Terms of Service | GoSpotCheck

Terms of Service

Your use and access of the Website is governed by and subject to the following terms of use. If you do not agree to these terms, or if you do not agree with our Privacy Policy, please do not use the website or any services offered by the Website.

Thank you for visiting gospotcheck.com (the “Website”), which is owned and provided by GoSpotCheck, Inc., (including its affiliates) (“GSC”). Your use and access of the Website is governed by and subject to the following terms of use (“Terms”) If you do not agree to these terms, or if you do not agree with our Privacy Policy, please do not use the website or any services offered by the Website. BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.

1. Member Accounts

In order to use certain features of the Website, you will have to create an account (“Member Account”). You may never use another’s Member Account without permission. As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Website to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

2. Your Use of The Website

Subject to these Terms and our Privacy Policy, you are granted a limited license to use Website and the functionality provided by the Website to upload, store, display, aggregate, distribute and organize photographs and other information related to campaigns, campaign objectives and other missions (“Content”) set by your company, employer or principal (“Principal”), and to copy, display, and use the functionality, materials, features, and services provided by the Website (collectively the “Materials” and as further defined in Section 3) solely for your Principal’s business purposes. The design and layout of the Website are specifically excluded from the Materials.

3. Intellectual Property Ownership

  1. GSC provides a variety of functions and services via the Website, including access to creating campaigns, missions and other tasks for your field team(s) to collect, structure and share retail intelligence (the “Service”).  Unless otherwise noted, all text, content and documents available via the Service, including, any videos, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in and used to operate the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Materials”) are owned by GSC or used with permission or under license from a third party (each an “Owner”), and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between GSC and you, all right, title and interest in and to the Materials will at all times remain with GSC and/or the Owners.  All brand names, product names, titles, slogans, logos, or service names and other marks used on the Website, are registered and/or common law trade names, trademarks or service marks of GSC or the applicable Owner.  Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under GSC’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise.  Notwithstanding anything herein to the contrary, GSC may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
  2. You retain ownership of your Content, and you hereby grant GSC and its designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your Content, solely in connection with providing the Website to you. Please note that, while you retain ownership of your Content, any template or layout in which you arrange or organize such Content through tools and features made available through the Website are not proprietary to you, and can be used by GSC and others for any purposes. You acknowledge and agree that you have no rights in any such template and/or layout, and such template or layout shall be the sole and exclusive property of GSC.  You represent, warrant and covenant that (i) you own or otherwise possess all necessary rights with respect to your Content, and (ii) your Content does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.

4. Restrictions on Use

No other use of the Website or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. Framing of the Website or Materials or posting of Materials on other web sites is strictly prohibited.  The use or misuse of any Materials, except as provided in the Terms of Use or in the Materials, is strictly prohibited.  You shall not, without GSC’s express written consent: (a) distribute text or graphics to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system, (c) use any trade name, trademark, or brand name of GSC in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes or modify, translate, alter or create any derivative works thereof, (e) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way, (f) use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to GSC, the Owner, or any third party referenced therein, (g) use the Materials, and/or any services and products on the Website or accessible via the Website for unlawful purposes only; or (h) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.

5. Acceptable Use

Your use of the Website is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):

  1. You shall not upload to, transmit through, or display via the Website any Content  that: (i) is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) contains confidential, proprietary, or trade secret information of any third party; (iii) violates the rights of others, including without limitation any privacy rights or rights of publicity; (iv) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity, or uses any fraudulent, misleading or inaccurate email address or other contact information; (v) violates any applicable laws or regulations; (vi) makes any statement, express or implied, that you are endorsed by GSC; (vii) harms minors in any way, including, but not limited to, by depicting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (viii) contains any unsolicited promotions, political campaigning, advertising or solicitations; or (ix) in our sole judgment is inappropriate or objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose the GSC, any of its officers, directors, or employees, or other users to any harm or liability of any type.
  2. You shall not us the Website to engage in any of the following activities: (i) accessing, using, or uploading Content to, or attempting to access, use, or upload Content to another user’s account without permission; or (ii) transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
  3. You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Website; (iii) “frame” or “mirror” any portion of the Website, or link to any Material other than via the homepage of  the URL located at http://www.gospocheck.com/ or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website; or (v) harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law. GSC does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and GSC expressly disclaims any and all liability in connection with user submissions. GSC does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and GSC reserves the right to remove Content without prior notice and/or to terminate a user’s access to the Website, if the User has been notified of infringing activity and has had Content removed from the Website more than twice.  GSC also reserves the right to decide whether Content is appropriate and complies with these Acceptable Use Restrictions at any time, without prior notice and at its sole discretion.

