(As of January 1, 2022)
Thank you for visiting iLovethisspot.com (the “Site”). The terms and conditions listed below (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Site and any related applications whether existing now or in the future (collectively, the “Properties”).
By accessing or using the Properties, you agree to be bound by these Terms. These Terms constitute the complete agreement between you and Hylton Holdings & Acquisitions, LLC (“iLovethisspot.com,” “we” or “us”) regarding the Properties.
Ownership of Content
A. Your Content By posting or providing any content to our Properties, you represent and warrant to us that you own or have all necessary rights to use the content, including but not limited to profile information, reviews, images, messages, videos and any other materials (“Your Content”). By submitting Your Content you acknowledge and agree that such content may be viewed by the general public and will not be treated as private, proprietary or confidential and hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable, assignable and transferable license and right to use, store, display, reproduce, modify, translate, reformat, incorporate into advertisements, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to Your Content for any purpose and in any format or media now existing or created in the future, including, if submitted, your name, voice and likeness, and such permission shall be perpetual and cannot be revoked for any reason. You also irrevocably grant the users of the Properties and third party websites, mobile applications and other platforms who obtained Your Content from us (“Third Party Properties”) the same rights you have granted to us herein to use Your Content in connection with their use of the Properties and Third Party Properties. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, and allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any Third Party Properties and our and their users. You are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You may be held liable for Your Content. In submitting Your Content to us, you represent and warrant that: You are the sole author of Your Content, and Your Content are not copied from or based on, in whole or in part, any other work or website, except works in the public; and Use of Your Content by us, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party. With regard to Your Content which are images, you represent and warrant that at least one of the following is met: You have taken the photograph or created the image or artwork being submitted; You own the rights to the image or artwork; or You have explicit permission from the rights-holder to submit such image or artwork for use on our Properties and Third Party Properties and to grant the rights you have granted herein. Lastly, you represent and warrant to us that any of Your Content submitted to us will not: Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable; Contain material that violates the standards of good taste or the standards of the Properties, disparages us, the Properties or Third-Party Properties; Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights; Reference illegal activity, or describe physical confrontations and/or sexual harassment; Contain material that is illegal, or that violates any federal, state, or local law or regulation; Contain language or images intended to impersonate another person or offensive or inappropriate user names or signatures; Disguise or attempt to disguise the origin of Your Content; Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or professional, or have no qualitative value; Be a shill or a deceptive advertisement or cause, or be a result of, a conflict of interest; Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials; Assert or imply that Your Content is in any way sponsored or endorsed by us; or Contain material that is not in English; each as determinered in our sole discretion. We may, but are not obligated to, use, edit or abridge, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) on the Properties or Third-Party Properties in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to you under any circumstances. B. Our Content We are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with your business, and all other elements and components of the Properties excluding Your Content and third party content (“Our Content”). Some of Our Content is provided by third party contributors who receive consideration from us. While iLovethisspot.com provides advertising services for businesses, the substance of Our Content is not impacted by whether any business is a paying advertiser. As between iLovethisspot.com and you, iLovethisspot.com owns all the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights. C. Copyright Infringement If you believe that your copyright has been or is being infringed upon by material found in the Properties, you are required to follow the below procedure to file a notification pursuant to the U.S. Digital Millennium Copyright Act (the “DMCA”). You may be subject to liability under Section 512(f) of the DMCA if you knowingly make any misrepresentations on a take-down notice: Identify in writing the copyrighted material that you claim has been infringed upon; Identify in writing the material on the Properties that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged infringer and the business listing it is posted under); Include the following statement: “I have a good faith belief that the use of the content on the Properties as described above is not authorized by the copyright owner, its agent, or law.”; Include the following statement: “I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.” Provide your contact information including your address, telephone number, and e-mail address (if available); Provide your physical or electronic signature; and Send the email communication to: Email: legal@iLovethisspot.com Attention: Legal Department — Copyright Notice
No Endorsement of Content
Some of the content available through the Properties may include materials that belong to third parties. We also obtain business addresses, phone numbers and other contact information from third party vendors, who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Properties. We do not screen or investigate third party material before or after including them on our Properties. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Properties, but shall not be liable for any delay or inaccuracies related to such updates. Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Properties are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Properties, any Third Party Properties or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Restrictions on Use
Without limiting any other provisions of these Terms, this section is specific to the use of iLovethisspot.com’s downloadable software application(s) (the “Application”). A. Use of Content Through the Application You may choose to download solely for your personal use the Application onto your mobile or wireless device and/or platform (each, a “Mobile Device”). You may not use the Application on any Mobile Device that you do not own or control. Except for use expressly permitted in this Agreement, you may not make other use of any content available through the Application without our express written consent. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Application. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that by downloading the Application you are granted a license to use, but do not otherwise acquire any ownership rights in, the downloaded content. We may automatically check the version of the Application installed on your Mobile Device and, if applicable, provide updates for the Application (the “Updates”). Updates may include, but are not limited to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually as requested from time to time. We have the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you. B. Third Party Beneficiaries If you are accessing the Properties through an Application available from third parties (collectively “Third Party Providers”) including (without limitation) Apple, Inc.’s “App Store,” and Google, Inc.’s “Google Play” store, you acknowledge and agree that these Terms entered into by and between you and us, and that none of the Third Party Providers are party to these Terms. The Third Party Providers are not sponsor to, nor in any way affiliated with, any of the Properties, nor any of the services, applications, activities or features offered or provided by us, nor do they sponsor any cashback promotion. Notwithstanding the foregoing, the Third Party Providers are third party beneficiaries to these Terms. They are not obligated to provide any support, service or maintenance in regards to the Application. However, as third party beneficiaries they have the right to enforce these Terms against you.
Privacy and Security
Disclaimer of Warranties and Limitation of Liability
A. Disclaimer of Warranties B. Limitation of Liability Miscellaneous A. Indemnity You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorized use of the Properties, including, without limitation, the Bucket List Incentive Challenge by iLovethisspot.com Program, TheiLovethisspot.com Restaurant Review Game and all its related channels or products or services included or advertised in the Properties; or (iii) your breach of these Terms. B. Data Fees Data, messaging, or other ISP and carrier fees may apply in your use of the Properties. C. Changes to the Terms iLovethisspot.com may modify these Terms or The iLovethisspot.com Restaurant Review Game or the Bucket List Incentive Challenge Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should know that it is your responsibility to revisit these Terms and The iLovethisspot.com Restaurant Review Game and the Bucket List Challenge Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. If you do not agree to, or cannot comply with, these Terms or The iLovethisspot.com Restaurant Review Game or the Bucket List Challenge Terms as modified, you must stop using the Properties or iLovethisspot.com Restaurant Review Game or the Bucket List Challenge by iLovethisspot.com, and, if applicable, cancel your account. You understand and agree that your continued use of the Properties or The Video Review Network properties or the Bucket List Challenge by iLovethisspot.com after any posted modification to the Terms indicates your acceptance of the modification. D. Governing Law/Dispute Resolution/Class