Terms of Service

The Services offered by DotSpots, Inc., a California corporation ("DotSpots" or "We") include the DotSpots.com Website (the "Website"), the DotSpots toolbar (the "Software"), and any other features, content, or applications offered from time to time by DotSpots in connection with the Website (collectively, the "Services").

By accessing our Software and Services, you agree and acknowledge to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms or to our Privacy Policy, then you may not access the Website or use the Services. DotSpots reserves the right to change these Terms at any time. We recommend that you periodically check this Website for changes.

About Our Software

When you install the Software, you will have the ability to add your voice to any news article or paragraph on the web in the form of dots (A user annotation on any paragraph or article that includes comments, videos, photos, links and references). Any logged-in user may create a dot by using the pop-up widget that is either provided through the client-side plugin, or is available on sites with the DotSpots server-side plugin. Furthermore, your Dot will become Public (viewable by all DotSpots members) once it's published.

Below are some ways that any logged-in user may interact with a Dot:

  • Mark it as useful, not useful or off-topic
  • Share it with friends
  • Reply to it

Below are some ways that any logged-in user may interact with a DotSpot (One or more users contributed dots on any paragraph on the web - marked by a dot icon on the page):

  • Add your own Dot or contribution to a DotSpot
  • Access the most useful dots through a pop-up widget
  • Access all the dots through the sidebar by clicking on the appropriate link on the pop-up
  • Reply to any dot

Usage License

DotSpots grants you a non-transferable, non-exclusive, non-sublicensable, royalty-free and fully paid, worldwide right and license to reproduce (solely to install and execute) the Software on one of your computers, in executable object code format only, for your personal, non-commercial use only, subject to the Terms of this Software License. You are permitted to download the Software multiple times in order to install the Software on multiple computers, provided that you agree to the Terms of this Software License each time you download the Software.

User Responsibility

You are solely responsible for your use of the Website and Services. Because DotSpots merely serves as a repository of information, user-posted content does not represent the advice, views, opinions or beliefs of DotSpots, and DotSpots makes no claim of accuracy of any user-posted material. In addition you need to adhere to our Anti-Spam Policy and Community Rules and are solely responsible for:

Your Dots, comments and any information that you choose to share through the Website and Services. We assume no responsibility or liability for your activity in connection with the Service or Website. You must make your own determination as to whether what you comment on, create or copy and how you share it violates anyone's rights (including copyright) or any laws or any contractual or fiduciary relationship (such as insider information or proprietary or confidential information learned or disclosed to you under an obligation of confidentiality). Neither we nor the Copyright Office can determine for you whether a particular use of another's copyrighted content is fair but the Office's factsheet on the topic can be found at www.copyright.gov/fls/fl102.html. In creating Dots, Tags, Titles or Comments, you grant DotSpots a royalty-free, perpetual, irrevocable, non-exclusive, transferable right to use, reproduce, distribute, transmit, disseminate, display, publish, modify, perform and create derivative works thereof (in whole or in part) worldwide and to incorporate them into other works in any form, media or technology now known or later developed.

What you view. Using the Website may expose you to content that you find objectionable, inappropriate or offensive, and posted content might be inaccurate, false or misleading. You agree that your use of the Website, Software and Services is at your own risk and that we are not responsible or liable for any harm resulting from such use.

Restrictions

You may not modify, make derivative works of, copy, reproduce, publish, or reverse engineer the Software. You may not license, sell, transfer, distribute, rent, lease or otherwise transfer or exploit rights to the Software.

You may not use the Software in any manner that could damage, disable, overburden or impair the Website or Services, nor may you use the Software in any manner that could interfere with any other party's use and enjoyment of the Website or Services. You agree that you will use the Software for lawful purposes and only in compliance with all applicable laws, including but not limited to copyright and other intellectual property laws. Your right to use the Software will terminate immediately if you violate any provision of these Terms. In addition, DotSpots may terminate your right and license to use the Software and Service at any time for any reason, in its sole discretion. Upon termination of your account, you may no longer use the Website or Software.

Feeds and Api

DotSpots provides access to portions of its Website and Services via RSS feeds and an API; for the purposes of these Terms, such access constitutes use of the Website and Services. You must use these features respectfully, as outlined in the documentation. You may not use these or any other features or the Website itself to allow the display of a substantial portion of the DotSpots' database or reproduce, duplicate or copy the Website. We reserve the rights to change these features at any time and to disable access to the feeds and the API at any time for any reason.

Intellectual Property (Trademarks & Copyrights)

DotSpots owns all right, title and interest in and to the Software and Website and the intellectual property rights (including trademark rights, patent rights, copyright rights, trade secret rights and any other proprietary rights) therein, and you acknowledge DotSpots' ownership and that the limited license we grant you does not convey or transfer any ownership to you.

Copyright Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of DotSpots to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to DotSpots by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Website;
  4. your address, telephone number, and email address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

No Warranty and Limitation of Liability

No Warranty. DOTSPOTS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, REPRESENTATIVES AND AGENTS DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SOFTWARE OR WEBSITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1) THE SOFTWARE, SERVICES AND WEBSITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, 2) YOU INSTALL THE SOFTWARE AND USE THE SOFTWARE AND WEBSITE AT YOUR OWN RISK AND DISCRETION, AND 3) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE AND WEBSITE

Limitation on our liability. In no event shall DotSpots be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services, even if DotSpots has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, DotSpots' maximum liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of $100 or amount paid, if any, by you to DotSpots for the services during the term of membership.

Indemnification

You agree to indemnify and hold harmless DotSpots, the DotSpots licensors and their subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any liability, cost, expense, or claim or demand made by any third party, due to or arising directly or indirectly out of your conduct or in connection with your use of the Software, any alleged violation of these Terms, or any alleged violation of any applicable law or regulation. DotSpots and the DotSpots licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

Other

DotSpots and you are independent entities, and nothing in these Terms, or via use of the Website or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between DotSpots and you.

These Terms supersede any previous agreement and represent the entire agreement between DotSpots and you. If you have comments, questions or concerns regarding the Software or Website, contact us at support@dotspots.com.

This Agreement will be governed by the laws of the State of California. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of California and you agree to personal jurisdiction by the state and federal courts sitting in Los Angeles, California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.

Last modified: January 1, 2009