Date of Last Revision: November 02, 2009
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the
VSpotlight Principles, and governs our relationship with users and others who
interact with VSpotlight. By using or accessing VSpotlight, you agree to this
Statement.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to make
important disclosures about how you can use VSpotlight to share with others and
how we collect and can use your content and information. We encourage you to
read the Privacy Policy, and to use it to help make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on VSpotlight and you can
control how it is shared through your privacy and application settings. In
addition:
1. For content that is covered by intellectual property rights, like photos and
videos ("IP content"), you specifically give us the following permission,
subject to your privacy and application settings: you grant us a non-exclusive,
transferable, sub-licensable, royalty-free, worldwide license to use any IP
content that you post on or in connection with VSpotlight ("IP License"). This
IP License ends when you delete your IP content or your account unless you’re
content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the
recycle bin on a computer. However, you understand that removed content may
persist in backup copies for a reasonable period of time (but will not be
available to others).
3. When you add an application and use Platform, your content and information is
shared with the application. We require applications to respect your privacy
settings, but your agreement with that application will control how the
application can use the content and information you share. (To learn more about
Platform, read our About Platform page.)
4. When you publish content or information using the "everyone" setting, it
means that everyone, including people off of VSpotlight, will have access to
that information and we may not have control over what they do with it.
5. We always appreciate your feedback or other suggestions about VSpotlight, but
you understand that we may use them without any obligation to compensate you for
them (just as you have no obligation to offer them).
3. Safety
We do our best to keep VSpotlight safe, but we cannot guarantee it. We need your
help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications
(such as spam) on VSpotlight.
2. You will not collect users' content or information, or otherwise access
VSpotlight, using automated means (such as harvesting bots, robots, spiders, or
scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid
scheme, on VSpotlight.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to
someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that is hateful, threatening, pornographic, or that
contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third party application containing, or
advertise or otherwise market alcohol-related or other mature content without
appropriate age-based restrictions.
9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on
VSpotlight without our prior written consent. If we consent, you take full
responsibility for the promotion, and will follow our Promotions Guidelines and
all applicable laws.
10. You will not use VSpotlight to do anything unlawful, misleading, malicious,
or discriminatory.
11. You will not do anything that could disable, overburden, or impair the
proper working of VSpotlight, such as a denial of service attack.
12. You will not facilitate or encourage any violations of this Statement.
4. Registration and Account Security
VSpotlight users provide their real names and information, and we need your help
to keep it that way. Here are some commitments you make to us relating to
registering and maintaining the security of your account:
1. You will not provide any false personal information on VSpotlight, or create
an account for anyone other than yourself without permission.
2. You will not use your personal profile for your own commercial gain (such as
selling your status update to an advertiser).
3. You will not use VSpotlight if you are under 13.
4. You will not use VSpotlight if you are a convicted sex offender.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do
anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our
written permission.
8. If you select a username for your account we reserve the right to remove or
reclaim it if we believe appropriate (such as when a trademark owner complains
about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on VSpotlight that infringes or
violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on VSpotlight if we believe
that it violates this Statement.
We will provide you with tools to help you protect your intellectual property
rights. To learn more, visit our How to.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from
theVSpotlight Principles, and governs our relationship with users and others who
interact with VSpotlight. By using or accessing VSpotlight, you agree to this
Statement.
6. Sharing Your Content and Information
You own all of the content and information you post on VSpotlight and you can
control how it is shared through your privacy andapplication settings. In
addition:
1. For content that is covered by intellectual property rights, like photos and
videos ("IP content"), you specifically give us the following permission,
subject to your privacy and application settings: you grant us a non-exclusive,
transferable, sub-licensable, royalty-free, worldwide license to use any IP
content that you post on or in connection with VSpotlight ("IP License"). This
IP License ends when you delete your IP content or your account unless you’re
content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the
recycle bin on a computer. However, you understand that removed content may
persist in backup copies for a reasonable period of time (but will not be
available to others).
