Terms of use

  1. These Terms of Use set forth the terms and conditions MehSpot, LLC, a Georgia limited Liability corporation (“MehSpot”) requires you to abide by if you want to use MehSpot’s website at http://www.mehspot.com (our “Website”) or receive any services supplied by MehSpot or download, install or use any associated application which purpose is to enable you to use the services provided by MehSpot (collectively our “Services”). These Terms of Use constitute a legal agreement between you and MehSpot. By using our Website, receiving our Services or forming an account on our Website in order to use our Services (a “Member”), you hereby expressly acknowledge and agree to be bound by these Terms of Use, and any future amendments and additions to them as published from time to time at http://www.mehspot.com. If you do not agree to be legally bound by all the following terms please do not access and/or use our Website or Services.

  2. The MehSpot Privacy Policy is an integral part of these Terms of Use and is fully incorporated into these Terms of Use. Agreeing to these Terms of Use means you also agree to our Privacy Policy found at http://www.mehspot.com.

  3. MehSpot may change these Terms of Use (including the MehSpot Privacy Policy) at any time by posting the changes on our Website, effective upon posting. You are responsible for regularly reviewing our Website for any updates or changes. Continued use of our Website or receiving our Services constitutes your consent and agreement to all changes contained in such update.

  4. By using our Website or Services, you expressly represent and warrant that you are legally entitled and have the right, authority and capacity to enter into to enter into the agreements set forth in these Terms of Use and to fulfill its complete terms and conditions. You agree that your participation in using our Website or Services is for your sole, personal use (except you may use our Website or Services as the legal guardian of a minor). You may not authorize others to use your Member status, and you may not assign or otherwise transfer your Member account to any other person or entity. You agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using our Website or Services. You represent and warrant that you are of the required legal age if you reside in a jurisdiction that restricts the use of our Website or Services because of age, or restricts the ability to enter into agreements due to age. IF YOU ARE NOT THE REQUIRED AGE YOU MUST NOT USE OUR WEBSITE OR SERVICES. Without limiting the foregoing, our Website or Services are not available to persons under the age of 18. By using our Website or Services, you represent and warrant that you are at least 18 years old.

  5. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Membership registration form, (b) maintain and promptly update your profile to keep it true, accurate, current and complete, and © otherwise only provide information on or by means of our Website or Services that is true, accurate, complete and current at that time of submission. If you provide any information on or by means of our Website or Services that is untrue, inaccurate, not current or incomplete, or if MehSpot has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MehSpot has the right to suspend or terminate your account and prohibit any and all current or future use of our Website or Services.

  6. MEHSPOT DOES NOT CONDUCT SCREENING OR BACKGROUND CHECKS OF ANY MEMBER FOR THE PURPOSES OF ALLOWING THEM TO USE OUR WEBSITE OR SERVICES. ALL INTERACTIONS BETWEEN MEMBERS ARE AT THE MEMBER’S RISK. Our Website and Services enable connections between our Members; however we have no control over and are not responsible for the performance, actions or inactions of any Member, whether identified through our Website and Services, in public, private, or offline interactions, or otherwise. You acknowledge and agree that MehSpot does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any Member, or the failure of any Member to provide the services requested or payment required therefor, or for any other aspect whatsoever of an interaction between Members, nor for the integrity, responsibility or any of the actions or omissions whatsoever of any Members.

  7. Your Membership, our Website and our Services are provided “AS-IS” and “AS AVAILABLE”. We make no promise as to our Website, its completeness, accuracy, availability, timeliness, propriety, security or reliability. NEITHER MEHSPOT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER, OR USER OF OUR WEBSITE OR SERVICES. MEHSPOT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR SERVICES. BY USING OUR WEBSITE OR SERVICES YOU THEREBY RELEASE MEHSPOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR WEBSITE OR SERVICES OR THE CONDUCT OR MISCONDUCT OF A MEMBER OR USER.

  8. You must provide and are responsible for all equipment necessary to access our Website. You may only access our Website via specifically authorized means. It is your responsibility to check to ensure you download the correct applications for your mobile, tablet computer or similar device. MehSpot is not liable if you do not have a compatible device or if you have downloaded the wrong version of the applications for your device. We reserve the right to terminate your use of our Website or Services if you do so with an incompatible or unauthorized device. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party our Website or Services in any way; (ii) modify or make derivative works based upon our Website or Services; (iii) create Internet “links” to our Website or Services or “frame” or “mirror” any applications on any other server or wireless or Internet-based device; (iv) reverse engineer or access our server to copy any ideas, features, functions or graphics of our Website or Services whether to build competitive products or services using similar ideas, features, functions or graphics of our Website or Services, or otherwise; (v) launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of our Website or Services (or the data contained therein) in any way or for any Member, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our server; (vi) attempt to gain unauthorized access to our server, our Website or Services or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of our Website or Services; or (vii) use our Website or Services to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third party privacy rights or send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.

