Application of these Terms
Welcome to Spoiler Shield! We are located at 9121 W Sunset Blvd, Los Angeles, CA 90069, USA, email: email@example.com.
These Terms and Conditions (“Terms”) apply to your use of our website located at http://spoilershield.com (“Site”) and the Spoiler Shield digital application (“App”) and any new features or services offered through either (all known as “Spoiler Shield”).
When you sign up to use Spoiler Shield, you will be asked to confirm that you agree with these Terms so please read them carefully. Please note that we may change or update these Terms. We will post any changes (including the effective date) to our App so please revisit them every so often because we will assume that you agree with them if you continue to use Spoiler Shield.
When you access Spoiler Shield, we allow you to use our software where “software” includes the software we developed to run our App, any related documentation or data distributed to you and any future fixes, updates and upgrades, solely for you to use Spoiler Shield in accordance with these Terms.
This license is non-transferable, for your personal use and for use on computers and/or devices that you own or control and is subject to you doing / not doing all these things:
(a)complying with the rules set out in the Apple App Store Terms of Service (if this is how you downloaded or installed the Spoiler Shield app on an Apple device) and any other terms that apply to Apps or Sites you access via Spoiler Shield;
(b)not copying our software (other than a single copy for your own backup purposes);
(c)not removing, modifying or obscuring any copyright, trademark or other proprietary rights notices contained in Spoiler Shield;
(d)not reverse engineering, decompiling, or disassembling Spoiler Shield;
(e)not granting any rights in Spoiler Shield to anyone else without our prior written consent;
(f)not uploading anything to Spoiler Shield that contains any viruses, worms, malware, Trojan horses or other harmful or destructive content designed to interrupt, destroy or limit the functionality of any aspect of Spoiler Shield;
(g)not exporting or re-exporting the software in violation of US export laws;
(h)not being located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country or being listed on any US Government list of prohibited or restricted parties;
(i)not using Spoiler Shield for any commercial purpose without our prior written consent;
(j)not accessing, creating or modifying the source code of our software in any way;
(k)not using Spoiler Shield in any way that impedes the normal enjoyment of, or performance by, Spoiler Shield by another user;
(l)not using Spoiler Shield to track, monitor or analyse user behaviour in any manner;
(m)not attempting to compromise any security measures employed by Spoiler Shield or Spoiler Shield’s third party partners, including, but not limited to, tampering with such measures;
(n)complying with all other terms and warranties of these Terms and applicable laws and regulations and
(o)not taking any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.
If you don’t comply with these conditions, we may terminate your access to Spoiler Shield and take other action we deem appropriate.
User Generated Content
Spoiler Shield is set up to display content generated by users ( “User Generated Content”). We don’t review, and cannot review, all of the content accessible via Spoiler Shield, and cannot therefore be responsible for it. We don’t endorse any content uploaded, or believe such content to be accurate, useful or non-harmful. Spoiler Shield may (but hopefully won’t) display content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Each user chooses, and is responsible for, the content that is uploaded via Spoiler Shield, and your access of User Generated Content is solely at your own risk.
If you submit content to or via Spoiler Shield, you agree to the following:
(a)you will only upload content that you own or are permitted to upload having obtained the necessary license or permission to use it, as well as the right to sublicense the content to us, without limitation;
(b)you grant us a revocable, non-exclusive, royalty-free, worldwide and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the content you upload to Spoiler Shield, including the right to sub-license use of the content, in any medium or method, whether now known or hereafter devised;
(c)you will not post or distribute any content which infringes any intellectual property (“IP”) rights or any other party’s right to privacy, publicity rights or contractual rights;
(d)you agree not to assert your “moral rights” (rights of authorship and rights not to have your work treated in a derogatory manner) in any content uploaded via Spoiler Shield;
(e)you will not upload another person’s sensitive personal data without their consent;
(f)you will not upload any content which you know is false, or is defamatory, libelous, deceptive, invasive of another’s privacy, tortious, pornographic, profane, hateful or racially or ethnically objectionable, unlawful, obscene, harmful, offensive, misleading or inappropriate, or contains or depicts nudity or sexual activity; and
(g)you will not upload any spam (unsolicited advertising material), or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites.
