

4.1.      Definition. “Personal Information” is defined with respect to this Agreement as any information post or other material you provide (directly or indirectly), including but not limited to information through the registration process for the Company, the use of the App, any message, any public comment, or any e-mail. Publicly accessible areas of the App are those areas that are available either to some or all of the Company’s End Users (i.e., not restricted to your viewing only). You should understand that your Personal Information may be accessible by and made public through syndication programs, including but not limited to data feed tools, and by search engines, metasearch tools, crawlers, and other similar programs.

4.2.      Collection and Use of Information. You acknowledge that when you download, install, or use the App, the Company may use automatic means, including but not limited to cookies and web beacons, to collect data about your mobile device and use of the App. You also may be required to provide certain Personal Information as a condition to downloading, installing, or using the App or certain features of the App, and the App may provide you with opportunities to share Personal Information about yourself with others. All information that the Company collects through or in connection with this App is subject to our Company’s privacy policy (the “Privacy Policy”), found at www.spotdropapp.com/privacy-policy. By downloading, installing, and using this App and providing Personal Information to or through this App, you consent to all actions taken by the Company with respect to your Personal Information in compliance with the Privacy Policy.  Any other communication or material you transmit to the Company, such as questions, comments, or suggestions, will be treated as non-confidential and non-proprietary.

 

4.3.      Restrictions. In consideration of your use of the App, you agree that your Personal Information:

  1. Shall not be fraudulent;

  2. Shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;

  3. Shall not violate any law, statute, ordinance or regulation;

  4. Shall not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;

  5. Shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or End User Personal Information;

  6. Shall not create liability for the Company or cause the Company to lose, in whole or in part, the services of the Company’s ISPs or other suppliers; and

  7. Shall not link directly or indirectly to any materials to which you do not have a right to link to or include. In addition, you agree that you will provide the Company with your valid, current email address, both at the time of your registration with the Company and from time to time as your email address changes.

 

4.4.      License of Information. The Company does not claim ownership of your Personal Information and will use Personal Information only in accordance with the Privacy Policy. However, to enable the Company to use your Personal Information and to ensure that the Company does not violate any rights you may have in your Personal Information, you grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise, commercialize the copyright, publicity, and database rights (but no other rights) you have in your Personal Information, in any media now known or not currently known, with respect to your Personal Information.

 

4.5.      Consent to Disclosure. You acknowledge and agree that the Company may disclose your Personal Information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:

  1. Comply with a current judicial proceeding, a court order, or legal process served on the Company;

  2. Enforce these Terms of Use;

  3. Respond to claims that your Personal Information violates the rights of a third party;

  4. Protect the rights, property, or personal safety of the Company, its employees, End Users, and the public; or

  5. Enable the transfer or sale to another entity of all or substantially all of the Company’s assets in the line of business to which the Terms of Use relates, or upon any other corporate reorganization, subject to the representations made in the Terms of Use. The Company also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose either the Company or you to legal liability.

 

4.6.      Restriction on Use of Your Information. Except as otherwise provided in the Privacy Policy, the Company will not sell, rent, or otherwise disclose any of your Personal Information to any third party.

 

5. Use of the App

 

5.1.      General Practices. You acknowledge and agree that the Company may establish general practices and limits concerning the use of the App. You agree that the Company has no responsibility or liability for the storage, the deletion of, or the failure to store or delete any of your Personal Information. You acknowledge that the Company reserves the right to log off End Users who are inactive for an extended period of time. In addition, you acknowledge that the Company reserves the right to change these general practices and limits at any time, in the Company’s sole discretion, with or without notice.

 

5.2.      Control. You, and not the Company, are entirely responsible for all of the Personal Information, as defined in Section 4, that you upload, post, e-mail, transmit, or otherwise make available via the App. The Company does not control your Personal Information or the Personal Information posted by other End Users and does not guarantee the accuracy, purpose, integrity, or quality of your Personal Information or the Personal Information posted by other End Users. The Company does not endorse any opinions expressed by you or other End Users. You understand that by using the App, you may be exposed to information that is offensive or objectionable. The Company does not have any obligation to monitor nor does the Company take responsibility for your Personal Information or Personal Information posted by other End Users. You agree that under no circumstances will the Company, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries, or its third party partners be liable in any way for any information, including but not limited to any errors or omissions in your Personal Information or the Personal Information posted by other End Users, or for any loss or damage of any kind incurred as a result of the use of your Personal Information, Personal Information posted by other End Users, or information posted, e-mailed, transmitted, or otherwise made available in connection with the App, or for any failure to correct or remove information.

5.3.      API License

  1. Subject to the terms and conditions of this Agreement, the Company grants you as the licensee (referred to herein as the “Licensee”) a limited, non-exclusive, non-transferable, non-sub-licensable license (the “License”) to use any application programming interface (“API”) that the Company makes available to:   

  1. Download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you strictly in accordance with the App’s documentation; and    

  2. Access, stream, download, and use on such mobile device the content and services made available in or otherwise accessible through the App, strictly in accordance with this Agreement.

