The Spottales app (“Spottales”) has been developed by the “One Small App” in Eemnes, The Netherlands (Hereafter “One Small App”, “we” or “us”).
BY INDICATING YOUR ACCEPTANCE TO THESE “TERMS” BY REGISTERING OR USING A SPOTTALES ACCOUNT, OR ACCESSING “SPOTTALES SERVICES”, YOU AGREE TO BE BOUND BY THESE “TERMS”.
IF YOU DO NOT AGREE TO THESE “TERMS”, DO NOT ACCESS OR USE THESE SERVICES.
The Spottales Services are owned and operated by One Small App. These Terms do not alter or affect in any way the Terms and conditions of any other agreement you may have with One Small App for products and services unrelated to Spottales. If you are using Spottales Services on behalf of any entity, you warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and One Small App for any violation of these Terms.
Questions or Concerns
If you have any questions or concerns regarding any aspect of Spottales Services, please contact One Small App by using the Contact form provided at http://www.spottales.com/contact-us or send an e-mail to firstname.lastname@example.org.
One Small App is based in the Netherlands and the information we collect is governed by the law in the Netherlands. By accessing or using the Spottales Services or otherwise providing information, you consent to the processing and transfer of information in and to the Netherlands and other countries.
Spottales Services are not intended for use by anyone under the age of 13. If you are under the age of 18, or age of legal majority under applicable law, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by our Terms. By using Spottales Services you represent and warrant that (a) you have not been previously suspended or removed from Spottales and (b) you have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.
Registration and Account
In order to use the Spottales app, you will need to register for an account using a Facebook, Twitter or Google+ profile. You agree to (a) maintain and promptly update your Facebook, Twitter or Google+ account information; (b) maintain the security of your account by not sharing your password with others and restricting access to your account; (c) promptly notify One Small App if you discover or otherwise suspect any security breaches related to the Spottales Services; and (d) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Copyright and Limited License
Unless otherwise indicated, the Spottales Services and all related content and materials including the Spottales and One Small App logos / icons, and all designs, interfaces, text, graphics, pictures, videos, information, data and software provided by One Small App (collectively, the “One Small App Materials”) are the proprietary property of One Small App or our licensors or users and are protected by the Netherlands and international copyright laws.
You are granted a limited, non-exclusive and non-transferable license to access and use the Spottales Services and One Small App Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Spottales Services or One Small App Materials; (b) the distribution, public performance or public display of any One Small App Materials; (c) modifying or otherwise making any derivative uses of the Spottales Services and One Small App Materials; (d) downloading (other than caching) of any portion of the Spottales Services, the One Small App Materials or any information to which you have access using Spottales Services, except as expressly permitted by the Spottales Services application and website; (e) reverse engineering any software, methods, algorithms, or protocols used by Spottales Services, or (e) any use of the Spottales Services or One Small App Materials other than for their intended purposes. Any use of our Services or the One Small App Materials other than as specifically authorized in this paragraph, without the prior written permission of One Small App, is strictly prohibited and will terminate the license granted to you. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations. Your license can be revoked by One Small App at any time.
One Small App, Spottales, the One Small App logos, and any other One Small App product or service names or slogans are trademarks of One Small App, and may not be copied, imitated or used, in whole or in part, without the prior written permission of One Small App. In addition, the look and feel of our Spottales Services represents the exclusive branding of One Small App and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Spottales Services are the property of their respective owners.
Hyperlinks and Third Party Websites
You are granted a limited, non-exclusive right to create a text hyperlink to Spottales Services for noncommercial purposes, provided such link does not portray One Small App or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any One Small App trademark, logo or other proprietary information, including the images found on the Spottales Services, the content of any text or the layout/design of any page or form contained on a page of the Spottales Services without One Small App’s express written consent.
One Small App makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible via hyperlink or websites linking to Spottales Services. Such sites are not under the control of One Small App and One Small App is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. One Small App and our users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by One Small App of any site or third party. When you leave the Spottales Services, our Terms and policies are no longer applicable, and the policies of those third party sites will now apply. You should review the applicable Terms and policies, including privacy and data gathering practices, of any site to which you navigate from Spottales Services.
Third Party Advertisements and Promotions
One Small App may run advertisements and promotions from third parties on the Spottales Services or may otherwise provide information about or links to third-party products or services via Spottales Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. One Small App is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of non-One Small App advertisements or other third party information displayed on Spottales Services.
The Spottales Services for Premium and Promo(tional) users allow users to create and store content comprising text, sound recordings, photos, videos, images, graphics, links and other items or materials on Spottales servers (collectively, “User Content”). You are solely responsible for your use of such features and agree that you use them at your own risk. You further agree not to post, link, send, distribute, store, create or otherwise publish through the Spottales Services any of the following:
- User Content that is unlawful, libelous, defamatory, inflammatory, abusive, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable and/or disruptive;
- User Content that would constitute, encourage or provide instructions for a criminal offense or act of terrorism, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including addresses, phone numbers, email addresses, legal identification documents and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files or;
- user Content that, in the sole judgment of One Small App, is objectionable or which restricts or inhibits any other person from using or enjoying Spottales Services, or which may expose One Small App or our users to any harm or liability of any type.
