StoneSpot Inc. Terms of Use
Last Modified: February 15, 2022
stonespot.com and its accompanying “App” (collectively, the “Platforms”) are operated by StoneSpot Inc. Throughout these “Terms of Use” we use the terms “we”, “us”, “our”, or the “Company” to refer to StoneSpot Inc. We refer to any person accessing or using these Platforms as “You,” or the “User.”
The following outlines the “Terms of Use,” together with any other legal agreements by and between you and the Company linked within these Terms of Use (collectively the “Agreement”), govern your access to and use of the Platforms’ services, features, and content, whether as a guest or a registered user. Before using any of our Platforms, you are required to read, understand, and agree to these terms.
ACCEPTANCE OF THE TERMS OF USE:
Please read these Terms of Use carefully before you start to use the Platforms. By using the Platforms, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platforms.
These Platforms are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions and Canada. By using these Platforms, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platforms.
ACCESSING THE PLATFORMS AND ACCOUNT SECURITY:
We reserve the right to withdraw or amend these Platforms, and any service or material we provide on the Platforms, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platforms is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Platforms, or the Platforms entirely, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the information available on the Platforms in the event that your operations require constant access.
To access the Platforms, or some of the resources they offer, you may be asked to provide certain registration details or other information. Details requested include, but are not limited to, first and last name, company name, email address, phone number, physical address, and credit card information (when applicable). It is a condition of your use of the Platforms that all the information you provide through the Platforms is correct, current, truthful, and complete. You agree that all information you provide to register with these Platforms or otherwise, including but not limited to through the use of any interactive features on the Platforms, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Platforms, or portions of it, using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
PLAN BILLING AND CANCELLATION OF ACCOUNTS:
You may cancel your account at any time by logging in to your account profile, navigating to the admin page, and clicking the “Cancel Account” option.
“Legacy” plans are plans in which the user is billed per order place. Non-use of a Legacy plan will not result in data deletion. Data collected from user accounts subscribed to our Legacy plans will only be deleted upon the formal cancellation of the account. However, you understand that in the event that data is deleted prior to formal cancellation, for any reason, the Company will not be held responsible for the loss of data.
“Non-Legacy” plans are plans that are subscription based, in which the user is billed on a routine basis regardless of the total orders placed. Non-Legacy plans are billed until formally canceled by the user. Non-use of Non-Legacy plans will not result in cancellation, and the user will not be entitled to a refund of any sort for non-use. Data collected from user accounts subscribed to non-legacy plans will be deleted after cancellation and at a time set by the Company. Canceling your account will not necessarily delete all of the personal information we hold for you. Please see our Privacy Policy for more information.
EMAIL CORRESPONDENCE:
Emails sent to any @stonespot.com email address are considered our property. You can read more about this in our Privacy Policy. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.
INTELLECTUAL PROPERTY RIGHTS:
The Platforms and their contents, features and functionality, including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (collectively the “Content”), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The only exception to this is in the case of user generated content.
These Terms of Use grant you a limited, revocable, non-transferable, and non-exclusive license to use the Platforms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platforms, except as follows: ● You may use the Platforms for legal business purposes. ● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. ● You may store files that are automatically cached by your web browser for display enhancement purposes. ● If we provide social media features in connection with certain Content, you may take such actions as are enabled by such features.
You must not: ● Modify copies of any materials from these Platforms, unless they are your own user generated content. ● Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. ● Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from these Platforms. ● Decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content, or otherwise distribute in any way the Content other than as specifically permitted in this Agreement.
If you wish to make any use of material on the Platforms other than that set out in this section, please address your request to: info@StoneSpot.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platforms in breach of the Terms of Use, your right to use the Platforms will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platforms or any Content on the Platforms is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Platforms not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
USER GENERATED CONTENT & PROMOTIONAL LICENSE:
Users may have the opportunity to upload content to the Platforms, such as photographs, logos, graphics, slogans, nicknames, and other materials ( the “User Generated Content”). For all User Generated Content that User holds ownership of, User shall retain ownership of, and all right, title and interest in and to said User Generated Content uploaded to the Platforms.
You must not upload or contribute any User Generated Content that falls under any of the PROHIBITED USES listed below. The Company reserves the right to remove any User Generated Content, for any reason, at its sole discretion. You must not upload or contribute any content not originally created by you, or any content which is not properly licensed by you by someone else for uploading and/or contributing. User shall indemnify and hold the Company harmless from any and all claims, liabilities, costs, losses, damages, or expenses (including attorney fees) arising from any content owned by third parties but uploaded to the Platforms by User.
User understands and expressly agrees to a non-exclusive, irrevocable license, permitting the Company to use any User Generated Content uploaded to the Platforms, solely as integrated within a final product created through the Platforms, within the Company’s professional portfolio and website, and in galleries, periodicals, and other media or exhibits for the purpose of recognition of professional excellence or advancement.
TRADEMARKS:
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, except in a manner constituting “fair use.” All other names, logos, product and service names, designs and slogans on these Platforms are the trademarks of their respective owners.
PROHIBITED USES:
You may use the Platforms and our Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platforms and/or our Services: ● In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). ● To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation. ● To transmit, or procure the sending of, any pornographic, lewd, indecent, abusive, exploitative, or otherwise harmful content. ● To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). ● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platforms, or which, as determined by us, may harm the Company or users of the Platforms or expose them to liability.
