Thank you for visiting the ViralSpot™ website located at www.viralspot.xyz (the “Site”). The Site is an Internet property of ViralSpot Inc. (“ViralSpot™,” “we,” “our” or “us”). Each end-user visitor to the Site (“User”) agrees to the following ViralSpot™ Website Terms and Conditions (“Terms and Conditions”), in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site as made available by other Users (collectively, “User Submitted Content”) and/or ViralSpot™ (“LT Content,” and together with the User Submitted Content, “Content”); (c) accesses links to ViralSpot’™ social media pages/accounts on third party social media websites, such as Facebook® (collectively, “Social Media Pages”); and/or (d) utilizes the Site’s many interactive features designed to facilitate interaction between you, ViralSpot™ and other Users including, but not limited to, comment sections located in designated areas of the Site (collectively, the “Interactive Services” and together with the Site, Content, and Social Media Pages, the “ViralSpot™ Offerings”).
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Please be advised that ViralSpot™ is not in any way affiliated with Facebook, and the ViralSpot™ Offerings are not endorsed, administered or sponsored by Facebook.
Scope; Modification of Agreement
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and ViralSpot™ with respect to Users’ use of the ViralSpot™ Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to our Users; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and/or App (as applicable), and Users should review the Agreement prior to using any ViralSpot™ Offerings. By a User’s continued use of the ViralSpot™ Offerings, that User hereby agrees to comply with all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
How Does ViralSpot Gather and Use Information?
ii. Server Statistics. We collect general statistics to track user trends on our Site. These statistics include hits to our server, the types of browsers used to access our Site, page views, and navigational patterns. The information that is collected in this manner does NOT provide us with any personally identifiable information about our users. It helps us track “where” our users are coming from. This allows us to pinpoint high traffic areas and determine the most effective ways to communicate with our users. As part of that ongoing analysis, ViralSpot also uses devices called “web beacons” to help us identify when emails sent to you have been received and read. In order to prevent the introduction of viruses and hackers into the ViralSpot site we may collect information, such as IP addresses, into a log file to be used to identify potential hackers of the ViralSpot site.
Personal Information You Provide Us.
2. Requirements. The ViralSpot™ Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The ViralSpot™ Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If a User is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) and/or if that User is unable to enter into legally binding contracts under applicable law, that User does not have permission to use and/or access the ViralSpot™ Offerings.
Comment Registration and/or Termination of Access
3. Comment Registration and/or Termination of Access to the ViralSpot™ Offerings. In order to post a comment via the Interactive Services, you must have a Facebook® account. Your Facebook® account name will appear as your screen name when posting a comment. Where a User places a comment using her/his Facebook® account, ViralSpot™ may collect some or all of the following (depending on the User’s Facebook® account settings and the discretion of Facebook®): (a) the User’s e-mail address; (b) the information listed in the “About Me” section of the User’s Facebook® account; (c) the “interests” associated with the User’s Facebook® account; (d) the User’s Facebook® account ID and the “likes” associated with the User’s Facebook® account; and (e) any other information collected via the Facebook® account interface (collectively, “Registration Data”).
ViralSpot™ may terminate a User’s access to the ViralSpot™ Offerings including, without limitation, that User’s right to post a comment via the Interactive Services, at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where ViralSpot™ believes that such User is: (i) in any way in breach of the Agreement; (ii) engaged in any improper conduct in connection with the ViralSpot™ Offerings; and/or (iii) conducting any unauthorized commercial activity by and through the ViralSpot™ Offerings.
4. Content/Neutral Host. Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other ViralSpot™ Offerings. ViralSpot™ does not control the User Submitted Content provided by other Users and/or Content provided by certain third party content providers (“Third-Party Providers”) that is made available by and through the ViralSpot™ Offerings. Such Users and/or Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such User Submitted Content and/or other Content, as applicable. The Content should not necessarily be relied upon. ViralSpot™ does not represent or warrant that the Content and other information posted by and through the ViralSpot™ Offerings is accurate, complete, up-to-date or appropriate. ViralSpot™ operates the Site and other ViralSpot™ Offerings as a neutral host. You understand and agree that ViralSpot™ will not be responsible for, and ViralSpot™ undertakes no responsibility to monitor or otherwise police, Content. You agree that ViralSpot™ shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.
