Terms

Welcome 👋

 


We have created these Terms of Use (“Terms”) so you know the rules that apply when you use the Spotr app or any of our other products or services that link to these terms (“Services”). These Terms form a legally binding contract between you and Spotr SAS (“Spotr”, “We”, “Us”, “Our Team”). Please read them carefully.

In order to use the Services, you must have accepted these Terms. You will be invited to review these Terms when signing up, logging in or sharing content on Spotr or the Services, as well as when we make any material changes to the Terms.

 

The Spotr Service

We agree to provide you with the Spotr Service. The Service includes all of the Spotr products, features, applications, services, technologies, and software that we provide to help you search for, explore and share the world’s most fascinating photo spots.

You must be at least 13 years old to create an account or use the Services. Additionally, you must be old enough to consent to the processing of your information in your country.

By using the Services, you state that you are willing and legally able to form a binding contract with Spotr and will comply with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services should not be used for business or commercial purposes. If you wish to use the Services for business or commercial purposes, please contact our team at
[email protected].

 

Account and Username

In order to use the Services you are required to create an account. The requirements to create a Spotr account are a valid email address and a password containing at least 6 characters. The process for signing up is quick and easy : just follow the steps in the app.

Once your account is set up, you will be invited to connect it to an existing Instagram account. You can only connect your Spotr account to an Instagram account that you own. Connecting your Spotr account to Instagram allows you to share content and interact with other Spotr users under your Instagram username, just the way you would on Instagram. The features available to users who have successfully connected their Spotr account to their Instagram account include submitting spots, sharing content from your photo library, posting comments and mentioning other Spotr users on spots. We highly recommend that you connect your Spotr account to Instagram to fully enjoy the experience on Spotr.

Your username is a unique name that will be displayed for you and other users when you use the Services. If you do not link your Spotr account to Instagram, we will not be able to provide you with a username. Users who do not own an Instagram account or do not wish to connect their Spotr account to Instagram will still be able to use the Service. Please note that connecting your Spotr account to your Instagram account is a permanent action that can’t be undone.

You do not currently need to provide a phone number to create a Spotr account. However, Spotr reserves itself the right to require your phone number in order to provide an additional layer of security to your account in the future.

 

Sharing content

The Spots and photos (“Content”) displayed on our Services are discovered, captured and shared by users and the Spotr Team. From the day you become a Spotr user, we encourage you to share the best of your discoveries, everyday. By doing so, you help enrich a unique repertoire of extraordinary photo spots and therefore contribute to better the experience for everyone.

The nature of a user-generated Service like Spotr implies a human intervention to moderate the content you share with the community. We rely on an internal team of content curators to approve or reject this content before it becomes visible on the app. Though we would like to see all the photos you submit be approved, we must also ensure that we only retain photos that help us deliver on our mission to help you discover, explore and share the world’s most fascinating photo spots. We consequently reserve the right to refuse the photos you share if they don't meet our guidelines.

In order to be approved, the Spots you submit must :

 

  • not already exist in our repertoire ;

  • be accurately geo-located ;

  • be accessible by the general public ;

  • be located in a city, within an area currently covered by our Service ;

  • be located in a safe, secured environment free of any risk for visitors ;

  • be named in 30 characters or less ;

  • be associated with at least 2 usable photo ;

  • be able to live under at least 1 of our categories (“Tags”) ;

  • be permanent.

 

Additional guidelines apply to the photo(s) you share along with Spots. Photos must: 

  • be yours by right ;

  • accurately represent the Spot as it looks at the time of submission, not when your photo was taken ;

  • leave sufficient space for the Spot to be recognized and identified, especially in instances where your photo features one or more people - close-up portraits and selfies will be systematically declined ;

  • not feature excessive amount of retouching or unrealistic filters ; 

  • not contain bordures, collages, mirroring effects or any post-production editing other than filters ;

  • not show nudity, offensive, inappropriate, obscene, unlawful or otherwise objectionable situations or representations including or not including people. 

  • be shared with the formal approval of each and every person shown on your photo. By sharing a photo showing one or more person(s) other than the author of the photo, you acknowledge that you have obtained permission to share directly from the person(s) shown on your photo. Spotr can not be held responsible for any third-party claim with regard to image rights for a photo shared by a Spotr user. 

 

The photos used on our Services are primarily coming from your camera roll and shared directly in the app. In addition, we also use existing Instagram photos and credit their authors with a mention of their Instagram usernames.

