Spotz.com Privacy Policy

I. Introduction

This Code of Conduct and Terms of Use (collectively referred to as the "Code") will apply to each subscriber who wishes to use the Spotz.com Website (the "Website") and/or participate in its discussion groups ("Subscriber" or “You”). Each Subscriber must be over 16 and comply and adhere to this Code in order to access and use the Website or participate in any discussion group o the Website which contains detailed information on Subscribers' goods, services, skills, resources, requirements, opportunities, opinions, etc. In order to use and participate in this Website, all Subscribers must accept this Code by clicking the "I accept" button at the end of this document. Upon such acceptance, each Subscriber will be given a unique [logon ID] for participation in discussion groups (which will, for the purpose of security, be monitored and tracked by the administrors of Spotz.com "Overseer"). Active Spotz Ltd (the “Website Owner”) reserves the right to amend these terms of use at any time by amending and re-posting the terms on the Website. Furthermore, should you not click “I accept” button and become a subscriber but nevertheless wish to browse or otherwise use the Website the Code shall apply to you and but by any such use you agree to be bound by the Code.

1. Basic Requirements

1.1 Each Subscriber and any material including (without limitation) films, text and videos which he/she posts onto the Website or to its discussion groups ("Material") must comply with the following basic standards:

(a) All information and activities must be legal, decent and honest (in terms of the Subscriber's applicable law and standards);

(b) Data protection legislation within the the Subscriber's applicable law must be adhered to in order that the collection of personal information is not traded or disclosed illegally;

(d) Other applicable trading standards and laws and regulations as the same are created from time to time and notified to Subscribers direct and on this Website.

2. Specific Responsibilities of Subscribers

2.1 Each Subscriber represents and warrants on each and every visit to or use of the Website that:

(i) all Material submitted by the Subscriber is true and accurate;

(ii) the Subscriber is 16 years old or older and

(iii) the Subscriber’s use of the Website complies and will comply with all applicable laws.

2.2 Each Subscriber is solely responsible for the accuracy, legality, currency and compliance of its own Material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.

2.3 Each Subscriber is solely responsible for maintaining the confidentiality of its unique logon ID, and for its use. As traffic on this Website and in the discussion groups is monitored, evidence of use of the logon ID can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same.

2.4 Where Subscribers collaborate with one another as a result of use of this Website or the discussion groups, they do so as independent contracting parties. Subscribers acknowledge that the Website Owner will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.

3. Responsibilities of the Website Owner

3.1 The Website Owner will check/confirm the identity of Subscribers before a logon ID is given for any Subscriber participating in discussion groups on the Website.

3.2 The Website Owner will manage and oversee the Website and discussion group and will appoint an "Overseer" for such purpose. This appointee will also be responsible for administering the Complaints and Sanctions Procedure specified in Section 4 below.

3.3 The Website Owner reserves the right in its sole discretion to refuse to post, to remove any Material posted by any Subscriber and to restrict any Subscriber access to any part of the Website at any time at the Website Owner’s sole discretion.

3.4 You shall ensure that the information you post on Spotz.com and that you provide to other Users. Your Spotz.com profile shall not include the following items: telephone numbers, street addresses, last names, and any photographs or videos containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Spotz.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Active Spotz Ltd assumes no responsibility or liability for this material. If you become aware of misuse of the Spotz Services by any person, please contact a Spotz Community Leader, email reportabuse@spotz.com, or click on the "Report Abuse" link in the forums.

4. Complaints and Sanctions Procedure

4.1 The Website discussion group is a self-regulatory facility for Subscribers only and any complaint by a Subscriber will, in the first instance, be referred to the Website Overseer, who shall have all the powers of an arbiter.

4.2 The Website Overseer will deal with complaints expeditiously and where necessary, call upon evidence of the applicable Subscribers in dispute.

4.3 Sanctions available to the Overseer will include the following:

(i) suspending or expelling the guilty Subscriber;

(ii) referring the matter to the appropriate law enforcement agency, where the dispute is of a criminal or illegal nature;

(iii) referring the matter to a court of competent jurisdiction if the dispute necessitates the same (e.g requires an interdict/injunction, seizure or similar judicial measure).

5. Indemnity and Waiver

5.1 Each Subscriber agrees to indemnify and keep indemnified the Website Owner, their successors and assigns, and each of their respective directors, officers, employees and agents (collectively "Website Owner") from and against any and all liability, damages, losses, claims ( including reasonable legal fees) resulting in any way from its use of and from any Material posted on this Website, to its discussion groups or from any other matter relating to its participation herein including but not limited to use of the information contained on the Website, from discussion groups or arising from any introduction or collaboration resulting therefrom or otherwise arising from using the Website or arising from any breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Material that the Subscriber posts.

5.2 Each Subscriber waives any right to bring any claim or action against the Website Owners for any loss, damage or injury arising from use of the Website or any Material from the Website or from this Code.

