Terms and conditions

Last updated: 2023-12-17

GENERAL TERMS OF USE FOR ALL USERS

BY USING OUR WEBSITE AS A USER, YOU ACCEPT THESE TERMS - PLEASE READ THEM CAREFULLY

ARTICLE 1 – PURPOSE OF THE GENERAL TERMS OF USE FOR ALL USERS

As part of the online services offered by URSPOTTER, these General Terms of Use (hereinafter referred to as "GTU") are intended to inform any potential User about the conditions and terms under which the company URSPOTTER sells subscription services offered on its website.

These GTU also determine the rights and obligations of the Parties. The term "Parties" includes the company URSPOTTER as the Subscription Service Seller and Users in their capacity as Subscriber (hereinafter referred to as "Subscriber") and/or Creator (hereinafter referred to as "Creator") wishing to benefit from one or more subscription services offered by URSPOTTER.

The GTU apply to all subscription services offered by URSPOTTER on the website (hereinafter referred to as the "Site") accessible from the Internet at the following address: https://www.urspotter.com/

As such, the services offered on the URSPOTTER Site imply the full and complete acceptance of these GTU, which Users acknowledge having read prior to their registration.

These GTU are complemented by the "Privacy Policy."

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ARTICLE 2 – PROPOSED CONCEPT

URSPOTTER is a subscription and content creation platform where subscription services are offered in the field of sports.

A user of the platform can be either a Content Creator or a Subscriber who follows a Creator and can view the content shared by them.

All our services are exclusively available online via the URSPOTTER website mentioned in Article 1 of these GTU for all Users.

ARTICLE 3- CREATION OF A USER ACCOUNT AND ACCESS TO MESSAGING

To become a User on the URSPOTTER Site, you must provide the following information during registration:

Your First and Last Name
Your email address
Your password
Your age

Once your registration is completed, you have an account on the Platform.

When you use the Site to subscribe to sports content Creators, you have a Subscriber status.

3.1 Customization of your account

If you wish, you can customize your account, including changing:

Your pseudonym
Your password
Your profile picture
Your bio
Your date of birth
Your gender
Your location
Your website URL.

3.2 Warranty on the use of your account

You guarantee (meaning that you make us a legally binding promise) that for each piece of content you post, display, upload, or publish on URSPOTTER:

You undertake never to use a profile picture that may violate public order and good morals in any way, especially by infringing on the rights of others or presenting an illegal or illicit character. Therefore, any content published that does not concern the sports field will be a just and valid reason for us to delete your account.

You undertake to provide URSPOTTER via your user account with accurate, loyal, and up-to-date data that does not infringe, in any way, the rights of third parties. A User is entirely responsible for the accuracy and updating of the data communicated in the context of opening and managing their Account.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of our users. Users reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

3.3 Access to Messaging

Messaging is provided for all Users of the URSPOTTER Site. Users can use messaging to communicate with a Creator as a Subscriber once they have subscribed.

It is reminded to all Users, to preserve the security of each individual, that it is strictly forbidden to ask or exchange personal contact details with the Creator, including phone numbers, email addresses, postal addresses, or geolocation data.

ARTICLE 4 - SUBSCRIPTION AND SERVICES OFFERED

4.1 Subscription and Paid Content Prices

The subscription and paid content prices are chosen by the Content Creator. However, the subscription amount must be a minimum of one (1) euro. Therefore, subscription and paid content service prices may change by the Content Creator without notice or informing Subscribers. Thus, we will not be responsible for any modification, price changes, suspension, or interruption of the Service.

4.2 Duration of Subscriptions

URSPOTTER offers monthly subscriptions for a period of one (1) month from the payment date for subscribing to a Creator.

4.3 Modification of Subscription Prices

We may modify our subscriptions and the price of our services.

4.4 Promotional Offers

We can offer special promotional offers and subscriptions ("Offer"). Eligibility for Offers is determined solely at URSPOTTER's discretion. Therefore, we reserve the right to revoke an Offer and/or suspend a User's account if we consider you ineligible. In this sense, platform members already or recently subscribed to URSPOTTER may not be eligible for certain launch Offers. We may use information such as your email address identifier or the payment method used with an existing or recent URSPOTTER subscription to determine eligibility for Offers. Eligibility criteria and other restrictions and conditions will be disclosed when you subscribe to the Offer or in other communications made available to you.