The foregoing rules do not constitute a promise or expectation that the Spottales Services will not contain any User Content that is prohibited by such rules. One Small App takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is One Small App liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, One Small App is not liable for any statements, representations or content provided by users via Spottales Services. When made aware of any infringement of our rules, either being notified by third parties, or using our own moderation service, One Small App reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Spottales Services at any time, for any reason and without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Spottales Services at your sole cost and expense.
License to User Content
If you create, post, send or store User Content through the Spottales Services, you grant to One Small App a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferrable and fully sublicenseable right to use, reproduce, distribute, modify, perform, display and otherwise use such User Content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to Spottales Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
You are solely responsible for your conduct while using Spottales Services, and you agree that you will not carry out any of the following activities in connection with the Spottales Services or our users:
- Use Spottales Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could reasonably be expected to damage, disable, overstress or impair the functioning of Spottales Services in any manner;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Spottales Services or to extract data;
- Reverse engineer any aspect of Spottales Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of Spottales Services (except as otherwise expressly permitted by law);
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Spottales Services for which you are not authorized;
- Attempt to indicate in any manner that you have a relationship with One Small App or that we have endorsed you or any products or services for any purpose;
- Engage in any harassing, intimidating, predatory or stalking conduct likely to cause discomfort to other users;
- Develop any third-party applications that interact with the Spottales Services without our prior written consent;
Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Send any unsolicited commercial messages;
Use the Spottales Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms;
- Or circumvent or attempt to circumvent any filtering, security measures or other features.
You hereby grant to One Small App a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicenseable and transferable right to use any questions, comments, feedback, suggestions, recommendations, ideas or other information regarding One Small App or the Spottales Services provided by you to One Small App (“Feedback”), in any manner and for any purposes whatsoever without compensation of any kind. The foregoing license will survive the termination of this Agreement.
Except as expressly provided to the contrary in a writing by One Small App, the Spottales Services and One Small App materials are provided on an “as is” basis without warranties of any kind, either express or implied. One Small App disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as of Spottales Services, including the information, content and materials accessed on Spottales Services. One Small App does not represent or warrant that the Spottales Services or One Small App materials are accurate, complete, reliable, current or error-free.
While One Small App attempts to make your access to and use of Spottales Services safe, One Small App cannot and does not represent or warrant that Spottales Services or our server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and protect your devices from harmful components or downloads.
You agree to indemnify and, at our option, defend One Small App, our directors, officers, employees and agents (collectively, the “One Small App Entities”), from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of Spottales Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; (d) your violation of any rights of a third party; or (e) your conduct iwhen using or accessing Spottales Services.
Limitation of Liability
In no event shall any One Small App entity be liable for any special, incidental, indirect or consequential damages, including loss of use, loss of profits or loss of data, whether in an action in contract, tort (including negligence) or otherwise, arising out of or in any way connected with the use of or inability to use Spottales Services or One Small App materials, including any damages caused by or resulting from reliance on any information obtained through Spottales Services, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to One Small App’s records, programs or services.
In no event shall the aggregate liability of One Small App entities, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use Spottales Services or to these Terms exceed any payment made, if any, to One Small App for access to or use of Spottales Services.
Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
These Terms are governed by and will be construed in accordance with the laws of the Netherlands, without reference to conflict of legal provisions.
Modifications to the Spottales Services
One Small App reserves the right to modify or discontinue, temporarily or permanently, Spottales Services, or any features or portions of Spottales Services, without prior notice. You agree that One Small App will not be liable for any modification, suspension or discontinuance of the Spottales Services, or any part of the Spottales Services.
One Small App reserves the right, without notice and at our sole discretion, to terminate your right to use Spottales Services and to block or prevent your future access to and use of Spottales Services. In addition, One Small App may terminate these Terms at any time by (a) sending notice of termination to you or (b) cancelling your Spottales account, with or without notice to you. Upon termination of these Terms, the licenses granted to One Small App, warranty disclaimers, indemnification obligations, limitations of liability, Terms regarding applicable law and arbitration, and other provisions that, by their nature, are intended to survive termination will survive.
You agree that any notices or other account-related information sent to you electronically via Facebook, Twitter, Google+, or any other application / online platform messages to your Facebook account used to register with One Small App or at the email address otherwise designated in your Spottales account will be deemed to have been given by One Small App in writing and received by you on the date sent by One Small App.
One Small App’s failure to enforce any provision of these Terms shall not be deemed a waiver of the right to later enforce such provision or any other provision of these Terms.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall not affect the validity and enforceability of any remaining provisions.
These Terms contain the entire agreement and understanding between One Small App and you with respect to the subject matter of these Terms, and supersedes all prior agreements relating to use of Spottales Services.
