Last Updated: OCTOBER 3, 2O24
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TINY CO HOLDINGS, INC.
SECTION 16 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, SECTION 16 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 16 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.
Tiny Co Holdings, Inc., doing business as WebSpot (“Company,” “we,” “us,” “our”), provides a cross-platform social rewards program. By using our website/mobile applications and any of the information and services offered through the website/mobile applications (“Services”), or otherwise indicating your affirmative acceptance of this Agreement, you agree to be bound by this Agreement. The success of the Services, however, depends on the adherence to the terms of this Agreement by you and other Users (collectively, “you,” “your,” or “Users”). While we do our best to enforce the terms of this Agreement, we cannot warrant or represent that other Users will in fact adhere to this Agreement and cannot act as insurers or accept any liability for their failure to do so.
By accessing or using the Services in any way, clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:
Complaint Procedure & Flagging Inappropriate Content. If you believe that someone has posted material at these Services which infringes the intellectual property or other rights of third parties or which is in violation of U.S. law or which is racist, sexist, obscene, harassing, defamatory, or otherwise objectionable or inappropriate, or which constitutes child pornography, we ask you to flag the post to our attention by contacting us at the following address: [email protected].
By using our Services, you confirm that you have read, understand, and agree to be bound by our then-current Acceptable Use Policy. We reserve the right to investigate, suspend, or terminate your account if you misuse our Services or act in a way that we regard as inappropriate, improper, unlawful, or not in conformance with this Agreement, the Acceptable Use Policy, or our values and mission.
Good Samaritan Policy. It is the policy of the owners and operators of these Services to not tolerate any acts of intellectual property infringement or violations of U.S. law or to allow for any child pornography or obscene or defamatory material to be posted at these Services. We will do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable. The provisions of this Section are intended to implement this policy but are not intended to impose a contractual obligation on the owners or operators of these Services to undertake, or refrain from undertaking, any particular course of conduct.
When emailing us to complain about inappropriate or infringing content, please provide as much detail as possible, including:
Indemnification/Waiver of Certain Rights. By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of California. In addition, you agree, at your own expense, to defend us and indemnify us against any liability which we may incur by our response to your complaint.
Waiver of Claims and Remedies. We expect visitors to take responsibility for their own actions, and cannot assume liability for any acts of Users or third parties which take place at these Services. By this Agreement, you acknowledge that in establishing a complaint procedure we are taking on the role of a Good Samaritan and, in order to allow us to do our best, in good faith, to purge or otherwise restrict the availability of material that is infringing, racist, sexist, obscene, harassing, or otherwise objectionable, you agree to waive any claims or remedies which you might otherwise be able to make against us under any theory of law (including, but not limited to, intellectual property laws) arising out of or relating in any way to the content at these Services or our response, or failure to respond, to a complaint.
Investigation/Right to Purge Postings. You agree that we have the right (but not the obligation) to investigate any complaint received and, at any time and for any reason, to remove any material which you post to these Services, with or without your permission, and with or without cause, in our sole discretion. By reserving this right, we do not undertake any responsibility in fact to remove content posted online, whether or not a complaint has been received.
Company provides a rewards program that allows you to earn and accumulate points that can be redeemed for various benefits (“Rewards”) from participating third-party brands (“Brands”). To join a rewards program, you must create an account.
Earning Points. You earn points for eligible engagement with a participating Brand. You understand that we use various methods to calculate and award points for eligible activities, which may include automatic means such as models powered by algorithms, large language processing, and other artificial intelligence.
Unless expressly allowed, your points earned for a specific Brand can only be redeemed for Rewards with that Brand, and you cannot combine, exchange, or otherwise substitute points associated with one Brand for points associated with another Brand.
While we will always use our best efforts to ensure points are awarded for eligible engagement with Brands, we cannot guarantee that you will accurately receive points for all eligible engagement, and we expressly disclaim liability for errors or omissions in whether points are awarded.
Redeeming Points for Rewards. You can redeem points for Rewards that the Brand chooses to offer. Note that the Rewards available and point redemption rates may vary by Brand, and Brands may adjust the Rewards offered and point redemption rates at any time. Please review each Brand’s Rewards offering for the most recent Rewards available and their point redemption rates.
We have made every effort to display as accurately as possible the colors and images of Rewards that appear via the Services. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any Rewards, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
Points and Rewards Expiration. Once you have redeemed points for Rewards, we do not control how long those redeemed Rewards remain valid. For example, if you redeem points for a Brand’s gift card, the Brand determines how long the gift card remains valid.
Returns. For information about how to return a Reward, please contact the Brand from which you redeemed the Reward.
Notice of Financial Incentive. Our Privacy Policy and the associated Notice of Financial Incentive are incorporated into this Agreement. Please read the Privacy Policy carefully to understand how we collect, use, and disclose information about you, how to update your rewards program information, and how we communicate with you.
Other Important Information You Should Know. There are no participation or membership fees associated with our rewards program. Points accrued in connection with our rewards program are promotional, have no cash value, and cannot be redeemed for cash. In addition, your redemption of points in connection with our rewards program cannot be combined with any other offers or discounts, unless otherwise expressly indicated.
