Terms of use
Effective January 1st 2010
Welcome to OpenWiFiSpots. The following are the rules ("Terms") that govern
use of the OpenWiFiSpots Web site ("Site"). By using or visiting the Site,
you expressly agree to be bound by these Terms and to follow these Terms and all
applicable laws and regulations governing the Site. OpenWiFiSpots reserves the right to change these Terms at any time, effective immediately upon
posting on the Site.
Permitted Use
You agree that you are only authorized to visit, view, and retain a copy of pages
of this Site for your own personal use, and that you shall not duplicate, download,
publish, modify, or otherwise distribute the material on this Site for any commercial
use, or for any purpose other than as described in these Terms. You also agree not
to deep-link to the Site for any purpose in a manner not approved by OpenWiFiSpots.
USE VOID WHERE PROHIBITED
Use of the Site is void where prohibited. By using this Site, you represent and
warrant that you have the right, authority, and capacity to enter into this Agreement
and to abide by all the Terms and Conditions of this Agreement.
Posting Comments
or Reviews on OpenWiFiSpots reserves the right, but not the
obligation, to refuse to post or to remove any Comment or Review if it contains
or features any of the following unacceptable content:
- Offensive, harmful and/or abusive language, including without limitation: expletives,
profanities, obscenities, harassment, vulgarities, sexually
- explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity, malpractice, purposeful overcharging, false advertising
or health code violations (e.g., food poisoning, foreign objects in food, etc.)
- False or intentionally misleading.
- Reviews that do not address the goods and services of the business or reviews with
no qualitative value as determined by OpenWiFiSpots in its sole discretion.
- Reviews commenting on other people
- Content that contains personal attacks or describes physical confrontations and/or
sexual harassment.
- Seeks or recommends providers of material that exploits people under the age of
18 in a sexual or violent manner, or seeks or recommends providers that solicit
personal information from anyone under 18.
- Excessive damage caused by business or service to person or property.
- Personal information or messages including email addresses, URLs, phone numbers
and postal addresses.
- Messages that are advertising or commercial in nature, or are inappropriate based
on the applicable subject matter.
- Language that violates the standards of good taste or the standards of this Website,
as determined by OpenWiFiSpots in its sole discretion.
- Content determined by OpenWiFiSpots to be illegal, or to violate any federal,
state, or local law or regulation or the rights of any other person or entity.
- Language intended to impersonate other users (including names of other individuals)
or offensive or inappropriate user names or signatures.
- Content that is not in English, that is encrypted or that contains viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming routines that
are intended to damage, interfere with, intercept or appropriate any system, data
or personal information.
- Any copyrighted material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights.
Comments and Reviews are not endorsed by OpenWiFiSpots
Comments and Reviews do not reflect the views of OpenWiFiSpots; its parent, subsidiary
or affiliated companies; or its employees, officers, directors, or shareholders.
OpenWiFiSpots does not assume responsibility or liability for any Review or for
any claims, damages, or losses resulting from any use of the Site or the materials
contained therein.
Comments and Reviews are owned by OpenWiFiSpots
Comments Reviews that are submitted to OpenWiFiSpots shall be owned exclusively
and in perpetuity by OpenWiFiSpots. Such exclusive ownership means that OpenWiFiSpots,
its parent, subsidiary, and/or affiliated companies have the unrestricted, perpetual,
and exclusive right to use, reproduce, modify, translate, transmit, and distribute
any and all materials and communications regarding and including submitted Reviews.
OpenWiFiSpots is under no obligation to give credit or pay any consideration to
you for your Reviews.
Contact Us
If you see objectionable content or have any questions about these Terms of Use,
please contact OpenWiFiSpots at
info@openwifispots.com.
Links and Search Results
The Site may automatically produce search results that reference or link to third-party
sites throughout the World Wide Web. OpenWiFiSpots has no control over these sites
or the content within them. OpenWiFiSpots cannot guarantee, represent, or warrant
that the content contained in these sites is accurate, legal, and/or inoffensive.