The Spottales app for iOS:
- does not collect / share any personal information for commercial purposes
- does not include In-App-Purchases, so there are no hidden costs
- does not include links to related websites links
- does include advertisements
- does include Social Network Integration
The paid-up version of Spottales app for iOS and Android:
- does not collect /share any personal information for commercial purposes
- does not include In-App-Purchases, so there are no hidden costs
- does not include links to related websites links
- does not include advertisements
- does include Social Network Integration
The Spottales app (“Spottales”) has been developed by “One Small App” in Eemnes, The Netherlands (hereafter “One Small App”, “we” or “us”).
Collection of Information
We collect information you provide directly or indirectly when you create an account, or use Spottales Services.
Using Spottales app
When you access or use the Spottales app, we automatically collect information about you, including:
Facebook: When you login to Spottales for the first time, we ask permission to receive the following information from your Facebook profile: id, name, first name, last name, gender, locale, age range, profile picture and cover photo. We currently use only your id/name, profile picture and cover photo. We optionally request your birthday (if available) and location, We do not at any time have access to your username or password for Facebook, nor do we post to Facebook without your explicit permission.
Twitter: When you login to Spottales for the first time, we ask permission to receive the following information from your Twitter profile: id, name, first name, last name, gender, locale, age range, profile picture and cover photo. We currently use only your id/name, profile picture and cover photo. We optionally request your birthday (if available) and location, We do not at any time have access to your username or password for Twitter, nor do we post to Twitter without your explicit permission.
Google+: When you login to Spottales for the first time, we ask permission to receive the following information from your Google+ profile: id, name, first name, last name, gender, locale, age range, profile picture and cover photo. We currently use only your id/name, profile picture and cover photo. We optionally request your birthday (if available) and location, We do not at any time have access to your username or password for Google+, nor do we post to Google+ without your explicit permission.
Usage Information: We collect information about your use of the app in order to ensure we can provide the best possible service. We also save your Spottale posts in a database in order to share your Spottales posts and comments with other Spottales users.
Device Information: We may collect information about the computer or device you use to access our Services, including the hardware model, operating system and version, and mobile network provider information.
Spottales for iOS will ask for your consent to access your camera, image and video library, to help you add images and videos to Spottales.
Using this website
When you access the Spottales website, we automatically collect information about you, including:
Log Information: We log information about your use of our websites, including your browser type and language, access times, pages viewed, your IP address and the website you visited before navigating to our websites.
Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to you. Cookies are small data files that help us to improve our website, see which areas and features of our website are popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”), and Analytics codes. For more information about cookies, and how to disable them, please see “Your options” below.
Use of information
We may use information about you for various purposes, including to:
Notify you about new Spottales posts, Spottales comments and updates made to Spottales;
Provide, monitor, maintain and improve our Services, including the design, development and promotion of new features and content;
Respond to your comments, questions and requests and provide customer service;
Send you technical notices, updates, security alerts and support and administrative messages;
Monitor and analyze trends, usage and activities in connection with our Services;
Personalize and improve the Services and provide advertisements (free/promo versions only), content or features that match user profiles or interests;
Detect, investigate and/or prevent fraudulent, unauthorized or illegal activity; and
Support market research and research and development projects for new Services, Apps and other products
We will at no time provide your information to third parties solely for the purposes of direct marketing/mailing.
One Small App and Spottales are based in the Netherlands and the information we collect is governed by the law in The Netherlands.
By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the Netherlands and other countries.
Sharing of Information
With users and others who view your profile, which includes your username, and other information you publish as part of your Facebook, Twitter or Google+ profile (location, profile photo, cover photo and age), the Spottales you have created, the comments on Spottales, the number of Spottales you have posted;
With consultants and other service providers who need access to such information to carry out work on our behalf;
In response to legal process or a request for information if we believe disclosure is in accordance with any applicable law, rule, or regulation, or as otherwise required by any applicable law, rule or regulation;
In order to investigate or remedy potential violations of our user agreements or policies, or to protect the rights, property and safety of One Small App;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Analytics Services Provided by Others
You may update or correct information about yourself by editing your account settings (Interests) within Spottales, or by modifying your Facebook, Twitter or Google+ profile.
If you want to delete your account, please contact us at http://www.spottales.com/contact-us/.
Note that we may retain certain information as required by law, for legitimate business purposes, or as part of our regular retention practices. We may also retain cached or archived copies of information about you for a certain period of time.
Content: Certain features of Spottales request access to content that may be stored on your device, ie to send or upload images, video or audio. We access such content only when specifically requested by you, and at no other time. If you decide to revoke your consent and prevent us from accessing your images, video, audio files, or file system, you can do so by either changing the settings on your device (if this settings option is provided by your device operating system), or by following the standard uninstall process and removing Spottales from your device.
On iOS devices, you can grant or revoke your consent at any time and prevent us from continuing to access your images, videos, audio and locations by changing the settings on your device.
Cookies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our website.
Push Notifications/Alerts: Spottales may send push notifications or alerts to your device. You can deactivate these messages at any time by changing the notification settings on your device or by changing your settings within our Services.
To contact us, please visit http://www.spottales.com/contact-us