Spotlight .is

Spotlight.is, a Rhinox LLC Company Terms and Conditions and Acceptable Use Policy

Spotlight.is requires your use of the Services to comply with applicable law and to be consistent with our community standards. The purpose of this Acceptable Use Policy (“Policy”) is to inform you of our expectations regarding your use of the Services. By using or continuing to use Spotlight.is, you accept and consent to the rights, obligations, and practices described in this Policy.
SPOTLIGHT.IS IS PROVIDED "AS IS" AND THE APPLICATION AND RHINOX DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE APPLICATION AND RHINOX BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS APPLICATION. HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF Spotlight.is HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT THE FUNCTIONS CONTAINED IN Spotlight.is WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE Spotlight.is WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE Spotlight.is WILL BE CORRECTED.IN NO CASE WILL Spotlight.is AND ITS LICENSORS’ TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE Spotlight.is SERVICE GIVING RISE TO THE LIABILITY. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability.

• General. The web application and documentation accompanying this agreement ("Application") is for use, not sold, to you by Spotlight.is (“Spotlight.is”) for use only under the terms and conditions of this agreement. Spotlight.is and its licensors retain ownership of the Application and Spotlight.is reserves all rights not expressly granted to you. The terms of this agreement will govern any web application updates provided by Spotlight.is that replace and/or supplement the original Application, unless such update is accompanied by a separate license in which case the terms of that license will govern.


• Applicability. This Policy applies to you and your Users with respect to the Services, including if you decide to host Spotlight.is on your own domain name or embed Spotlight.is as an embedded content, or your network. You shall be responsible for: (i) informing your other Users, if any, of the existence of this Policy, as well as any amendments, updates, or modifications made to this Policy; and (ii) agreeing to this Policy, as amended, updated or modified from time to time, on behalf of all Users. This Policy forms a part ofSpotlight.is Terms of Service and is a Supplemental Use Policy thereunder. All capitalized terms not expressly defined in this Policy shall have the meaning found in the Master Services Agreement.


• Age. Spotlight.is restricts members to be over 16. You confirm you are over this age when you sign up.


• Uploading. Please follow these guidelines which summarise our User Content and User Conduct terms: You agree to use your own copyrights or that you have proper and authoritative permissions to upload elements (photos, videos, CSS, code) on your posts. If inserting assets from the internet you agree that you've read the fine print of your elements license agreements. Unless an iframe snippet, no uploading of assets - photo, video or audio clips or compilations of scenes from TV programs or movies. No screen recordings of video games or gameplay, even if edited.


• Take Down Notices. Spotlight.is impliments the "notice-and-takedown system" which gives copyright owners the ability to inform online service providers (spotlight.is) about a potential violation and request that they remove content from their site if it was used without permission. This is known as a DMCA takedown. Failure to comply with the takedown notice waives our right to safe harbor protection from infringement liability. This means the copyright holder can hold the service provider legally accountable. If you upload such content, your post may be removed until you provide documentation proving to the reporting party otherwise.
  As an author of Spotlight.is posts you understand such valid take down claims may cause damage to you.
  As copyright holders and representatives: DMCA protects Provider such as Spotlight.is from copyright infringement suits by Victim, providing the proper DMCA procedure is followed, and it allows Provider to remove Stuff without fear of getting sued by User (17 USC 512(g)). Spotlight.is Agent # DMCA-1056378
  
  
• Call to Action. Spotlight.is has a feature called call to action, which is a slide at the end of a post that allows for creators to enter a URL. Merchants and service providers may have the intent to sell products of service using this site. If you as the creator or co-creators uses an element like text, photos, videos, fonts, iframe code, snippet code, Javascript libraries, including CSS styling libraries like Tailwind, please abide by any license for that asset element. You agree that Spotlight.is serves as a platform, and that any notices in violation sent to Spotlight.is will be passed through to you to take action and that we are not responsible for any violations of licenses with respect to those elements that you/your team may have used on your post. Note that Spotlight.is allows users to insert Google fonts which allows for commercial use.
  


• Abuse. The Services may only be used for lawful purposes. You shall not use any Service to engage in, foster, or promote illegal, abusive, fraudulent, or irresponsible behavior, including without limitation: Creation or distribution of unsolicited bulk email and mailing lists; Your title / url slug is not clickbait - deceptive, sensationalized, or otherwise misleading; Buying or Selling anything illegal such as drugs; Intent to sell tangible knockoffs. First offense may be an honest mistake, but the second time will get your account banned.

  You may not upload content that incite hatred; include defamatory or discriminatory speech; or depict unlawful acts or extreme violence. Using the site to launder money, bitcoin, or a form of cryptocurrency (a Mule); Creation of an account after being previously terminated by Spotlight.is without our prior written permission; Disruption or interference of any data system or network, computer or communications system, software application, or network or computing device; Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network.

  Use of any false, misleading, or deceptive header information in an email internet forums, chat, or a newsgroup posting; Use of an Internet account or computer without the owner's authorization; Distribution of any advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems; Distribution of any application or code that covertly gathers information about a user or covertly transmits information about the user;

  Agents and Third Party. If you are using the Application on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are acquiring the Application to the terms and conditions of this agreement.

  Unauthorized collection or use of any personally identifiable information, identifying information, or posts (including, without limitation, phishing, Internet scamming, password engineering, scraping, and harvesting); Unauthorized collection or use of any financial or health data; and Any conduct that is likely to result in retaliation against Spotlight.is or our Representatives, including engaging in behavior that results in any server being the target of a denial of service attack.

  You agree to not use Spotlight.is to: post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person, company, or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the site; post, email, transmit or otherwise make available any Content that:
  

  • You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information,
  proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Sell or promote pirated material (example: ripping audio from Youtube in the attempt to sell it in any way or form). Infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party (see bullet point 'Licensing on elements' below); In such a case of violation your account and activity may be shared with law enforcement, online banking financial institutions associated with your account such as Paypal, Stripe, and/or copyright holders.
  • Makes available any unsolicited or unauthorized advertising, promotional materials, junk mail / spam and similar”, pyramid / ponzi schemes, including selling items or services of such nature, or any other form of solicitation;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in exchanges; interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site;
  • intentionally or unintentionally violate any applicable local, state, national or international law; stalk or otherwise harass another; or
  • collect or store personal data about other users outside of any Spotlight.is features that may natively exist.



• Content Management. You acknowledge that Spotlight.is does not pre-screen all content, but that Spotlight.is shall have the right (but not the obligation) in their sole discretion to edit, delete, refuse or move any content that is available via the site. If you've recieved a refund, Spotlight.is may delete your content and assets uploaded to the service. Without limiting the foregoing, Spotlight.is shall have the right to remove any content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
  You acknowledge and agree that Spotlight.is may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety ofSpotlight.is, its users and the public.
  You understand that the technical processing and transmission of the site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  You agree that if you post content that contains statements or depictions of violence against a person, group of people, or country, that the Department of State will report this incident and its content to the appropriate law enforcement agency.


• Excessive Use of System Resources. You shall not use any shared system provided by Spotlight.is in a way that unnecessarily interferes with the normal operation that consumes a disproportionate share of the resources of the system, including without limitation, any form of cryptocurrency mining without the prior written permission of Spotlight.is. You agree that Spotlight.is may quarantine or delete any Data stored on a shared system if the data is infected with a virus, is corrupted, or has the potential to infect or corrupt any Data that is stored on the same system.


• Vulnerability Testing. You shall not attempt to probe, scan, penetrate, or test the vulnerability of Spotlight.is or any Service, and shall not breach Spotlight.is security or authentication measures, whether by passive or intrusive techniques, without Spotlight.is's express written consent. If you are a Spotlight.is customer and need to perform a penetration test, let us know beforehand by emailing Support here. Newsgroups, Chat Forums, Other Networks. You shall comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as Internet Relay Chat and USENET groups. You must comply with the rules of any other network you access or participate in while using the Services.


