Terms & Conditions

By signing up, you agree to our Terms set out below.

 

1. Introduction

 

Welcome to fotspot® (“fotspot”, “we”, “us” or “our”).

fotspot® (the “Service”) enables you to create content, assign it attributes and associate it with a location.

2. Content

 

You own the content of the fotspots you create.

You grant fotspot® unconditional, irrevocable, non-exclusive, royalty-free, fully transferable perpetual worldwide licence to use, store, display, reproduce, modify, adapt, edit, publish, and distribute that content, and to authorise third parties use, store, display, reproduce, modify, adapt, edit, publish, and distribute that content in any format and on any platform, either now known or hereinafter invented.

You give us permission to allow every other fotspot user to discover and view your fotspots.

When you create a fotspot you are allowing everyone who views it to associate it with your username.

You accept we do not control or direct users' actions on fotspot and are not responsible for the content users place in a fotspot. We do not endorse, support or guarantee the truthfulness, accuracy or reliability of the content.

You agree not to create fotspots that

  • Bully, intimidate, upset or harass other people (e.g. individuals, genders, ages, communities, groups or nationalities)

  • Contain nudity or sexual content; incitement to violence; incitement to self harm; violent or graphic content; incitement to break the law; threats, predatory behaviour, harassment or intimidation

  • Contain other people’s personal information that they do not wish to share

  • Solicits login information from other users

  • Break the law in the country you’re creating the fotspot

  • Assists in the distribution of viruses or other malicious code

  • Promotes unlawful activities or schemes

  • Could disable, overburden or impair the proper working of fotspot

  • Encourages violation of these Terms.

You accept that any user can delete any fotspot.  We will inform you if a fotspot you created has been deleted and you have the right to appeal to us.  We will then decide if the fotspot should be undeleted or not.  You accept that our decision is final.

You accept we have no obligation to pre-screen, monitor, review, or edit any content placed by you and other users in a fotspot.

 

Though we’re not required to do so you accept we can remove any fotspots if we believe it violates these terms, or the spirit in which these terms are intended.

3. Copyright

 

The Service provides a way for Users to create content and place it in a location for other Users to see.

You agree to only create content for which you have permission to photograph.  For example, if your content includes photos of people those people have given you their permission.

You agree to only use content that you own or have permission to use.

If you don’t own the content, or don’t have permission to use it, we can remove the fotspot.

4. Safety

 

You agree that:

  • You will not provide false personal information to fotspot

  • You can only create an account for someone else with their permission

  • If we disable your account, you won’t create another one

  • You will not use fotspot if you are under the age of thirteen

  • You won’t share your password with anyone else

  • You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.

5. Data protection

 

Our privacy policy sets out how we handle your information when you use fotspot®.

 

6. Charges

 

We currently provide fotspot® for free but your telecom provider’s normal rates, such as mobile data charges, will apply.  We do not take responsibility for any cost incurred in using fotspot.

7. Advertising

 

We deliver advertising over fotspot®.  To help us do that, you agree to us using information about you for the purpose of serving that advertising, without any compensation to you.

Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

8. Software

 

You agree that the app may download and install updates.

If you decline to install updates you accept that the version you use will become unsupported.

You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless we give express written permission.

9. Termination

 

You can stop using fotspot® at any time.

 

If you violate these terms, or otherwise create risk or possible legal exposure for us, we can stop you using fotspot®.

You accept that should you delete your fotspots, or terminate your account, that your content or information may continue to exist on our systems for a reasonable period of time.  During that time it won’t be available for other users to see but it will remain visible to us.

You accept that we cannot delete the content you have created if others have saved it, or shared it with others, and they have not deleted it.

10. Amendments

 

We may change these terms from time to time at our sole discretion and we reserve the right to do so without your consent.  Any revised terms will apply from posting on the fotspot® website. If you continue to use fotspot following a change to the term it constitutes your acceptance of those terms.

11. Governing law

 

These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

12. Indemnification

You agree to defend, indemnify, and hold harmless fotspot®, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of or relating in any way to: (a) your access to or use of the Service; (b) your content; and (c) your breach of these Terms.

13. No waiver

 

Our failure to insist upon or enforce any provision of these Terms shall not be construed as waiver.

14. Disclaimers

 

We will make best efforts to have fotspot available all the time but you accept there will be times when it’s not. We accept no responsibility or liability for any interruption.

fotspot® IS PROVIDED “AS IS” AND “AS AVAILABLE”' AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE; AND (II) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY , ACCURACY, APPROPRIATENESS, TIMELINESS OR USEFULNESS OF THE CONTENT.

This disclaimer of liability applies to any damages or injuries caused by fotspot®, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in THE CONTENT IN A FOTSPOT; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action.

fotspot® DOES NOT ENDORSE NOR SHALL THEY BE RESPONSIBLE OR LIABLE FOR ANY CONTENT THAT YOU, ANOTHER USER OR A THIRD PARTY CREATES AND SHARES ON FOTSPOT. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING OR OTHERWISE INAPPROPRIATE, NONE OF WHICH fotspot® WILL BE RESPONSIBLE FOR.

15. Limitation of liability

To the Extent permitted by law, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL FOTSPOT OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND ("LOSS") ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE fotspot® ,INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN A FOTSPOT.  THE EXCLUSION OF LIABILITY IN THIS SECTION APPLIES EVEN IF FOTSPOT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

16. Definitions

 

By “fotspot®” we mean the application and platform operated by or on behalf of Engdanskot Limited.

By “information” we mean any data about you.

By “content” we mean the digital media you create and place in a fotspot.

17. Miscellaneous

 

You agree not to use our copyrights or trademarks without our prior written permission.

You agree not to use fotspot® for any commercial purposes without our consent.

We welcome your feedback and suggestions, but we are not obliged to use them or compensate you if we do.

These terms are written in English (UK).  Should any translated version conflict with the English version, the English version controls.

Date of last revision: 10 May 2020