Terms of Use

Welcome to the iSpot.tv, Inc. (“iSpot,” “we,” “us”, and similar formatives) website (“iSpot Site”), including the iSpot Player (defined below). By accessing and using the iSpot Site, you agree to and accept this Terms of Use Agreement (“Agreement”). If you do not agree with this Agreement, you should not use the iSpot Site. The term “you” or “your” refers to the user or viewer of the iSpot Site and includes any company or organization you represent. Visitors to and users of the iSpot Site are referred to individually as “User” and collectively as “Users”.

If you are a customer of iSpot and have purchased any of our commercially available products, please refer to our Main Services Agreement (“MSA”) which governs our product and service offerings.

Privacy Policy

Your privacy is important to us. Our Privacy Policy is hereby incorporated into this Agreement by reference. Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information.

Modification of these Terms

We reserve the right, at our sole discretion, to change, suspend or discontinue any aspect of the iSpot Site at any time, including the availability of any feature, database or content. We may also impose limits on certain features and services and/or restrict your access to parts or all of the iSpot Site without notice or liability of any kind. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement and the iSpot Site periodically for changes. Changes will become effective immediately upon publication, but will not apply retroactively. Your continued use of the iSpot Site after the updated Agreement has been published will constitute your binding acceptance of such changes.

Limited Right to Embed iSpot Player in Personal Site

The iSpot Player means playable and embeddable video content contained on the iSpot Site. Subject to this Agreement, you are granted a limited, non-exclusive right to embed the iSpot Player on websites for noncommercial purposes, provided such placement of the iSpot Player is via the embed code or proprietary player provided by iSpot. Placement of the iSpot Player must not: (a) portray iSpot or any of its products, services, or commercials in a false, misleading, derogatory, or otherwise defamatory manner; (b) be on a website or location that contains any adult or illegal material or any material that is offensive, harassing, or otherwise inappropriate or objectionable to iSpot; (c) infringe any right of any third party including intellectual property rights or link to infringing or inappropriate content; or (d) imply any endorsement or other affiliation with iSpot. We may revoke this limited right at any time upon notice and we reserve the right to prevent embedding the iSpot Player in any website we deem inappropriate, in our sole discretion.

Digital Millennium Copyright Act (“DMCA”)

iSpot is committed to respecting and protecting the legal rights of copyright owners. As such, iSpot 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 (i) be provided to iSpot’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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 iSpot to locate the material;
• Information reasonably sufficient to permit the iSpot to contact you, such as an address, telephone number, and, if available, an electronic mail;
• 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
• 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.

iSpot’s Copyright Agent to receive DMCA Takedown Notices is: copyright@ispot.tv.

Prohibited Conduct

You agree not to:

A. Use the iSpot Site in any way that violates or facilitates the violation of applicable law. This includes:

1. Engaging in illegal activity such as terrorism; cybersecurity crime; organized crime; or child sexual exploitation or the generation of Child Sexual Abuse Material (CSAM);
2. Violating copyright, trademark, or other intellectual property laws;
3. Violating any person’s privacy rights, including by attempting to collect, infer, predict, store, process, or disclose protected or personally identifiable information, such as passwords, account information, credit card numbers, addresses, location, or other contact information without a lawful basis for doing so;
4. Engaging in the unauthorized practice of any regulated profession, including the financial, legal, or medical/health professions; or
5. Accessing or authorizing anyone to access the iSpot Site from an embargoed country.

B. Use the iSpot Site in any way that could harm or impair another person’s authorized use of the iSpot Site. This includes:

1. Attempting to gain unauthorized access to the iSpot Site, acting to deny others’ authorized access to the iSpot Site, or authorizing any third party to inappropriately access or use the iSpot Site on User’s behalf (such as sharing a username and password with multiple individuals);
2. Using the iSpot Site to try to gain unauthorized access to any other service, data, account, system, or network by any means; and
3. Using content or technology that harms, interferes with, or limits iSpot’s or any other User’s normal operation of iSpot’s products and services, including monitoring traffic or data.