Your points and rewards program account are personal to you and may not be sold, transferred, or assigned to, or shared with, family, friends, or others, or used by you for any commercial purpose. You may have only one (1) account that is personal to you
Without notice to you, we reserve the right to suspend any rewards program account registered to you and/or terminate your access to our Services if we determine, in our sole discretion, that you have violated this Agreement or that your use of our rewards program is unauthorized, deceptive, fraudulent, or otherwise unlawful. We may, in our sole discretion, suspend, cancel, or combine rewards program accounts that appear to be duplicative. In the event that your participation in our rewards program is terminated, all accrued points in your account are void.
We reserve the right to change, modify, discontinue, or cancel any part of our rewards program, in whole or in part, at any time and in our sole discretion, without notice to you. This may include disabling your access to a Brand’s rewards program and voiding all points associated with that Brand.
Additional Documentation. To learn more about points, Rewards, and our rewards program, please visit our Rewards FAQs.
While we will always use our best efforts to ensure the accuracy and completeness of information provided on our Services, including Rewards, we cannot guarantee the accuracy, adequacy, quality, or suitability of any data on our Services and expressly disclaim liability for errors and omissions in the contents of our Services. Any use or reliance on any content or materials posted via the Services or obtained by you through the Services is at your own risk. Any link to a website or phone number owned by a third party does not constitute an endorsement, approval, association, sponsorship, or affiliation with the linked site or phone number.
We attempt to maintain an uptime percentage in excess of 99.9%. During the day to day running of the Services, interruptions may occur due to network failures, server equipment failures, failures of external services that the Services depend on, or deployment of software with bugs. Whilst every attempt is made to minimize these disruptions, some may be outside our control. We shall not be held responsible for any loss resulting from disruptions to the Services of any kind.
We operate on shared resources and aim to provide an equal and fair service to all Users. Should one User be using a level of resources that jeopardizes the ability of other Users to use the Services for its intended use, then we may take such actions as restricting or suspending the User. In such circumstances we will attempt to notify the User and allow them to take remedial action. This is not guaranteed and in situations where the ability of the Services to fulfill its intended use is at risk, we will immediately restrict the account without notification.
We (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by us. Our name, logo, and the product names associated with the Services are our trademarks or belong to third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
We respect the copyright and other intellectual property rights of others and expect Users of our Services to do the same. In accordance with the United States Digital Millennium Copyright Act (the "DMCA") and other applicable law, we have a policy of terminating, in appropriate circumstances and at our sole discretion, Users of the Services who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to the Services and terminate the accounts of any Users of the Services who infringe any intellectual property rights of others, whether or not there is any repeat infringement. See our TOS and AUP for more information.
Notification of Alleged Copyright Infringement
If you believe that content available on or through our Services infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our website infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following:
Submit your notice to our designated DMCA agent by mail or email as set forth below:
Please note that you may be liable for damages, including court costs and attorney's fees, if you materially misrepresent that content hosted on the Services is copyright infringing.
Upon receiving a proper Notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory counter-notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.
Please note that our furnishing your claim to the alleged infringer will include the personal information you provide in your Notification, which the alleged infringer may use to contact you directly. As such, by submitting a Notification of alleged copyright infringement, you consent to disclosure of your information in the aforementioned manner.
Counter Notification
If you believe your copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter-notification letter to us. To be an effective counter-notification under the DMCA, your letter must include substantially the following:
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Copyright Agent first receives notice from the party filing the original Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
We store and use personal data in accordance with our Privacy Policy. By agreeing to the terms of this Agreement, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services. You may not assign, transfer or delegate this Agreement, or any part of it. Any assignment, transfer or delegation will result in this Agreement becoming null and void.
The Services may contain links to or display content originating from third-party websites and advertisements (collectively, “Third-Party Websites & Advertisements”). Such Third-Party Websites & Advertisements are not under our control. We are not responsible for any Third-Party Websites or any Third-Party Advertisements. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their products or services. When you click on a link to a Third-Party Website or Advertisement, we will not warn you that you have left our Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree to indemnify and hold harmless Company and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your misuse of the Services; (b) your violation of this Agreement, our Acceptable Use Policy, or any of our policies; or (c) your violation of any applicable laws, rules or regulations through or related to the use of the Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Services. You agree that the provisions in this Section will survive any termination of your account, this Agreement, or your access to the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICE, OR THE TEXT, GRAPHICS OR LINKS.
WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES, OR ANY OTHER ITEMS OR SERVICES PROVIDED BY US, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE SERVICES (INCLUDING ANY SERVERS OR OTHER HARDWARE, SOFTWARE AND ANY OTHER ITEMS USED OR PROVIDED BY US IN CONNECTION WITH THE SERVICES) ARE PROVIDED "AS IS" AND THAT WE MAKE NO WARRANTY THAT THE SERVICES WILL BE FREE FROM BUGS, FAULTS, DEFECTS OR ERRORS OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
To the extent the parties are permitted under these TOS to initiate litigation in a court, both you and Company agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively within the State of California for courts situated in San Francisco County, California, or in federal court for the Northern District of California.
At our sole discretion, we may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.