  9. MehSpot owns all intellectual property rights in and to our Website and Services absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in our Website or Services are the property of their respective owners. Your use of our Website or Services gives you no right therein.

  10. Subject to your compliance with these Terms of Use, MehSpot grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content that MehSpot makes available through our Website or Services, including any content licensed from a third party (“MehSpot Content“), but excluding any Member Content (as defined below); and (ii) to view any Member Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense these license rights granted by MehSpot above.

  11. MehSpot Content may be used solely for your personal and non-commercial purposes. You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website or Services, except as expressly permitted in the Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MehSpot, Inc. or its licensors, except for the licenses and rights expressly granted in the Terms of Use.

  12. You understand and agree that MehSpot makes the information/content you provide for your profile publicly accessible on our Website, including (without limitation) your photos, location, age, gender, profile multiple choice answers and essay answers, and other content that you post, upload, publish, submit or transmit to be made available through our Website or Services, including any questions, comments, suggestions, ideas, feedback or other information about our Website or Services (“Member Content”). By making available or posting any Member Content on or through our Website or Services, you hereby grant to MehSpot a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit your Member Content. MehSpot shall be entitled to the unrestricted use of all Member Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. MehSpot claims no ownership rights in any Member Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit your own Member Content. You agree not to hold MehSpot accountable or liable for theft, unauthorized re-publication, or any other abuse of your Member Content by third parties (including by other Members).

  13. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify MehSpot of any unauthorized use of your password or account or any other breach of security, and ensure that you properly exit from your account at the end of each session. MehSpot is not liable for any loss or damage arising from your failure to comply with this section.

  14. MehSpot provides you with access to (among others) resources, Member profiles, content created by third parties and tools to communicate with other Members. While MehSpot strives to keep our Website and Services clean and safe, you understand that all materials provided on or through our Website or Services, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom it originated. MehSpot cannot guarantee the accuracy, integrity or quality of any Member initiated content. Under no circumstances will MehSpot be liable in any way for any Member Content, including without limitation, any errors or omissions in any content, any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available via our Website or Services, or content that you may consider offensive, indecent or objectionable.

  15. MehSpot respects copyright law and the intellectual property of others and expects its Members to do the same. We will terminate Members or other account holders who repeatedly infringe or are reasonably believed to be repeatedly infringing the rights of copyright holders. If you believe, in good faith, that any materials on our Website infringe upon your copyrights, please send the following information to our Copyright Agent at info@mehspot.com:
    a. A description of the copyrighted work that you claim has been infringed, including sufficient information to locate the specific place on our Website where the material is located. Please include sufficient information to locate the material and explain why you think an infringement has taken place;
    b. A complete description of the location where the original or an authorized copy of the copyrighted work exists; i.e. an Internet address where the work is posted or the name of the book in which it was published;
    c. Your address, telephone number, and e-mail address;
    d. A signed statement by you that, in good faith, you believe that the disputed use is not authorized by the copyright owner, its agent, or law;
    e. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
    f. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

  16. You acknowledge that MehSpot has the right (but not the obligation) to pre-screen, refuse, or remove any content that is available via our Website or Services in our sole discretion. Without limiting the foregoing, MehSpot has the right to remove any content that violates these Terms of Use or that MehSpot finds otherwise objectionable, in its sole discretion. You agree to contact MehSpot staff as soon as possible when you discover content on our Website or through our Services violating these Terms of Use, or if you have reason to believe another Member is violating these terms.

  17. You agree to not use our Website or our Services to: (a) upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; © impersonate any person or entity, including, but not limited to, a MehSpot staff member, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) use anonymous proxy servers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through or posted on our Website or through our Services; (e) upload, post, e-mail, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, trade secrets, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, copyright or other proprietary rights of any party; (g) upload, post, e-mail, transmit or otherwise make available any advertising, promotional materials, “junk mail”, “spam”, “multi level marketing” or any other form of solicitation, neither commercial nor non-commercial (churches, ministries, charities, etc.); (h) make any (direct or indirect) request to other Members for money and/or goods (unless part of the connection); (i) upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (j) disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other Members’ ability to engage in real time exchanges, for example, causing a screen to “scroll” faster than other Members of our Website or Services are able to type; (k) interfere with, corrupt or disrupt the normal workings of (the network and servers related to) our Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Website or Services, including, but not limited to “hacking”, “flooding”, or any form of “url injection”; intentionally or unintentionally violate any applicable local, state, national or international law; (l) “stalk” or otherwise harass other Members; or (m) collect or store personal data about other Members in connection with the prohibited conduct and activities set forth in above.

