Website Terms of Use › OnSpot Data

These Terms of Use (“Terms”) govern all onspotdata.com web pages, app.onspotdata.com web pages, and onspotdsp.com web pages.

By accessing, visiting, or otherwise using the Site, you agree to be bound by the Terms.

Use of Our Site

When using our Site, you must comply with all applicable laws, including federal, state, and local laws, the laws of your jurisdiction, and laws regarding the transmission of technical data.

You also agree not to:

Display, send, receive, or store obscene or inappropriate content.
Threaten, harass, stalk, defame, or defraud any person or entity.
Violate copyright, trademark, or other intellectual property laws.
Advertise, promote, endorse, or market, directly or indirectly, any third party commercial products, services, solutions, or other technologies.
Attempt to collect, store, or publish personally identifiable information (a) without the owner’s knowledge and consent or (b) of a minor under the age of thirteen (13) in any circumstance.
Distribute unwanted, unsolicited, or harassing mass email or other messages, promotions, advertising, or solicitations (“spam”).
Send deceptive or false source-identifying information, including “spoofing” or “phishing.”
Access or use any application, system, service, tool, data, account, network, or content without authorization or for unintended purposes.
Disable, disrupt, circumvent, interfere with, or otherwise violate the security of the Site.
Attack, abuse, interfere with, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to Denial of Service (DoS), monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware).
Engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy.
Authorize, permit, enable, induce, or encourage any third party to do any of the above.

If you violate these Terms, your access to the Site may be terminated immediately and without notice.

Privacy

OnSpot’s Online Privacy Policy describes how we will protect your privacy and handle your personal information when using our Site. By using the Site, you agree that OnSpot can use such information in accordance with this policy.

User Accounts

In order to access certain services or features of our Site, you may be required to create an account, profile, or download OnSpot software. We may also offer access to certain services and features of the Site to you for a fee. In those situations, or when using other OnSpot products and services as part of the Site, additional OnSpot terms or requirements may apply and those additional terms become part of your agreement with us. In the event of any conflict between such additional terms and these Terms, the additional terms control.

If any portion of the Site requires you to open an account or create a user profile, the information you provide must be truthful and accurate. User accounts, profiles, usernames, and passwords are associated with one individual only and you agree that you will never allow access by another person or entity at any time and to never access the account, profile, username, or password of another person or entity at any time. You must notify OnSpot immediately of any unauthorized use of your account or of any other breach in security that you are aware of.

We may, in our sole discretion, (i) reject or remove anything you post, (ii) restrict, suspend, or terminate your access to any or all of the Site, or (iii) cease to provide and maintain the Site, at any time, for any or no reason, with or without prior notice, and without liability. Upon doing so, we may retain or delete any information or content that you provided.

Site Content

Our Site contains content owned, operated, licensed, and/or controlled by OnSpot that is protected by copyright, trademark, trade secret, or other proprietary rights (“Site Content”). OnSpot or its licensors retain all rights in such Site Content. OnSpot grants you a limited, revocable, nonsublicensable right to view the Site Content solely for your internal use of the Site. Additionally, certain Site Content may include, but is not limited to, icons, photographs, white papers, product documentation, technology overviews, and implementation guides. These materials may be used under limited circumstances.

The trademarks, logos, and service marks (“Marks”) displayed on our Site are the property of OnSpot or other third parties. OnSpot is a registered trademark of OnSpot and/or its affiliates. OnSpot Marks may be used under limited circumstances in strict accordance with our Trademark Guidelines (pdf). Otherwise, you are not permitted to use these Marks without the prior written consent of OnSpot or the third party that owns the Mark. Find a complete list of OnSpot trademarks at: http://www.OnSpot.com/web/siteassets/legal/trademark.html.

Software Content

Software, in both source and binary forms, sample code, APIs, SDKs, associated documentation, and other related materials (collectively, “Software Content”) may be available for download on certain parts of the Site. OnSpot or its licensors own and retain all rights in such Software Content, including all applicable intellectual property rights.

Nothing in these Terms grants any right or license to Software Content. Software Content is governed by its own separate terms and conditions and all use of Software Content must be in accordance with the specified license(s), which may include, but is not limited to, OnSpot’s General Terms, OnSpot software development licenses (e.g., OnSpot API, SDK, and Sample Code licenses), and free/open source software licenses, as applicable.