ARTICLE 5. PROPOSED PAYMENT METHODS AND WALLET

5.1 Payment Method

The payment methods offered on our Site are:

Stripe;

Paypal.

5.2 Updating Your Payment Methods

You can update your payment methods by going to the "More" "Settings" and "Wallet" section. After any update, you authorize us to continue debiting your account via the relevant payment method(s). However, if your chosen payment methods for billing your subscriptions no longer work, you will lose access to the content offered by a Creator for which you have a subscription.

5.3 Wallet

All users have a wallet credit. You can prepay an amount on URSPOTTER that you can use later to make Subscriber payments to access Creator content. Wallet credits are non-refundable, meaning you are not entitled to a refund of wallet credits.

5.4 Refunding a Payment to a Creator

You agree not to make unjustified refund requests for a Subscriber/Creator transaction or tip to a Creator or unjustified chargebacks from your payment card provider. If we believe that a refund or chargeback request has been made by you in bad faith, we have the right to suspend or delete your user account.

ARTICLE 6 - FEES AND TERMINATION

6.1 Billing Duration

Subscription fees will be billed via your Payment Method on the specific payment date indicated under the "Wallet" section. The duration of your billing cycle depends on the type of subscription you chose when you signed up for the service. To know the date of your next billing, please access the URSPOTTER Site and click on the "More," "Settings," and "Payment" section. If you signed up for URSPOTTER using an account you hold with a third party as a payment method, you can find billing information about your URSPOTTER subscription by checking your account with the concerned third party.

6.2 Termination

You have the option to terminate your subscription to a Creator at any time and will continue to have access to Creator content until the end of your billing period. In other words, if you terminate your subscription, your access to Creator content will automatically close at the end of your current billing period.

Regarding termination with a Creator, payments are non-refundable, and we do not provide any refunds or credits for partial use periods or any unused URSPOTTER content.

To terminate your subscription, go to the Menu, "Subscription" and " Delete Subscription".

6.3 User Account Deletion Request
At any moment, users have the option to request the deletion of their URSPOTTER account. To initiate this process, users can navigate to the 'contact' section at the bottom of the first page. Simply provide the user's email, specify 'account cancellation' in the subject line, and, if desired, state the reason in the message box. URSPOTTER is committed to promptly deleting the account along with all associated information.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ARTICLE 7. CODE OF CONDUCT IMPOSED ON ALL USERS
URSPOTTER pays special attention to establishing a climate of trust between each User, whether they are a Subscriber or Creator. While navigating the Site, especially when exchanging messages via messaging, the User commits and guarantees that they will not violate any legal or regulatory provisions and will not behave contrary to public order and good morals. The User undertakes to respect the rules of politeness, courtesy, and good manners in their interactions with the Creator and other Users. In particular, the User prohibits any message and behavior: Including hateful content, inciting hatred, containing insults or slander; Constituting harassment.
Endorsing or encouraging any form of discrimination based on race, ethnic origin, religion, disability, gender, age, sexual orientation, or identity, physical appearance. The User prohibits any publication that does not concern the sports domain. The User also prohibits transferring money to the Creator outside the Platform for services provided on the Platform. The User is informed that, without prejudice to their confidentiality obligation, URSPOTTER may verify the content of communications between the User and the Creator at the request of the concerned Creator. Therefore, any proven abusive behavior towards Creators, especially during exchanges related to communication, will result in an immediate suspension of the User's Account, without prejudice to any legal action that may be taken, and damages that may be sought by the Creator or URSPOTTER, if applicable.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
- ARTICLE 8 - INTELLECTUAL PROPERTY RIGHTS
- All elements present on the site and the site itself are protected by intellectual property law.
  By "elements," we mean, without limitation: photographs, images, drawings, illustrations, texts, videos, logos, trademarks, models, software...
  
  These elements belong to the Site or are used with the agreement of their owners.
  
