Terms of Use

Welcome to spottme.com (or spott.co) (together with its subdomains, Content, Marks and services, the “Site”). Please read the following Terms of Use carefully before using this Site and our products, services, software, subscriptions, and applications (collectively, the “Services”), so that you are aware of your legal rights and obligations with respect to Incredibles Technologies Ltd., and its affiliates and subsidiaries (“Incredibles”, “Spott”, “we”, “our” or “us”). By clicking the “I Accept” button, or by otherwise accessing or using the Services, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Use, together with the Privacy Policy (the “Terms”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Services.

  1. Ability to Accept Terms. The Site is only intended for individuals aged eighteen (18) years or older. If you are under 18 years please do not use the Services.
  2. Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.
  3. Account. In order to use some of the Services, you may have to create an account or to grant us access to your Amazon account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Spott immediately of any breach of security or unauthorized use of your Account. As between you and Spott, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to support@spott.co.
  4. Third Party Content and Services; Links
    1. The Services may integrate and/or interact with third party services, such as via APIs or browser extensions (“Third Party Services”). For example, the Services may leverage APIs from Amazon.com, Inc., Amazon Services LLC and/or its affiliates (“Amazon”) to integrate with and interact with certain Amazon services, and/or Google Chrome browser extensions. Spott has no affiliation, association, endorsement, or sponsorship by Amazon or any other third party services with which it integrates or interacts from time to time. It shall be your sole responsibility to analyze and interpret any applicable terms of service of such Third Party Services (such as, without limitation, Amazon or Google’s terms of service) for you (collectively, “Third Party Terms”), and we do not make any claim, representation or warranty of any kind, type or nature concerning our, or your compliance with any such Third Party Terms. By using the Services, you hereby release Spott and waive any and all claims or claim rights that you may have against Spott, and release and indemnify Spott against any claims that any third party may have against you, including with respect to your use of any Third Party Services, including if accessed or used via our Services, and with respect to Third Party Terms, applicable privacy policies or any other rules or regulations of such third parties.
    2. Without limiting the generality of the foregoing, you acknowledge and agree that in order for the Services to work with certain Third Party Services, such as Amazon Marketplace Web Service, you hereby grant us access to your account on the applicable Third Party Service, including without limitation your Amazon Seller Central account and Amazon’s Selling Partner API in accordance with the instructions provided to you by us, and consent to us accessing your account to collect and use certain data found therein, including without limitation for purposes of us providing the Services, enhancing our Services, collecting and delivering market insights, predicting outcomes, and other business purposes. You further agree that such Third Party Services may also share with us some of your data  in their possession as necessary for use to provide the Services. Such data may include without limitation your personal data (as further described under our Privacy Policy),  sales data and information, pricing, shipping costs, and other similar information, or other information provided for the Services herein. For clarity, this information is not considered confidential information of yours for purposes of these Terms, and you represent and warrant that you have all necessary rights, consents and approvals, to grant us this access and this information for such uses.
    3. Without limiting the generality of the foregoing, we may elect, in our discretion, to utilize existing logins, allowing you to login to the Services and/or the Site via other third party authentication services, such as (without limitation) your Amazon account credentials. You understand that these are Third Party Services, and this in no way creates and endorsement of, by or from us to them or vice versa, that we are not responsible for their logins, systems or data, and that by using such third party logins, you may be subject to their respective privacy policies and other terms of use.
  5. Your Obligations.
    1. You represent and warrant that all information that you provide to us will be true, accurate, complete and current, and that you have the right to provide such information to us in connection with your use of the Services. You may not: (i) copy, distribute or modify any part of the Services without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose any portion of the Services, except as expressly authorized herein; (iii) restrict or inhibit any other user from using and enjoying the Services; (iv) post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, vulgar, sexually-orientated, profane, threatening, abusive, hateful, offensive, false, misleading, derogatory, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (v) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by us) or engage in spamming or flooding; (vi) mirror or cache or store any pages or portions of the Services; (vii) use a false email address, impersonate any person or entity, forge e-mail headers or otherwise disguise the origin of any communication or mislead as to the source of the information you provide to the Services; (viii) use the Services in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party’s use and enjoyment of the Services; (ix) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services; (x) post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes (other than as expressly permitted by the Services and by the provider of such information, software or other material); or (xi) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.
    2. Spott has no obligation to monitor the Services. However, you acknowledge and agree that Spott has the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its customers. Spott reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms.
  6. Fees and Payments
    1. If and to the extent any portion of the Services require a payment of fees, you agree to pay us any applicable fees posted for the Services. By completing and submitting any payment authorization through the Services, you are authorizing Spott to charge the fees to the Account you identify. You must keep all billing information, including payment method, up to date. You agree to pay us for all charges incurred under your Account, including all applicable taxes, fees, and surcharges. You authorize and direct us to charge your designated payment method for these charges or, if your designated payment method fails, to charge any other payment method you have on file with us. Further, you authorize and direct us to retain information about the payment method(s) associated with your Account. If we do not receive payment from your designated payment method or any other payment method on file, you agree to pay all amounts due upon demand by us. You will be responsible for accrued but unpaid charges, even if your Account is canceled by you or terminated by us.
    2. You are responsible for all charges incurred under your Account, including applicable taxes, fees, surcharges, and purchases made by you or anyone you allow to use your Account or anyone who gains access to your Account as a result of your failure to safeguard your username, password, or other authentication credentials or information.
  7. Intellectual Property Rights
    1. The (i) content included in the Services, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”); and (ii) the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials, the “Content”), are the property of Spott and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Spott”, the Spott logo, and other marks are Marks of Spott or its affiliates. All other trademarks, service marks, and logos used in connection with the Services are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Services and the Content.
    2. Content on the Site and the Services is provided to you for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
  8. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available in connection with the Services is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
  9. Privacy. We will use any personal information that we may collect or obtain in connection with the Site and/or the Services in accordance with our privacy policy which is available at https://spottme.com/privacy-policy/.
  10. Warranty Disclaimers.
    1. This section applies whether or not the Services are provided for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
    2. THE SERVICES, AND ALL INFORMATION, CONTENT, AND MATERIALS RELATED TO THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Spott HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Spott DOES NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE AND SERVICES MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
  11. Limitation of Liability.
    1. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Spott SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF Spott HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
    2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Spott FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO Spott FOR USING THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
    3. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICES TO YOU AND WE WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION.
  12. Indemnity. You agree to defend, indemnify and hold harmless Spott and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Services; or (ii) your violation of these Terms.
  13. Term and Termination. These Terms are effective until terminated by Spott or you. Spott, in its sole discretion, has the right to terminate these Terms and/or your access to the Services, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Spott shall not be liable to you or any third party for termination of the Services, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Services in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Services. This Section 13 and Sections 5 (Your Obligations), 7 (Intellectual Property Rights), 9 (Privacy), 10 (Warranty Disclaimers), 11 (Limitation of Liability), 12 (Indemnity), and 15 (Independent Contractors) to 18 (General) shall survive termination of these Terms.
  14. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Services thereafter means that you accept those changes.
  15. Independent Contractors. You and Spott are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Spott. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of Spott.
  16. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Spott without restriction or notification to you. Any prohibited assignment shall be null and void.
  17. Governing Law. These Terms and the relationship between you and Spott shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws.
  18. General. These Terms shall constitute the entire agreement between you and Spott concerning the Services. We shall not be liable for any circumstances arising out of causes beyond our reasonable control or without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures, or other force majeure. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: March, 2022

 

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