Last updated: August 8th, 2016
Welcome to the QuantumSponsor™ website and service (collectively, the “Service”).
The Service is a copyrighted work belonging to The SpyBox Corporation (“Company”, “us”, “our”, and “we”). Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. Neither the Service nor the Company is affiliated with, or has any relationship with, Instagram, LLC, or its affiliates.
These terms require the use of arbitration (Section 11.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Account Creation. In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. There are two types of account, Posting Users and Sponsors, as set forth in Section 3, below, and these provisions apply equally to each type of account. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service. Company may suspend or terminate your Account in accordance with Section 9.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Users Under 18 Years Old. We do not permit use of the Service by users under 18 years old (“Children” and each a “Child”). By using the Service, or registering for an Account, you warrant to us that you are at least 18 years old.
Access to the Service
License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal use.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Service.
Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
Platform. The Service is a platform for facilitating sponsored content transactions between users of the Service. There are two types of user: (a) users who solicit and pay for sponsored content (“Sponsors”) and (b) users who post sponsored content to their third party social media account (currently, Instagram) and are paid for doing so (“Posting User”). Use of the platform will vary between Sponsors and Posting Users.
Promoting Sponsored Content.
Registration and Verification. When you visit the Service, you will be asked to input your Instagram user name (“Handle”). If you choose to input your Handle, the Service will, by searching the publicly available portions of the Instagram site to generate and display a Quantum Score™ for your Handle. This score is based on a number of factors and is generated automatically. If your Instagram account is not publicly available, the Service will not be able to generate an accurate Quantum Score™. If you choose to sign up for an Posting User Account, you will be asked to verify your Handle and prompted for your telephone number. In order to verify your Handle, the Service will send you a text message containing a photo (“Verification Post”) and ask you to post the Verification Post to your Instagram account. By signing up for an Posting User Account, you consent to receipt of this verification message. To verify your Handle, you must post the Verification Post to Instagram using your Handle and click “verify” on the Service. The Service will then check to see that the Verification Post has been posted, and prompt you to continue the account creation process using your phone number and email address. If you do not verify your Handle, you will be ineligible for any Offers. At no point in the verification process does the Service log in to or submit API calls on behalf of your Instagram account.
Claiming and Verifying Redemption of an Offer. After completing the registration and verification process, you can log in to your Account. The Service will display various sponsored content offers available to you (“Offers”), and the amount you will be paid upon successfully claiming and verifying redemption of the Offer (the “Promoter Fee”). To claim an Offer, select the Offer on the Service. The Service will then send you an image and a caption (“Offer Content”) via text message to the telephone number you provided during account creation. By claiming an Offer, you consent to receive this text message. You must then post the Offer Content to Instagram using your Handle. The Service will then verify that the Offer Content has been posted (the “Initial Verification”). After seven days, the Service will again verify that the Offer Content is posted and has not been removed, made private or otherwise made unavailable publicly (the “Final Verification”). YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR POST CONTAINING OFFER CONTENT COMPLIES WITH ANY FEDERAL TRADE COMMISSION REGULATION OR OTHER LAW OR REGULATION REGARDING THE USE OR PROMOTION OF SPONSORED CONTENT. WE ARE NOT RESPONSIBLE FOR ANY FINE OR SANCTION PLACED UPON YOU AS A RESULT OF YOUR VIOLATION OF SUCH LAWS OR REGULATIONS.
Payment and Collection. Each Offer will clearly specify the Promoter Fee. Upon completing the Initial Verification, you will receive credits for the Promoter Fee, but those credits will remain pending and unavailable until completion of the Final Verification. After a successful Final Verification, the Promoter Fee will be made available to you. If the Offered Content is not publicly available during each verification, no fee will be credited. You can request to redeem available Promoter Fee amounts at any time, provided, however, that the Service requires a minimum payment of $10.00. If your total Promoter Fees credited and available are less than $10.00, you will be unable to redeem such amounts. However, if you wish to terminate your Account, which you can do at any time, you may redeem any amount credited and available. All redemptions are facilitated by our third party payment processor (see section 3.5) using the email address provided during Account creation. Redemptions may take up to 24 hours or more to process.
Sponsoring Content. When you register for an Account as a Sponsor, you will be prompted to provide an email address as your unique identifier. The Service will allow Sponsors to create “Campaigns” which the Service processes to generate Offers to specific Posting Users. To create a Campaign, upload the Offer Content, including the image and caption exactly how you want it to appear when the Posting User posts it. You can select criteria for an Offer, including different demographic, content and Handle filters, category, and a price per post (“Campaign Criteria”). Only Posting Users that fit the Campaign Criteria will be able to claim the Campaign’s Offer. The Service will prompt you to set a budget for your Campaign (the “Budget”). You are responsible for setting the Budget, and the Service will continue to generate Offers that fit your Campaign Criteria until the Budget is exhausted. The Service will prompt you to input your credit card information to fund the Campaign to the Budget amount. This transaction will be facilitated by our third party payment processor (see Section 3.5). Once you submit this information, the Campaign will begin. You cannot edit a Campaign while there are Offers that have been accepted but have not completed the Final Verification. You can always increase your Budget by adding funds through the prompts on the Service. To delete a campaign and receive a refund for any remaining Budget amounts (that are not attributed to Offers that have been accepted but have not completed the Final Verification), you must contact customer service at (888) 991-3837. You can track certain Campaign metrics, including aggregated “like” and “comment” statistics, as well as which Posting Users have posted your Offer Content, through the Service. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR OFFER CONTENT COMPLIES WITH ANY FEDERAL TRADE COMMISSION REGULATION OR OTHER LAW OR REGULATION REGARDING THE USE OR PROMOTION OF SPONSORED CONTENT. WE ARE NOT RESPONSIBLE FOR ANY FINE OR SANCTION PLACED UPON YOU AS A RESULT OF YOUR VIOLATION OF SUCH LAWS OR REGULATIONS.
