We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of March 1st, 2021.
Description of Service
The Spot provides some tools and a community to any creatives who wish to improve their craft, or get started with graphic design, digital arts or other creative fields.
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
User Submissions, Copyright & Licenses
Some of the Services (i.e. profiles and feedback pages) allow you to upload, submit, store, send or receive content (including but not limited to written text and uploaded files such as images and videos on your profile, feedback pages or other public or private pages or sections of the website). You retain ownership of any Intellectual Property that you hold in that content. This content is sometimes referred to in these Terms of Service as ‘’User Submissions’’.
Whether or not any User Submission is published, it will be subject to these Terms of Service. The Spot does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize The Spot to use the User Submissions in the manner contemplated by the Service and these Terms of Service.
You hereby grant to The Spot a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to The Spot by all means and in any media now known or hereafter developed. You also grant to The Spot the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against The Spot for any alleged or actual infringement or misappropriation of any proprietary right in your communications to The Spot.
We neither endorse nor assume any liability for the contents of any User Submission. We retain the right to, at our sole discretion, remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s.
The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.
The Spot will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide The Spot notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of [email protected] that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
- You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Service.
- You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
- You are responsible for maintaining the security of your account. We view any actions taken by your account as taken by you. The Spot will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for keeping your contact information up-to-date. We use this information to send you notifications, subscription renewal emails, receipts, etc.
The Spot+ Membership
You may upgrade to “The Spot+” by subscribing to pay monthly or annual membership fees for access to “The Spot+” features and additional services. Please read The Spot+ for more information.
The membership fee will be billed at the beginning of the paying portion of your membership and each month or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month one day prior to when the first payment was made. For example, if the first payment was made on March 3rd, you will be billed on the 2nd of each month after that. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Premium Membership or became a paying member on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed that date.
Please read our Refund Policy.
You may cancel your The Spot+ Membership at any time for any or no reason. To cancel your recurring subscription, please visit your payment settings within your The Spot account profile located here. If you have canceled your The Spot+ Membership, you will lose access to all The Spot+ features at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid and you will have access to The Spot+ features again.
We reserve the right to adjust pricing for our service, or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes to your service will take effect following email notice to you.
The Spot Rights
The Spot reserves these rights:
- We can make changes to the The Spot Site and Services without notice or liability.
- We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason.
- We have the right to remove any posted content or comment at any time and for any reason.
- The Spot is not liable for any damages as a result of any of these actions.
Disclaimer & limitations of liability
SERVICES AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE THE SPOT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE SPOT, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SERVICES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SERVICES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE SPOT OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE SPOT OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SERVICES OR ANY OTHER THIRD PARTIES.
Services may contain links to third-party websites or services that are not owned or controlled by The Spot. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that The Spot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By using the Services, you acknowledge and agree to our disclaimer of any such liability.
You may also write to us at:5537 rue hériot, Sherbrooke, QC, J1N 2J3, Canada