6. Exclusion of Warranties and Liability

6.1 The Website Owners do not warrant the Material, accuracy or veracity of any Material or other information on the Website, the responsibility for which rests with each of the Subscribers as specified in Section 2 above.

6.2 Each Subscriber accepts the Website "AS IS" with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.

6.3 In no event will the Website Owners be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Subscriber's access to, or use of the Website, any Material thereon or any goods, materials or services available therefrom, whether based in contract, tort and whether negligent or otherwise, even if any Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Website Owners' aggregate total liability to any Subscriber for all such damages and losses shall be limited to the Website Subscriber fee (if any) paid by the Subscriber suffering loss during the twelve months preceding the event giving rise to liability.

7. Copyright & Privacy Policies

7.1 The Subscriber’s use of the Website is subject to the Website Owner’s Privacy Policy which is referred to for its terms and incorporated herein by reference.

7.2 Copright and any other applicable intellectual property rights subsisting in any Materials is prima facie owned by the Subsciber that has submitted that Material to the Website. Subscribers hereby acknowledge and agree that they shall not, in relation to any other party’s material commit any of the restricted acts under the Copyright Designs and Patents Act 1988 as amended and subordinate regulations (the “1988 Act”) without the express prior written consent of the Subscriber that submitted the relevant Material, and shall not otherwise infringe the 1988 Act or any other laws protecting intellectual property in the Materials by its use of the relevant Material.

8. Material Licence

8.1 Grant:The Subscriber hereby grants to the Website Owner a non-exclusive worldwide, royalty free licence with the right to sub-licence and the right to make the Material available through its Website and for such purpose, to use, reproduce, distribute, transmit and display such Material all in accordance with this Agreement.

8.2 Term:This Agreement shall commence on the date any Material is posted to the Website by the Subscriber and shall continue from year to year thereafter until or unless terminated by either party giving to the other written notice through the Website subject always to prior termination as hereinafter specified.

8.3 Delivery of Material

(a) The Subscriber shall supply/make available to the Website Owner the Material in the manner, the Subscriber posts the Material on to the Website.

(b) In the event of any problems with the Material , the Website Owner may liaise with the Subscriber's contact person whose name, email address and other contact details are specified in the Second Schedule. Any changes of contact will be communicated to the Website Owner by email. The Website Owner will use its best endeavours to ensure that such enquiries are restricted to critical problems with the Material .

(c) The Website Owner shall have the right to request changes to : the manner in which the Material is provided upon giving to the Subscriber prior written notice;the format and/or specification of Material supplied, upon giving to the Subscriber prior written notice; the update frequency of the Material .

(d) The Subscriber may only change the format or specification of the Material with the consent of the Website Owner and upon giving the Website Owner prior written notice. For the avoidance of doubt, the updates may include new information as well as corrections and modifications to existing Material .

(e) The Subscriber will be responsible for its own costs of delivery or transmission of the Material to the Website Owner and shall bear all costs associated with any change to the Material , made upon the reasonable request of the Website Owner in accordance with 9.3 above.

8.4 Use of the Material

(a) The Website Owner shall make the Material available through its Website on as many relevant websites and webpages as it, in its sole discretion shall deem appropriate PROVIDED the Website Owner has not been notified that any such websites or webpages are illegal or harmful as determined in accordance with Clause 6 below.

(b) The Website Owner may enter into arrangements with other networks to display the Material on such terms as the Website Owner deems fit.

(c) The Website Owner may reformat or change the Material (including but not limited to the “look and feel” of the Material ) in any manner as to deems appropriate.

(d) The Website Owner will use its reasonable endeavours to sell banner advertising space on the websites and webpages displaying the Material and to enter into such other revenue generating arrangements to as it deems appropriate.

8.5 Fees and Charges: The Website Owner shall not pay to the Subscriber any fee for the Material which the Subscriber acknowledges and agrees with the Website Owner are provided on a non-exclusive worldwide, royalty free and sub licence able basis.

8.6 Website Owner 's Undertakings

The Website Owner undertakes that, so far as it is able, it will use all reasonable endeavours:

(a) not to allow the Material to be used in any website or webpages which, under the laws of the country of the Website Owner or under international conventions, codes or regulations applicable to the Internet:

(i) is in breach of those laws, codes or regulations including but not limited to infringement of copyright and other intellectual property rights ("IPR's"), defamation, theft, fraud, drug-trafficking, money-laundering and terrorism;

(ii) may incite violence, sadism, cruelty or racial hatred;

(iii) may facilitate prostitution or paedophilia; is pornographic, obscene, indecent, abusive, offensive or menacing;

(b) not intentionally to create and/or introduce into the Material any virus, worm, trojan horse, cancelbot or other destructive or contaminating program or advise or permit any other party so to do;

8.7 Copyright, Trade Marks, Domain Names and Other Intellectual Property Rights

(a) Each Subscriber acknowledges and agrees that, prima facie, copyright and any other intellectual property rights subsisting in any Material submitted by any other Subscriber is owned by the Subscriber submitting same.