Our Fees. The fees we charge for using aspects of the Service will be disclosed prior to your entering into the transaction. We may change our fees from time to time by posting the changes prior to any transaction affected by the change.
Payment Processor. We use the services of a third party payment processor, currently PayPal. By entering into any transaction on the Service, you authorize the third party payment processor to process transactions as described in these Terms and any applicable transaction documentation. We are not responsible for any error by the Payment Processor. For more information about our payment processor, please contact us using the information below.
User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Service (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Service. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that contains video, photographs, audio, or images of another person without his or her permission (or in the case of a minor, the parent or guardian of that individual); (v) that promotes or encourages exploitation, or provides material that exploits any person in a sexual, violent or illegal manner, or solicits personal information from anyone under the age of 18; (vi) that impersonates, “spoofs” or otherwise misrepresents affiliation, connection or association with, any person, entity or another person or entity’s contact information, (vii) that identifies a product using a trademark or other brand identifier that is not an authentic product of the owner or licensee of that trademark or brand identifier, or (viii) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.
Feedback. If you provide Company with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
Indemnification. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations including but not limited to Federal Trade Commission regulation or other law or regulation regarding the use or promotion of sponsored content, (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Other Users. YOUR INTERACTIONS WITH OTHER SERVICE USERS ARE SOLELY BETWEEN YOU AND SUCH USERS. YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. WE DO NOT CONDUCT CRIMINAL OR FINANCIAL BACKGROUND CHECKS OR OTHER SCREENINGS ON OUR USERS. EXCEPT AS SET FORTH IN THESE TERMS, WE DO NOT TAKE ANY ACTION TO VERIFY THE INFORMATION PROVIDED BY USERS OF THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS ANY STATEMENT MADE OR CONTENT PROVIDED BY ANY CURRENT OR FUTURE USER OF THE SERVICE. EACH SERVICE USER IS SOLELY RESPONSIBLE FOR ANY AND ALL OF ITS OWN USER CONTENT AND ANY STATEMENTS MADE BY SUCH USER. BECAUSE WE DO NOT CONTROL USER CONTENT, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY USER CONTENT OR ANY STATEMENT MADE BY ANY USER OF THE SITE, WHETHER BY YOU OR BY OTHERS. WE MAKE NO GUARANTEES REGARDING THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF ANY USER CONTENT OR ANY STATEMENT MADE OR INFORMATION PROVIDED BY ANY USER OF THE SITE.
Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND RESULTING IN YOUR SUSPENSION OR BAN FROM ANY THIRD PARTY SERVICE FOR ANY REASON.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
IN NO EVENT WILL THE COMPANY BE RESPONSIBLE FOR ANY FINE OR SANCTION PLACED UPON YOU AS A RESULT OF YOUR VIOLATION OF ANY FEDERAL TRADE COMMISSION REGULATION OR OTHER LAW OR REGULATION REGARDING THE USE OR PROMOTION OF SPONSORED CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 5 through 11.
Company respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Company is:
Designated Agent: Brandon J. Huffman
Address of Agent: The SpyBox Corporation, Attn: DMCA
3110 Edwards Mill Road, Suite 300
Raleigh, North Carolina 27612
Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: The SpyBox Corporation, Attn: Legal, 9911 Rose Commons Drive Suite EE-629 Huntersville, NC 28078.
. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. The parties shall agree on an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Time Limit. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim).
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Mecklenburg County, North Carolina, for such purpose
Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
Disclosures. Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright © 2016 SpyBox Corporation All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Terms of Service Inquiries
The SpyBox Corporation
9911 Rose Commons Drive
Huntersville, NC 28078
Telephone: (888) 991-3837
Last Updated: 08/07/2016
WHAT WE COLLECT
We get information about you in a range of ways.
Information You Give Us. We collect your name, email address, phone number, username, password, demographic information (such as your gender or occupation), as well as other information you directly give us on our Service.
Information We Get From Others. We may get information about you from other sources. We may add this to information we get from this Service. This may include information we collect from publicly available third party sites, such as Instagram.
Information Automatically Collected. We automatically log information about you and your device. For example, when using our Service, we log your device’s operating system type, language, browser type, the website you visited before browsing to our Service, pages you viewed, how long you spent on a particular item, access times, and information about your use of and actions on our Service.
Cookies. On our website, we may log information using "cookies." Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Service. This type of information is collected to make the Service more useful to you and to tailor the experience with us to meet your special interests and needs.
USE OF PERSONAL INFORMATION
We use your personal information:
to operate, maintain, and improve our sites, products, and services;
to connect you with other users of the Service, including potential sponsorship partners;
to respond to comments and questions and provide customer service;
to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners;
to link or combine user information with other personal information;
to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity;
to provide and deliver products and services customers request.
SHARING OF PERSONAL INFORMATION
We may share personal information as follows:
We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
We may share information with those who need it to do work for us.
We may share certain personal information with other users of the Service to connect you with potential sponsorship opportunities, and we may share information with sponsors from whom you have claimed an offer.
We may also share aggregated and/or anonymized data with others for their own uses.
INFORMATION COLLECTED FROM CHILDREN
We do not knowingly collect personal information from children without parental consent. Users must be 18 years old or older to use the Service. If we learn that we have inadvertently obtained information from a child, we will promptly delete the information.
INFORMATION CHOICES AND CHANGES
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.
You can typically remove and reject cookies from our Service with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Service works for you.
The SpyBox Corporation
9911 Rose Commons Drive
Huntersville, NC 28078