Terms of Use

house DoubleSpot Legal Team Oct 24, 2024

DoubleSpot General Terms of Service

Welcome to DoubleSpot, a venue management and discovery platform that connects venue operators and event organizers. These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Platform"). Please read these Terms carefully before using the Platform. By accessing or using the Platform, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms and our Privacy Policy, you may not access or use the Platform.

Eligibility

You must be at least 18 years old to access or use the Platform. By accessing or using the Platform, you represent and warrant that you are 18 years or older and that you have the right, authority, and capacity to enter into these Terms.

Accounts

To access or use some features of the Platform, you may need to create an account. You are responsible for maintaining the security of your account and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may not use another user's account without their permission. You may not create more than one account per email address. You may not create an account if we have previously terminated your account or banned you from the Platform.

Content

The Platform allows you to create, upload, post, send, receive, and store content, such as text, photos, videos, reviews, ratings, messages, and other materials ("Content"). You retain all rights in and to your Content, subject to the licenses granted by you in these Terms.

By creating, uploading, posting, sending, receiving, or storing Content through the Platform, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Content in connection with the Platform and our business.

You also grant us a worldwide, non-exclusive, royalty-free license to use your name, likeness, voice, and identity in connection with your Content. You waive any rights of publicity or privacy that you may have in your Content.

You are solely responsible for your Content and for the consequences of creating, uploading, posting, sending, receiving or storing it. You represent and warrant that:

  • You own or have the necessary rights and permissions to use and share your Content on the Platform;

  • Your Content does not infringe or violate any third-party rights, including intellectual property rights, privacy rights, publicity rights or contractual rights;

  • Your Content does not contain any unlawful,harmful, abusive, defamatory,

obscene, harassing, threatening, racist, sexist, hateful, or otherwise objectionable material;

  • Your Content does not contain any viruses, malware, or other harmful code or content that may interfere with the operation of the Platform or harm any user;

  • Your Content complies with all applicable laws and regulations.

We do not endorse or guarantee the accuracy, quality, or integrity of any Content posted by you or other users on the Platform. You understand that by using the Platform, you may be exposed to Content that is offensive, inappropriate, or inaccurate. You agree that we are not liable for any Content posted by you or other users on the Platform.

We reserve the right to review, remove, edit, block, or disable access to any Content at any time and for any reason in our sole discretion. We may also terminate or suspend your account if you violate these Terms or create liability for us or others.

Booking Services

The Platform enables venue operators to list their venues for rent and event organizers to book venues for their events. We are not a party to any agreements entered into between venue operators and event organizers. We are not a real estate broker, agent, or insurer. We have no control over the conduct of venue operators, event organizers, or any other users of the Platform. We disclaim all liability arising from or related to any such agreements.

If you are a venue operator,

  • You are solely responsible for creating, updating, and maintaining your venue listings on the Platform. You must provide accurate, complete, and up-to-date information about your venue, including its availability, capacity, layout, equipment, pricing, and any other relevant details. You must comply with all applicable laws and regulations regarding your venue and its operation.

  • You are solely responsible for setting the terms and conditions of your venue rental agreement with event organizers. You must clearly communicate your cancellation policy, deposit policy, damage policy, and any other rules or requirements that apply to your venue rental. You must honor all bookings made through the Platform unless there is a valid reason for cancellation.

  • You are solely responsible for collecting and remitting any taxes that apply to your venue rental income. We are not responsible for determining your tax obligations or collecting or remitting any taxes on your behalf.

  • You are solely responsible for ensuring the safety and security of your venue and its guests. You must maintain adequate insurance coverage for your venue and its operation. You must comply with all health and safety standards and regulations that apply to your venue. You must promptly address any issues or complaints raised by event organizers or their guests.

If you are an event organizer,

  • You are solely responsible for choosing a venue that meets your needs and expectations. You must review the venue listing carefully and communicate with the venue operator before booking a venue. You must comply with the terms and conditions of the venue rental agreement set by the venue operator, including their cancellation policy, deposit policy, damage policy, and any other rules or requirements that apply to the venue rental.

  • You are solely responsible for paying the fees and charges associated with your booking, including the venue rental fee, any service fees, taxes, or other costs that may apply. You must provide valid payment information and authorize us to charge your payment method for the total amount due at the time of booking or as otherwise agreed with the venue operator. You must pay any additional fees or charges that may arise from changes, cancellations, damages, or disputes related to your booking.

  • You are solely responsible for ensuring the safety and security of yourself and your guests at the venue. You must respect the property and privacy of the venue operator and their neighbors. You must comply with all applicable laws and regulations regarding your event and its conduct. You must promptly address any issues or complaints raised by the venue operator or their neighbors.

Fees and Payments

We may charge fees to venue operators (“Venue Fees”) and/or event organizers (“Service Fees”) for the use of our Platform. Venue Fees are deducted from the venue rental fee before remitting the balance to the venue operator. Service Fees are added to the venue rental fee and paid by the event organizer. The amount of Venue Fees and Service Fees will be displayed to both venue operators and event organizers before confirming a booking.

We may also offer subscription plans to venue operators that provide access to additional features and benefits on our Platform. Subscription fees are charged to venues on a recurring basis, such as monthly or annually, depending on the plan selected. The amount and frequency of subscription fees will be displayed to venue operators before subscribing to a plan.

We use third-party payment processors to facilitate payments on our Platform. By providing your payment information, you agree to be bound by the terms and conditions and privacy policies of the payment processors. We are not responsible for any errors, delays, or failures in processing payments.

We reserve the right to change our fees and subscription plans at any time without notice. A venue's continued use of our Platform after such changes constitutes acceptance of the new fees and subscription plans. If a venue does not agree to the new fees or subscription plans, it must stop accessing or using the Platform or cancel its subscription.

Cancellations and Refunds

Cancellations and refunds are subject to the terms and conditions of the venue rental agreement between the venue operator and the event organizer. We do not have any control over or liability for such terms and conditions. We will process any refunds in accordance with our payment processor's policies and procedures.

Disputes

If you have a dispute with another user of our Platform, you agree to contact them directly and try to resolve it amicably. If you are unable to do so, you may contact us at support@doublespot.com and we will try to help you as a courtesy, but we are not obligated to do so. We are not responsible for resolving any disputes between users of our Platform.

Modification of Services

We retain the right to alter, limit access to, or terminate the provision of the Services (or any part thereof), either temporarily or permanently, with or without prior notification to you. We are under no obligation to provide support or updates to the Services. Unless explicitly stated otherwise, any fresh attributes that enhance or enrich the existing Services will be governed by these Terms.

Any modifications to these Terms will take effect immediately upon being posted. It is important to review the Terms each time you utilize the Services, as your continued use of the Services subsequent to such revisions will indicate your acceptance of and compliance with these alterations. Furthermore, you relinquish any entitlement you may possess to receive specific notifications regarding such changes.

Termination

We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent future access to and use of the Services.

Prohibited Activities

You agree not to engage in any of the following prohibited activities on our Platform:

  • Violating these Terms or any applicable laws or regulations;

  • Infringing or violating the rights of others, including intellectual property rights, privacy rights, publicity rights, or contractual rights;

  • Creating, uploading, posting, sending, receiving, or storing any Content that is unlawful, harmful, abusive, defamatory, obscene, harassing, threatening, racist, sexist, hateful, or otherwise objectionable;

  • Creating, uploading, posting, sending, receiving, or storing any Content that contains viruses, malware, or other harmful code or content;

  • Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;

  • Creating multiple accounts or using another user's account without their permission;

  • Harvesting or collecting information about other users without their consent;

  • Sending unsolicited messages, spam, or other forms of commercial solicitation;

  • Interfering with or disrupting the operation of the Platform or its servers or networks;

  • Attempting to gain unauthorized access to the Platform or its servers or networks;

  • Modifying, adapting, translating, reverse engineering, decompiling, disassembling, or otherwise creating derivative works of the Platform or its content;

  • Using any automated means, such as bots, scripts, or spiders, to access or use the Platform or its content;

  • Framing, mirroring, or linking to any part of the Platform or its content without our prior written consent;

  • Violating the rights or interests of us or any other user of the Platform.