3. When you add an application and use Platform, your content and information is
shared with the application. We require applications to respect your privacy
settings, but your agreement with that application will control how the
application can use the content and information you share. (To learn more about
Platform, read our About Platform page.)
4. When you publish content or information using the "everyone" setting, it
means that everyone, including people off of VSpotlight, will have access to
that information and we may not have control over what they do with it.
5. We always appreciate your feedback or other suggestions about VSpotlight, but
you understand that we may use them without any obligation to compensate you for
them (just as you have no obligation to offer them).
7. Safety
We do our best to keep VSpotlight safe, but we cannot guarantee it. We need your
help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications
(such as spam) on VSpotlight.
2. You will not collect users' content or information, or otherwise access
VSpotlight, using automated means (such as harvesting bots, robots, spiders, or
scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid
scheme, on VSpotlight.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to
someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that is hateful, threatening, pornographic, or that
contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third party application containing, or
advertise or otherwise market alcohol-related or other mature content without
appropriate age-based restrictions.
9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on
VSpotlight without our prior written consent. If we consent, you take full
responsibility for the promotion, and will follow our Promotions Guidelines and
all applicable laws.
10. You will not use VSpotlight to do anything unlawful, misleading, malicious,
or discriminatory.
11. You will not do anything that could disable, overburden, or impair the
proper working of VSpotlight, such as a denial of service attack.
12. You will not facilitate or encourage any violations of this Statement.
8. Registration and Account Security
VSpotlight users provide their real names and information, and we need your help
to keep it that way. Here are some commitments you make to us relating to
registering and maintaining the security of your account:
1. You will not provide any false personal information on VSpotlight, or create
an account for anyone other than yourself without permission.
2. You will not use your personal profile for your own commercial gain (such as
selling your status update to an advertiser).
3. You will not use VSpotlight if you are under 13.
4. You will not use VSpotlight if you are a convicted sex offender.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do
anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our
written permission.
8. If you select a username for your account we reserve the right to remove or
reclaim it if we believe appropriate (such as when a trademark owner complains
about a username that does not closely relate to a user's actual name).
9. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on VSpotlight that infringes or
violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on VSpotlight if we believe
that it violates this Statement.
3. We will provide you with tools to help you protect your intellectual property
rights. To learn more, visit our How to Report Claims of Intellectual Property
Infringement page.
4. If we remove your content for infringing someone else's copyright, and you
believe we removed it by mistake, we will provide you with an opportunity to
appeal.
5. If you repeatedly infringe other people's intellectual property rights, we
will disable your account when appropriate.
6. You will not use our copyrights or trademarks (including VSpotlight, the
VSpotlight and Logos), or any confusingly similar marks, without our written
permission.
7. If you collect information from users, you will: obtain their consent, make
it clear you (and not VSpotlight) are the one collecting their information, and
post a privacy policy explaining what information you collect and how you will
use it.
8. You will not post anyone's identification documents or sensitive financial
information on VSpotlight.
If you make a payment on VSpotlight or use VSpotlight Credits, you agree to our
Payments Terms.
10. Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional
terms apply to you:
1. We give you permission to use VSpotlight's Share Link button so that users
can post links or content from your website on VSpotlight.
2. You give us permission to use such links and content on VSpotlight.
3. You will not place a Share Link button on any page containing content that
would violate this Statement if posted on VSpotlight.
11. Special Provisions Applicable to Developers/Operators of Applications and
Websites
If you are a developer or operator of a Platform application or website, the
following additional terms apply to you:
1. You are responsible for your application and its content and all uses you
make of Platform. This includes ensuring your application or use of Platform
meets our Platform Guidelines and our Advertising Guidelines.
2. Your access to and use of data you receive from VSpotlight, will be limited
as follows:
1. You will only request data you need to operate your application.
2. You will have a privacy policy or otherwise make it clear to users what user
data you are going to use and how you will use, display, or share that data..