  As such, any reproduction, representation, use, adaptation, modification, incorporation, translation, commercialization, partial or complete, by any means and on any medium whatsoever (paper, digital...) is prohibited without the prior written authorization of the company URSPOTTER, except for the exceptions provided for in Article L122.5 of the Intellectual Property Code, under penalty of constituting an offense of copyright and/or design and model counterfeiting and/or trademark, punishable by 4 years of imprisonment and a fine of 400,000 euros.
  
  ARTICLE 9. PROTECTION OF PERSONAL DATA
  
  Except for payment options involving direct bank transfer payment, we do not store any data that you disclose when you register your payment options with a third-party payment provider.
  
  We reserve the right to refuse service to anyone for any reason at any time.
  
  You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  
  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
  
  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
  
  ARTICLE 10. APPLICABLE LAW AND JURISDICTION
  
  These Terms of Use are governed by French law. It must be applied and interpreted in accordance with this law. In the event of a dispute, the French courts have exclusive jurisdiction.
- ARTICLE 11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
  
  We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  
  You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
  
  You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
  
  In no case shall URSPOTTER, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.
- SPECIFIC TERMS OF USE FOR CONTENT CREATORS
  
  ARTICLE 1 – PURPOSE OF THE GENERAL TERMS OF USE FOR ALL CONTENT CREATORS
  
  These terms of use for Content Creators are additional conditions that apply if you use URSPOTTER as a Creator.
  
  These terms of use for Creators are part of your agreement with URSPOTTER.
  
  ARTICLE 2. USE OF THE SITE WITH A CREATOR ACCOUNT
  
  2.1 Creation of the Creator Account
  
  Regarding the creation of your account, you must provide the following information:
  - Your First and Last Name;
  - Your email address;
  - Your password;
  - Your age.
  2.2 Method of Payment for the Transfer of Your Earnings
  
  You will need to add a bank account to your user account or the payment details of your bank account or a payment method.
  
  You will need to select from the available methods provided by URSPOTTER how your Creator earnings will be transferred to you on the user account page.
  
  We may ask you for additional information about age or identity verification at any time to validate your Creator account.
  
  2.3 Choice of Monthly Subscription Fees Offered to Your Subscribers
  
  Once you have set up your account as a Creator, if you want to charge your subscribers monthly subscription fees, you will need to set the price of your subscription for your subscribers under the...
  
  You can then start adding content, and users can subscribe to your account to become your subscribers.
  
  If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so.
  
  However, if you no longer remember the email address used to set up the account, we may ask you to provide identity documents and photos for security reasons. We may also ask for any additional evidence and justifications that we may reasonably require to prove your identity.
  
  2.4 Personal Legal Liability of Creators
  
  Only individuals can be Creators.
  
  Each Creator is personally bound by the Terms of Use.
  
  If you have an agent, an agency, a management company, or another third party assisting you in operating your Creator account (or operating it on your behalf), it does not affect your personal legal liability.
  
  Our relationship is with you, not with a third party, and you will be legally responsible for ensuring that all published content and any use of your account complies with the terms of use.
- ARTICLE 3. BILLING FEES AND TRANSACTIONS
  
  3.1 Billing Fees Reversed to URSPOTTER
  
  When a User wants to become a Content Creator on the URSPOTTER Site, we charge you a fee of twenty percent (20%) of all subscription payments made to you.
  
  The remaining eighty percent (80%) of subscription payments, defined as your personal earnings as a Content Creator, are payable to you.
  
  Our fees include the costs of providing, maintaining, and operating URSPOTTER, as well as storing your content.
  
  Our fees are deducted from the payments received from Subscribers, and Creator earnings are paid to you as described in the Creator Payments section.
  
  3.2 Subscriber and Creator Transactions
  
  All Subscriber and Creator transactions are contracts. While we facilitate transactions between Subscribers and Creators through the URSPOTTER Site and store Content, we are not a party to the Subscriber and Creator contract or any other contract that may exist between a Subscriber and a Creator, and we are not responsible for any transaction between a Subscriber and a Creator.
  
