Terms of Use

  1. DESCRIPTION OF SERVICE AND ACCEPTANCE

    OneSpot (”OneSpot,” “we” or “us”) provides an online content aggregation and publishing service described on this site (collectively, “Content”) available on the www.onespot.com website (the “OneSpot Site”), OneSpot’s affiliate and distribution partner websites (”Distribution Sites”), and other websites where users may embed the Services (these websites, together with the OneSpot Site and Distribution Sites, are referred to collectively as the “Sites”). Our service, including the OneSpot and third-party widgets, Web pages, RSS/Atom feeds, and newsletters, and any other features, tools, applications, materials or other services offered from time to time by OneSpot in connection with its business on any of the Sites are referred to collectively as the “OneSpot Services.” We are a website based in the United States.

    It is our pleasure to provide the OneSpot Services for your information, benefit, and personal enjoyment. In order for all of our users to enjoy the OneSpot Services, it is important to follow the terms and conditions described in this Terms of Use (”Terms of Use” or “Terms”). By visiting the OneSpot Site or using any of the OneSpot Services on any of the Sites, you are accepting this Terms of Use. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at feedback@onespot.com (subject line: “TOU Question”).

  2. CHANGES TO THE TERMS OF USE BY ONESPOT

    OneSpot may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the OneSpot Site at http://www.onespot.com/terms-of-use/. Any visit to the OneSpot Site or use of the OneSpot Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.

  3. ACCESS AND USE OF THE ONESPOT SERVICES

    You must be at least 13 years of age to visit the OneSpot Site or use the OneSpot Services on any Site.

    OneSpot grants you a limited license to access the OneSpot Site. OneSpot owns and retains all rights to the OneSpot Services.

    The Content provided to users as part of the OneSpot Services on any Site is owned by OneSpot and its licensors, and is protected by intellectual property laws, including trademark, trade secret, copyright, and other laws. You may view the Content only for your own use and you must leave any copyright and other proprietary notices marked on the content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of Content on any of the Sites is strictly prohibited unless you have obtained the prior written consent of OneSpot or unless it is expressly permitted by OneSpot on a Site. The Content covered by this restriction includes any text, graphics, logos, photographs, audio and video material, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless you have obtained the prior written consent of OneSpot or unless it is expressly permitted by OneSpot on a Site. This prohibition applies even if you intend to give away the derivative materials.

    In order to participate in certain OneSpot Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

    In order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue some or all of the OneSpot Services, at any time without notice or liability.

  4. PAYMENTS

    Access to the OneSpot Site is free. To use OneSpot’s technology on your site, a monthly subscription is required. You are responsible for any carrier charges to access the internet.

  5. ACCOUNTS AND REGISTRATION

    We may from time to time offer various features that require registration or the creation of an account on the OneSpot Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.

    All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at feedback@onespot.com (subject line: “Account Security Breach”) as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

    You may terminate your account by emailing feedback@onespot.com (subject line: “Account Termination Request”). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.

    We reserve the right to immediately terminate your account or your use of the OneSpot Services at any time without notice or liability if OneSpot determines in its sole discretion that you have breached this Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct.

  6. COLLECTION AND USE OF PERSONAL INFORMATION

    For information about OneSpot’s policies and practices regarding the collection and use of your personally identifiable information, please read OneSpot’s Privacy Policy located at http://www.onespot.com/privacy-policy/. The Privacy Policy is incorporated by reference and made part of this Terms of Use.

    Thus, by agreeing to this Terms of Use, you agree that your presence on the OneSpot Site and use of the OneSpot Services on any of the Sites are governed by the OneSpot Privacy Policy in effect at the time of your use.

  7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

    As part of the OneSpot Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, “Post”) reviews, comments or other materials (collectively, “User Material”). In order to keep the OneSpot Services enjoyable for all of our users, we ask you to adhere to the following rules.

    Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the OneSpot Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; (b) discloses personally identifiable information, such as your full name, email address, telephone number or street address; (c) attempts to collect personally identifiable information in violation of our Privacy Policy; (d) utilizes bots or spiders or disproportionately burdens OneSpot’s system; (e) improperly claims the identity of another person; (f) is for purposes of spamming; (g) contains any virus or other harmful component; or (h) is for commercial purposes, contains advertising, or attempts to solicit. If you breach these Terms and Post or otherwise send spam, advertising, or other unsolicited communications of any kind through the OneSpot Services, you acknowledge that you will have caused substantial harm to OneSpot, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay OneSpot $50 for each such unsolicited communication you send through the OneSpot Services.