User Submitted Content
5. User Submitted Content. As permitted by ViralSpot™, Users can submit to ViralSpot™, for publication on the Site, User Submitted Content: (a) comprising and/or containing material produced by third parties from which User has obtained all right, title and interest necessary to make same available by and through the ViralSpot™ Offerings and grant the assignment of rights to ViralSpot™ contained herein (“Properly Licensed Content”); (b) depicting themselves; and/or (c) depicting those individuals that have provided their express consent to appear in same and allow the User to make same available by and through the Site, as subject to the assignment of rights to ViralSpot™ contained herein (“Authorized Individuals”). All User Submitted Content must comply with all of the standards, conditions, restrictions and requirements set forth herein including, without limitation, in Section 7 below. You may not use any third party’s name, photographic depiction or other identifying information in any User Submitted Content (other than that associated with Authorized Individuals, or individuals that you would have the right to reference under applicable law). ViralSpot™ may reject your User Submitted Content and/or remove your User Submitted Content at any time and for any reason, in its sole discretion, including any User Submitted Content that ViralSpot™ believes, in its sole and reasonable discretion, is fraudulent, does not depict the applicable User, is posted without the permission of the applicable copyright holder, does not comply with the Agreement or is otherwise objectionable, improper or invalid.
(I) Users must ensure that the User Submitted Content: (A) only depicts the User him/herself, Authorized Individuals and no other party other than those appearing in the Properly Licensed Content (collectively, the “Depicted Parties”); (B) complies with any and all applicable laws, rules and regulations; (ii) does not infringe upon any third party’s intellectual property rights; and (C) complies with all other requirements set forth in the Agreement, and otherwise established by ViralSpot™ from time to time.
(II) Each User represents and warrants that she/he has all right, title and interest in and to her/his User Submitted Content as necessary to grant ViralSpot™ the right to display same on the Site and/or in any and all other forms of media whether now known or later devised in perpetuity without compensation, and to grant the other rights and licenses to ViralSpot™ as set forth herein.
(II) By submitting User Submitted Content to the Site, each User irrevocably assigns to ViralSpot™ the exclusive, perpetual and royalty-free right throughout the world to: (A) film, tape, illustrate and photograph the Depicted Parties’ images, record, broadcast and transmit the Depicted Parties’ voices, conversations and sounds, including any performance by any means now or later devised, and otherwise exploit the User Submitted Content on the Site and in any form of media whether now known or later devised; and (B) copyright, use and reuse, publish and republish, publicly display, reproduce, copy, modify, create derivative works from, in whole or in part, in any medium, the User Submitted Content as well as that User’s name, pictures, voice and likeness, for any and non-commercial purposes, or otherwise including, but not limited to, in connection with the promotion of ViralSpot™, the ViralSpot™ Offerings or any part thereof.
You understand and agree that ViralSpot™ is not responsible or liable in any manner whatsoever for you inability to submit User Submitted Content and/or for ViralSpot’™ refusal to post the User Submitted Content that you submitted to the Site. ViralSpot™ shall not be liable to any Member, User or third party for any claim in connection with any of the User Submitted Content.
Please be advised that the User Submitted Content is made available by applicable Users and not ViralSpot™. The Users are solely responsible for the content, accuracy, completeness, appropriateness and/or validity of the User Submitted Content, and the legality associated with its dissemination via the Site and/or other media. ViralSpot™ does not represent or warrant that the User Submitted Content is accurate, complete or appropriate, or that such User Submitted Content was produced in compliance with applicable laws, rules and/or regulations. Users and/or other third parties may find certain User Submitted Content to be offensive, harmful, hateful, discriminatory, harassing, threatening and/or inaccurate. Users and/or other third parties understand and agree that ViralSpot™ will not be responsible for, and ViralSpot™ undertakes no responsibility to monitor or otherwise police, such User Submitted Content. Users and/or other third parties agree that ViralSpot™ shall have no obligation and incur no liability to Users and/or other third parties in connection with any such User Submitted Content.
