The services that SPOT LOCAL provides to User are subject to the following
Terms of Use ("TOU"). SPOT LOCAL reserves the right to update the
TOU at any time without notice to User. The most current version of the TOU
can be reviewed by clicking on the "Terms of Use" hypertext link
located at the bottom of our Web pages.
1. ACCEPTANCE OF TERMS
A. This Agreement, which incorporates by reference other provisions applicable
to use of
www.SpotRedSea.com,
including, but not limited to, supplemental terms and conditions set forth
hereof ("Supplemental Terms") governing
the use of certain specific material contained in
www.SpotRedSea.com, sets
forth the terms and conditions that apply to use of
www.SpotRedSea.com by
User. By using SPOT LOCAL (other than to read this Agreement for the first
time),
User agrees to comply with all of the terms and conditions hereof. The right
to use
www.SpotRedSea.com is personal to User and is not transferable to any
other person or entity. User is responsible for all use of User's Access
Card (under any screen name or password) and for ensuring that all use of
User's
Access Cards complies fully with the provisions of this Agreement. User shall
be responsible for protecting the confidentiality of User's password(s),
if any. The User hereby agrees to subscribe to all SPOT LOCAL Newsletters upon registering as a User on any SPOT LOCAL domain. The User reserves the right to unsubscribe to any publication at any time.
B. SPOT LOCAL shall have the right at any time to change or discontinue
any aspect or feature of
www.SpotRedSea.com, including, but not limited to,
content,
hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
SPOT LOCAL shall have the right at any time to change or modify the terms
and conditions applicable to User's use of
www.SpotRedSea.com, or any part
thereof, or to impose new conditions, including, but not limited to, adding
fees and charges for use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on
www.SpotRedSea.com, or by electronic
or conventional mail, or by any other means by which User obtains notice thereof.
Any use of
www.SpotRedSea.com by User after such notice shall be deemed to constitute
acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, SPOT LOCAL provides User with access to a variety
of resources, including shopping & booking services, communication forums
and product information (collectively "Services"). The Services,
including any updates, enhancements, new features, and/or the addition of any
new Web properties, are subject to the TOU.
4. EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer
hardware, software and other equipment needed for access to and use of
www.SpotRedSea.com
and all charges related thereto.
5. USER CONDUCT
A. User shall use
www.SpotRedSea.com for lawful purposes only. User shall
not post or transmit through
www.SpotRedSea.com any material which violates
or infringes
in any way upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate any
law, or which, without SPOT LOCAL's express prior approval, contains advertising
or any solicitation with respect to products or services. Any conduct by
User
that in SPOT LOCAL's discretion restricts or inhibits any other User from
using or enjoying
www.SpotRedSea.com will not be permitted. User shall not
use
www.SpotRedSea.com
to advertise or perform any commercial solicitation, including, but not limited
to, the solicitation of users to become subscribers of other on-line information
services competitive with SPOT LOCAL .
B.
www.SpotRedSea.com contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video,
graphics, music and sound, and the entire contents of
www.SpotRedSea.com are
copyrighted as a collective work under the British copyright laws. SPOT LOCAL
owns a copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. User may not modify,
publish, transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in part. User
may download
copyrighted material for User's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be permitted
without the express permission of SPOT LOCAL and the copyright owner. In
the event of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark legend
or copyright notice shall be made. User acknowledges that it does not acquire
any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on
www.SpotRedSea.com
any material protected by copyright, trademark or other proprietary right
without the express permission of the owner of the copyright, trademark or
other proprietary
right and the burden of determining that any material is not protected by
copyright rests with User. User shall be solely liable for any damage resulting
from
any infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of
www.SpotRedSea.com, User automatically grants, or warrants that the owner of such material
has expressly granted SPOT LOCAL the royalty-free, perpetual, irrevocable,
non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material.
User also
permits any other User to access, view, and store or reproduces the material
for that User's personal use. User hereby grants SPOT LOCAL the right to
edit, copy, publish and distribute any material made available on
www.SpotRedSea.com
by User.
D. The foregoing provisions of Section 5 are for the benefit of SPOT LOCAL,
its subsidiaries, affiliates and its third party content providers and licensors
and each shall have the right to assert and enforce such provisions directly
or on its own behalf.
6. USE OF SERVICES
The Services may contain messaging services, bulletin board services, news
groups, forums, communities, personal web pages, calendars, photo albums, file
cabinets and/or other message or communication facilities designed to enable
User to communicate with others (each a "Communication Service" and
collectively "Communication Services"). User agrees to use the Communication
Services only to post, send and receive messages and material that are proper
and, when applicable, related to the particular Communication Service. By way
of example, and not as a limitation, User agrees that when using the Communication
Services, User will not:
• Use the Communication Services in connection with surveys, contests,
pyramid schemes, chain letters, junk email, spamming or any duplicative
or unsolicited messages (commercial or otherwise).