  1. You as licensee shall not:                                                

  1. Copy the App, except as expressly permitted by this License;                        

  2. Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;

  3. Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;  

  4. Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; or                                                            

  5. Rent, lease, lend, sell, sub-license, assign, distribute, publish, transfer, or otherwise make available the App or any features or functionality of the App to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time.

  1. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement or any other rights thereto other than to use the App in accordance with the License granted and subject to all terms, conditions, and restrictions, under this Agreement. The Company reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

 

5.4.      Grounds for Removal, Sanction, or Suspension. Notwithstanding any other provision of the Terms of Use, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account. The following list is illustrative, not exhaustive:

  1. The use of the App to:

  1. Harm or intimidate another person in any way, including restricting or inhibiting any other End User from using the App;

  2. Impersonate any person or entity (including the Company, the Company staff, and other End Users), or falsely state or otherwise misrepresent your affiliation with any person through the use of similar e-mail addresses, nicknames, or creation of false account(s) or any other method or device;

  3. Disguise the origin of any Personal Information that is transmitted to any third party;

  4. “Stalk” or otherwise harass another End User;

  5. Advertise merchandise, auctions, services, or commercial websites, including offers to trade or charitable solicitations unrelated to the Company; or

  6. Re-sell Personal Information or access to Personal Information or collect or store personal data about other End Users.

  1. Posting any Personal Information or other material:

  1. That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private e-mails or contact information about another individual), hateful, or racially, ethically, or otherwise objectionable, including any Personal Information or other material that may be considered hate speech;

  2. That is obscene or pornographic in nature;

  3. That infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or rights of publicity or privacy;

  4. That is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam” and “junk mail”); or

  5. That uses the App primarily as a lead generator or listing service for another website;

  1. Encouraging others to violate this Agreement;

  2. Refusing to follow the Company staff instruction or direction;

  3. Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national, or international law, statute, ordinance, or regulation;

  4. Disclosing the Personal Information of any other End User; or

  5. Transmitting money to the Company through financial accounts that are stolen, fraudulent, or otherwise unauthorized. The Company reserves the right to remove any post or other material without warning or further notice. While the Company prohibits such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the App at your own risk. For purposes of this Agreement, “posting” includes uploading, e-mailing, transmitting, or otherwise making available. Without limiting the foregoing, the Company shall have the right to remove any Personal Information or other material that violates this Agreement or is otherwise objectionable.

 

 

5.5.      Interference with the App. You agree that you will not:

  1. Upload, post, email, or otherwise transmit any computer routines, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

  2. Interfere with or disrupt the App or networks connected to the Website or through the use of the App, or disobey any requirements, procedures, policies, or regulations of networks connected to Website or through the use of the App, or otherwise interfere with the App in any way, including but not limited to the use of JavaScript, active, or other coding;

  3. Take any action that imposes an unreasonable or disproportionately large load on the App’s infrastructure; or

  4. Copy, reproduce, alter, modify, or publicly display any information displayed on the App (except for your Personal Information), or create derivative works from the Website (other than from your Personal Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of the Company or any other third party, except with the prior written consent of the Company or the appropriate third party.

 

6. Communications from the Company and Members of the Company’s Community

 

6.1.      Company Communications. You understand that certain communications, such as the Company service announcements and newsletters, offers of sponsorship, and promotions relevant and beneficial to you are part of the App. By using the App, you expressly agree to receive such communications from the Company. You may manage your subscriptions to the Company communications in the Preferences tab of the Your Account feature; however, some basic communications are a necessary part of the App and may not be disabled. You may receive emails from other members of the Company via your e-mail address.

 

6.2.      Other Users Including Third Parties. The Company does not control the information provided by other End Users or Third Parties, which is made available through the App.  In an attempt to provide increased value to our End Users, the Company may link the App to sites or applications operated by third parties. The Company does not endorse the content or any products or services available on such sites or applications. In addition, even if the third party is affiliated with the Company, the Company has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of the Company. You may find third party links or End Users’ information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the App.  

 

7. Updates

7.1.      The Company may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the Internet either the App will automatically download and install all available Updates or you may receive notice of or be prompted to download and install available Updates.

7.2.      You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

8. Third Party Materials

8.1.      Third Party Content. The App may display, include or make available third party content, including but not limited to data, information, applications, and other products services or materials, or provide links to third party websites or services, including through third-party advertising (“Third Party Materials”).

8.2.      Third Party Liability. You acknowledge and agree that the Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.                 

8.3.      Third Party Dealings. Your correspondence or business dealings with or participation in promotions of marketing partners or other third parties found on our website or through the App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on t website or located through the use of the App.

8.4.      Third Party Resources. The Company may provide, or third parties may provide, links to other resources provided and maintained by third parties (“Third Party Resources”) via the App. Because the Company has no control over such Third Party Resources, you acknowledge and agree that the Company is not responsible for the availability of such Third Party Resources and that the Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Resources. You also acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third Party Resources.

 

9. Trademarks; Copyrights; Proprietary Rights

 

9.1.      Company Trademarks. The Company trademarks, service marks, and other the Company logos, products, and service names, are trademarks of SpotDrop (collectively, the “Company Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the Company Trademarks without the Company’s prior written consent.