Spotr does not claim ownership of the content you share on or through the Service. Instead, when you share content that is covered by intellectual property rights (like photos) on or in connection with our Service, you hereby grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. Spotr may occasionally use your photos for communication purposes to help promote the app worldwide. You can end this license anytime by asking us to remove content that you own or delete your Spotr account at
[email protected].

 

Geolocation

Spotr is a location based app. Therefore, we need access to your location data in order to provide the Services to you. Immediately after you sign up, we will request access to your device location. You can turn your device location data on and off at any time through your device settings. Just remember that the Services only work when your device location is turned on. Review our Privacy Policy for more details on why and how Spotr uses your location.

Notifications

You can turn on notifications to know when you are mentioned by someone or when a spot you submitted has been reviewed by our Team. Spotr will be asking you for permission to send you these push notifications upon signing up. You will be able to change the events for which you want to be notified in the Spotr Settings.

Once you have created your account, you remain responsible for any activity that takes place on your Spotr account. Don’t give your phone to someone else if you don’t want them interacting with your account. If you suspect fraudulent use or hijacking of your account, please inform us immediately at
[email protected]. We will do our best to help as soon as possible.

Location-based services

You understand that Spotr is a location-based service. In order to provide the Services, Spotr requires access to the location data of your device. You will first have to grant permission to Spotr before we can access your location data. This permission is granted via the Android and iOS permission screens and / or device settings. Unless you have selected a different device permission or app setting, your device location will be shared when the app is running in the background and the foreground. This means that, once proper permissions are granted, you don’t have to actively open to grant us the right to access your position. For example, it will allow us to send you a push notification inviting you to discover a unique repertoire of user-generated spots when you travel to a new place.

If you want to stop sharing your location data, you can do so at any time in your device settings. When you disable location sharing through your device settings, you will be unable to use the Services.

You understand the Services work under normal conditions, but that the accuracy of information, components and content displayed depend on a number of factors such as sufficient network coverage, wifi connection, and so on. For example, if you are using Spotr in a building or area with low network coverage, the map might not display correctly and your position in the app may not reflect your accurate location in real life.

Spotr is a utility app including components of a social network. This means that our primary focus is to help you discover the places you’re looking for. We do not consequently share your actual location with other Spotr users nor do we share their location with you.

The maps we use to display spots in the app are sourced from third parties. There may be geographical areas throughout the world that have not yet been processed and/or changes made in the world that the maps do not yet reflect such as new streets or changed street names, and so on. We love receiving feedback, so if you come across an issue with the map we use, please let us know at
[email protected].

Permissions

Spotr grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Services. This licence is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.

Any software the we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. On rare occasions, we may be constrained to force an update to replace a dysfunctional version of the Service.

You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. However, we appreciate feedbacks and ideas. Our ambition is to work with the best talent on the planet, so if you feel like working with us, please check our
Jobs section for open roles or get in touch at [email protected].

Subscription to Spotr Pro

Spotr Pro is a premium in-app subscription charged annually to your iTunes Account. You will be charged immediately after your subscription. Your subscription will then auto-renew every year unless turned off at least 24 hours before the end of the current period. To stop auto-renewal, visit Account Settings in iTunes after purchase. 

You acknowledge that your subscription is subject to automatic renewals and you hereby consent to and accept responsibility for all recurring charges to your applicable payment based on this automatic renewal feature without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if applicable tax rates change or if the fees have been increased.

Spotr may add new products and services for additional fees and charges, or amend fees and charges for existing products and services, at any time in its sole discretion. Any increased fees will apply solely on a forward-looking basis beginning on your next billing period.

There are no refunds for any products or services purchased on or through the service and we are not obligated to provide any credits for partially used periods. In addition, you may cancel your Spotr account at any time; however, there are no refunds for cancellation. In the event that Spotr suspends or terminates your account or this Agreement for your breach of this Agreement or any part thereof, you understand and agree that you will receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else. Following your cancellation of a subscription, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Pro subscribers (each a “credit”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. Our provision of any credits does not entitle you to any future credits, whether for similar instances or otherwise.

Privacy

Your privacy matters to us. We invite you to learn how your information is handled when you use our Services by reviewing our Privacy Policy. We encourage you to give the Privacy Policy a careful look.

Rules

Spotr respects the rights of others, and so should you. You, therefore, may not use the Services, or enable anyone else to use the Services in a manner that violates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right ; bullies, harasses, or intimidates ; defames ; spams or solicits our users.