3. You will make it clear to users what user data you are going to use and how
you will use, display, or share that data.
4. You will not use, display, or share a user's data in a manner inconsistent
with the user's privacy settings.
5. You will delete all data you received from us relating to any user who
de-authorizes, disconnects, or otherwise disassociates from your application
unless otherwise permitted in our Platform Guidelines.
6. You will delete all data you received from VSpotlight if we disable your
application or ask you to do so.
7. We can require you to update any data you have received from us.
8. We can limit your access to data.
9. You will not transfer the data you receive from us (or enable that data to be
transferred) without our prior consent.
3. You will not give us information that you independently collect from a user
or a user's content without that user's consent.
4. You will make it easy for users to remove or disconnect from your
application.
5. You will make it easy for users to contact you. We can also share your email
address with users.
6. You will provide customer support for your application.
7. You will not show third party ads or web search boxes on VSpotlight user
profiles or Pages.
8. We give you all rights necessary to use the code, APIs (along with all data
received), or tools we provide to you, but only in connection with your
application.
9. You will not sell, transfer, or sublicense our code, APIs, or tools to
anyone.
10. You will not misrepresent your relationship with VSpotlight to others.
11. You may use the logos we make available to developers or issue a press
release or other public statement so long as you follow our Platform Guidelines.
12. We can issue a press release describing our relationship with you.
13. You will comply with all applicable laws. In particular you will (if
applicable):
1. have a policy for removing infringing content and terminating repeat
infringers that complies with the Digital Millennium Copyright Act.
2. comply with the Video Privacy Protection Act ("VPPA"), and will obtain
explicit, opt-in consent from users prior to sharing with VSpotlight user data
subject to the VPPA. You acknowledge VSpotlight has no obligations under the
VPPA.
14. We do not guarantee that Platform will always be free.
15. You give us all rights necessary to enable your application to work with
VSpotlight, including the right to incorporate content you provide to us into
streams, profiles, and user action stories.
16. You give us the right to link to or frame your application and place
content, including ads, around your application.
17. We can analyze your application, content, and data for any purpose,
including commercial (such as for targeting the delivery of advertisements and
indexing content for search).
18. To ensure your application is safe for users, we can audit it.
19. We can create applications that offer similar features and services to, or
otherwise compete with, your application.
12. About Advertisements on VSpotlight
Our goal is to deliver ads that are not only valuable to advertisers, but also
valuable to you. In order to do that, you agree to the following:
1. You can use your privacy settings to limit how your name and profile picture
may be associated with commercial or sponsored content served by us. You give us
permission to use your name and profile picture in connection with that content,
subject to the limits you place.
2. We do not give your content or information to advertisers without your
consent.
3. You understand that we may not always identify paid services and
communications as such.
13. Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on VSpotlight or our
publisher network. The following additional terms apply to you if you place an
order through our online advertising portal ("Order"):
1. When you place an Order, you will tell us the type of advertising you want to
buy, the amount you want to spend, and your bid. If we accept your Order, we
will deliver your ads as inventory becomes available.
2. You will pay for your Orders in accordance with our Payments Terms. The
amount you owe will be calculated based on our tracking mechanisms.
3. Your ads will comply with our Advertising Guidelines.
4. We will determine the size, placement, and positioning of your ads.
5. We do not guarantee the activity that your ads will receive, such as the
number of clicks you will get.
6. We cannot control how people interact with your ads, and are not responsible
for click fraud or other improper actions that affect the cost of running ads.
7. You can cancel your Order at any time through our online portal, but it may
take us seven days before the ad stops running.
8. Our license to run your ad will end when we have completed your Order. You
understand, however, that if users have interacted with your ads, your ads may
remain until the users delete it.
9. We can use your ads and related content and information for marketing or
promotional purposes.
10. You will not issue any press release or make public statements about your
relationship with VSpotlight without written permission.
