The following terms and conditions (the Terms) govern your access to, and use of, the Spotivity website and the mobile application (the Service) operated as an affiliate of Graphium, Inc.
By clicking on the I Agree checkbox or by accessing, browsing, or otherwise using the site, you agree to be bound by the Terms and any of the related policies or guidelines, including any subsequent changes or modifications to them. If you do not agree to the Terms or any subsequent changes to the Terms, do not access or otherwise continue to use this site and service.
Graphium INC, a Delaware C-Corp operates each website / app that links to these Terms together with our applications, APIs, and online services (collectively, the Service ), as well as our other services, offerings, and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with us. By accessing or using our Services, you are agreeing to the Terms and entering into a legally binding contract with Graphium Inc. Do not access or use our Services if you are unwilling or unable to be bound by the Terms.
You and your refer to you, as a user of our Services. A user is someone who accesses, posts, edits, browses, or in any way uses our Services. Premium Provider refers to a program that has paid to list their program as such and receives benefits of membership the positively impact the quality and admin of their respective program.
We, us, and our refer to Spotivity and Graphium Inc.
Content means text, images, photos, audio, video and all other forms of data or communication.
Your Content means Content that you submit or transmit to, through, or in connection with our Services, such as posts, comments, invitations, messages, and information that you publicly display.
User Content means Content that users submit or transmit to, through, or in connection with our Services.
Spotivity Content means Content that we create and make available in connection with our Services.
Third Party Content means Content that originates from parties other than Spotivity or its users, which is made available in connection with our Services.
Site Content means all of the Content that is made available in connection with our Services, including Your Content, User Content, Third Party Content, and Spotivity Content.
We may modify these Terms from time to time. You understand and agree that your access to or use of our Services is governed by the Terms effective at the time of your access to or use of our Services. If we make material changes to these Terms, we will notify you by email or by posting a revised version of the Terms on our Site. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of our Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
To access or use our Services, you must be 13 years or older and have the requisite power and authority to enter into these Terms. You may not access or use our Services if we have previously banned you from our Site or closed your account.
We grant you permission to use our Services subject to the restrictions in these Terms. Your use of our Services is at your own risk.
Our Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You must create an account and provide certain information about yourself in order to use some of the features that are offered through our Services. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Programs are activities in the community that are open enrollment to all youths (both paid and free services) that occupy a roll that fits within our program buckets (currently Sports, Education, Mentoring, The Arts, Volunteerism, and Health). Programs listed are one of two types A) General Program and B) Premium Program.
a) General Program is a program that exists in public record and has been characterized in a manner that is in alignment with our identification system. These listings are only informative in nature and pulled from either A) local searches of public information or B) self-reported by the respective program entity. Spotivity does not vet any of these programs, provide any user information to them, and only lists publically available information on their respective profile.
b) Premium Programs are opt in programs that pay a fee for listing and receive multiple benefits for use of that platform. Please refer to the www.spotivity.com to evaluate all the features given to these programs. Please note, to be a Premium Program the program must opt in to a vetting system and provide Spotivity with a letter (current) of Good Standing and show proof (current) that the Program Administrator is a Mandated Reporter.
By creating an account, you agree to receive certain communications in connection with your use of our Services. For example, you might receive questions or requests from other Users related to information or events you post on using our Services, and sms/push notifications from Spotivity. We provide unsubscribe links in all of our email footers if you no longer wish to receive email updates and the User can address further communication allowances via their profile settings.
Please read this Conduct Policy carefully. It governs your conduct while using various services on this Web site, located at Spotivity.com (the \\\”Service\\\”) and operated by Graphium Inc. By using our Service, you agree to be bound the terms of this Conduct Policy.
Any violation of this policy may result in the suspension or termination of your access to the site or use of our service and such action as we deem appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.
The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on our Service.
The purpose of our Services and all content provided by Spotivity is to promote afterschool program identification and involvement in communities. All content provided, marketing efforts made, and insight given by way of the Services is to achieve this goal. Content provided by outside parties, individual users, and premium programs must adhere to these goals. Every reasonable effort will be made to ensure that all content not provided by Spotivity is appropriate.
You alone are responsible for Your Content and assume all risks associated with Your Content. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein.
You may expose yourself to liability if, for example, (i) Your Content contains material that is false, intentionally misleading, or defamatory; (ii) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) contains material that is unlawful, including illegal hate speech or pornography; (iv) exploits or otherwise harms minors; or (v) violates or advocates the violation of any law or regulation.
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (Other Media ). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of our Services and any Other Media the right to access Your Content in connection with their use of our Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Spotivity and its users any claims and assertions of moral rights or attribution with respect to Your Content. By use we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and Spotivity, you own Your Content. We own the Spotivity Content, including but not limited to the visual interfaces, interactive features, graphics, design and all other elements and components of our Services excluding Your Content, User Content, and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (IP Rights ) associated with the Spotivity Content and our Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Spotivity Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to our Services and the Spotivity Content are retained by us.
We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content – though we will not sell personally identifiable information PII to third parties or marketers.
\\\”Spotivity,\\\” \\\”Spotivity.com\\\” and Spotivity’s logos are trademarks, service marks or registered trademarks of Spotivity and Graphium Inc. and may not be copied, used or imitated, in whole or in part, without the prior written permission of Spotivity and Graphium Inc. You may not use meta tags or any other \\\”hidden text\\\” using any of the above-referenced marks without Spotivity’s permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Spotivity, and may not be copied, imitated, or used, in whole or in part, without Spotivity’s prior written permission. All other Spotivity names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Spotivity.
All copyrighted and copyrightable materials on the Service, including but not limited to the text, design, product information, graphics, images, pictures, sound and other files, and the selection, compilation and arrangement thereof (collectively, \\\”Materials\\\”) are ALL RIGHTS RESERVED Copyright © 2018 Spotivity Inc. and/or its licensors.
Spotivity grants you a limited license to make personal use of the Service to access and review the Materials for your information purposes only. This license does not include the right to:
If you believe that your copyright or trademark is being infringed through our Services, please send us a written notice with the following information:
If you believe that your content should not have been removed for alleged copyright or trademark infringement, you may send us a written counter-notice with the following information:
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a user’s account if the user is determined to be a repeat infringer.
You can send us your copyright or trademark notices to: Copyright Agent
By sending us any ideas, suggestions, documents or proposals (Feedback ), you agree that
You understand and agree that you are personally responsible for your behavior on our Services. You agree to indemnify, defend, and hold Spotivity, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the Spotivity Entities) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of our Services, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Spotivity reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Spotivity. Spotivity will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE SPOTIVITY ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING OUR SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
You expressly agree that use of the site, including all content or data distributed by or downloaded or accessed from or through the site, is at your sole risk. Spotivity disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, materials, and content on the site. Spotivity does not represent or warrant that materials in the site are accurate, complete, current, reliable or error-free.
Spotivity is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.
In no event shall we be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.
Illinois law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Spotivity (a Claim ), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN COOK COUNTY, ILLINOIS.
If you want to report any violations of this Conduct Policy, please contact us at: email@example.com
You are independently responsible for complying with all applicable laws in all of your actions related to your use of Spotivity’s Payment service, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.
Stripe requires pre-approval to accept payments for certain services, as set forth in the Stripe acceptable use policy, which you may access as of the date of this policy at the following link.
If you have questions about the Terms Use Policy, please email firstname.lastname@example.org