C. Use the iSpot Site in any way that is intended to harm others (other than normal competition with third parties). This includes:

1. Using the iSpot Site to store, generate, or transmit viruses, malware, malicious code, trojan horses, or anything designed to impair the proper operation of any website or computer system; and
2. Using the iSpot Site to harm, threaten, stalk, defame, defraud, deceive, or harass anyone for any reason.

D. Use the iSpot Site to violate iSpot’s intellectual property rights or otherwise compete with iSpot. This includes:

1. Accessing or using any intellectual property in or related to the iSpot Site, except as expressly permitted under this Agreement;
2. Copying the iSpot Site, or any part, feature, function, or user interface thereof, except as expressly allowed for such iSpot Site under this Agreement; and
3. Using the iSpot Site to assist in the creation of similar or competitive products or services to be used apart from the Service. 4. User may not use the iSpot Site to aid in developing, training, re-training, fine-tuning, testing, improving, or enhancing products or services that use or incorporate generative artificial intelligence.

Third-Party Sites, Products and Services; Links

The iSpot Site may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). We do not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the iSpot Site are solely between you and such advertiser. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK AND WE WILL HAVE NO LIABILITY FOR THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH SUCH REFERENCE SITES. WE ARE NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, OR MISCONDUCT OF THIRD PARTIES.

Termination

iSpot or User may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from the iSpot Site and all related documentation and all copies and installations. iSpot may terminate this Agreement immediately without notice if, in its sole judgment, you breach any of these terms or conditions. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of this Agreement without the written approval of iSpot, provided, however, that iSpot shall retain all rights, including all copyright rights and the right to use any submissions as provided here, and the limitations on use and treatment of the content shall remain in full force.

Ownership; Proprietary Rights

We own and operate the iSpot Site. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the iSpot Site provided by us (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. The rights for certain content available for viewing on the iSpot Site, such as TV commercials and related images, are owned by the advertiser displayed on the same page.

All Materials contained on the iSpot Site are the property of iSpot or its subsidiaries or affiliated companies and/or third-party licensors or the third-party advertisers displayed next to each work. Except in any licensed content, all trademarks, service marks, and trade names are proprietary to us or our affiliates and/or third-party licensors and advertisers. Except as we expressly authorize, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all rights not expressly granted in this Agreement.

Disclaimers, No Warranties

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ISPOT, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ISPOT OR THROUGH THE ISPOT SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 9 THE TERM ISPOT INCLUDES ISPOT’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

“As is” and “As available” and “With All Faults”

YOU EXPRESSLY AGREE THAT USE OF THE ISPOT SITE IS AT YOUR SOLE RISK. THE ISPOT SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, USER POSTINGS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE ISPOT SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

Content

ISPOT, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, USER POSTINGS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE ISPOT SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Accuracy

ISPOT, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ISPOT SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Harm to Your Computer

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE ISPOT SITE (INCLUDING RSS FEEDS) AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

Limitation of Liability and Damages; Indemnification

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ISPOT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE ISPOT SITE, OR ANY OTHER INTERACTIONS WITH ISPOT, EVEN IF ISPOT OR A ISPOT AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Damages

IN NO EVENT WILL ISPOT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE ISPOT SITE OR YOUR INTERACTION WITH OTHER ISPOT SITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED $1,000.

Indemnification

You agree to indemnify, defend and hold harmless iSpot and its affiliates, suppliers, licensors and partners from any claims, losses or liabilities arising out of or related to your use or access of the iSpot Site and/or any violation of this Agreement.

Miscellaneous

Waiver

Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by us.

Dispute Resolution

THIS SECTION AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE AGREEING TO THIS AGREEMENT.

Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law.

Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or iSpot will be filed only in the state or federal courts in and for King County, Washington and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding the foregoing, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business, without the need to post a bond or show actual damages.

Severability

If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Survival

Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

Headings

The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This Agreement and the Privacy Policy constitutes the entire agreement between you and iSpot relating to the subject matter herein and will not be modified except in writing, signed by both parties; provided, that we may make changes to this Agreement and the Privacy Policy as set forth in Section 3 above.

Contact Us

If you have any questions or concerns regarding this Agreement or the iSpot Site, please contact us.