    Despite these restrictions, please be aware that some material provided by users may be inaccurate or inappropriate. OneSpot does not endorse any User Material, and User Material that is posted does not reflect the opinions or policies of OneSpot. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does OneSpot assume any responsibility or liability whatsoever for any User Material. Please notify us of any inappropriate User Material you find. If a “report” feature through the OneSpot Services is not available for a specific instance of inappropriate User Material, please email feedback@onespot.com (subject line: “Inappropriate User Material”).

    You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant OneSpot the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material.

    OneSpot does not claim any ownership rights in User Material you Post. After posting your User Material, you continue to retain all ownership rights. By posting your User Material, you grant OneSpot a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the OneSpot Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your User Material in connection with the OneSpot Services. For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we could not allow other users to view your User Material. The license you grant to OneSpot is non-exclusive (meaning you are free to license your User Material to anyone else in addition to OneSpot), fully-paid and royalty-free (meaning that OneSpot is not required to pay you for the use of your User Material), and sublicensable (so that OneSpot is able to use its affiliates, subcontractors and other partners such as internet content delivery networks to provide the OneSpot Services).

  8. LINKED WEBSITES AND ADVERTISING

    If we provide links or pointers to other websites, no inference or assumption should be made that OneSpot operates or controls these websites. When you click on a link within the OneSpot Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website.

    OneSpot is not responsible for the content or practices of any other website, even if it links to the OneSpot Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with OneSpot.

    OneSpot takes no responsibility for advertisements or any third party material posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers.

  9. TRADEMARKS

    OneSpot, the OneSpot logo, www.onespot.com, and other OneSpot names, graphics, logos, scripts, and sounds are trademarks of OneSpot. None of the OneSpot trademarks may be copied, downloaded or otherwise exploited without OneSpot’s prior written consent.

  10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

    While we do our best to ensure the optimal performance of the OneSpot Services, you agree that use of the OneSpot Services is at your own risk. The OneSpot Services, including the OneSpot Site and the other Sites, the Content, User Material and any other materials contained on or provided through the Sites, are provided “as is” and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, OneSpot does not make any warranties of fitness for a particular purpose; or that the OneSpot Services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.

    In no event shall OneSpot or its affiliates, and each of their respective investors, directors, officers, employees, agents and suppliers (collectively, the “OneSpot Parties”), be liable for any direct, indirect, punitive, incidental, special, consequential or other damages, including loss of profits, arising out of or in any way related to the use of the OneSpot Services (including any information, products or services advertised in, obtained on or provided through the Sites), whether based in contract, tort, strict liability or other theory, even if the OneSpot Parties have been advised of the possibility of damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

    You agree to defend, indemnify and hold harmless the OneSpot Parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorney’s fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these Terms and your use of the OneSpot Services.

  11. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

    If you believe that any Content, User Material or other material provided through the OneSpot Services, including through a link, infringes your copyright, you should notify OneSpot of your infringement claim in accordance with the procedure set forth below.

    We will process each notice of alleged infringement which OneSpot receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to OneSpot’s Copyright Agent at feedback@onespot.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:

    • Attention: Copyright Agent
    • OneSpot
    • 4202 Spicewood Springs Road
    • Suite 202
    • Austin, TX 78759
    • Facsimile: (800) 618-0768

    To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the OneSpot Services; (d) your address, telephone number, and email address; (e) a written 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 (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    OneSpot has a policy of terminating repeat infringers in appropriate circumstances.

  12. GENERAL INFORMATION

    Software and the transmission of applicable technical data, if any, in connection with the OneSpot Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

    This Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

    This Terms of Use is governed by, and construed in accordance with, the laws of the State of Texas without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in the Travis County of the State of Texas.

    This Terms of Use constitutes the whole legal agreement between you and OneSpot and governs your use of the OneSpot Services (but excluding any services, if any, that OneSpot may provide to you under a separate written agreement), and completely replaces any prior agreements between you and OneSpot in relation to the OneSpot Services. It may not be amended or varied by you except in a writing signed by OneSpot. For these purposes a signature may not include an electronic signature.

    Thank you for taking the time to read this Terms of Use. By following these Terms, the experience will be better for all users.