Terms of Use

Effective date: September 25, 2019

 

Spotmate (“the service”, “we”, “our”) offers a free service with which you can show all the amazing things your friends do. You do this by Spotting (i.e. taking a picture of) your friends and then post it to their profiles. The use of this service comes with the following terms:

 

  1. Dutch Law

    On these Terms of Use and all possible ensuing claims are governed by the Dutch Law.

  1. Service

    Our Service includes all products, functions, Apps, Sites, technologies or Software we provide in order to accomplish our Mission: Let’s bring social back to Social Media! Our Service includes the following aspects:

  • Spot your friends and show all the amazing things they do. You fill the profile of your friends, and they fill yours.
  • Pin Spots on you so they remain on your profile after 12 hours
  • Light up the day of your friends by lighting their Spots
  • Follow people that interest you and see Spots on them
  • Invite friends that are not on Spotmate yet by Spotting them
  • A positive, inclusive and safe environment
  • Developing Technologies which we use to provide our service to a growing community
  • Connecting you to brands, companies and services in a way that is important for you
 
  1. Data you provide


    In order to execute our service, certain information that you provide will be stored. Which information that is, how we store it and what we do with it, can be found in our privacy statement.

  2. Obligations of the user


    To provide a Service that is inclusive for everybody, but at the same time is also safe, secured and in accordance to the law, we have to restrict the use of our Service. We strongly urge you to celebrate your friendships and other relationships and refrain to post anything that you yourself would not like if similar content about you was posted. Furthermore, we have the following restrictions: 

About You: 

 

  • You have to be at least 13 years old
  • You have not been blocked from our Services previously because you did not comply with the Law or with our Terms of Use. 
  • You may not be a registered sex offender
  • It may not be forbidden by law to receive any part of our service 

About the things you must or cannot do: 

 

  • You may not do anything illegal, fraudulent or misleading. You may also not do anything that serves an illegal purpose. 
  • You may not post any content that contains or refers to (excessive) nudity, violence, drugs, discrimination or other offensive content. You may not post any content that contains excessive swearing, excessive full-caps posts, expletives or blasphemy. 
  • You may not systematically retrieve data or other content from our Services without a written permission from us. 
  • You may not pretend to be somebody else or provide incorrect information
  • You may not violate these Terms of Use or any other agreement we make with you, nor may you ask, encourage or help other users to do so. 
  • You may not do anything that hinders the intended use of the Service. 
  • You may not do anything to gain access to other accounts than yours. 
  • You may not generate accounts or content in an unauthorized way. For example, you may not create accounts automatically. 
  • You may not sell anything from your account including placing pictures on somebody else’s account for any compensation, nor may you ask other users to do so. 
  • You may not place private or confidential information or do anything that violates the rights, including intellectual property, of anybody else. 
  • You may not use a domain name or a URL in your name.
  • You may not (attempt to) send any virus, trojan horse or any other material that hinders the intended use of the Service 
  • You may not decompile, decypher or reverse engineer any of the software. You may also not use any Software we provide to create derived works. 
  • You may not harass, intimidate or threaten our employees or other users. 
  • We expect you to be concerned about your own account security and we therefore expect that you update your password regularly. We therefore also expect that you do not share your account details with others.
 
  1. Permissions you give us

     

  • We do not claim ownership of the content you place, however, you grant us a license to use your content. You license us, whenever you share content, place content or upload content on which intellectual property rests, to our Service or related to our Service, a non-exclusive, transferable, royalty free, sublicensable, world-wide licence to host, use, distribute, modify, execute, copy, show in public, translate and make derived works. (In accordance to your privacy-settings and settings for apps). You can end this licence at any time by removing the content from our Service or by removing your account. Removed content may still be available for backup reasons for a commercially reasonable amount of time.
  • You agree that we can download and install updates for our service on your devices. 
  • You give us permission to use your profile picture, information about your relationships and actions with accounts, advertisements and sponsored content, for a.o. monitoring app performance but also for commercial reasons.
 
  1. What happens when you violate the terms of use 
  • We can delete your content or any other information if we are of the opinion that these content violates our Terms of Use, or if we are legally bound to do so. 
  • We can decide to disengage our Service to you if you clearly, excessively or repeatedly violate our Terms of Use or any other agreement we make with you. 
  • We can also disengage our Service if you repeatedly violate the Intellectual Property of others or if we are legally bound to do so. If we discontinue our Service to you, we will, if applicable, inform you. It is possible that some of your content will be stored on back-ups even after you delete the content or delete your account. This section, and the section that this agreement is made under the Dutch Law still apply, even after you disengage from our Service.

     

  1. Responsibility

     

  • Except as represented in this agreement, all work product by the Developer is provided “AS IS”. Other than as provided in this agreement, the Developer makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranty of merchantability and the warranty of fitness for a particular purpose. 
  • To prevent unwanted content, e.g. violent or nudity, on Spotmate, we use an automatic filter on uploaded images (for violent and/or nudity posts) and provide the possibility to report content, after which we provide moderation. Nevertheless, we  explicitly disclaim any warranty that all of the content you can find in our Service or on our site, is not violent, obscene, offensive, illegal or by any other means unwanted content. If you, the user, would see any content that is unwanted, offensive or for any other reason you feel it should be reported, please do so. 
  • We do not disclaim any warranty if we are legally bound to provide that warranty.
 
  1. Our right to change the terms of use


    We may update our Site, our App or any of our Products. We may also change at any moment our Terms of Use. When we update our Terms of Use, we will inform you by either the App or an email at least 30 days prior to the change, except when we are legally bound not to. We will also update our Site to reflect changes in our Terms of Use. During this period you will be able to discontinue the use of our Services. If you keep using our Services, you are legally bound to our new Terms of Use. If you do not agree with this or any Terms of Use, you can delete your account here.

Close Menu