We reserve the right to investigate and prosecute any violations of these Terms to the fullest extent of the law. We may also terminate or suspend your access to or use of the Platform at any time and for any reason in our sole discretion.

RELEASE

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE DOUBLESPOT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES AND SUPPLIERS FROM ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, YOUR USE OF, OR TRANSACTIONS WITH, DOUBLESPOT OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, DOUBLESPOT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE SERVICES AND YOUR USE OF OR TRANSACTIONS WITH DOUBLESPOT OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON- INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. DOUBLESPOT DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DOUBLESPOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE SERVICES AND YOUR USE OF, OR TRANSACTIONS WITH DOUBLESPOT OR OTHER THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOUBLESPOT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT WILL THE COLLECTIVE LIABLITY OF DOUBLESPOT, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, AND YOUR USE OF, OR TRANSACTIONS WITH, DOUBLESPOT, OR OTHER THIRD PARTIES EXCEED THE AMOUNT YOU HAVE PAID TO DOUBLESPOT FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD OR TEN DOLLARS, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DOUBLESPOT, AS APPLICABLE.

CLASS ACTION WAIVER

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

BINDING ARBITRATION

ANY CLAIM OR DISPUTE BETWEEN YOU AND US SHALL BE DECIDED BY BINDING ARBITRATION RATHER THAN IN COURT. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES. YOU AGREE TO THE EXCLUSIVE JURISDICTION OF COURTS IN ILLINOIS FOR ENFORCEMENT OF ANY ARBITRATION DECISION.

Indemnification

You agree to indemnify, defend, and hold harmless DoubleSpot, its affiliates, and their respective officers, directors, employees, agents, shareholders, licensors, licensees, and suppliers from and against any claims, disputes, losses, obligations, demands, liabilities, expenses, damages, costs, and attorneys' fees due to or arising out of (1) your access to or use of the Services, (2) your use of, or transactions with, DoubleSpot, venue operators, event organizers, or other third parties, or (3) your violation of any of these Terms.

DoubleSpot reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DoubleSpot in asserting any available defenses.

Governing Law

These Terms are governed by the laws of the State of Illinois, U.S.A., without giving effect to any conflict of laws principles.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Cook County, Illinois and you consent to personal jurisdiction and venue in those courts. Neither party will be liable for any delays arising from circumstances beyond its reasonable control.

Intellectual Property

The Platform and all content on the Platform, including but not limited to text, graphics, logos, images, source code, software, and the selection and arrangement thereof ("Platform Content") is the property of DoubleSpot and its licensors, and is protected by copyright, trademark, patent, trade secret, international treaties, and other proprietary rights and laws.

All Platform Content belongs to DoubleSpot. By creating, uploading, posting, sending, receiving, or storing Content on the Platform, you grant DoubleSpot a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Content.

Trademarks

The DoubleSpot name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks and/or trade dress of DoubleSpot. You must not use any DoubleSpot trademarks or trade dress without the prior written permission of DoubleSpot. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

Copyright Infringement Claims

DoubleSpot respects the intellectual property rights of others. If you believe your copyrighted work has been reproduced or distributed in a way that constitutes copyright infringement, please notify our Copyright Agent providing the written information specified below.

To be effective, your notice must include the following:

(i) electronic or physical signature of the copyright owner or someone authorized to act on behalf of the owner;

(ii) identification of the copyrighted work claimed to be infringed;

(iii) identification and URL for the material that is claimed to be infringing or to be the subject of infringing activity;

(iv) your name, address, telephone number, and email address;

(v) a statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement 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.

