Spotobe.com Terms of Service

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. The Spotobe.com web-site (the "Website" or "Spotobe") is provided by Harrisburg Hershey Regional Visitors Bureau ("HHRVB") and/or its affiliates and subsidiaries for your and others' personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto ("Terms and Conditions"), and the rules that may be published from time to time by Spotobe.

Acceptance of Agreement

By using this site, you are deemed to have agreed to these terms and conditions of use. Spotobe may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on Spotobe.com. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.

Copyrighted Material

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not lim-ited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or mate-rials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

Service Marks

Spotobe.com and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Website may be trademarks of their respective owners.

User Conduct

This Website and any communications service, including the capability to con-tribute material through the contribution form (each such submission, a "Contribution"), chat room, message board, newsgroup, or other interactive ser-vice that may be available to you on or through this site (collectively, the "Services") are provided to you solely for entertainment purposes. By using the Website and Services you agree: (a) to provide true, accurate, current and com-plete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Spotobe reserves the right to terminate your access and refuse any and all current or future use of the Services.

Without limitation of the foregoing, you agree to not use the website or Ser-vices to:

• Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, including any Contribution, (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
• Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individ-ual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a Spotobe official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Website;
• Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprie-tary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
• Act in a manner that negatively affects other users' ability to engage in the Website or Services;
• Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regula-tions of networks connected to the Service; or
• Intentionally or unintentionally violate any applicable local, state, na-tional or international law.

You acknowledge that Spotobe is not responsible for material submitted to Spo-tobe or posted to the Website by users. Spotobe does not pre-screen, monitor, review or edit the Content posted by users. However, Spotobe and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in Spotobe's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropri-ate or inaccurate. Spotobe is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Spotobe. You agree to immediately notify Spotobe of any unauthorized use of the Service or any other breach of security known or suspected by you.

You acknowledge and agree that Spotobe may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Spotobe, its users or the public.

You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Spotobe assumes no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to Spotobe.com.

Any or all Content on the Website may be purged periodically in Spotobe's sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by Spotobe or submitted to Spotobe, including Content. You further acknowledge and agree that the views expressed on the Website do not necessarily reflect the views of Spotobe, and Spotobe does not support or endorse Content (including any Contribution, whether or not edited by Spotobe or its designee or presented on the Website edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.

Unsolicited Materials

In operating this site, Spotobe does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or Spotobe mail and e-mail addresses or in any other way. Any information or material submitted or sent to Spotobe, will be deemed not to be confidential or secret. By submitting or sending information or other material to Spotobe you represent and warrant that the information is original to you and that no other party has any rights to the material.

User's Grant Of Limited License

By communicating with Spotobe, including submitting or sending Content, a Contribution or other information or material to Spotobe.com, you grant Spotobe the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a Spotobe feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to Spotobe.

You also warrant that any "moral rights" in posted materials have been waived.

Linked Sites

You may be able to link to third parties' Websites ("Linked Sites") from the Spotobe Website. Linked Sites are not, however, reviewed, controlled, or ex-amined by Spotobe in any way and Spotobe is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Spotobe's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Spotobe be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. Spotobe reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.

SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

Permission must be granted by us for any type of link to Spotobe.com. To seek our permission, you may write to Spotobe. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our discretion at any time.

Contests, Promotions, Simulations or Games

From time to time, Spotobe may offer as part of the Services, either on or through the Website, contests, promotions, simulations or games (collectively, "Games"). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Spotobe. Registered users (each, a "Registered User") are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. Spotobe, at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release Spotobe and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Website. Spotobe is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Game.

Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User. A Registered User who violates any of the rules or guidelines for behavior published on the Website, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. Spotobe is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.

Spotobe reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.

Intellectual Property Rights

All materials contained in this Website are the copyrighted property of Spotobe and its affiliates or licensors. As between Spotobe and you, Spotobe is the sole owner of all content on the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

Editorial Policy

Spotobe features are selected by our editorial team. You cannot buy this space. You can buy advertising, which is labeled as such. Selling our main content areas would ruin the legitimacy, integrity and fun of Spotobe and we would lose your trust by doing that. So, rest assured, we don’t earn commissions when you eat out, see a show or go to a hockey game that you found on Spotobe.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.

Disclaimer Of Warranties

THE WEBSITE IS PROVIDED “AS IS.” SPOTOBE AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER SPOTOBE NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. IF YOU’RE ACTUALLY READING THIS, HERE’S A TREAT. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.

Limitation Of Liability

IN NO EVENT WILL SPOTOBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF SPOTOBE OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SPOTOBE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You shall be responsible for and agree to indemnify and hold harmless Spotobe, HHRVB, its agencies, departments, officials, agents and employees from any losses, damages, expenses, claims, demands, suits, or actions, including reasonable attorneys’ fees made by any third party due to or arising from your use of this site, information obtained from the site, information which you provided to the site, your connection to the site, your violation of these terms and conditions, or your violation of any rights of another.

Applicable Laws/Jurisdiction

This agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. You hereby consent to the exclusive jurisdiction and venue of appro-priate Pennsylvania court in all disputes arising out of or relating to the use of this site. Spotobe’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Spotobe’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the site or in-formation provided to or gathered by Spotobe with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Spotobe with respect to this site and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and the Spotobe with respect to the site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Provisions Unenforceable or Invalid

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Spotobe may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

If you have any questions about this policy or our site in general, please contact us.