Additionally, you agree not to: ● Upload any infringing intellectual property to the Platforms; ● Use the Platforms in any manner that could disable, overburden, damage, or impair the Platforms or interfere with any other party's use of the Platforms, including their ability to engage in real time activities through the Platforms. ● Use any robot, spider or other automatic device, process or means to access the Platforms for any purpose, including monitoring or copying any of the material on the Platforms. ● Use any manual process to monitor or copy any of the material on the Platforms or for any other unauthorized purpose without our prior written consent. ● Use any device, software or routine that interferes with the proper working of the Platforms. ● Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. ● Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platforms, the server on which the Platforms is stored, or any server, computer or database connected to the Platforms. ● Attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack. ● Otherwise attempt to interfere with the proper working of the Platforms.
Any violation of the above terms will result in an immediate and permanent ban of your use of the Platforms, and depending on the nature of the violation, may result in the Company notifying law enforcement.
COOPERATION WITH LAW ENFORCEMENT AND REGULATORY BODIES:
We have the right to fully cooperate with any law enforcement authorities, regulatory agencies, or court order requesting or directing us to disclose the identity or other information of anyone sharing information with us through the Platforms. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
IMAGES, VIDEOS, AND ARTICLES:
We may display images, articles, audio, and video (the “Material”) on the Platforms from time to time. The types of Material users are authorized to access on the Platforms includes Material commissioned or licensed by the Company, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
COPYRIGHT NOTICES - DMCA REQUESTS:
In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content from our Platforms if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.
If we publish or are hosting Content that you think infringes your copyright, please email us at info@StoneSpot.com and we will address your concerns.
If the Content falls into one of the categories listed above under IMAGES, VIDEOS, AND ARTICLES, we believe that our use is legitimate and we may not remove it from the Platforms. If you have corresponded with the Company directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the DMCA can be found at the U.S. Copyright Office Website.
To file a notice of infringement with us, you must provide a written communication by email to info@StoneSpot.com with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam filters means we sometimes miss emails.
To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:
● For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material. ● Provide information reasonably sufficient to permit us to contact you - an email address and/or telephone number is preferred. ● For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image: ○ Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question. ○ Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” ● Sign the document and email it to info@StoneSpot.com.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our Website infringes your copyrights.
RELIANCE ON INFORMATION POSTED:
We may, from time to time, post informative articles or blog posts on the Platforms. The information presented on or through the Platforms is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platforms, or by anyone who may be informed of any of its contents.
These Platforms may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE PLATFORMS:
We may update the Content on these Platforms from time to time, but its Content is not necessarily complete or up to date. Any of the material on the Platforms may be out of date at any given time, and we are under no obligation to update such material.
YOUR PERSONAL INFORMATION:
All information we collect on these Platforms is subject to our Privacy Policy. By using the Platforms, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS:
All purchases through our Platforms or other transactions for the sale of services formed through the Platforms or as a result of visits made by you are governed by additional terms, which will be made available to you at the point of purchase and are hereby incorporated into these Terms of Use.
LINKS TO OTHER WEBSITES:
The Platforms may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to these Platforms, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS:
The owner of the Platforms is based in the state of California, in the United States of America. We provide these Platforms for use only by persons located in the United States and Canada, unless otherwise specifically indicated. We make no claims that the Platforms or any of its Content is accessible or appropriate outside of the United States or Canada. Access to the Platforms may not be legal by certain persons or in certain countries. If you access the Platforms from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES:
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platforms will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Company has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE PLATFORMS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS IS AT YOUR OWN RISK. THE PLATFORMS, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORMS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORMS, THEIR CONTENT OR ANY SERVICES OBTAINED THROUGH THE PLATFORMS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORMS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORMS OR ANY SERVICES OBTAINED THROUGH THE PLATFORMS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE FEDERAL OR STATE LAW.
INDEMNIFICATION:
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platforms, including, but not limited to, your user contributions, any use of the Platforms's Content, Services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platforms.
GOVERNING LAW:
All matters relating to the Platforms and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California, 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, these Terms of Use or the Platforms shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego and County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country or county of residence, or any other relevant country or county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ARBITRATION:
If you have any issue or dispute with the Company, you agree to first contact us at info@StoneSpot.com and attempt to resolve the dispute with us informally. If we are not been able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless both parties agree otherwise, the arbitration will be conducted in San Diego County, California. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
LIMITATION ON TIME TO FILE CLAIMS:
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY:
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT:
These Terms of Use and our Privacy Policy and any other incorporated terms constitute the sole and entire agreement between you and us with respect to the Platforms and Services provided, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platforms.
CHANGES TO THE TERMS OF USE:
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platforms thereafter. However, any changes to the dispute resolution provisions set forth in GOVERNING LAW will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Platforms.
Your continued use of the Platforms following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. A printed version of these Terms of Service and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
YOUR COMMENTS AND CONCERNS:
These Platforms are operated by StoneSpot Inc.
All feedback, comments, requests for technical support and other communications relating to the Platforms should be directed to info@StoneSpot.com or 1720 Oak Avenue, Carlsbad, California 92008.
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