6. Links

The Website may contain links allowing you to leave the Website for other sites that are not under our control (“Linked Site”).  GSC provides the linked sites to you only as a convenience and does not endorse any Linked Sites.  GSC is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses.  GSC is not responsible for the terms of use or privacy practices of the Linked Sites or any link contained in the Linked Sites.  Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk.  GSC encourages you to carefully read the policies of each site you visit.

7. Privacy Policy

GSC takes your privacy very seriously. GSC’s online Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy before accessing our using the Website.

8. Digital Millennium Copyright Act

GSC is committed to respecting and protecting the legal rights of copyright owners. As such, GSC adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.).  If you believe any of the Materials infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”).  To be valid, a DMCA Takedown Notice must (a) be provided to GSC’s designated agent, (“Copyright Agent”), as set forth below, and (b) include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

GSC’s Copyright Agent to receive DMCA Takedown Notices is:

For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for GSC to be authorized to takedown any Materials, your DMCA Takedown Notice must comply with all of the requirements of this Section.

9. Promotions

In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions“) made available through the Website may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with these Terms, the terms and conditions of such rules shall control.

10. United States Only

By using the Website, you agree and acknowledge that the Website is hosted in the United States. If you are attempting to access the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of this Website, which is governed by U.S. law, this Terms of Use, and the GSC Privacy Policy, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of the laws of the United States and/or the State of Colorado with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado, and (c) the exclusive jurisdiction of the courts of the United States and the State of Colorado. Any claim or dispute between you and GSC that arises in whole or in part from your use of the Website or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Boulder, Colorado, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

11. Disclaimers

Without limiting the foregoing, the Materials and all other features on the WEBSite are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the WEBSite and/or Materials, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then GSC hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from GSC, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, GSC does not make any warranties that the WEBSite will be uninterrupted, secure or error free or that your use of the WEBSite will meet your expectations, or that the WEBSite, Materials, or any portion thereof, is correct, accurate, or reliable. GSC reserves the right to change any part of the WEBSite at anytime without notice.

12. Limitation of Liability

Your use of the WEBSite is at your own risk. Neither GSC, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the WEBSite or arising out of any action taken in response to or as a result of any Materials or other information available on the WEBSite, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if GSC was advised of the possibility of such damages.  If you become dissatisfied in any way with the webSite or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the WEBSite and its services. You hereby waive any and all claims against GSC and its affiliates, agents, representatives and licensors arising out of your use of the WEBSite.  Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of GSC and its affiliates shall not exceed one hundred dollars ($100.)  The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The webSite would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.

13. Choice of Law and Enforcement

Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Colorado, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.

14. Ability to Accept Terms of Use

You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

15. No Archive

Notwithstanding anything contained herein, the functionality provided to you by the Website and the GSC’s systems, networks and servers are not an archive and GSC shall have no liability to you or any other person for loss, damage, or destruction to your Content or any other information submitted to or via the Website.  You shall be solely responsible for (a) uploading your Content, (b) preventing any loss or damage to your Content, and (c) maintaining independent archival and backup copies of any Content.

16. Assignment

The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GSC without restriction.

17. Notice

From time to time, GSC may revise the Terms of Use.  To help you stay current of any changes, GSC notes the date the Terms of Use was last updated below. Your use of the website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy.  GSC strongly recommends checking Terms of Use periodically. If, and only if, GSC makes revisions to the Terms of Use that result in a material lessening of the restrictions on GSC’s use or disclosure of your Personal Information, GSC will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.  If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in the Terms of Use. Continued use of the Website constitutes your agreement to the Terms of Use as in effect.

18. Termination

GSC may cancel, suspend or block your use of the Website without notice if there has been a violation of these Terms or our Privacy Policy.  Your right to use the Website will end once your Member Account is terminated, and any data you have stored on the Website, including Content and Materials, may be unavailable later, unless GSC is required to retain it by law.  You may terminate your Member Account at any time.  GSC is not responsible or liable for any records or information that is made unavailable to you as the result of your termination of your Member Account.  YOU AGREE THAT GSC WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE, CONTENT OR MATERIALS.  Any limitations on liability that favor GSC will survive the expiration or termination of these Terms for any reason.

19. Miscellaneous

GSC’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.  If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.  A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.