Welcome to TheSpotInformant.com. The web pages available at TheSpotInformant.com, as well as all linked pages (hereinafter “Site”), are owned and operated by JD Designs Group, its affiliates and partners (hereinafter “JD”), and is accessed by you under the Terms of Use described below (“Terms of Use”). Please read these terms of use carefully before using the Site or its services.
Acceptance of Terms
By accessing TheSpotInformant.com, or by using any part of the Site, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access TheSpotInformant.com, or use the content or any services offered on the Site. JD’s acceptance is expressly conditioned upon your assent to all these terms and conditions, to the exclusion of all other terms; if these terms and conditions are, at any point, considered, or characterized as, an offer by JD, acceptance is expressly limited to these terms.
Copyrights
The contents of the Site are protected by U.S. and International copyright laws. The contents of the Site are owned by or licensed to JD or its affiliates. In the case of User Materials (as defined in the “User Materials” section below), the contents are licensed to JD by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Site without the prior written consent of JD, except as provided below. All rights not expressly granted in these Terms of Use are reserved to JD.
You may copy, or download, one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include, without modification, all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests JD or TheSpotInformant.com promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the Site that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.
No quotes from any material on the Site may be used in any media without attribution to TheSpotInformant.com.
Any other use of TheSpotInformant.com content requires prior written permission from JD.
User Materials
Through the community features of TheSpotInformant.com, users may post, upload, transmit and/or otherwise submit (hereinafter “Submit”) comments, messages, text, photos, images, story ideas, essays, and other content materials, as well as make recommendations, on or through the services of TheSpotInformant.com (“User Materials”). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by the staff of TheSpotInformant.com and on the Site by the general public. You acknowledge that the Site and all its services are for public and not private communications.
JD reserves the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in its absolute and sole discretion without prior notice, although it has no duty to do so. If JD elects to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If JD has questions about your User Materials, JD retains the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.
You retain the copyright and other ownership rights in any User Materials that you submit on or through the Site. However, by submitting User Materials on or through the Site, you hereby grant JD, its affiliates, and their respective licensees, a non-exclusive, perpetual, royalty-free, worldwide, transferrable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, TheSpotInformant.com, its linked pages, applications and services, third party licensee web sites, applications and services, over the air (on all forms of radio or television), and other applications and services later devised, without payment and without further consent or notice to you. You further grant JD, TheSpotInformant.com, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.
In addition, you grant each user of the Site, third party licensee web sites, applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Site, third party licensee web sites, applications and services, and to use your User Materials pursuant to these Terms of Use and the terms of use of the third party licensee web sites, and as permitted by the functionality of the Site and third party licensee web sites, applications and services (such as through widgets, RSS feeds and other methods similar or dissimilar, now known or later devised).
Digital Millennium Copyright Act Notices
TheSpotInformant.com respects the intellectual property rights of others. It is, therefore, Site policy to expeditiously process, investigate and address notices of alleged infringement, and to take appropriate action under the Digital Millennium Copyright Act and other relevant intellectual property laws.
If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Site, please provide the following information in writing to TheSpotInformant.com’s Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):
1. A signature (physical or electronic) of a person authorized to act on behalf of the copyright owner
2. A description of the copyrighted work that you claim has been infringed.
3. A description of the material that you claim is infringing or that you claim is the subject of the infringing activity and is to be removed or have access to same disabled, and information sufficient to permit the staff of TheSpotInformant.com to locate the material.
4. Information sufficient for us to contact you, such as address, telephone number and e-mail address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that any content or materials you posted, uploaded or submitted to the Site, that were subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to TheSpotInformant.com’s Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
1. Your signature (physical or electronic)
2. A description of the copyrighted work that you claim has been infringed.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
The Film Informant’s Copyright Agent can be reached as follows:
Jesse Davis
Copyright Agent – TheSpotInformant.com
1866 El Cerrito Pl
Hollywood, CA 90068
Phone: (323) 845-9655
Email: jdavis@jddesignsgroup.com
The Copyright Agent will only receive DMCA notices. Please send other notices and comments to TheSpotInformant.com Webmaster.
International Users
TheSpotInformant.com is controlled and operated within the United States. JD makes no representation that content, materials or products available on or through TheSpotInformant.com are appropriate or available for use outside of the United States. If you are accessing TheSpotInformant.com from a location outside the United States, then you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations
Spam Policy
You understand and agree that sending unsolicited email advertisements or posting unsolicited advertisements in the comments or through TheSpotInformant.com’s computer systems in any way is expressly prohibited by these terms. Any unauthorized use of TheSpotInformant.com computer systems is a violation of these Terms, as well as certain federal and state laws, including, without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Indemnity
You will indemnify and hold harmless JD, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the services available on the site, violation of these Terms of Use by you, or the infringement by you, or any third party using your account or TheSpotInformant.com User ID, of any intellectual property or other right of any person or entity.
Limitation of Liability
In no event shall JD be liable under contract, tort or strict liability, negligence or any other legal theory (i) with respect to the Site, the services available on the Site or any content available on the Site for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever or (ii) for any direct damages in excess of (in the aggregate) $100. If your state does not allow for the limitation or exclusion of incidental or consequential damages, the above may not apply to you.
User Conduct
As a condition of use of the Site, you promise not to use the Site or any services available on the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by JD. You understand that you are expected to respect the rights of others as a condition of your use of the Site.
Solely as examples, and not in any way limited to the following examples, you agree not to use the Site or services available on the Site:
1. To abuse, harass, threaten, stalk, impersonate, or intimidate other users of TheSpotInformant.com
2. To post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that is degrading, intimidating, or hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability
3. For any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
4. To post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any TheSpotInformant.com user.
5. To create or submit unwanted email or communications to any other users of TheSpotInformant.com
6. To violate any laws in your jurisdiction
7. To submit links to or comments soliciting on behalf of multi-level marketing schemes (so-called pyramid schemes), and with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means whether now known or later devised, whether similar or dissimilar to the aforementioned means, to access the Site for any purpose without our express written permission.
8. To take any action that (i) imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure, including but not limited to, throttle violations; (ii) interferes or attempts to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypasses any measures we may use to prevent or restrict access to the Site;
9. To attempt to impersonate another user or person
10. To sell or otherwise transfer your profile.
Right to Terminate
JD may terminate or suspend any and all services provided to you, as well as the termination or suspension of your TheSpotInformant.com account immediately, without prior notice or liability, if JD has a reasonable belief that you may have breached any of the terms or conditions of these Terms of Use. Upon termination of your account, your right to use the services available on the site will immediately cease. If you wish to terminate your TheSpotInformant.com account, you may simply discontinue using the Site. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
You acknowledge that JD has no control over, and no duty to take any action regarding: which users gain access to the Site or use the services available on the Site; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release JD from all liability for you having acquired or not acquired content through the Site or the services available on the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. JD makes no representations concerning any content contained in or accessed through the Site or services available on the Site, and JD will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the services available on the site.
The service of the site, content and Site are provided on an “As Is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