You must also respect the rights of Spotr. These Terms do not grant you the rights to perform any of the following actions (or enable anyone else to) : use branding, logos, designs, photographs, videos, or any other materials used in our Services ; copy, archive, download, upload, distributed, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as authorised in these Terms ; use the services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

Safety

We try hard to keep our Services a safe place for all users, but we can’t guarantee it. That’s where you come in. By using the Services, you agree to not use the Services for any purpose that is illegal or prohibited in these Terms.

You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information. You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent. You will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. You will not use or attempt to use another user’s account without their permission. You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence. You will not upload viruses or other malicious code or otherwise compromise the security of the Services. You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorised to access. You will not probe, scan, or test the vulnerability of our Services or any system or network. You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So please don’t use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use the Services while driving.

By using our Services, you acknowledge that Spotr can never be held responsible for any accident, injury or damage suffered by anyone using Our Service, especially accidents, injuries or damages occuring while attempting to visit, explore, capture, walk pass or broadcast from a Spot - whether this Spot is listed on Our Services or is unknown and - whether these accidents, injuries or damages are suffered by a user who acted in violation or in compliance with the present Terms.

 

Third-party services

If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. Spotr is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

 

 

Modifying the Services and Termination

We’re relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we will try to notify you beforehand -- but this won’t always be possible.

Though we hope you remain a lifelong member of the Spotr community, you can terminate these Terms at any time and for any reason by deleting your account. You can delete your account by contacting
[email protected].

Spotr may also terminate these Terms with you if you fail to comply with these Terms, the law, or for any reason outside of our control. And while we’ll try to give you advance notice, we can’t guarantee it. Our right to terminate these Terms means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity.

Regardless of who terminates these Terms, both you and Spotr continue to be bound by the sections of these Terms related to your Account and Username, Respecting users’ rights, Modifying the Services and Termination and Final Terms.

 

 

Indemnity

You agree, to the extent permitted by law, to indemnify, defend and hold harmless Spotr and our affiliates, directors, officers, shareholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claimes, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: your access to or use of the Services (1) ; your content (2) ; and your beach of these Terms (3).

 

 

Disclaimers

We try to keep the Services up and running and free of annoyances, but we can’t promise that we will always succeed.

The services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either expressed or implied, including, in particular implied warranties, conditions or other terms related to (1) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (2) arising from a course of dealing. In addition, while Spotr attempts to provide the best user experience, we don’t represent or warrant that : the Services will always be secure, error-free or timely ; the Services will always function without delays, disruption or imperfections ; or that any content or information you obtain through the Services will be timely or accurate.

If the law of the country where you live does not allow the exclusions of liability provided for in this clause, those exclusions shall not apply.

Spotr and their affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you can be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Spotr, nor their affiliates will be responsible for.

Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live.

Users finding offensive, illegal, misleading, or otherwise inappropriate content on Spotr are able to immediately report it from the app. Our moderation team takes action on reported content within 24 hours. Users are also able to block abusive users from the app.

Limitation of liability

Spotr and our affiliates, directors, officers, shareholders, employees, licensors, suppliers and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from : (1) your use of the Services or inability to use the Services ; (2) your access to or inability to access the Services ; (3) the conduct or content of other users or third parties on or through the Services ; or (4) unauthorised access, use or alteration of your content. In no event will Spotr or their affiliates’ aggregate liability for all claims related to the Services exceed the greater of a hundred euros.

If the law of the country where you live does not allow any limitation of liability provided for in this clause, that limitation will not apply.

 

 

Dispute resolution

If you have a concern, let’s talk. We totally encourage you to contact us first at [email protected] and we’ll do our best to resolve the issue.

Exclusive venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Spotr agree that all claims and disputes (whether contractual or otherwise) arising out of or related to the Terms or the use of the Services will be litigated exclusively in the courts of France, unless this is prohibited by the laws of the country where you reside. You and Spotr consent to the exclusive jurisdiction of those courts.

Choice of law

The laws of France govern these Terms and any claims and disputes (contractual or otherwise) arising out of or related to these Terms or their subject matter. The courts in some countries may not apply the laws of France to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.

Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

Final Terms

You acknowledge that these terms make up the entire agreement between you and Spotr and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. Spotr reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without the expressed written consent of Spotr.

 

 

Thank you

You can always contact us at [email protected] if you have questions or want to provide feedback about our Services. We always love to hear from our users. If you do happen to volunteer feedback or suggestions, just know that we can use your ideas without compensating you. If you’re full of ideas for Spotr and would like to be compensated, have a look at our available Jobs.

 


Updated: April 27, 2020

🤜 🤛
Spotr Team

© Spotr 2020 ・ All rights reserved ・ [email protected]

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