2. Basic Terms
2.1. You are responsible for your use of spotted, for any Content you post to spotted and for any consequences thereof. The Content you submit, post or display will be able to be viewed by other users of spotted. You should only provide Content that you are comfortable sharing with others.
2.2. In creating a spotted account you agree to not post content of explicit nature to spotted. This includes pornographic, illegal or violent material, material that breaches propriety or privacy rights, hateful, incitement, racial or discriminatory material or material promoting a terrorist or criminal activity. Content spotted believes is of this nature will be removed, the account closed and police alerted where required.
2.3. NOTE: IF YOU RECEIVE CONTENT THAT IS EXPLICIT IN NATURE (PORNOGRAPHIC, ILLEGAL OR VIOLENT MATERIAL, MATERIAL THAT BREACHES PROPRIETY OR PRIVACY RIGHTS, HATEFUL, INCITEMENT, RACIAL OR DISCRIMINATORY MATERIAL OR MATERIAL PROMOTING A TERRORIST OR CRIMINAL ACTIVITY) PLEASE REPORT IT TO SPOTTED BY EMAILING ADMIN@SPOTTEDAPP.INFO WE WILL ASSESS THE CONTENT AND ACT AS WE SEE FIT. SPOTTED HAVE THE FINAL SAY IN WHAT MATERIAL IS EXPLICIT AND WHAT ACTION IS TAKEN.
2.4. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
2.5. We may update the Services that Spotted provides and the form and nature of the Services that Spotted provides may change from time to time without prior notice to you.
2.6. You are responsible for your use of the Services, for any Content you view on the Services, and for any consequences thereof. Spotted takes no responsibility for any behavior by you or any third party, illegal or otherwise, which may occur as a result of use of Spotted.
2.7. The Content you view, or download, be it Content that pleases or offends you, is not the Services responsibility, nor does the Service actively monitor the Content. The sole onus is on the User who chooses to view or download Content from the Services under these Terms.
3. Your rights
3.1. Spotted gives you a personal, non-assignable and non-exclusive license to use the software that is provided to you by Spotted as part of the Services.
3.2. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Spotted and Account Holders registered on our Services, in the manner permitted by these Terms.
4. Our rights
4.1. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Spotted App pty ltd.
4.2. We may, as we find necessary, make changes to these Terms. You can view a current version of our Terms at http://www.spottedapp.info/. Your continued use of Spotted following changes to our terms constitutes your acceptance of our amended terms.
5. Content on Service
5.1. All Content, whether publicly posted is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we do not take responsibility for such Content.
5.2. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, tact, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.
5.3. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Spotted be liable in any way for any Content, including, but not limited to, any promises, errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5.4. Spotted will however take complaints via its website contact form http://www.spottedapp.info/ and consider each complaint with fairness and values in mind and offer solutions where possible. Complaints relating to unlawful, illegal, terrorist or dangerous behavior or Content will be dealt with seriously.
6. Restrictions on Content
6.1. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames.
6.2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
6.3. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people and you must not post private or confidential information via the Service.
6.4. You may not use the Service for any illegal or unauthorized purpose.
6.5. You agree to comply with all laws, rules and regulations (for example, federal, state and local) applicable to your use of the Service, including but not limited to, copyright laws.
6.6. You may not publish images of children under the age of 18 years without the express consent of the parent or guardian of such child or children.
6.7. You may not post Content that is subject to copyright or other lawful restriction and claim that Content as your own without the express written permission of the copyright holder.
6.8. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
6.8.1. satisfy any applicable law, regulation, legal process or governmental request;
6.8.2. enforce the Terms, including investigation of potential violations hereof;
6.8.3. detect, prevent, or otherwise address fraud, security or technical issues;
6.8.4. respond to user support requests: or
6.8.5. protect the rights, property or safety of Spotted, its Users, Businesses and the public.
8. Passwords You are responsible for safeguarding the password that you use to access the Services and for any actions arising from your password. We suggest you use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Spotted cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
9. Copyright Policy Spotted respects the intellectual property rights of others and expects users of the Services to do the same. However, Spotted will not respond to, or become involved in any copyright disputes originating from the use of Spotted Services or Content. We do though, reserve the right to remove Content alleged to be infringing, without prior notice and at our sole discretion. In appropriate circumstances, Spotted will also terminate a User or Business account.
10. Limitation of Liability
To the maximum extent permitted by applicable law, Spotted and its subsidiaries, affiliates, officers, employees, contractors, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, good-will, or other intangible losses, resulting from:
10.1. your access to or use of or inability to access or use the services;
10.2. any conduct or content of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties;
10.3. any Content obtained from the Services;
10.4. unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Spotted has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;
10.5. The publication of Content that does not meet the requirements of these Terms.
11. Waiver and severability The failure of Spotted or any delay to enforce any right or provision of these Terms does not operate as a waiver of such right or provision. In the event that any part of these Terms is invalid or unenforceable, the remaining provisions of these Terms continue in full force and effect.
12. Governing Law These Terms and any action related thereto will be governed by the laws of the State of Victoria, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria.