Terms & Conditions
This License Agreement details the Terms and Conditions which you, the User, hereby accept prior to the use of the SpotPog mobile device application (“app” or “application”), any SpotPog services, or the SpotPog website.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE APPLICATION, USING THE SERVICES, OR ACCESSING THE CONTENT YOU:
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER;
ACCEPT THIS AGREEMENT.
IF YOU HAVE QUESTIONS AS TO THE MEANING OF THIS AGREEMENT OR IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO AND YOU SHALL NOT USE THE APPLICATION, USE THE SERVICES, OR ACCESS THE CONTENT AND YOU MUST IMMEDIATELY DELETE THE APPLICATION AND THE CONTENT FROM YOUR MOBILE DEVICE.
CAUTION: USING YOUR MOBILE DEVICE WHILE DRIVING IS DANGEROUS AND UNLAWFUL. NEVER USE SPOTPOG OR ANY APP WHILE DRIVING. DISTRACTED DRIVING IS DANGEROUS, UNLAWFUL, AND A MAJOR CAUSE OF TRAFFIC ACCIDENTS.
1. About SpotPog
Spotpog is a Delaware LLC with its registered offices at 4406 Tennyson Road, Wilmington, New Castle County, Delaware 19802. SpotPog maintains its executive offices at 767 Third Avenue, Suite 800, New York, NY 10017.
SpotPog provides a service that allows users to advertise/publish the availability of “Spots”. As used herein the term “Spot” is defined as any physical location including, but not limited, to parking spots, driveway spots, curb cut spots, garage spots, or any other physical location of any type.
YOU ACKNOWLEDGE AND AGREE THAT SPOTPOG IS NOT SELLING, PROVIDING, FURNISHING, RESELLING, RENTING, ACTING AS A BROKER FOR, OR OTHERWISE PROVIDING YOU PARKING OR ACCESS TO PARKING. SPOTPOG DOES NOT MANAGE OR PROVIDE YOU WITH ANY PARKING, ANY ACCESS TO PARKING, OR ANY INFORMATION ABOUT PARKING ITSELF. YOU ACKNOWLEDGE AND AGREE THAT SPOTPOG ONLY PROVIDES A PLATFORM FOR SHARING INFORMATION ABOUT PARKING AVAILABILITY FROM OTHER USERS OF THE SERVICE AND HAS NO MEANS OF VERIFYING THE ACCURACY OF SUCH INFORMATION OR CONTROLLING THE ACTIONS OF ITS USERS. YOU ACKNOWLEDGE AND AGREE THAT SPOTPOG IS NOT A PARTY TO ANY TRANSACTIONS BETWEEN ANY USERS, INCLUDING ANY THAT INVOLVE YOU.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND EACH USER IS RESPONSIBLE FOR HIS OR HER OWN ACTIONS AND OMISSIONS WHILE USING THE APPLICATION AND/OR THE SERVICES.
You agree that use of the app is via a license. You are granted a limited, non-exclusive right to use the app without any charge. SpotPog shall have the sole right to terminate your right to use the app without cause and you agree to remove the app from your mobile device immediately upon notification from SpotPog that your license has been terminated. SpotPog shall have the right to exercise this right of termination at any time without prior notice.
Your use of the app under the license shall be in compliance with all legal requirements pertaining to the location where you are using the app. By using the app you recognize that SpotPog is not providing any advice or representation as to legalities of transaction or advertising and you are hereby specifically holding SpotPog harmless and indemnifying SpotPog from any liability with respect to any transaction using the SpotPog app, the platform, or the website.
The SpotPog platform allows for different services in different communities based on local statutes. In the event any municipality determines that use of the SpotPog platform is contrary to any statute or regulation then SpotPog will take whatever action it deems necessary to modify its service in order to comply with applicable regulations. In the event SpotPog makes any modification in its platform, for any reason whatsoever, user agrees that it will have no claim against SpotPog for any change in service or cancellation of any service.
3. Downloading the Application via the Apple App Store or iTunes or via the Google Play Store
Google Play Terms of Service: https://play.google.com/intl/en_us/about/play-terms.html
Apple Terms of Service: http://www.apple.com/legal/internet-services/terms/site.html
4. Collection and Use of Your Information
From time-to-time, SpotPog, in its sole and absolute discretion, may develop and provide application updates to its app. These updates may add, modify, or delete features and functionality. Updates may be designed to install automatically on your mobile device.
