Effective Date: 10/13/2022
Using WebSpot www.onwebspot.com constitutes acceptance of these Terms of Service ("TOS") and the Acceptable Use Policy ("AUP"). Before registering on the Site, you must read and agree to the TOS and AUP. By registering for access to WebSpot, you are accepting the TOS and AUP and are legally bound by them.
PLEASE READ THE TOS CAREFULLY. THE TOS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TINY CO HOLDINGS, INC. D/B/A WebSpot.
THE DISPUTE RESOLUTION SECTION BELOW 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.
Service as referred to in this document shall mean: The facilities and benefits provided by the site at www.onwebspot.com.
Merchant as referred to in this document shall mean: The user who has registered to access the Service and has created a valid subdomain.
User as referred to in this document shall mean: A person who accesses the site and subdomains at www.onwebspot.com.
Your Products
as referred to in this document shall mean: the digital files or items the Merchants showcase and sell through the Service.
The features that make up the Service are provided to Merchants as a benefit of membership. WebSpot reserves the right to change, upgrade, or remove any aspect of the Service or alter the plans that features are available on.
New features that augment or enhance the Service may be released from time to time. Any such features will also be subject to the TOS and continued use of the Service shall constitute your consent to such changes.
WebSpot attempts to maintain an uptime percentage in excess of 99.9%. During the day to day running of the Service, interruptions may occur due to network failures, server equipment failures, failures of external services that the Service depends on, or deployment of software with bugs. Whilst every attempt is made to minimize these disruptions, some may be outside the control of WebSpot. WebSpot shall not be held responsible for any loss resulting from disruptions to the Service of any kind.
WebSpot operates on shared resources and aims to provide an equal and fair service to all Merchants. Should one Merchant be using a level of resources that jeopardizes the ability of other Users to use the Service for its intended use, then WebSpot may take such actions as restricting or suspending the User. In such circumstances WebSpot 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 Service to fulfill its intended use is at risk, WebSpot will immediately restrict the account without notification.
To register for an account, you must:
Merchants create a password in order to access the Service. These must be kept confidential and must not be shared under any circumstances. Merchants are responsible for access to their account through the use of their email and password combination and WebSpot will not be held responsible for any loss or otherwise as a result of unauthorized access to their account due to negligence on the account of the Merchant. Should Merchants believe their account details have been compromised they should contact support at [email protected] who will respond to confirm receipt of message. Merchants will remain liable for any unauthorized access until support has confirmed they have received their notification.
Merchants may not use their account to attempt to breach the security of another account, the Service in general or to attempt to gain unauthorized access to another network or server. Any such attempts will result in immediate termination of their account.
You retain all rights and intellectual property rights embodied in Your Products, exclusive of any content provided by WebSpot. You are responsible for the content of your files, backing up your files and the sales of your Products. WebSpot acts as a service provider to showcase and sell Your Products and cannot be held responsible for unintended sale or distribution due to incorrect configuration of products under the Service, for example but not limited to, setting the wrong price, setting the wrong stock levels or creating too many discount codes.
WebSpot does not systematically review all files that you store with the Service. It is your responsibility to ensure the Products are legal and within the conditions laid out in our AUP or other applicable policies. WebSpot reserves the right to periodically review a File’s contents for violations of law or any of our policies. Violations may result in the file being removed or your account being terminated.
The Service 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 Service 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.
WebSpot offers a referral scheme for users to refer us new customers. When using this scheme, you may not promote or advertise WebSpot on any coupon, deal or discount site, via any pay-per-click advertising or on any search engine or social media platform.
Payment is in advance on the same day each month on the day before the signup date ("bill day"). The first month is a free trial meaning the first payment is not made until one month after joining. During the trial the Merchant must enter payment details to pay the monthly fee for using the Service. By continuing to use the Service, the Merchant is authorizing WebSpot to charge the Merchant’s chosen payment method to pay for the ongoing cost of membership. Should payment details not be entered during the trial, the Merchant will be suspended from the Service and will no longer be able to access the benefits of membership.
Should a payment be missed (for example, due to an expired credit card), WebSpot will contact the Merchant to inform them of the problem. The Merchant will then have 14 days to make payment before their account is suspended. Such a period for a missed payment only applies after a successful payment in a previous month has been made. Suspension is immediate after the first month’s trial if incorrect payment details have been entered.