Your Content

We do not claim any ownership rights in any text, files, images, photos, video, sounds, software, works of authorship, or other materials that you upload or otherwise provide to our Site (collectively, “User Content”). However, you grant to OnSpot a worldwide, royalty-free, sublicensable, perpetual, irrevocable license to use, modify, publicly perform, publicly display, reproduce, and distribute your User Content for the limited purpose of providing the Site and all related services. You also agree that any other user of this Site may access, view, store, and reproduce your User Content for such user’s personal use or otherwise in connection with use of the Site.

You may intend for some of your User Content to be generally available as Software Content on our Site. In those cases, in addition to the permissions that you grant above, you must also specify a license that provides other users with sufficient rights to use your work as intended, such as an open source or Creative Commons license. For guidance on how to choose an appropriate free software license, this is a helpful third party resource: https://choosealicense.com/.

You cannot post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. We may terminate an account and/or deny access to any user who is alleged to have infringed the copyright or proprietary rights of another.

All User Content is considered nonconfidential and public. Please do not submit any confidential or private information.

If you provide us with any feedback or ideas, you authorize OnSpot to use your feedback for any purpose, without any restriction or limitation.

Disclaimers and Limitations of Liability

Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of OnSpot or any third party. All rights not expressly licensed are reserved.

Although we have attempted to provide accurate information on our Site, we assume no responsibility for the accuracy of the information.

We do not endorse or assume responsibility for user conduct or what users submit to our Site. Nothing in these Terms requires us to monitor the Site or to modify or remove any materials or information.

Our Site may contain links to third party sites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. Access to any other site linked to this Site is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites.

You are solely responsible for maintaining the confidentiality of your account, registration, and password information. OnSpot will not be liable for any harm caused by, or related to, the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password.

We may change the programs or products mentioned at any time without notice. Mention of non-OnSpot products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation. Because international information is provided on our Site, not all products or programs mentioned will be available in your country. Please contact your local sales representative for information as to products and services available in your country.

The Site and all information on the Site are subject to applicable federal, state, and local laws, and U.S. export control laws, and may also be subject to the laws of the country where you reside. We reserve the right to investigate and take appropriate action against anyone who, in OnSpot’s sole discretion, is suspected of violating any applicable law, including, without limitation, reporting you to law enforcement authorities.

THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, ONSPOT DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, OR THAT ARISE FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

ONSPOT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY RELATED SERVICES OR CONTENT, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ONSPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ONSPOT DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR ANY RELATED SERVICES OR CONTENT.

ALL USE OF THIS SITE IS AT YOUR OWN RISK.

Purchase and Payment Terms

We accept payment on our website for services that have been delivered to you and invoice from our accounting department and for the purchase of advertising media on the OnSpot Integrated DSP.

Refund policy — OnSpot may refund payments over the invoiced amount for payments made against invoiced services that have been delivered upon request. Any dispute on the amount invoiced for services should be resolved prior to payment per the terms of your Master Services Agreement or Insertion Order. For payments submitted to obtain credit for the purchase of digital advertising media, OnSpot will refund any amounts not used to purchase media upon customer request. Requests for refunds should be sent to OnSpot accounting at accounting@onspotdata.com
Delivery policy — Services delivered under your Master Service Agreement or an Insertion Order are performed prior to the generation of any invoice and are electronically delivered to you or your designated partner per the terms of your agreement with OnSpot. Purchased digital ad media is delivered electronically as specified in your agreement with OnSpot.
Return policy – All purchases are final once an item is electronically delivered.
Cancellation policy — Terms for cancellation of your contract or order with OnSpot are specified in the Master Services Agreement or Insertion Order that you signed with OnSpot. Please refer to the specific terms in your contract.

About Our Terms

We reserve the right to change these Terms from time to time at our sole discretion. Please check this page periodically for any updates.

These Terms are governed by the laws of the State of California, U.S.A., excluding any conflict of laws rules or principles.

If there is any dispute relating to the Site or these Terms, you and OnSpot agree to exclusive personal jurisdiction and venue in the state and federal courts of Santa Clara County, State of California, U.S.A.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect.

If you or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.