11. We may reject or remove any ad for any reason.
If you are placing ads on someone else's behalf, we need to make sure you have
permission to place those ads, including the following:
12. You warrant that you have the legal authority to bind the advertiser to this
Statement.
13. You agree that if the advertiser you represent violates this Statement, we
may hold you responsible for that violation.
14. Special Provisions Applicable to Pages
1. Pages are special profiles that may only be used to promote a business or
other commercial, political, or charitable organization or endeavor (including
non-profit organizations, bands, and celebrities).
2. You may only administer a VSpotlight Page if you are an authorized
representative of the subject of the Page.
3. Pages can only post content and information under the "everyone" setting.
4. When you publish content or information to your Page we have no obligation to
distribute your content or information to users.
5. If you use a Fan Box widget off of our site to promote your Page, others will
be able to copy and place the widget elsewhere.
6. You may not place a Fan Box widget in an advertisement.
7. If you collect user information on your Page, Section 9 of this Statement
also applies to you.
8. If you display advertising on your Page, Section 11 of this Statement also
applies to you.
15. Amendments
1. We can change this Statement if we provide you notice (by posting the change
on the VSpotlight Site) and an opportunity to comment To get notice of any
future changes to this Statement, visit our VSpotlight Site Governance Page and
become a fan.
2. For changes to sections 7, 8, 9, and 11 (sections relating to payments,
application developers, website operators, and advertisers), we will give you a
minimum of three days notice. For all other changes we will give you a minimum
of seven days notice. All such comments must be made on the VSpotlight Site
Governance Page.
3. If more than 7,000 users comment on the proposed change, we will also give
you the opportunity to participate in a vote in which you will be provided
alternatives.
4. We can make changes for legal or administrative reasons upon notice without
opportunity to comment.
16. Termination
If you violate the letter or spirit of this Statement, or otherwise create
possible legal exposure for us, we can stop providing all or part of VSpotlight
to you. We will notify you by email or at the next time you attempt to access
your account. You may also delete your account or disable your application at
any time. In all such cases, this Statement shall terminate, but the following
provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13,
9.15.1, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.9, 11.12, 11.13, and 14-18.
17. Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have
with us arising out of or relating to this Statement or VSpotlight exclusively
in a state or federal court located in Pinellas County. The laws of the State of
Florida will govern this Statement, as well as any claim that might arise
between you and us, without regard to conflict of law provisions. You agree to
submit to the personal jurisdiction of the courts located in Pinellas County,
Florida for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or
information on VSpotlight, you will indemnify and hold us harmless from and
against all damages, losses, and expenses of any kind (including reasonable
legal fees and costs) related to such claim.
18. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone,
but we also strive to respect local laws. The following provisions apply to
users outside the United States:
1. You consent to having your personal data transferred to and processed in the
United States.
2. If you are located in a country embargoed by the United States, or are on the
U.S. Treasury Department's list of Specially Designated Nationals you will not
engage in commercial activities on VSpotlight (such as advertising or payments)
or operate a Platform application or website.
19. Definitions
1. By "VSpotlight" we mean the features and services we make available,
including through (a) our website at www.VSpotlight.com and any other VSpotlight
branded or co-branded websites (including sub-domains, international versions,
widgets, and mobile versions); (b) our Platform; and (c) other media, software
(such as a toolbar), devices, or networks now existing or later developed.
2. By "us," "we" and "our" we mean VSpotlight, Inc., or if you are outside of
the United States, VSpotlight Ireland Limited.
3. By "Platform" we mean a set of APIs and services that enable applications,
developers, operators or services, including Connect and RSS feeds, to retrieve
data from VSpotlight or provide data to us.
4. By "information" we mean facts and other information about you, including
actions you take.
5. By "content" we mean anything you post on VSpotlight that would not be
included in the definition of "information."
6. By "data" we mean content and information that third parties can retrieve
from VSpotlight or provide to VSpotlight through Platform.