 

9.2.      Copyrights and Trademarks of Others. The Company respects the intellectual property of others, and expects the Company’s End Users to do the same. To the extent the Company uses a trademark that is the property of a third party, the Company shall provide clear notice to anyone viewing the Company’s use of that trademark that the Company does not own the trademark and that the trademark is the property of a third party, that the Company has no affiliation, connection, or association with that third party, and, if applicable, that third party has not approved or sponsored the Company’s use of the trademark in any way. The Company may, in appropriate circumstances and in its discretion, remove or disable access to material that infringes on the rights of others and terminate access to the App to those who may be repeat infringers. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been otherwise violated, please provide the Company the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

  3. A description of where the material that you claim is infringing is located on the site;

  4. Your address, telephone number, and email address;

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

All notices described above should be sent to a SpotDrop designated agent by email to team@spotdropapp.com. We suggest that you consult a legal advisor before filing a notice as the above-stated notification requirements may have changed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or an activity is infringing may be subject to liability.

 

9.3.      Proprietary Rights. You acknowledge and agree that the App contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through the App or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as consented to by the Company or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the App, in whole or in part.

10. Term and Termination

10.1.    The term of this Agreement commences when you download the App and will continue in effect until terminated by you or by the Company. 

10.2.    You may terminate this Agreement by deleting the App and all copies thereof from your mobile device.

10.3.    the Company may terminate this Agreement at any time without notice if it ceases to support the App, which the Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

10.4.    Upon termination, all rights granted to you under this Agreement will also terminate and you must cease all use of the App and delete all copies of the App from your mobile device.

10.5.    Termination will not limit any of the Company’s rights or remedies at law or in equity.

11. Disclaimer of Warranties

THE COMPANY PROVIDES THE APP ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR RESULTS OF THE APP IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE APP. THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A GENERAL PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR LIMIATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, AND THEREFORE THE ABOVE-REFERENCED EXCLUSIONS AND LIMIATIONS MAY BE INAPPLICABLE.

12. Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE APP, YOUR USE OF THE APP, THE TERMS OF USE, OR THE INABILITY TO USE OUR APP, THIRD PARTY TRANSACTIONS. THE FOREGOING LIMIATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

13. Indemnification                                                                                                                          

You agree to indemnify and hold harmless the Company and its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, and third-party partners from any claim or demand, including reasonable attorneys’ fees, relating to or arising out of your breach of your representations and warranties or this Agreement, your use of the App, your Personal Information, your violation of any law, statute, ordinance, or regulation, or the rights of a third party. Without limiting the foregoing, you, as an End User, agree to indemnify and hold harmless the Company and its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries, and third party partners from any claim or demand, including reasonable attorneys’ fees, made by any End User or third party due to or arising out of your actions as an End User of the App.

 

14. Dispute Resolution

You agree to attempt in good faith to resolve with the company any dispute, claim or controversy arising out of or relating to these Terms of Service including the documents it incorporates by reference. In the event that the dispute, claim or controversy is not resolved by these negotiations, the matter will be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”), or its successor, for mediation and, if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration. Nonetheless, legal action taken by the Company to collect any fees, recover damages for, or obtain an injunction relating to, the operations of the Website operations or intellectual property, shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by the Company. In addition, either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in the Commonwealth of Massachusetts necessary to protect the rights or property of you or the Company pending the completion of arbitration.

15. Geographic Restrictions

The content and services of the App are based in the Commonwealth of Massachusetts in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the App’s content and services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you are responsible for compliance with local laws.

16. Export Regulation

 

The App may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the U.S.

17. Miscellaneous 

17.1.    Notices. Except as otherwise stated in this Agreement or as expressly required by local law, any notice to us shall be given by email to team@spotdropapp.com and any notice to you shall be given to the email address that you provided to the Company during the registration process.

17.2.    No Agency. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship between you and the Company is intended or created by this Agreement.

17.3.    Governing Law. The Terms of Use is governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the general jurisdiction in the Commonwealth of Massachusetts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17.4.    Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by the Company, in its sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of the Company’s assets, or similar transaction.

17.5.    No Guaranty. The Company cannot and does not guarantee continuous, uninterrupted, or secure access to the App, and operation of the App may be interfered with by numerous factors outside of the Company’s control.

17.6.    Severability. If any provision of this Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of the Terms of Use will continue in full force and effect.

17.7.    Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

17.8.    Limitation. You and the Company each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.

17.9.    Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

 

17.10 Intended Audience. This website is intended for adults only. This App is not intended for any children under the age of 16.

 

17.11 Compliance with Laws. You agree to comply with all applicable laws regarding your use of the App. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

17.11.  Entire Agreement. This Terms of Use and our Privacy Policy constitute the entire agreement between you and the Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App.

By indicating during registration that you have read and agreed to the Terms of Use, you are agreeing that you have read and understand the Terms of Use and agree to all of the terms of the Agreement.  Thank you for your interest in SpotDrop. We are excited to welcome you to the SpotDrop community!