Please review the basic rules that govern the use of SpotItOut.com and the purchase of our products. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site.
SpotItOut.com is owned, controlled and operated by Spot It Out, LLC. Use of SpotItOut.com constitutes acceptance of these terms and conditions. Although you may "bookmark" a particular portion of this site and thereby bypass this agreement, your use of this site still binds you to the terms. Spot It Out may make changes to the information on our site or to services described therein, at any time and without notice. Spot It Out may change, move, delete or add to the site frequently. Your use of the SpotItOut.com web site following any such changes constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this web site.
Use Restrictions and Intellectual Property
All of the content you see and hear on the SpotItOut.com web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, photographs, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Spot It Out. All such content are the property of Spot It Out. No use of such content may be made without the prior written consent of Spot It Out except to identify the products or services of Spot It Out. The products, logos, designs, advertisements, and photographic images described or displayed on the site are the intellectual property of Spot It Out and may not be used without permission. The design or layout of SpotItOut.com is protected by United States and international law, copyright, trade dress, and other intellectual property proprietary rights, and all worldwide rights, titles and interests are owned by Spot It Out and may not be copied or imitated in whole or in part.
The content of SpotItOut.com and the site as a whole are intended solely for the personal, noncommercial use by the users of our site. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents of this site. No right, title, or interest in any content or materials is transferred to you as a result of any such activities. Any violation of this may result in legal action. Spot It Out reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from the SpotItOut.com site.
Communications and Submissions
All communications, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to SpotItOut.com on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, the "communications") shall be and remain the property of Spot It Out. Such disclosure, submission or offer of any communications shall constitute an assignment to Spot It Out of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any communications. Thus, Spot It Out shall be free to use the content of such communications (including ideas, inventions, concepts, techniques) for any purpose including development and/or marketing of goods and services, and publishing of the communications on SpotItOut.com. By participating in surveys, contests or promotions on this site or by requesting promotional information or updates, you hereby agree that Spot It Out may use information about you for marketing, product development or promotional purposes and is under no obligation to pay the user any compensation for any communications. You agree that no communications submitted by you to SpotItOut.com will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no communications submitted by you to SpotItOut.com will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any communications you make.
Errors and Inaccuracies
The information on SpotItOut.com may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your SpotItOut.com purchase you may return it with the original SpotItOut.com packing receipt. Please see our return policy.
In the event a SpotItOut.com product is listed at an incorrect price due to typographical error or systems error, SpotItOut.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. SpotItOut.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed, your credit card charged, or the product has shipped. If your credit card has already been charged for the purchase and your order is canceled, SpotItOut.com shall issue a credit to your credit card account in the amount of the incorrect charge.
SpotItOut.com may provide links or product references to other sites, but is not responsible for the privacy practices or content of such sites and shall not be liable for any damages or injury arising from that content or those privacy practices. These links are only for your convenience and you access them at your own risk.
This site and its contents are displayed solely for the purpose of promoting Spot It Out, its products and services. This site is controlled and operated by Spot It Out. Spot It Out reserves the right to make changes to the information in this site or services described therein, at any time without notice.
Duration and Termination
These terms and conditions are applicable to you upon your accessing SpotItOut.com and/or completing the registration or shopping process. Spot It Out may terminate this agreement without notice at any time for any reason, and deny you access to the site if you fail to comply with the provisions of this agreement. The provisions relating to use restrictions and intellectual property, disclaimer, limitation of liability, indemnification and miscellaneous, shall survive any termination.
You agree to indemnify, defend, and hold harmless Spot It Out, its officers, directors, employees, agents, licensors and suppliers (collectively the "service providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.
Spot It Out may deliver notice to you by means of e-mail, a general notice on the site, or by written communication delivered to your address on record in SpotItOut.com account information.
Enforcement of Terms and Conditions
By accessing and using the SpotItOut.com site, you agree that your access to and use of the SpotItOut.com site is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of Illinois, United States of America.