7. By "post" we mean post on VSpotlight or otherwise make available to us (such
as by using an application).
8. By "use" we mean use, copy, publicly perform or display, distribute, modify,
translate, and create derivative works of.
9. By "active registered user" we mean a user who has logged into VSpotlight at
least once in the previous 30 days.
10. By "application" we mean any application or website (including Connect
sites) that uses or accesses Platform, as well as anything else that receives
data.
20. Other
1. This Statement makes up the entire agreement between the parties regarding
VSpotlight, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining
portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a
waiver.
4. Any amendment to or waiver of this Statement must be made in writing and
signed by us.
5. You will not transfer any of your rights or obligations under this Statement
to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable
by us in connection with a merger, acquisition, or sale of assets, or by
operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.
9. Report Claims of Intellectual Property Infringement page.
10. If we remove your content for infringing someone else's copyright, and you
believe we removed it by mistake, we will provide you with an opportunity to
appeal.
11. If you repeatedly infringe other people's intellectual property rights, we
will disable your account when appropriate.
12. You will not use our copyrights or trademarks (including VSpotlight, the
VSpotlight and Logos), or any confusingly similar marks, without our written
permission.
13. If you collect information from users, you will: obtain their consent, make
it clear you (and not VSpotlight) are the one collecting their information, and
post a privacy policy explaining what information you collect and how you will
use it.
14. You will not post anyone's identification documents or sensitive financial
information on VSpotlight.
If you make a payment on VSpotlight or use VSpotlight Credits, you agree to our
Payments Terms.
15. Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional
terms apply to you:
16. We give you permission to use VSpotlight's Share Link button so that users
can post links or content from your website on VSpotlight.
17. You give us permission to use such links and content on VSpotlight.
18. You will not place a Share Link button on any page containing content that
would violate this Statement if posted on VSpotlight.
19. Special Provisions Applicable to Developers/Operators of Applications and
Websites
If you are a developer or operator of a Platform application or website, the
following additional terms apply to you:
20. You are responsible for your application and its content and all uses you
make of Platform. This includes ensuring your application or use of Platform
meets our Platform Guidelines and our Advertising Guidelines.
21. Your access to and use of data you receive from VSpotlight, will be limited
as follows:
1. You will only request data you need to operate your application.
2. You will have a privacy policy or otherwise make it clear to users what user
data you are going to use and how you will use, display, or share that data..
3. You will make it clear to users what user data you are going to use and how
you will use, display, or share that data.
4. You will not use, display, or share a user's data in a manner inconsistent
with the user's privacy settings.
5. You will delete all data you received from us relating to any user who
de-authorizes, disconnects, or otherwise disassociates from your application
unless otherwise permitted in our Platform Guidelines.
6. You will delete all data you received from VSpotlight if we disable your
application or ask you to do so.
7. We can require you to update any data you have received from us.
8. We can limit your access to data.
9. You will not transfer the data you receive from us (or enable that data to be
transferred) without our prior consent.
22. You will not give us information that you independently collect from a user
or a user's content without that user's consent.
23. You will make it easy for users to remove or disconnect from your
application.
24. You will make it easy for users to contact you. We can also share your email
address with users.
25. You will provide customer support for your application.
26. You will not show third party ads or web search boxes on VSpotlight user
profiles or Pages.
27. We give you all rights necessary to use the code, APIs (along with all data
received), or tools we provide to you, but only in connection with your
application.
28. You will not sell, transfer, or sublicense our code, APIs, or tools to
anyone.
29. You will not misrepresent your relationship with VSpotlight to others.
30. You may use the logos we make available to developers or issue a press
release or other public statement so long as you follow our Platform Guidelines.
31. We can issue a press release describing our relationship with you.
32. You will comply with all applicable laws. In particular you will (if
applicable):
1. have a policy for removing infringing content and terminating repeat
infringers that complies with the Digital Millennium Copyright Act.