6. Interactive Services. Subject to the restrictions set forth herein, the Interactive Services will allow you to participate in comment sections and other interactive areas of the Site. You agree to use the Interactive Services in full compliance with all applicable laws and regulations. Each User shall be solely responsible for their comments, opinions, statements, feedback and other content (collectively, “Feedback”) posted by and through the Interactive Services (“Feedback”). You understand and agree that ViralSpot™ shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. The Interactive Services contain Feedback that is provided directly by Users. You agree that ViralSpot™ shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. ViralSpot™ does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete or appropriate. ViralSpot™ reserves the right to remove any Feedback from the Site at any time and for any reason, in ViralSpot’™ sole discretion
Feedback and User Submitted Content Standards
7. Feedback and User Submitted Content Standards. In connection with your User Submitted Content and Feedback, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene, as defined under applicable law; (d) impersonate any person or entity; (e) “stalk” or otherwise harass any person; (f) engage in advertising to, or commercial solicitation of, Users or other third parties; (g) transmit any chain letters, spam or junk e-mail to any Users or other third parties; (h) express or imply that any statements that you make are endorsed by ViralSpot™; (i) harvest or collect personal information of Users or other third parties whether or not for commercial purposes, without their express consent; (j) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the ViralSpot™ Offerings or related content; (k) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained within the ViralSpot™ Offerings; (m) interfere with or disrupt any of the ViralSpot™ Offerings and/or the servers or networks connected to same; (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (p) “frame” or “mirror” any part of the Site; (q) use metatags or code or other devices containing any reference to the ViralSpot™ Offerings in order to direct any person to any other website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the ViralSpot™ Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of access to some or all of the ViralSpot™ Offerings without notice, in the sole discretion of ViralSpot™. ViralSpot™ reserves the right to pursue any and all legal remedies against Users that engage in the aforementioned prohibited conduct.
Social Media Pages
8. Social Media Pages. The Site contains links to the various ViralSpot™ Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that ViralSpot™ shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
9. User Interactions. Users are solely responsible for their interactions with other Users and individuals. Because we are not involved in Users interactions, in the event that you have a dispute with one or more Users and/or other third-parties, you hereby release ViralSpot™ and its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
Representations and Warranties
10. Representations and Warranties. Each User hereby represents and warrants to ViralSpot™ as follows: (a) the Agreement constitutes such User’s legal, valid and binding obligation which is fully enforceable against such User in accordance with its terms; (b) such User understands and agrees that such User has independently evaluated the desirability of utilizing the ViralSpot™ Offerings and that such User has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) such User’s performance under the Agreement, such User’s use of the ViralSpot™ Offerings, their User Submitted Content (if applicable) and their Feedback (if applicable) will not: (i) invade the right of privacy or publicity of any third person; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law; and/or (iv) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of publicity, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity; and (e) if applicable, User will be solely responsible for their User Submitted Content and Feedback.
11. Indemnification. Each User agrees to indemnify, defend and hold ViralSpot™, its parents, affiliates and/or subsidiaries, and each of their respective officers, partners, contractors, members, managers, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) her/his User Submitted Content and Feedback; (b) any dispute between that User and any other User or third party; (c) User’s breach of the Agreement and/or any representation or warranty contained herein; (d) any allegation that User (or any User Submitted Content and/or Feedback) has infringed upon the trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party; (e) any claim that User’s use of the ViralSpot™ Offerings has violated any applicable law; and/or (f) User’s use of the ViralSpot™ Offerings in any manner whatsoever.
12. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the ViralSpot™ Offerings. ViralSpot™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by ViralSpot™, Users may only use the ViralSpot™ Offerings for their own personal, non-commercial use. No part of the ViralSpot™ Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the ViralSpot™ Offerings except as expressly permitted by ViralSpot™. No User or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the ViralSpot™ Offerings, or any portion thereof. No User or other third party may create any “derivative works” by altering any aspect of the ViralSpot™ Offerings. No User or other third party may use the ViralSpot™ Offerings in conjunction with any other third-party content. No User or other third party may exploit any aspect of the ViralSpot™ Offerings for any commercial purposes not expressly permitted by ViralSpot™. Each User further agrees to indemnify and hold ViralSpot™ harmless for that User’s failure to comply with this Section 12. ViralSpot™ reserves any rights not explicitly granted in the Agreement.