WebSpot offers a series of plans that give different levels of membership benefits. Merchants are able to upgrade or downgrade their plan at any point by visiting the Account section of the Site. When downgrading, the new monthly amount will be charged on the next billing cycle. Upon upgrading, a prorated amount will be charged for the remainder of the current billing cycle. The new monthly charge will then apply from the next billing day.
From time to time, WebSpot may alter the benefits provided by each of the plans. Should this be the case, Merchants will be notified and given 30 days to decide whether they stay on the same plan, move to a different one, or cancel their membership.
For each membership payment made, an invoice email is sent to the Merchant and a copy stored in their account. Any queries relating to these should be directed to the support team at [email protected].
Refunds will not be given for accounts where a failure to take action, such as canceling an account, downgrading an account or other, leads to a larger charge than expected on billing day. You are responsible for the plan your account is on at bill day.
Merchants may cancel their account by using the “Close Account” button under the account tab, or by contacting support at [email protected].
In such circumstances, all data may be lost and may not be recoverable. WebSpot will not be held responsible for any losses when closing an account.
You may not use the WebSpot logo, colors, site layout, or screenshot of the dashboard area without prior written permission.
We will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User Content infringes on your copyrights, you may submit a notification pursuant to the WebSpot Digital Millennium Copyright Act (DMCA) Notice. Please see our DMCA Policy below for more information.
WebSpot stores and uses personal data in accordance with itsPrivacy Policy. By agreeing to the terms of this TOS, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.
Violations of any of the terms outlined in the TOS or any of the conditions outlined in the AUP may result in the suspension or termination of your account without prior notice. WebSpot will attempt to notify account holders of violations, although such notification is not guaranteed, and in severe cases, termination will be immediate. Severe cases are determined by WebSpot at its sole discretion.
Should WebSpot suspend your account, the selling of your goods and services (digital, tangible, or otherwise) will be immediately halted. Access to other areas of the Service may also be prohibited. Should your account be suspended for more than 14 days, then WebSpot reserves the right to delete your account.
WebSpot, at its sole discretion, has the right to suspend your account at any time for any reason. WebSpot will not refund any membership fees paid should an account be terminated.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service and Your Products. 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.
If Your use of the Service involves payment with Stripe, You agree to comply with Stripe’s prohibitions on restricted businesses, available at https://stripe.com/restricted-businesses.
You agree to indemnify and hold harmless WebSpot 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 Products; (b) your misuse of the Service; (c) your violation of these TOS, our AUP, or any of our policies; or (d) 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, these TOS, or your access to the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICE IS 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 SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE IS FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SERVICE 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 WebSpot 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 SERVICE, 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.”
IF YOU AGREE TO ARBITRATION WITH WebSpot, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. 2. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to [email protected] . The arbitration will be conducted by JAMS under its rules and pursuant to the terms of these TOS. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available atwww.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location. 3. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and WebSpot. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these TOS (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and WebSpot. 4. Waiver of Jury Trial. YOU AND WebSpot WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and WebSpot are instead electing to have claims and disputes resolved by arbitration, except as specified in paragraph (a) above. There is no judge or jury in arbitration, and court review of an arbitration award is limited. 5. Waiver of Class or Consolidated Actions. YOU AND WebSpot AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor WebSpot is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in the Section “Exclusive Venue” below. 6. Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor WebSpot can force the other to arbitrate as a result of these TOS. To opt out, you must notify WebSpot in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: [email protected]. If you opt out of this Arbitration Agreement, all other parts of these TOS will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us. 7. Survival. This Arbitration Agreement will survive any termination of your relationship with us. 8. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.
To the extent the parties are permitted under these TOS to initiate litigation in a court, both you and WebSpot 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.
Notices shall be issued via email to the email address given at registration, or via a general posting to the Service. It is your responsibility to keep your account email address updated. WebSpot shall not be held responsible for any loss resulting from not having received a notification.
For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
If any provision of this agreement is held invalid for any reason, the remaining sections’ provisions shall continue to be valid and enforceable.
This agreement will be covered in all respects by the laws of California. Headings are for reference purposes only and shall not affect the interpretation of this agreement.
This agreement may be updated from time to time without notice upon each Merchant or User.
We respect the copyright and other intellectual property rights of others and expect Users of our website and services (collectively, the "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 Service and terminate the accounts of any users of the Service 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 Service 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 Service 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.