OpenWiFiSpots does not endorse the content of any third-party site, nor do we
warrant that it will not contain viruses or otherwise impact your computer. By using
the Site to search for or link to another site, you agree and understand that you
may not make any claim against OpenWiFiSpots for any damages or losses, whatsoever,
resulting from your use of the Site to obtain search results or to link to another
site. If you have a problem with a link from the Site, please notify OpenWiFiSpots
at
info@openwifispots.com, and OpenWiFiSpots will investigate your claim and
take any actions OpenWiFiSpots deems appropriate at our sole discretion.
Business listings located on OpenWiFiSpots are selected for display in search
results based primarily on their content in relation to the user-provided search
terms. Consequently, both customer and non-customer listings will be included in
a search results list, and OpenWiFiSpots will not discriminate based on whether
a business is a customer with regard to placement or inclusion in the business listings.
OpenWiFiSpots customers do not pay to be included in certain search result listings
or to retain a specific ranking unless they are specifically participating in various
advertising programs wich are labeled as such.
OpenWiFiSpots customer listings may be rotated within the search results due to
a number of factors, none of which are determined by paid inclusion or paid placement.
Thus, such variable placement of OpenWiFiSpots customers is not intended to displace
non-customer search results placement or inclusion. Indeed, non-customers with a
good deal of quality content could appear higher on search result returns than OpenWiFiSpots
customers.
Offline Conduct
Although OpenWiFiSpots cannot monitor the conduct of its users off the Site, it
is a violation of these rules to use any information obtained from this Site in
order to harass, abuse, or harm another person, or in order to contact, advertise
to, solicit, or sell to any user without his/her prior explicit consent.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual
process to monitor or copy our Web pages or the content contained thereon or for
any other unauthorized purpose without our prior expressed written permission. You
agree that you will not use any device, software, or routine to interfere or attempt
to interfere with the proper working of the Site. You agree that you will not copy,
reproduce, alter, modify, create derivative works from, or publicly display any
content (except for your own personal, non-commercial use) from our Web site without
the prior expressed written permission of OpenWiFiSpots.
Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized
framing of or linking to the Site or unauthorized use of any robot, spider, or other
automated device on the Site, will be investigated and subject to appropriate legal
action, including, without limitation, civil, criminal, and injunctive redress.
Children
You may not use the Site if you are under thirteen (13) years of age. Violation
of the Terms You agree that monetary damages may not provide a sufficient remedy
to OpenWiFiSpots for violations of these terms of use and you consent to injunctive
or other equitable relief for such violations.
DISCLAIMERS
OpenWiFiSpots DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED,
OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH,
OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE"
BASIS. OpenWiFiSpots CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL
BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OpenWiFiSpots DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. OpenWiFiSpots WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.
OpenWiFiSpots disclaims any and all liability for the acts, omissions, and conduct
of any third-party users, OpenWiFiSpots users, advertisers, and/or sponsors on
the Site, in connection with the Site, or otherwise related to your use of the Site.
OpenWiFiSpots is not responsible for the products, services, actions, or failure
to act of any third party in connection with or referenced on the Site. Without
limiting the foregoing, you may report the misconduct of users and/or third-party
advertisers or service and/or product providers referenced on or included in the
Site to OpenWiFiSpots at
info@openwifispots.com.
OpenWiFiSpots may investigate
the claim and take appropriate action, at its sole discretion.
LIMITATION ON LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL OpenWiFiSpots
BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF OpenWiFiSpots HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Disputes
If there is any dispute about or involving the Site, you, by using the Site, agree
that the dispute will be governed by the laws of the State of Washington without
regard to its conflict-of-law provisions. You agree to personal jurisdiction by
and venue in the state and federal courts of the State of Washington City of Seattle.
Indemnity
You agree to indemnify and hold OpenWiFiSpots, its subsidiaries, affiliates, officers,
agents, and other partners and employees harmless from any loss, liability, claim,
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your use of the Site, including your use of the Site to provide
a link to another site or to upload content or other information to the Site.