Allowable Content and Acceptable Use
At DankSpot our focus is creating a positive and helpful experience for our users. We want DankSpot to be convenient, safe, and fun for you and your communities. This means there are a few rules. You may NOT: Violate any law or regulation. Send unsolicited or unauthorized advertising or commercial communications, such as spam. Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services. Use automated methods to use the Site or Services. Stalk, harass, bully, intimidate, or harm another user. Post unlawful, harmful, obscene, or pornographic content. Impersonate someone. Post content that is hateful, threatening, harmful, incites violence; or contains graphic or gratuitous violence. Use DankSpot to do anything unlawful, misleading, malicious, or discriminatory. Post content you do not have the right to transmit. Post content that infringes on trademarks or copyrights. Post viruses or malicious scripts. Post spam or link bait. Attempt to circumvent any technological measure implemented by DankSpot or any of DankSpot's providers or any other third party (including another user) to protect the Site or Services. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services. Advocate, encourage, or assist any third party in doing any of the foregoing.
At its discretion, DankSpot may cancel accounts of users who violate the Terms of Service. DankSpot reserves the right to view Private Groups ONLY for the purposes of fixing issues, to respond to complaints about Terms of Service violations, or when required to do so by law. DankSpot reserves the ongoing right to view Selective Groups, Open Groups, and any groups in the DankSpot Open Group Directory to assess compliance with this Terms of Service. DankSpot reserves the right to remove objectionable content without notice. DankSpot can remove any content or information you post at DankSpot if we believe that it violates our Terms of Service. DankSpot reserves the right to ban groups and users that do not comply with its Terms of Service as assessed in DankSpot’s sole discretion and interpretation of its Terms of Service. Users may not be notified when this occurs. Banned users may contact DankSpot Customer Support to request more information. Please comply with the rules in our Terms of Service. While we have the right to monitor activity and content associated with DankSpot, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using DankSpot, you may be exposed to content that you find offensive or objectionable in your communities. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted at DankSpot or endorse any opinions expressed at DankSpot. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website. Due to storage limitations and expenses, DankSpot reserves the right to close and delete any user account that has not been logged in for a period of 12 months or more. DankSpot will notify any such users whose accounts it intends to delete, by email or SMS, if they have been inactive for greater than 11 months and provide those users with a minimum of 30 days notice and options on how to keep their content and account at DankSpot or how to download their content onto their personal computers. DankSpot will give one final notice at least 48 hours prior to deleting an account.
User Content Ownership
Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of DankSpot (“User Submissions”) are owned by the party contributing such content. As a user of DankSpot, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using DankSpot you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. DankSpot is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through DankSpot is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact in the course of using DankSpot.
You are responsible for safeguarding the password that you use to access DankSpot and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. DankSpot cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, and device information (including device and application IDs). We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your account to authenticate to a third-party website or application. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to install another application through DankSpot. DankSpot uses Log Data to provide, understand, and improve our Services. We either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after a maximum of 12 months.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of DankSpot and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the DankSpot name or any of the DankSpot trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding DankSpot, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless DankSpot, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of DankSpot; ii) unauthorized access to or alteration of your communications with or through DankSpot, or iii) any other matter relating to DankSpot. Any business transactions which may arise between users from their use of DankSpot are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions. You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will our total cumulative liability exceed US $10.00.
Ownership In and To The Site and Services
Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("DankSpot Content"); and (b) DankSpot's trademarks, logos, and brand elements ("Marks"). The Site and Services, DankSpot Content, and Marks are all protected under U.S. and international laws. DankSpot, My Cloud, Check It Out, Practice Safe Sharing, the DankSpot logo, and other DankSpot logos and names are trademarks of DankSpot. You agree not to display or use these trademarks in any manner without our prior written permission.
Under no circumstances will DankSpot be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control. If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. The failure of DankSpot to enforce any right or provision of these Terms will not prevent DankSpot from enforcing such right or provision in the future. DankSpot reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.