2. comply with the Video Privacy Protection Act ("VPPA"), and will obtain
explicit, opt-in consent from users prior to sharing with VSpotlight user data
subject to the VPPA. You acknowledge VSpotlight has no obligations under the
VPPA.
33. We do not guarantee that Platform will always be free.
34. You give us all rights necessary to enable your application to work with
VSpotlight, including the right to incorporate content you provide to us into
streams, profiles, and user action stories.
35. You give us the right to link to or frame your application and place
content, including ads, around your application.
36. We can analyze your application, content, and data for any purpose,
including commercial (such as for targeting the delivery of advertisements and
indexing content for search).
37. To ensure your application is safe for users, we can audit it.
38. We can create applications that offer similar features and services to, or
otherwise compete with, your application.
21. About Advertisements on VSpotlight
Our goal is to deliver ads that are not only valuable to advertisers, but also
valuable to you. In order to do that, you agree to the following:
1. You can use your privacy settings to limit how your name and profile picture
may be associated with commercial or sponsored content served by us. You give us
permission to use your name and profile picture in connection with that content,
subject to the limits you place.
2. We do not give your content or information to advertisers without your
consent.
3. You understand that we may not always identify paid services and
communications as such.
22. Special Provisions Applicable to Advertisers
You can target your specific audience by buying ads on VSpotlight or our
publisher network. The following additional terms apply to you if you place an
order through our online advertising portal ("Order"):
1. When you place an Order, you will tell us the type of advertising you want to
buy, the amount you want to spend, and your bid. If we accept your Order, we
will deliver your ads as inventory becomes available.
2. You will pay for your Orders in accordance with our Payments Terms. The
amount you owe will be calculated based on our tracking mechanisms.
3. Your ads will comply with our Advertising Guidelines.
4. We will determine the size, placement, and positioning of your ads.
5. We do not guarantee the activity that your ads will receive, such as the
number of clicks you will get.
6. We cannot control how people interact with your ads, and are not responsible
for click fraud or other improper actions that affect the cost of running ads.
7. You can cancel your Order at any time through our online portal, but it may
take us seven days before the ad stops running.
8. Our license to run your ad will end when we have completed your Order. You
understand, however, that if users have interacted with your ads, your ads may
remain until the users delete it.
9. We can use your ads and related content and information for marketing or
promotional purposes.
10. You will not issue any press release or make public statements about your
relationship with VSpotlight without written permission.
11. We may reject or remove any ad for any reason.
If you are placing ads on someone else's behalf, we need to make sure you have
permission to place those ads, including the following:
12. You warrant that you have the legal authority to bind the advertiser to this
Statement.
13. You agree that if the advertiser you represent violates this Statement, we
may hold you responsible for that violation.
23. Special Provisions Applicable to Pages
1. Pages are special profiles that may only be used to promote a business or
other commercial, political, or charitable organization or endeavor (including
non-profit organizations, political campaigns, bands, and celebrities).
2. You may only administer a VSpotlight Page if you are an authorized
representative of the subject of the Page.
3. Pages can only post content and information under the "everyone" setting.
4. When you publish content or information to your Page we have no obligation to
distribute your content or information to users.
5. If you use a Fan Box widget off of our site to promote your Page, others will
be able to copy and place the widget elsewhere.
6. You may not place a Fan Box widget in an advertisement.
7. If you collect user information on your Page, Section 9 of this Statement
also applies to you.
8. If you display advertising on your Page, Section 11 of this Statement also
applies to you.
24. Amendments
1. We can change this Statement if we provide you notice (by posting the change
on the VSpotlight Site Governance Page) and an opportunity to comment to get
notice of any future changes to this Statement, visit our VSpotlight Site
Governance Page and become a fan.
2. For changes to sections 7, 8, 9, and 11 (sections relating to payments,
application developers, website operators, and advertisers), we will give you a
minimum of three days notice. For all other changes we will give you a minimum
of seven days notice. All such comments must be made on the VSpotlight Site
Governance Page.