  Subscriber payments are exclusive of VAT, which must be added at the current applicable rate to subscriber payments.
  
  Furthermore, your content is not confidential, and you authorize your Subscribers to access and view your content on URSPOTTER for their own legal and personal use and in accordance with any license you grant to your Subscribers.
  
  If you have chosen the Stripe payment option, Stripe will collect payment from Subscribers and pay Creator earnings to your bank account.
  
  When Stripe is not the payment option you have chosen, our fees will be deducted from received Subscriber payments, and your Creator earnings will be held by us or by one of our subsidiaries on your behalf.
  
  Your wallet will be updated within a reasonable time with your Creator earnings. Your Creator earnings become available for withdrawal once they appear in your wallet.
  
  All Subscriber payments and earnings you receive are processed in USD only. If you have chosen the "Stripe" payment option, the figures for Subscriber payments and Creator earnings will be reflected in your local currency at an exchange rate controlled by Stripe.
  
  For information, your bank may charge you currency conversion or transfer fees to receive your earnings in your bank account. We have no control over exchange rates or fees imposed by your bank or e-wallet company.
  
  If a Subscriber wishes to proceed with the refund through their banking institution or credit card provider, we reserve the right to investigate and decide to deduct from your account an amount equal to the Creator earnings received.
  
  Below are situations in which we may withhold Creator earnings:
  - If you have or could have seriously violated part of the terms of use repeatedly;
  - If you attempt or threaten to violate part of the Terms of Use in a way that, in our opinion, has or could have serious consequences for us or another user (including actual or possible losses caused to us or another user);
  - If we suspect that any or all of the earnings received by a Creator result from illegal or fraudulent activity, whether by a Creator or a Subscriber;
  - If, once our investigation is complete, we determine that a Creator's earnings are confiscated, we will do our best (unless prohibited by law) to return payments made by Subscribers to them.
  ARTICLE 4. TERMS OF PUBLISHED CONTENT BY A CREATOR
  
  4.1 Warranty on Shared Content
  
  You warrant (meaning you make a legally enforceable promise to us) that for each piece of content you publish, display, upload, or post on URSPOTTER:
  - The Content fully complies with the Terms of Use;
  - You have all necessary rights to license and process your content on URSPOTTER, including in each territory where you have Subscribers;
  - You own your Content (and all intellectual property rights thereto), or you have a valid license to offer and provide your sports content to your Subscribers;
  - If your Content includes or uses third-party material, you have obtained all necessary rights, licenses, written consents, and disclosures needed to use that third-party property in your Content and for the subsequent use and exploitation of that Content on URSPOTTER.
  - Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
    
    We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
  - We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
    
    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
    
    For more detail, please review our Returns Policy.
  4.2 Requirements for Shared Content and Indemnification
  
  Content must be:
  - Of satisfactory quality, taking into account any description of the Content, the price, and any other relevant circumstances, including any statement or representation you make about the nature of the Content on your account or in any advertisement;
  - Suitable for the sports domain;
  - As described by you.
  Therefore, you agree to be responsible to us and indemnify us if any of the warranties are false.
  
  URSPOTTER is not responsible and does not endorse any aspect of any content published by a Creator or any other user outside the sports domain. We have no obligation to monitor any content and have no direct control over what your content may include.
- 4.3 Advertising Content on URSPOTTER
  
  If you publish or upload video content to your Creator account that is designed to promote, directly or indirectly, a good, service, or image of third parties in exchange for payment, other valuable consideration, or for self-promotion (including advertising, sponsorship, and product placement), you must comply with the requirements outlined below:
  - Not prejudice human dignity;
  - Not include or promote discrimination based on gender, racial or ethnic origin, nationality, religion or beliefs, disability, age, or sexual orientation;
  - Not encourage behaviors harmful to health or safety;
  - Not encourage behaviors that grossly harm environmental protection;
  - Not cause physical, mental, or moral harm to any person;
  - Not directly incite people to buy or rent goods or services in a way that exploits their inexperience;
  - Not directly encourage people to persuade others to buy or rent goods or services;
  - Not exploit people's trust in others or unreasonably depict people in dangerous situations;
  - Not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription medication;
  - Not advertise, promote, or facilitate illegal gambling, and concerning any advertising content for alcoholic beverages, not target minors and not encourage immoderate alcohol consumption;
  - Declare that any advertising content you publish or upload to URSPOTTER complies with transparency requirements towards your Subscribers and include the hashtag #ad in the advertising content caption before publishing or uploading it.
  4.4 Co-Written Content
  
