Terms and Conditions, legal Disclaimer of Use

PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE SOFTWARE.

By clicking the “accept” or “ok” button, or installing and/or using the event App The Spot, a mobile software application (the “Software”) you expressly acknowledge and agree that you are entering into a legal agreement with The Spot, Inc. (“The Spot”, we”, “us” or “our”), and have understood and agree to comply with The Spot, and be legally bound by, the terms and conditions of this Organizer License Agreement (“Agreement”). 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 this Agreement please do not register, download, install or use the Software.

“As is” condition

This Software and the License hereunder are granted to you free of charge. This Software has been developed by us and, before its public release, it was tested by The Spot. In any case, it should present some imperfection or bug. In this case, we are no liable or responsible to any damage, loss of profits or of other physical or intellectual goods. This Agreement, and any new versions, between The Spot and You, governs all of your use of Software from any device in which the Software has been installed, whether by You or third parties. For purposes of this Agreement, “You” means the end user of this Software. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license to: (i) download, install and use the Software on a mobile telephone, tablet, computer or device (each, a “Device”) that you own or control; and (ii) access and use the Software on that Device in accordance with this Agreement and any applicable Usage Rules (as defined below). 

License Restrictions

As already specified, your use of the Service is at your sole risk. The Service is provided on an 'as is' and 'as available' basis. The Spot expressly disclaims all warranties, conditions and other terms of any kind, express, implied or statutory, relating to the Software, Content and submissions, including without limitation the warranties of title, satisfactory quality, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance.

You agree not to, and shall not permit any third party to:

By accessing this Software in any manner, you agree to be bound by our additional legal documentation, such as the Privacy Policy.

You also understand that The Spot uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Software. 

In particular, The Spot does not warrant that (i) the Software will meet your specific requirements, (ii) the Software will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Software will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations, and (v) any errors in the Software will be corrected.

Third-party software

The Software, our Clients, or third parties may provide, links or otherwise direct you to other sites, services and resources on the Internet. The Spot has no control over such sites and resources and The Spot is not responsible for and does not endorse such sites, services and resources. You further acknowledge and agree that The Spot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such hyperlinked site, service or resource. You may utilize our software through various Supported Platforms and Devices and any applications developed by third parties that The Spot does not own or control (“Third-Party Apps”).  The Spot’s Privacy Policy does not cover any information or other content you can view on Supported Platforms or information you may provide to Third-Party Apps accessed via the Software. The Spot cannot take responsibility for the content or privacy policies of any Supported Platforms or Third-Party Apps. We encourage you to carefully review the privacy policies of any Supported Platforms or Third-Party Apps you access via the Software.

Usages Rules

If you are downloading the Software from a third party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the Software (“Usage Rules”). Usage Rules may be applicable depending on where the Software has been downloaded from. You acknowledge that, prior to downloading the Software from a Distributor, you have had the opportunity to review and understand, and will comply with, it’s Usage Rules. The Usage Rules that are applicable to your use of the Software are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Software; if you are unable to make such a representation you are prohibited from installing and/or using the Software.

Intellectual Property

Any and all Intellectual Property (“IP”) Rights in the App are and shall remain the exclusive property of The Spot. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Right in You. By utilizing this Software, you agree to not take any action to compromise, limit or interfere with The Spot’s IP. Any unauthorized use will be both a violation of this Agreement and all intellectual property, copyright and trademark laws. IP means any and all patents, pending patent applications, designs, trademarks, trade names, copyright and related rights, database rights, trade secrets and confidential information.

Events and Interactions 

You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline communication for any event posted or promoted through the Software or publicly distributed on the Internet. You agree that The Spot shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or your attendance at any such event.

Limitation of Liability and legal Disclaimer of Use

You expressly understand and agree that The Spot shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Spot has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Software; (v) or any other matter relating to the Software.

You agree to defend, indemnify, and hold The Spot, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal fees and costs, arising out of or in any way connected with (i) your access to or use of the Software (ii) our use of your Content in accordance with these Terms of Service; (iii) your violation of these Terms of Service; (iv) our use, reproduction, or modification of the Marks or (v) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Content. Finally, you fully agree that any failure of event, loss in profit, damages or injuries happened for/during the use of the App is not our legal responsibility but only yours, the user.

No Waiver; Entire Agreement; Severability

The failure of The Spot to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, our Privacy Policy (all of which are incorporated into these Terms of Service by reference), and any Additional Terms you’ve agreed to constitutes the entire agreement between you and The Spot and govern your use of the Software, superseding any prior agreements between you and The Spot (including, but not limited to, any prior versions of the Terms of Service). Nothing in this clause shall operate to exclude any representation made by a party fraudulently. If it turns out that a section of the Terms of Service isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms of Service will still be valid.

Electronic Notices 

By using the Site and the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site or the Services.

Carrier Fees 

Please be aware that your use of the Software may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.

Use of the Software in a Vehicle

If you are using the Software in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the Software unless your vehicle is stationary and legally parked.

Governing Law

We operate globally, but this Agreement shall be governed by and construed in accordance with the laws of the Saudi Arabia without regard to its conflict of laws rules. The Spot makes no representation that materials in this Software are appropriate or available for use outside the Saudi Arabia, and access to them from territories where their contents are illegal is prohibited. You may not use, export, or re-export the materials in this Software or any copy or adaptation in violation of any applicable laws or regulations. If you choose to access this Software from outside the Saudi Arabia, you do so on your own initiative and are responsible for compliance with applicable local laws. These terms will be governed by and construed in accordance with the laws of the Saudi Arabia, without giving effect to any principles of conflicts of laws.

This Agreement may be amended from time to time without notice to you.  Please check back periodically for the most updated version of the Agreement. Your continued use of our Software after this Agreement has been amended shall be deemed as your continued acceptance of the Terms and Conditions, as amended.

This Software is provided as a service to its users. The Spot reserves the right to delete, modify, revise or supplement the content of this Software and this Agreement at any time for any reason without notice to anyone. You should visit this page from time to time to review the then-current terms of this Agreement because they are binding on you. Certain provisions and terms of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages in this Software.

 

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SERT FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS