dSpot

These terms and conditions (the "Terms") govern your use of this dSpot.com  ("dSpot") website (the "Website") and the dSpot Wi-Fi Services ("services"). If you do not agree with these Terms, do not use this Website or the Services.

General Use Restrictions

All information, documents, products, software, and services (the "Materials") provided on this Website or Services were provided by or to dSpot by their respective manufacturers, authors, developers and vendors (the "Third Party Providers") and are the copyrighted work of dSpot and/or the Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of dSpot or the Third Party Provider. No part of the Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of dSpot. You also may not, without dSpot's prior express written permission, "mirror" any Material contained on this Website on any other server.

Nothing on this Website shall be construed as conferring upon you any license under any of dSpot's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. The only right you have is as set forth in the paragraph immediately below. All other worldwide rights are reserved to dSpot and / or the Third Party Providers (as applicable). You acknowledge sole responsibility for obtaining any such licenses.

Permission is granted to display, copy, distribute and download dSpot's Materials on this Website provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials, (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any of the Materials are made. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded and printed Materials.

Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, among others.

Third Party Content Disclaimer

Materials provided by Third Party Providers have not been independently authenticated in whole or in part by dSpot. dSpot does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by dSpot.

Links to Third Party Sites

This Website and the service may contain links to other websites which are not under the control of and are not maintained by dSpot. dSpot is not responsible for the content of those sites. dSpot is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by dSpot of those sites.

Software Use Restrictions

Any software that is made available to download from the Website or Service (the "Software") is the copyrighted work of dSpot and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction or redistribution of the Software is expressly prohibited.

Installation assistance, product support and maintenance, if any, of the Software is available from dSpot and/or the Third Party Providers, as the case may be.

You are required to install dSpot software ('dSpot Toolbar') in order to access the services and shall be required to click on a sponsors ad at a minimum frequency as set by dSpot which may be varied from time to time.

Any attempt to hack or vary the Toolbar software or any attempt to bypass or disrupt the service in any way shall result in the user being permanently denied access to the services. Any re-instatement shall be at the sole discretion of dSpot.

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Submissions

Unless otherwise explicitly stated, any Materials provided by you in connection with this Website shall be deemed to be provided on a non-proprietary and non-confidential basis. dSpot shall have no obligation of any kind with respect to such Materials and shall be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you, not dSpot, have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.

Disclaimer of Warranty

UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS", ARE EXPERIMENTAL, AND ARE FOR COMMERCIAL USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. DSPOT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEBSITE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.

Limitation of Liability

DSPOT SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL dSpot BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF DSPOT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST DSPOT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.

YOU AGREE TO HOLD DSPOT HARMLESS FROM, AND YOU COVENANT NOT TO SUE DSPOT FOR, ANY CLAIMS BASED ON USING THE WEBSITE.

Local Laws; Export Control

dSpot controls and operates this Website from various locations in the United States of America and the United Kingdom and makes no representation that these Materials are appropriate or available for use in other locations outside of the United States of America and Europe. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.

Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies or other entities located in the United States and the United Kingdom.

You acknowledge and agree that Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical / biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from dSpot, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or reexport as may be required.

U.S. Government Rights

The Materials on this Website are provided with the following restrictions: Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in the FAR 52.227-19 (June 1987), FAR 52.227-14 (ALT II & ALT III) (June 1987), or if DoD, as specified in DFARS 252.7202-1(a) and 252.7202-3(a) and vendor's applicable license terms, and DFARS 252.227-7013 (Nov 1995) and 252.227-7014(Nov 1995), as applicable. Use of the Materials by the U.S. Government constitutes acknowledgment of dSpot's and/or the Third Party Provider's proprietary rights in them.

General

This Website could include inaccuracies or typographical errors. dSpot and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website.

Any action related to these Terms will be governed by United Kingdom law. No choice of law rules of any jurisdiction will apply.

These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications. dSpot can revise these Terms at any time without notice by updating this posting.

Trademarks

dSpot, the dSpot logo, graphics and symbols on the dSpot website, and all dSpot-based trademarks and logos, may be trademarks or registered trademarks of dSpot in the United States and other countries.

Copyright Notice

Copyright Notice (c) 2005 by Aardvaak Inc., Suite 700, 101 Convention Center Dr, Las Vegas, NV, USA. All rights reserved. Questions or comments?

terms@dSpot.com