13. Proprietary Rights. The ViralSpot™ Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third party of any part of the ViralSpot™ Offerings is strictly prohibited. No User or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the ViralSpot™ Offerings. The posting of information or material by and through the ViralSpot™ Offerings does not constitute a waiver of any right in or to such information and/or materials.
Copyright Policy/DMCA Compliance
14. Copyright Policy/DMCA Compliance. ViralSpot™ reserves the right to terminate any User’s access to the ViralSpot™ Offerings where that User infringes upon third-party copyright rights. If any User or other third party believes that a copyrighted work has been copied and/or posted via the ViralSpot™ Offerings in a way that constitutes copyright infringement, that party should provide ViralSpot™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for ViralSpot’™ Copyright Agent for notice of claims of copyright infringement is as follows:
15. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the ViralSpot™ Offerings is a violation of criminal and civil law and ViralSpot™ will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Disclaimer of Warranties
16. Disclaimer of Warranties. THE ViralSpot™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ViralSpot™ MAKES NO WARRANTY THAT THE ViralSpot™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; AND/OR (D) WILL BE ACCURATE OR RELIABLE. THE ViralSpot™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ViralSpot™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE CONNECTION ASSOCIATED WITH THE ViralSpot™ OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM ViralSpot™ OR OTHERWISE THROUGH OR FROM THE ViralSpot™ OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitiation of Liability
17. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT ViralSpot™ SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ViralSpot™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE ViralSpot™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE ViralSpot™ OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND/OR THIRD PARTIES; (D) ANY MATTER RELATING TO ANY USER SUBMITTED CONTENT AND/OR FEEDBACK; (E) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER’S REGISTRATION DATA; AND (F) ANY OTHER MATTER RELATING TO THE ViralSpot™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES ViralSpot™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF ViralSpot™ TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE ViralSpot™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR ViralSpot™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND ViralSpot™. ACCESS TO THE ViralSpot™ OFFERINGS WOULD NOT BE PROVIDED TO ANY USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF ViralSpot™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Third Party Websites
18. Third Party Websites. The ViralSpot™ Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites. ViralSpot™ does not control the information, products or services available on or through these third party websites. The inclusion of any link does not imply endorsement by ViralSpot™ of the applicable website or any association with the website’s operators. Because ViralSpot™ has no control over such websites and resources, each User agrees that ViralSpot™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third parties. Each User further agrees that ViralSpot™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site.
Editing, Deleting and Notification
19. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or Content appearing on the Site.
User of User Information
Dispute Resolution Provisions
21. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the ViralSpot™ Offerings, any User Submitted Content or Feedback, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) each User agrees to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide petitioning Users with a final written settlement offer after receiving such User’s Initial Dispute Notice (“Final Settlement Offer”). If we provide a petitioning User with a Final Settlement Offer and that User does not accept it, or we cannot otherwise satisfactorily resolve that User’s dispute and that User wishes to proceed, that User must submit its dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in that User’s county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, a User can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards a User relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if that User retained an attorney to represent it in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that such User’s attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from any User unless the arbitrator determines that such User’s claim was frivolous.
To the extent permitted by law, each User agrees that it will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that it may have against ViralSpot™ and/or its employees, officers, directors, members, representatives and/or assigns. Each User agrees to the entry of injunctive relief to stop such a lawsuit or to remove it as a participant in the suit. Each User agrees to pay the attorney’s fees and court costs that ViralSpot™ incurs in seeking such relief. This provision preventing Users from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any User’s rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. Any User may opt-out of these dispute resolution provisions by providing written notice of her/his decision within thirty (30) days of the date that she/he first accesses the Site.
22. Miscellaneous. To the extent that anything in or associated with the ViralSpot™ Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
23. Contact Us. If any User has any questions about the Agreement, ViralSpot™ Offerings or the practices of ViralSpot™, that User can email us as at: [email protected]