You agree that SpotPog has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. You also agree that updates will be deemed part of the application and be subject to all terms and conditions of this agreement.
6. Third Party Content and Information
The SpotPog application makes available third-party content. You acknowledge and agree that SpotPog is not responsible for third-party materials, including, without limitation, their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. SpotPog does not assume and will not have any liability or responsibility to you or any other person or entity for any third-party materials. SpotPog provides third-party materials solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ own terms and conditions.
7. User Generated Content
SpotPog does not endorse any users or any information provided by said users. SpotPog does not attempt to confirm and does not confirm the identity of any user or accuracy of any information posted, or anything else about the user or the information the user is providing through the Services or the Application.
SpotPog’s app allows you to post, submit, publish, display, or transmit to other users of the app information or content. You acknowledge and agree that you are responsible for any and all of the information you provide via the app.
Any user generated information you post on or through the app will be considered non-confidential and non-proprietary. By posting any information you grant SpotPog and SpotPog’s affiliates the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You agree that any information you post is accurate and you agree that any responsibility for the accuracy and appropriateness of the information posted is completely yours. You agree to indemnify SpotPog from any claims for damages resulting from information posted by you via the app or the website.
You hereby agree that:
You own or control all rights in and to the user contributions and have the right to grant the license granted above to SpotPog and SpotPog’s affiliates and service providers and each of their respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any information you submit or contribute, and you, not SpotPog, have full responsibility for such content, including, without limitation, its legality, reliability, accuracy, and appropriateness.
SpotPog is not responsible, or liable to any third party, for the content or accuracy of any information posted by you or any other user of the application or the services.
SpotPog has the right to:
remove or refuse to post any user contributions for any or no reason in SpotPog’s sole and absolute discretion
take any action with respect to any user contribution that SpotPog deems necessary or appropriate in SpotPog’s sole and absolute discretion
disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including, without limitation, their intellectual property rights or their right to privacy
take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the application, the services, or the content
at SpotPog’s sole discretion terminate or suspend your access to all or part of the app service for any or no reason
Without limiting the foregoing, posted information must not:
contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
infringe any patent, trademark, trade secret, copyright, or other intellectual property, or other rights of any other person
be likely to deceive any person
promote any illegal activity, or advocate, promote, or assist any unlawful act
cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person
impersonate any person, or misrepresent your identity or affiliation with any person or organization
involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising not directly related to the application or the services and expressly authorized by SpotPog
give the impression that your contribution emanates from or is endorsed by SpotPog or any other person or entity, if this is not the case
8. Financial Terms
When you use the SpotPog app you will have the option to add funds to your SpotPog account for use in acquiring information intended to allow you to obtain a Spot from another user.
SpotPog does not sell Spots. SpotPog is selling information that will allow you to obtain a Spot from another user. Any payments made are for Spot information, not for the purchase of any Spots. The charge for the information is set by, and agreed to, by the users, not SpotPog.
Upon the completion of any transaction between SpotPog users, SpotPog will facilitate the transfer of funds between the users. As consideration for facilitating the listing and the transfer SpotPog will retain 30% of the proceeds as an advertising/listing/posting fee and the balance will be paid to the appropriate user’s account.
In the event any governmental agency determines that taxes of any sort are payable then, if required by said agencies, SpotPog will withhold said tax or fee and transfer the proceeds in compliance with applicable laws.
It is agreed that payments into your SpotPog account from your credit card, debit card, or electronic bank transfer are for advertising services and/or for the purchase of posted information.
By using the app to transfer funds to SpotPog you are authorizing SpotPog to use the information you provide to initiate and process a charge or debit to your account.
Refunds: SpotPog users can transfer funds from their SpotPog account to their bank account by visiting the SpotPog website and providing their bank account information. Transfers will be initiated within 3 days. Transfers can only be made to bank accounts with the same named title as the SpotPog user. At the sole discretion of SpotPog, SpotPog shall have the option, but not the responsibility, to credit funds back to the credit/debit card used to pay for the SpotPog services.
Notwithstanding any other provisions of this agreement, SpotPog’s maximum liability to any user shall be limited to the fee charged to the user.
There are certain locations in which it is illegal to buy and sell public street parking spaces or information related to the availability of spaces. In these locals the SpotPog app has been customized to only allow for the exchange of parking information using a free private SpotPog currency known as “Pogs”. The purpose of creating this Pog currency is only to create the need to supply parking information in order to be able to receive parking information.