(b) The Subscriber acknowledges that any and all copyright, trade marks, domain names and other intellectual property rights subsisting in or used in connection with the Website and the Website Owner are and shall remain the property of the Website Owner and the Subscriber shall not during or after expiry or termination of this Agreement in any way question or dispute the ownership thereof by the Website Owner .

(c) The Subscriber shall not during or after the expiry or termination of this Agreement, without the prior written consent of the Website Owner , use or adopt any domain name, trade mark, trade name, trading style or commercial designation that includes or is similar to or may be mistaken for the whole or any part of any domain name trade mark, trade name, trading style or commercial designation used by the Website Owner .

8.8 Assignment: The Website Owner may assign any of the rights and obligations under this Agreement, without the express written consent of the Subscriber. The Subscriber shall not assign any of their rights and obligations under this Agreement.

8.9 Termination

(a) Notwithstanding any other provisions herein contained this Agreement may be terminated forthwith by either party by notice in writing only from the party not at fault if any of the following events shall occur namely:

(i) if the other party commits any breach of the terms or conditions of this Agreement and fails to remedy such breach (or in so far as such breach is not capable of remedy, to furnish adequate compensation therefor) within 30 days after receiving written notice from the party not at fault requiring it to do so;

(ii) if the other party shall present a petition or have a petition presented by a creditor for its winding up enters into compulsory or voluntary liquidation (other than for the purpose of a bona fide reconstruction or amalgamation), shall have a receiver of all or any of its undertakings or assets appointed, shall be deemed by virtue of the applicable law to be unable to pay its debts, or shall cease to carry on business.

(b) In the event of termination by either party for any reason pursuant to this Clause the Website Owner shall within seven (7) days of the date of termination purge/expunge the Material from the Website in addition to any and all back-up or archive copies of the same in/on whatever media (including any hard copies) and furnish the Subscriber with a certificate signed by a duly authorized employee of the Website Owner certifying that the same has been done. In the event that the Website Owner fails to comply with the provisions of this sub-clause, the Subscriber shall be entitled to access the Website for the purpose of purging/expunging the Material from the Website and the Website Owner hereby duly authorizes such access to its Network.

8.10 Warranty

(a) The Subscriber warrants that it owns any and all copyright, trade marks, domain names and other intellectual property rights subsisting in or used in connection with the Material and agrees to indemnify the Website Owner fully against all loss, or damage suffered as a result of a breach of this clause by the Subscriber.

(b) The Subscriber warrants that the Material does not nor has it been used in any website or webpages which, under the laws of the country of the Website Owner or under international conventions, codes or regulations applicable to the Internet:

(ii) may incite violence, sadism, cruelty or racial hatred;

(iii) may facilitate prostitution or paedophilia;is pornographic, obscene, indecent, abusive, offensive or menacing.

(c) The Subscriber warrants that neither the Material nor any update contains or will contain any virus, worm, trojan horse, cancelbot or other destructive or contaminating program or disabling device.

8.11 Liability and Indemnity

(a) Except to the extent that by statute liability may not lawfully be excluded in an agreement of this nature and between the respective parties hereto, the Website Owner shall not be liable in contract or otherwise for any direct, indirect or consequential loss or damage sustained by the Subscriber by the Website Owner making use of the Material in accordance with this Agreement.

(b) The Subscriber agrees to indemnify and keep indemnified the Website Owner from and against any third-party or user claims against the Website Owner arising from or relating to the Material or the Website Owner 's use thereof.

9. Term and Termination

Each Subscriber agrees to remain bound by this Code (as amended from time to time) for as long as they remain a Subscriber of the Website and wishes to use the Website unless the Website Owner or the Website Overseer earlier terminates, suspends or otherwise limits access to the Website and/or discussion group in accordance with Section 4 above or as it otherwise deems is appropriate.

10. Force Majeure

Neither party shall be liable to the other in respect of anything which, apart from this provision, may constitute breach of this Agreement arising by reason of force majeure, namely circumstances beyond the control of either party which shall include (but shall not be limited to) acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority, including acts of local government and parliamentary authority acts of war (declared or undeclared), terrorism.

11. Waiver

Failure or neglect by the Website Owner to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of the Website Owner 's rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice the Website Owner 's rights to take subsequent action.

12. Headings

The headings of the terms and conditions herein contained are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this Agreement.

13. Severability

In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

14. Applicable Law

Each Subscriber agrees that this Code and any dispute arising in any way in relation to the Website will be governed by and construed in accordance with the applicable laws of Scotland.

15. General

(a) In the event that any provision in this Code is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by the Applicable Law.

(b) This Code represents the entire agreement between Subscriber and the Website Owner relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website.