3. If more than 7,000 users comment on the proposed change, we will also give
you the opportunity to participate in a vote in which you will be provided
alternatives.
4. We can make changes for legal or administrative reasons upon notice without
opportunity to comment.
25. Termination
If you violate the letter or spirit of this Statement, or otherwise create
possible legal exposure for us, we can stop providing all or part of VSpotlight
to you. We will notify you by email or at the next time you attempt to access
your account.
Disputes
1. You will resolve any claim, cause of action or dispute ("claim") you have
with us arising out of or relating to this Statement or VSpotlight exclusively
in a state or federal court located in Pinellas County. The laws of the State of
Florida will govern this Statement, as well as any claim that might arise
between you and us, without regard to conflict of law provisions. You agree to
submit to the personal jurisdiction of the courts located in Pinellas County,
Florida for the purpose of litigating all such claims.
2. If anyone brings a claim against us related to your actions, content or
information on VSpotlight, you will indemnify and hold us harmless from and
against all damages, losses, and expenses of any kind (including reasonable
legal fees and costs) related to such claim.
3. WE TRY TO KEEP VSPOTLIGHT UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN
RISK. WE ARE PROVIDING VSPOTLIGHT "AS IS" WITHOUT ANY EXPRESS OR IMPLIED
WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT
VSPOTLIGHT WILL BE SAFE OR SECURE. VSPOTLIGHT IS NOT RESPONSIBLE FOR THE
ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN
AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE
AGAINST ANY SUCH THIRD PARTIES.
26. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone,
but we also strive to respect local laws. The following provisions apply to
users outside the United States:
1. You consent to having your personal data transferred to and processed in the
United States.
2. If you are located in a country embargoed by the United States, or are on the
U.S. Treasury Department's list of Specially Designated Nationals you will not
engage in commercial activities on VSpotlight (such as advertising or payments)
or operate a Platform application or website.
27. Definitions
1. By "VSpotlight" we mean the features and services we make available,
including through (a) our website at www.VSpotlight.com and any other VSpotlight
branded or co-branded websites (including sub-domains, international versions,
widgets, and mobile versions); (b) our Platform; and (c) other media, software
(such as a toolbar), devices, or networks now existing or later developed.
2. By "us," "we" and "our" we mean VSpotlight, Inc., or if you are outside of
the United States, VSpotlight Ireland Limited.
3. By "Platform" we mean a set of APIs and services that enable applications,
developers, operators or services, including Connect and RSS feeds, to retrieve
data from VSpotlight or provide data to us.
4. By "information" we mean facts and other information about you, including
actions you take.
5. By "content" we mean anything you post on VSpotlight that would not be
included in the definition of "information."
6. By "data" we mean content and information that third parties can retrieve
from VSpotlight or provide to VSpotlight through Platform.
7. By "post" we mean post on VSpotlight or otherwise make available to us (such
as by using an application).
8. By "use" we mean use, copy, publicly perform or display, distribute, modify,
translate, and create derivative works of.
9. By "active registered user" we mean a user who has logged into VSpotlight at
least once in the previous 30 days.
10. By "application" we mean any application or website (including Connect
sites) that uses or accesses Platform, as well as anything else that receives
data.
28. Other
1. This Statement makes up the entire agreement between the parties regarding
VSpotlight, and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable, the remaining
portion will remain in full force and effect.
3. If we fail to enforce any of this Statement, it will not be considered a
waiver.
4. Any amendment to or waiver of this Statement must be made in writing and
signed by us.
5. You will not transfer any of your rights or obligations under this Statement
to anyone else without our consent.
6. All of our rights and obligations under this Statement are freely assignable
by us in connection with a merger, acquisition, or sale of assets, or by
operation of law or otherwise.
7. Nothing in this Statement shall prevent us from complying with the law.
8. This Statement does not confer any third party beneficiary rights.