• Offensive Content. You shall not Process any content or link to any content that does not comply with applicable law or Spotlight.is’s community standards, including without limitation, any content that Spotlight.is deems at our sole discretion, to: constitute, depict, foster, promote, or relate in any manner to child sexual abuse, bestiality, or non-consensual sex acts; be excessively violent, incite violence, threaten violence, or contains harassing content or hate speech; be unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; posting any stolen products/services/data, be defamatory or violates a person's privacy; create a risk to a person's safety or health, create a risk to public safety or health, compromise national security, or interferes with an investigation by law enforcement; improperly expose trade secrets or other confidential or proprietary information of another person or business; promote illegal drugs, violate export control laws, arise from or relate to illegal gambling or illegal trafficking; be otherwise illegal or to solicit conduct that is illegal under laws applicable to you or to Spotlight.is; or be otherwise malicious, fraudulent, or result in retaliation against Spotlight.is by offended viewers.


• Intellectual Property. You shall not use Spotlight.is's network or services to download, publish, display, distribute, copy or otherwise use or make available in any manner any text, music, software, art, image or other work protected by law unless: (i) you have been expressly authorized by the owner of the property; or (ii) you are otherwise authorized by established Intellectual Property law.


• Live Events. Spotlight.is may prohibit you from streaming live events where there is a risk, in Spotlight.is's discretion, that the event may in itself violate this Policy. Enforcement and Effect of Violation. Violation of any provision of this Policy, whether as a single-instance or repeated occurrence, may result in the immediate interruption, suspension, or termination of your access and use of the Services, as determined by Linode at Linode’s sole discretion. You acknowledge, understand, and agree that Linode shall not be required to issue warnings, reprimands, or undergo any formal or informal process prior to causing the Services to be interrupted, suspended, and/or terminated.
  Service/In-App Credits. No service credit shall be available under the Terms of Service for interruptions, suspensions, or terminations of service arising from or related to any violation of this Policy.


• Termination. This agreement is effective until terminated. Your right to use the Application will automatically terminate without notice from Spotlight.is if you violate any terms of this agreement. Upon termination of this agreement, you must stop using the Application and destroy any copies of the Application in your possession or control. The provisions of paragraphs 5, 6, 10 and 11 will survive any termination of this agreement.


• Controlling Law and Severability. If you are in the U.S.A., this agreement will be exclusively governed by and construed in accordance with the laws of the United States and the State of Nevada, without regard to or application of its choice of law rules or principles. If you reside outside the U.S.A., this agreement will be exclusively governed by the laws of Switzerland. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this agreement will continue in full force and effect.


• Complete Agreement; Governing Language. This agreement constitutes the entire agreement between the parties with respect to the use of the Application and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. No amendment to or modification of this agreement will be binding unless in writing and signed by Spotlight.is. Any translation of this agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this agreement will govern.


• Open Source. Including Plugins, Libraries, Frameworks, Modlues. Certain portions of the Application are not licensed under the terms of this agreement, but are instead licensed under the terms of applicable open source licenses, including but not limited to the BSD License, Apache License or the Lesser GNU General Public License (“Open Source Components”). Your use of each Open Source Component is subject to the terms of each applicable license. You must agree to the terms of each such applicable license, or you should not use the Application.


• Spotlight.is shall have the right and ability to amend this Policy at Spotlight.is's sole and absolute discretion, and any amendments herein shall be effective within fourteen (14) days of being posted by Spotlight.is or by your continued use of the Services, whichever later.

You agree that Spotlight.is may collect, maintain, process and use diagnostic, technical and related information, including but not limited to information about your Spotlight.is data, that is gathered periodically to facilitate the provision of the web application updates, support and other services to you (if any) related to the Spotlight.is web application, and to verify compliance with the terms of this agreement. Spotlight.is may use this information, as long as it is in a form that does not personally identify you, to improve our services to you.