By your use of this site, you acknowledge that use of this site is at your sole risk, that you assume full necessary servicing or repairs of any equipment you use in connection with your use of this site, and that Spot It Out shall not be liable for any damages of any kind related to your use of this site. This site and the materials and products on this site are provided "as is," "as available," and "with all faults" and without warranties of any kind, whether express or implied, unless provided for otherwise. To the fullest extent permissible pursuant to applicable law, Spot It Out disclaims warranties, express of implied, including but not limited to, implied warranties or merchantability and fitness for a particular purpose and non-infringement. Spot It Out does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes this site available are free of viruses or other harmful components. Spot It Out does not make any warranties or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
Limitation of Liability
Spot It Out shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site. Spot It Out shall not be liable for any special, incidental or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Spot It Out has been advised of the possibility of damages. Applicable law may not allow the limitation or exclusion of liability or special or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
At Spot It Out, we believe you have a right to know what type of information we may collect when you interact with us and our practices with respect to that information. The guidelines contained herein apply only to information collected by or for Spot It Out, LLC (SIO).
While SIO does not generally require that you provide us with personally identifiable information (for example, in order to visit and use the SIO sites), please note that in order to participate in some activities, it will be necessary for you to provide this information. If you choose not to provide it for those activities, you may not be able to participate in them.
Notice to California Residents: Your California Privacy Rights
If you are a California resident, you have the right to receive: a) information identifying any third party company(ies) to whom Spot It Out may have disclosed, within the past year, personal information pertaining to you and your family for that company’s direct marketing purposes; and b) a description of the categories of personal information disclosed. To obtain such information, please email your request to firstname.lastname@example.org.
Collection of Information
SIO may ask you to provide Personal Information, meaning individually identifiable information such as your email address, name, mailing address, telephone number, social security number, credit card number, or persistent identifier (such as a customer number held in a cookie) which is associated with individually identifiable information, to, among other things, enable you to participate in contests, chat rooms, on bulletin boards, to obtain product or service support, to fill out a registration, or to order products and services. SIO may combine the information you provide with other information we may collect from you or your devices or from third parties so that we can more effectively tailor our site, services and offerings to you.
SIO will not share the Personal Information you provide with any other parties, except (a) with your consent (see below), (c) as may be required by law or court order, (d) to persons or companies SIO engages to carry out or provide support for the operations of the sites or our business, or (e) to appropriate third parties, including law enforcement or other government agencies, in connection with a criminal investigation, fraud prevention, or other legal action or if SIO reasonably believes it is necessary to do so to protect SIO, its customers, or the public. Spot It Out may also provide data from transactions that it believes to be fraudulent to third parties that provide fraud prevention services to Spot It Out and other merchants.
Unless you instruct us otherwise, SIO may contact you to provide information about products, services, promotions, contests, or other activities or offerings that may be of interest to you. You can instruct us whether or not you wish to receive such information by checking or unchecking the box indicating your preference, as applicable, at the place where your information is collected. In addition, with each commercial email you receive from SIO, you will be given the opportunity to indicate if you do not wish to receive future commercial emails from SIO.
We may collect your computers', network enabled devices, systems' and/or networks' IP addresses and message information for system administration, record keeping, capacity planning, volume and other operational reasons, as well as for advertising and royalty reporting as necessary in the conduct of our business. When you use our services, our systems may record this information, which may be stored with your registration, order or other information you provide to us. This may allow us, among other things, to determine which other websites linked you to us.
We collect and maintain Personal Information and/or other information about visitors to our websites, devices and users of devices that access or use our services and websites, as well as anyone who sends us information or communications, and recipients of our communications. Much of this information we may gather directly by asking (e.g., hobbies, interests, purchasing habits, music preferences, difficulties in using a particular feature),but, we also aggregate information in a non-personally identifiable manner using our technology, such as visitors' and users' browsing or use activities, the domain or mobile phone area code or device number and carrier from which a visitor accesses or clicks through to a website, page views, downloads, streaming and the like. We use such information to enhance and customize our websites and services and the advertising and promotions we make available to attempt to create a better experience. We aggregate information (meaning it does not identify any individual) to analyze trends and statistics to improve your online experiences, our websites, services, and customer support.
Use and Disclosure of Anonymous Aggregated Information
SIO may also collect, aggregate and maintain anonymous information about you, such as your hobbies, interests, purchases, downloads, page visits, music preferences, and the like. This data can then be used to, among other things, tailor SIO’s promotions, advertising, and communications to deliver a better experience for you. SIO may also share such aggregate information with advertisers, business partners, sponsors, and other third parties; for example, to inform them about the percentage of male/female visitors to our site or the percentage of visitors within a particular age range.