DoubleSpot's Copyright Agent for notice of claims of copyright infringement can be reached as follows:

support@doublespot.com

FTC Disclosures

DoubleSpot is not compensated for reviews or endorsements. References and links to products or services do not constitute an endorsement or recommendation of those products or services by DoubleSpot. Any references to third party products, services, companies, or individuals is not an indication that DoubleSpot has relationships with, sponsors, or endorses any such third parties or their products, services, or business practices.

DoubleSpot does not recommend or endorse any specific providers of products or services that may be mentioned on the Platform. The views and opinions expressed by other users are solely those of such users and do not reflect the opinions or policies of DoubleSpot.

Attorney Fees

If DoubleSpot takes legal action against you as a result of your violation of these Terms, DoubleSpot will be entitled to recover from you, and you agree to pay all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to DoubleSpot.

Reservation of Rights.

We specifically reserve all rights that we do not expressly grant in these Terms. Nothing on the Site or in these Terms grants any right or license to use any property of any third party.

Miscellaneous

These Terms constitute the entire agreement between you and us regarding your access to and use of the Platform. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us. These Terms do not confer any rights or remedies on any third parties. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision will be modified to the extent necessary to make it enforceable and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Our rights and remedies under these Terms are cumulative and not exclusive. We may assign or transfer our rights and obligations under these Terms without your consent. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

Contact Us

If you have any questions, please contact us at support@doublespot.com.

DoubleSpot AI End User Terms of Use

Thank you for using DoubleSpot AI!

These Terms of Use apply to your use of DoubleSpot’s services for individuals, along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you and DoubleSpot Inc., a Delaware company. By using our Services, you agree to these Terms.e

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

Access

Minimum age. You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services.

Using our Services

What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as documentation, guidelines, or policies we make available to you.

What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

  • Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
  • Modify, copy, lease, sell or distribute any of our Services.
  • Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
  • Automatically or programmatically extract data or Output (defined below).
  • Represent that Output was human-generated when it was not.
  • Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
  • Use Output to develop models that compete with DoubleSpot.

Third party Services. Our services may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.

Feedback. We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

Content

Your content. You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

Ownership of content. As between you and DoubleSpot, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.

Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third Party Output.

Our use of content. We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.

Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts.

When you use our Services you understand and agree:

  • Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
  • You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
  • You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
  • Our Services may provide incomplete, incorrect, or offensive Output that does not represent DoubleSpot’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with DoubleSpot.

Our IP rights

We and our affiliates own all rights, title, and interest in and to the Services.

Disclaimer of warranties

OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

DOUBLESPOT’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

Indemnity

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

Dispute resolution

YOU AND DOUBLESPOT AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

MANDATORY ARBITRATION. You and DoubleSpot agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration by contacting support@doublespot.com.

Informal dispute resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice at support@doublespot.com. We will do so by sending you notice to the email address you sent your notice from. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

Arbitration forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here). DoubleSpot will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

Arbitration procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Riverside, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

CLASS AND JURY TRIAL WAIVERS. You and DoubleSpot agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and DoubleSpot knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and DoubleSpot agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

Copyright complaints

If you believe that your intellectual property rights have been infringed, please send notice to support@doublespot.com. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that you claim has been infringed upon
  • A description of where the allegedly infringing material is located on our site so we can find it
  • Your address, telephone number, and e-mail address
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  • A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf

General Terms

Assignment. You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Changes to these Terms or our Services. We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time. For example, we may make changes to these Terms or the Services due to:

  • Changes to the law or regulatory requirements.
  • Security or safety reasons.
  • Circumstances beyond our reasonable control.
  • Changes we make in the usual course of developing our Services.
  • To adapt to new technologies.

We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.

Delay in enforcing these Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade controls. You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

Entire agreement. These Terms contain the entire agreement between you and DoubleSpot regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and DoubleSpot.

Governing law. California law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Riverside, California.