If we become aware of any breach of these terms, we may modify, withdraw or refuse to display the relevant content at any time in our discretion and/or withdraw your right to use Spoiler Shield.
Content Provided By Us
All IP rights in Spoiler Shield are our property, or the property of our affiliates or partners. So please don't take these Terms as giving you the right to use any trademarks, images or logos of Spoiler Shield or our affiliates or partners because none can be reproduced or used without written permission.
When you access Spoiler Shield you agree not to do any of the following things (nor allow anyone else to do them) in relation to any content provided in Spoiler Shield where “content” includes any programming (or other IP) owned or distributed by us or our partners as well any digital media provided in Spoiler Shield, clips, advertisements, graphics and characters:
(a)modifying or using any content otherwise than as allowed under these Terms;
(b)using, marketing or re-distributing any content through any software application other than Spoiler Shield;
(c)downloading, re-transmitting, reproducing or storing the content on any device or media (other than for any brief periods of time necessary for streaming of any content); and/or
(d)reformatting, optimising or customising the content for display, distribution or transmission.
Access to Spoiler Shield via a third party login service is subject to your compliance with these Terms as well as any terms of the third party login service provider.
When you register with Spoiler Shield, we create a profile for you according to your preference settings. Your settings may result in your profile being public and/or your agreeing to share your TV viewing with friends and/or others, in which case, your username, shared viewing and other material you post will become visible to others.
Please only upload data that is true, accurate, complete and up-to-date. You are responsible for all activity that occurs under your Account so please keep any password confidential and access to your computer or access device secure. You must notify us of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or login details.
Third Party Sites and Apps
Spoiler Shield will enable you to access other apps and sites (e.g. Facebook, Twitter). Even though these apps and sites are accessible via Spoiler Shield, they are not owned or controlled by us. As a result, we are not responsible or liable for, and you release us from, any loss or damage incurred by you as a result of, with regard to such third party apps and sites, what you experience, the content you access, what impact that content has on you, or any dealings between you and these third parties or the failure of third party apps or sites to function properly.
Please also note that the inclusion of any link or grant of access does not in any way imply or express an affiliation, endorsement or sponsorship by Spoiler Shield of the site or app and/or its contents.
Advertising and Cookies
Spoiler Shield may deliver advertising in the form of banners, paid links, coupons, promotions, sponsorship graphics or other means to you via our App, Site or via other third-party services and websites ("Advertising"). We may use "cookies" (as outlined in our Privacy and Cookies Policy) to improve our service, to make your experience more personalized, and to make advertising more relevant to you. Our Advertising may be contextual, that is related to your location, your use of the App over time, your shared TV viewing as disclosed by your use of Spoiler Shield, or based on other information you have provided to Spoiler Shield or has been provided to us by third parties or is ascertainable from your user profile.
If you experience a problem with Spoiler Shield , please report it to us. We may occasionally restrict your access to Spoiler Shield to carry out repairs, maintenance or to introduce new functionality or services, but we will try to keep disruption to a minimum.
Notification of Copyright Infringement
Spoiler Shield will investigate notices of copyright infringement. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through Spoiler Shield, please notify us via email at firstname.lastname@example.org.
If you are a copyright holder who believes that any of the products, services or content which are directly available via Spoiler Shield are infringing copies of your work, please let us know. A notice of alleged copyright infringement should be sent to our office and. emailed to support (at) spoilershield.com. A notification of claimed copyright infringement must include the following:
(a)A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
(b)Specific identification of each copyrighted work claimed to have been infringed;
(c)A description of where the material believed to be infringed is located on Spoiler Shield (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
(d)contact information for the complaining party, such as a complete name, address, telephone number, and email address;
(e)A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f)A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Additional Terms Applicable to Users of iOS Devices
If you installed or downloaded our App via Apple, Inc.'s iTunes Store ("Apple"):
(a)you agree that these Terms are concluded between you and us only (and not with Apple), that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right to (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary;
(b)you acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to our App;
(c)you acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our App;
(d)you agree that in the event of any failure of our App to conform to any applicable warranty, you will notify Apple of such failure and Apple will refund the purchase price of the App (if any) to you and, to the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our App; and
(e)Apple will not be responsible for any third party claim that our App or your possession and use of our App infringes any third party IP rights.