  If you upload content to your Creator account that shows someone other than yourself or in addition to yourself (even if that person cannot be identified from the content) ("co-written content"), you warrant (meaning you make a legally enforceable promise to us) that each person displayed in any co-written content uploaded to your account is:
  - A creator on URSPOTTER;
  - A consenting adult.
  As a Creator, you have verified the identity and age of each person. In this regard, we may ask you to provide us with all supporting documents to verify the accuracy of the information.
  
  You further warrant that you have obtained and maintain the written consent of each person shown in your co-written content that this person:
  - Has given their express, prior, and fully informed consent to their appearance in the co-written content;
  - Has consented to the co-written content in which he or she appears being published on URSPOTTER.
  You agree that if you upload co-written content where the other person or persons appearing in the content maintain a creator account on URSPOTTER, you will tag the URSPOTTER account(s) of any person or persons appearing in the co-written content who can be identified from it.
  
  If co-written content is a work of co-authorship, you are solely responsible for obtaining all necessary licenses or consents from any other co-author of the content that are sufficient to enable the upload and availability of this content on URSPOTTER.
  
  You agree that we will only make the payment of creator earnings to the creator's account on which the co-written content is uploaded. The Creator who uploaded the Co-Written Content is solely responsible for dividing and distributing any revenue generated by the Co-Written Content among the persons featured in that Co-Written Content. Such a revenue-sharing agreement will be an independent and private agreement between you and that person(s), and we are not responsible for providing or enforcing such agreements. You understand and agree that you are not entitled to any creator earnings earned on any co-written content in which you appear but is displayed on another creator's account. If you upload co-written content to your account, we may ask you to provide valid and complete legal information for all persons appearing in the co-written content. If you do not provide the information we have requested at our request, we may remove the co-written content, restrict your rights and permissions to publish as a creator, terminate your account, and/or withhold all or part of the creator earnings earned but not yet paid.
  
  You agree to release us and not make claims against us arising from the co-written content. You agree that all claims arising from the co-written content will be made against the creator(s) who posted co-written content or the person(s) who appeared in the co-written content (as applicable).
- 4.5 User Comments, Feedback and Other Submissions
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
  
  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  
  You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
  
  Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
- ARTICLE 5. PROMOTING TAX COMPLIANCE AND VAT
  
  We recommend that all Creators seek professional legal or tax advice to ensure that they comply with their local tax and VAT rules, depending on their personal situation.
  
  By using URSPOTTER as a Creator, you warrant (meaning you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of URSPOTTER to the competent tax authority in your jurisdiction, and as required by law.
  
  By using URSPOTTER as a Creator, you warrant (meaning you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to taxation that apply to you. If, at any time while you have a Creator account on the URSPOTTER Site, a tax non-compliance occurs with respect to you (including a failure on your part to declare income or the imposition on you of a penalty or interest related to tax), or if a dispute, investigation, or inquiry is initiated against you that is related to or that may lead to tax non-compliance, you agree to:
  - Inform us by email in the contact section in writing within seven (7) days of the occurrence of tax non-compliance or the start of the dispute, investigation, or inquiry (as applicable);
  - Provide us promptly by email in the contact section with details of the steps you are taking to remedy the occurrence of tax non-compliance and to prevent it from happening again, as well as any mitigating factors you deem relevant; and any other information relating to the occurrence of tax non-compliance that we may reasonably require.
  To avoid doubt, you are responsible for your own tax affairs, and URSPOTTER is not responsible for advising you on your tax affairs and will not be liable with regard to the general information provided on URSPOTTER regarding taxation, and will not be responsible for any non-payment of tax by creators. We reserve the right to close your URSPOTTER account if we are informed or become aware of any tax non-compliance on your part.
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.