• Defame abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
• Publish post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or
by rights of privacy or publicity) unless User own or control the rights thereto
or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which
are made available through the Services in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that may
damage
the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that
User know, or reasonably should know, cannot be legally reproduced, displayed,
performed,
and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author
attributions, legal or other proper notices or proprietary designations or labels
of the
origin or source of software or other material contained in a file that
is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication
Services.
• Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
• Harvest or otherwise collect information about others, including email
addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the Services or other user or
usage
information or any portion thereof.
SPOT LOCAL has no obligation to monitor the Communication Services. However,
SPOT LOCAL reserves the right to review materials posted to the Communication
Services and to remove any materials in its sole discretion. SPOT LOCAL reserves
the right to terminate User’s access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever. SPOT LOCAL
reserves the right at all times to disclose any information as it deems necessary
to satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole
or in part, in SPOT LOCAL's sole discretion.
Materials uploaded to the Communication Services may be subject to posted
limitations on usage, reproduction and/or dissemination; User is responsible
for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information
in any Communication Services. SPOT LOCAL does not control or endorse the content,
messages or information found in any Communication Services and, therefore,
SPOT LOCAL specifically disclaims any liability with regard to the Communication
Services and any actions resulting from User’s participation in any Communication
Services. Managers and hosts are not authorized SPOT LOCAL spokespersons, and
their views do not necessarily reflect those of SPOT LOCAL.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete
the registration process by providing SPOT LOCAL with current, complete and
accurate information as prompted by the applicable registration form. User
also will choose a password and a user name. User is entirely responsible for
maintaining the confidentiality of User’s password and account. Furthermore,
User is entirely responsible for any and all activities that occur under User’s
account. User agrees to notify SPOT LOCAL immediately of any unauthorized use
of User’s account or any other breach of security. SPOT LOCAL will not
be liable for any loss that User may incur as a result of someone else using
User’s password or account, either with or without User’s knowledge.
However, User could be held liable for losses incurred by SPOT LOCAL or another
party due to someone else using User’s account or password. User may
not use anyone else's account at any time, without the permission of the account
holder.
8. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets
and FAQs) from the Services is granted, provided that (1) the below copyright
notice appears in all copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be copied or posted on
any network computer or broadcast in any media, and (3) no modifications of
any Documents are made. Accredited educational institutions, such as universities,
private/public colleges, and state community colleges, may download and reproduce
the Documents for distribution in the classroom. Distribution outside the classroom
requires express written permission. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
SPOT LOCAL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS
PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SPOT
LOCAL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SPOT LOCAL AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM
THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. SPOT LOCAL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
9. NOTICES REGARDING DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL SPOT LOCAL AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM THE SERVICES.
10. MATERIALS PROVIDED TO SPOT LOCAL OR POSTED AT ANY OF ITS WEBSITES
SPOT LOCAL does not claim ownership of the materials User provide to SPOT
LOCAL (including feedback and suggestions) or post, upload, input or submit
to any Services or its associated services for review by the general public,
or by the members of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") User’s Submission User
is granting SPOT LOCAL, its affiliated companies and necessary sublicenses
permission to use User’s Submission in connection with the operation
of their Internet businesses (including, without limitation, all SPOT LOCAL
Services), including, without limitation, the license rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat User’s Submission; to publish User’s name in connection
with User’s Submission; and the right to sublicense such rights to any
supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission,
as provided herein. SPOT LOCAL is under no obligation to post or use any Submission
User may provide and SPOT LOCAL may remove any Submission at any time in its
sole discretion. By Posting a Submission User warrants and represents to own
or otherwise control all of the rights to User’s Submission as described
in these Terms of Use including, without limitation, all the rights necessary
for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting
a Submission that contain images, photographs, pictures or that are otherwise
graphical in whole or in part ("Images"), User warrant and represent
that (a) User is the copyright owner of such Images, or that the copyright
owner of such Images has granted User permission to use such Images or any
content and/or images contained in such Images consistent with the manner and
purpose of User’s use and as otherwise permitted by these Terms of Use
and the Services, (b) User have the rights necessary to grant the licenses
and sublicenses described in these Terms of Use, and (c) that each person depicted
in such Images, if any, has provided consent to the use of the Images as set
forth in these Terms of Use, including, by way of example, and not as a limitation,
the distribution, public display and reproduction of such Images. By Posting
Images, User is granting (a) to all members of User’s private community
(for each such Images available to members of such private community), and/or
(b) to the general public (for each such Images available anywhere on the Services,
other than a private community), permission to use User’s Images in connection
with the use, as permitted by these Terms of Use, of any of the Services, (including,
by way of example, and not as a limitation, making prints and gift items which
include such Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat User’s Images without
having User’s name attached to such Images, and the right to sublicense
such rights to any supplier of the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time User completely remove such
Images from the Services, provided that, such termination shall not affect
any licenses granted in connection with such Images prior to the time User
completely remove such Images. No compensation will be paid with respect to
the use of User’s Images.
11. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF
www.SpotRedSea.com IS AT USER'S SOLE RISK.
NEITHER SPOT LOCAL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
www.SpotRedSea.com WILL
BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF
www.SpotRedSea.com, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH
www.SpotRedSea.com .
B.
www.SpotRedSea.com IS
PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE
FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR
UNDER ANY
OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT SPOT LOCAL
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD-PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL SPOT LOCAL, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING
www.SpotRedSea.com OR THE SPOT LOCAL SOFTWARE,
BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE
www.SpotRedSea.com . USER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH
ABOVE NEITHER, SPOT LOCAL, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS
OF THE
CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED
WITHIN
www.SpotRedSea.com,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER,
OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE
OR CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE
FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL,
INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES,
ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES
RESULTING
FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS
FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE
PROVIDERS
(INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS).
THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A
MAXIMUM
OF
FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS
AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT
THE AFFECTED
PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
12. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE SPOT LOCAL'S SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF SPOT LOCAL AND SPOT LOCAL IS NOT RESPONSIBLE FOR
THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR
ANY CHANGES OR UPDATES TO SUCH SITES. SPOT LOCAL IS NOT RESPONSIBLE FOR WEBCASTING
OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SPOT LOCAL
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF
ANY LINK DOES NOT IMPLY ENDORSEMENT BY SPOT LOCAL OF THE SITE.
SPOT LOCAL is a distributor (and not a publisher) of content supplied by third
parties and Users. Accordingly, SPOT LOCAL has no more editorial control over
such content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed
or made available by third parties, including information providers, Users
or any other user of
www.SpotRedSea.com, are those of the respective author(s)
or distributor(s) and not of SPOT LOCAL. Neither SPOT LOCAL nor any third-party
provider of information guarantees the accuracy, completeness, or usefulness
of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through
www.SpotRedSea.com represents
the opinions and judgments of the respective information provider, User, or
other user not under contract with SPOT LOCAL. SPOT LOCAL neither endorses
nor is responsible for the accuracy or reliability of any opinion, advice or
statement made on
www.SpotRedSea.com by anyone other than authorized SPOT LOCAL
employee spokespersons while acting in their official capacities. Under no
circumstances will SPOT LOCAL be liable for any loss or damage caused by a
User's reliance on information obtained through
www.SpotRedSea.com . It is the
responsibility of User to evaluate the accuracy, completeness or usefulness
of any information, opinion, advice or other content available through SPOT
LOCAL. Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content.
13. UNSOLICITED IDEA SUBMISSION POLICY
SPOT LOCAL OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS
OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES.
PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER
WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS
OR DISPUTES WHEN SPOT LOCAL'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR
TO IDEAS SUBMITTED TO SPOT LOCAL. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS
TO SPOT LOCAL OR ANYONE AT SPOT LOCAL. IF, DESPITE OUR REQUEST THAT YOU NOT
SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT
SPOT LOCAL MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED
AS CONFIDENTIAL OR PROPRIETARY.
14. MONITORING
SPOT LOCAL shall have the right, but not the obligation, to monitor the content
of
www.SpotRedSea.com, including chat rooms and forums, to determine compliance
with this Agreement and any operating rules established by SPOT LOCAL and to
satisfy any law, regulation or authorized government request. SPOT LOCAL shall
have the right in its sole discretion to edit, refuse to post or remove any
material submitted to or posted on
www.SpotRedSea.com . Without limiting the
foregoing, SPOT LOCAL shall have the right to remove any material that SPOT
LOCAL, in its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable.
15. INDEMNIFICATION
User agrees to defend, indemnify and hold harmless SPOT LOCAL, its affiliates
and their respective directors, officers, employees and agents from and against
all claims and expenses, including attorneys' fees, arising out of the use
of SPOT LOCAL by User or User's Account.
16. TERMINATION
Either SPOT LOCAL or User may terminate this Agreement at any time. Without
limiting the foregoing, SPOT LOCAL shall have the right to immediately terminate
User's Account in the event of any conduct by User which SPOT LOCAL, in its
sole discretion, considers to be unacceptable, or in the event of any breach
by User of this Agreement.
17. MISCELLANEOUS
This Agreement and any operating rules for
www.SpotRedSea.com established by
SPOT LOCAL constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous written or oral agreements
between the parties with respect to such subject matter. This Agreement shall
be construed in accordance with the laws of the British, without regard to
its conflict of laws rules. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for convenience only and shall
not be given any legal import.
18. COPYRIGHT NOTICE
SPOT LOCAL its logos are trademarks of SPOT LOCAL Ltd. All rights reserved.
All other trademarks appearing on SPOT LOCAL are the property of their respective
owners.
19. TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their
Respective owners. The example companies, organizations, products, domain names,
email addresses, logos, people and events depicted herein are fictitious. No
association with any real company, organization, product, domain name, email
address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.