Pogs are awarded free to every new user irrespective of where the user is located. Currently, every new user is awarded 1 Pog upon registration. These Pogs can only be used in markets which have been specifically designated as free street parking locales. Currently these markets include New York City, Boston, Chicago, and San Francisco. SpotPog reserves the right to modify this list via additions and deletions without notice.
In these specific markets Pogs are used in place of cash. Users spend Pogs to pay for parking information and users earn Pogs in consideration of providing parking information.
Pogs have no cash value and can not be exchanged for cash or any other consideration except for use on the SpotPog platform. Pogs cannot be bought, sold, transferred, or exchanged in any way other than for the exchange of parking information. Any misuse of any SpotPog function intended to circumvent this rule will result in the permanent closure of the user’s SpotPog account and forfeiture of any Pog balance. In matters related to abuse of the SpotPog platform the option to terminate the user’s account shall be at the sole discretion of SpotPog and SpotPog shall not be required to provide any reason for, or advance notice of, so doing.
SpotPog shall, at all times, have the right to award Pogs to users for marketing purposes.
10. Charitable Spots
In certain cases SpotPog allows users to list spots on behalf of SpotPog approved charities. These spots can be either driveway spots or, in localities where permissible, street spots. The conditions governing these listings is as follows:
The party listing the spot hereby assigns his/her rights to occupy the spot to the charitable group(s) identified by SpotPog on its website.
The listing of the spot and the offer to use the spot is made on behalf of the receiving charitable organization.
The payment made for use of the spot shall be deemed a sale of the charity’s right to the spot and shall not be considered a contribution.
There is no permissible tax deduction available for this transaction and no acknowledgement will be sent by the charity to the purchaser.
11. General Compliance and Safety
While using or accessing the application you agree at all times:
to comply with all applicable laws
not to operate the application while you are driving or when it is otherwise unsafe for you to do so
to consult and comply with all regulations relating to parking, traffic, or the use or misuse of parking spaces
not to obstruct traffic or impede anyone from parking in a valid space
not to reserve or attempt to reserve a parking space, or prevent any vehicle from parking on a public street through your presence in the roadway, the use of hand-signals, or by placing any box, can, create, handcart, dolly, or any other device, including, without limitation, unauthorized pavement curb or street markings or signs in the roadway
not to threaten, deter, or intimidate any other person in order to prevent them from access or using a parking space
to act in a safe and responsible manner
to keep your login credentials for accessing your account confidential and not share them with any other person
not to submit any information with any fraudulent, deceptive, false, misleading, or illegal information
recruit or otherwise solicit any users of the Services or the application to use any third-party service, competing or otherwise
not to harm or misuse or attempt to harm or misuse the application or the Services
not to display or mirror any of the Content or any other proprietary information without SpotPog’s express written consent
not to use or display SpotPog’s trademarks without SpotPog’s express written consent
not to use the application or the content for any commercial purposes other than those permitted by this agreement
12. Disclaimer of Warranties
THE APPLICATION, THE SERVICES, AND THE CONTENT ARE PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. SPOTPOG, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, THE SERVICES, OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SPOTPOG PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR FREE, THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED, OR COMPLY WITH THE LAW OF YOUR JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITATION TO THE FOREGOING, SPOTPOG EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES OR ANY RESPONSIBILITIES ABOUT CONTENT OR OTHER INFORMATION, INCLUDING, WITHOUT LIMITATION, THAT SUCH INFORMATION IS ACCURATE OR UP-TO-DATE.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPOTPOG OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, AND ASSIGNS, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR MISUSE OF, USE OF, DOWNLOAD OF, INSTALLATION OF, OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES.
You agree to indemnify, defend, and hold harmless SpotPog and its officers, managers, members, employees, agents, representatives, affiliates, subsidiaries, parents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, without limitation, reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application
If any provision of this agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
16. Governing Law
SpotPog LLC is organized under the laws of the State of Delaware. It is agreed that this Agreement is governed by and construed in accordance with the laws of the State of Delaware. Any legal action or proceeding arising out of or related to this agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, County of New Castle
17. Entire Agreement
Any questions, complaints, or claims with respect to the application can be made to the following:
Attention: Chief Executive Officer
767 Third Avenue – Suite 800
New York, NY 10017