WE WILL DO OUR BEST TO ENSURE SPOILER SHIELD RUNS SMOOTHLY, BUT WE CANNOT GIVE ANY GUARANTEES THAT IT ALWAYS WILL (PARTICULARLY GIVEN THAT WE RELY ON THIRD PARTIES IN PROVIDING SPOILER SHIELD TO YOU). SPOILER SHIELD IS PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OTHER AFFILIATES, LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING WITHOUT LIMITATION:
(A)WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE OR USAGE OF TRADE, AND NON-INFRINGEMENT;
(B)THAT SPOILER SHIELD WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, COMPLETE, VIRUS-FREE OR ERROR-FREE;
(C)THAT CONTENT DISPLAYED OR OBTAINED VIA SPOILER SHIELD WILL BE ACCURATE OR RELIABLE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND
(D)THAT THE RESULTS OF USING SPOILER SHIELD WILL MEET YOUR REQUIREMENTS.
IN NO EVENT WILL SPOILER SHIELD, OR ITS LICENSORS, SUPPLIERS OR AFFILIATES, BE LIABLE, TO THE EXTENT PERMITTED BY LAW, WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO SPOILER SHIELD FOR:
(A)ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES;
(B)ANY LOST PROFITS OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES;
(C)FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA;
(D)FOR BUSINESS LOSSES OR LOSSES TO NON-CONSUMERS;
(E)PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO USE OF SPOILER SHIELD;
(F)ANY LOSS OR DAMAGE ARISING FROM USER GENERATED CONTENT (AS SET OUT ABOVE) OR ANY ACTIONS OR OMISSIONS THAT YOU TAKE IN RELIANCE UPON IT;
(G)ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL; OR (H)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
YOU AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SPOILER SHIELD IS TO DISCONTINUE ANY USE OF OUR SITE AND/OR OUR APP.
IF FOR ANY REASON, YOU DO BRING A CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF SPOILER SHIELD, YOU AGREE THAT OUR LIABILITY TO YOU SHALL NOT EXCEED $50.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SPOILER SHIELD, OUR CONTRACTORS, AND OUR LICENSORS, SUPPLIERS, AND AFFILIATES, AND ALL RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF, MISUSE OF, OR ACCESS TO SPOILER SHIELD, OR ANY CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO OUT OF YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY ON SPOILER SHIELD) BREACH OF THESE TERMS OR THE TERMS OF ANY THIRD PARTY LOGIN SERVICE. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
Changes and Termination
We may change, suspend, restrict or terminate any or all features of, or your access to, Spoiler Shield at any time for whatever reason, or for no reason. We will use our best efforts to give you reasonable notice of any such changes/termination wherever possible but we will not be liable to you or to any third party for any changes, suspension, or restriction to, or termination of, Spoiler Shield.
If we have to terminate your access to Spoiler Shield as a result of you having breached these Terms or because you have brought a claim against us, you will not establish another account with us for a period of not less than 6 years from the date of termination.
You can terminate your access to Spoiler Shield at any time by closing down the App and deleting it from your computer or access device, or – in the case of our Site – logging out and navigating to another site.
The laws of the State of California, USA apply to these Terms, without regard to conflict of law rules. You agree that the courts located in Los Angeles County, CA shall have exclusive jurisdiction to settle any dispute which may arise out of these Terms.
Miscellaneous Legal Stuff
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i)satisfy any applicable law, regulation, legal process or governmental request, (ii)enforce these Terms, including investigation of potential violations hereof, (iii)detect, prevent, or otherwise address fraud, security or technical issues, (iv)respond to user support requests, or (v)protect the rights, property or safety of us, our users and the public
If you have any questions or concerns about these Terms, please email or write to us at office listed address above.