  18. MehSpot is not responsible and has no liability for its Members providing or requesting personal contact information (including, but not limited to, phone numbers, e-mail addresses, Skype member names, Facebook details, and Yahoo IM member names) of other Members and highly recommends that its Members do not exchange such personal contact information or otherwise post or publish personal contact information (including, but not limited to, phone numbers, e-mail addresses, Skype member names, Facebook details, and Yahoo IM member names) on public areas of our Website (including, but not limited to, chat room, forum, and profile essays).

  19. ALL MEHSPOT ACTIONS TAKEN WITH RESPECT TO THE SUSPENSION, DEACTIVATION AND/OR TERMINATION OF YOUR ACCOUNT MAY BE TAKEN IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU OR ANY THIRD PARTY. You agree that MehSpot may, without prior notice, immediately suspend, deactivate and/or terminate your MehSpot Membership and access to our Website and Services. You can lose your Member name and persona as a result of account termination or limitations, as well as any benefits, privileges, earned items and purchased items associated with your use of our Website or Services and we under no obligation to compensate you for any such losses or results. MehSpot may immediately suspend, deactivate and/or terminate your MehSpot account and access to our Website and Services for such reasons, including but not limited to, as: (a) breaches or violations of these Terms of Use; (b) requirements by law or court order of competent jurisdiction; © a request by you (self-initiated account deletions); (d) discontinuance or material modification to our Website or Services (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) suspected engagement by you in fraudulent or illegal activities or improper use of our Website or Services or acting inconsistently with the letter and sprit of these Terms of Use; and/or (h) nonpayment of any fees owed by you in connection with MehSpot or our Services. You agree that all suspensions, deactivations and/or terminations for cause shall be made in MehSpot’s sole discretion and that MehSpot shall not be liable to you or any third party for any suspensions, deactivations and/or terminations of your Membership account or access to our Website or Services. MehSpot may reactivate any Member account suspended or deactivated by MehSpot in its sole discretion.

  20. You agree that, after your resignation from MehSpot or termination of your account by MehSpot staff, data will remain stored on MehSpot servers for the period as described in our Privacy Policy. However, your profile will not be accessible for other Members or Website visitors, nor will MehSpot send you any self-initiated communications, except for any bulletins/notifications regarding security and safety issues that MehSpot finds of personal importance to you.

  21. During use of our Website or Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through our Website or Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. MehSpot and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. MehSpot does not endorse any sites on the Internet that are linked through our Website or Services, and in no event shall MehSpot or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. MehSpot provides our Website or Services to you provided that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services. MehSpot has no responsibility or liability arising from any agreements between you and such third party providers and you agree that MehSpot shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party service providers on our Website. You acknowledge that MehSpot is pre-screening advertisements with limited options, on a ‘reasonable effort’ basis. You agree not to hold MehSpot liable for any damages in result of being exposed to advertisements on our Website that you consider offensive or indecent.

  22. MehSpot may rely on third party advertising and marketing supplied through our Website or Services and other mechanisms to subsidize our Website or Services. By agreeing to these Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. We reserve the right to charge you a higher fee for our Website or Services should you chooses not to receive these advertising services, if offered. This higher fee, if applicable, will be posted on our Website located at http://www.mehspot.com.

  23. You understand and agree that MehSpot Membership may include certain communications from MehSpot, such as service announcements, administrative messages and e-mail newsletters, and that you may not be able to opt out to all communication unless you terminate your Membership.

  24. All payments made to MehSpot are final and non reimbursable. You understand and agree that MehSpot will not reimburse or refund (part) of your payment, even if your account is (being) terminated by you or by MehSpot. Moreover, you understand and agree MehSpot will not reimburse or refund (part) of your payment if MehSpot fails to live up to your expectations or experiences a decline in Member accounts and/or activity.

  25. MehSpot reserves the right to stop offering and/or supporting our Website or Services or any portion or part thereof, at any time, at which point your license to use our Website, Service, or part thereof, will be automatically terminated. In such event, MehSpot shall not be required to provide refunds, benefits or other compensation to Members in connection with such discontinued Website or Services.

  26. No joint venture, partnership, employment, or agency relationship exists between you, any other Member, MehSpot or any third party provider as a result of your Membership or use of our Website or Services. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of MehSpot to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MehSpot in writing. These Terms of Use, including all terms, conditions, policies and agreements referenced herein, comprise the entire agreement between our Members and MehSpot and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.