1. Introduction

• PoiSpot, LLC (“PoiSpot,” “we,” “us,” or “our“), an Arizona corporation, created these Terms and Conditions (“Terms”) to govern your use of the website accessible through http://poispot.com, our social media channels, and all related digital applications (collectively, the “Service”) offered by us through the Apple App Store and Google Play Store.
• By using the Service–whether simply viewing or submitting content, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
• Use of the Service is available to individuals who are at least 18 years old. If you are 13-17 years old, you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By agreeing to these terms, you represent and warrant that you are at least 18 years of age (or the age of legal minority under applicable law), or if not, that you have reviewed these Terms with your parent or legal guardian and that person agrees to be bound by these Terms.

2. Intellectual Property Rights

• All material on the Service, unless otherwise noted, is the property of PoiSpot and protected by U.S. copyright law, foreign laws, and international conventions and may not be used, copied, reproduced, transmitted, displayed, published, broadcast, sold, licensed, or exploited for any other purposes without our expressed, written permission. Material includes text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like.
• We retain all right, title, interest in and to the Service and all related patent, copyright, trademark, trade secret, right of publicity, or any other intellectual proprietary or property right (“Rights”).
• PoiSpot’s name, logo, and service marks are trademarked and may not be used without our express, written permission.

3. User Conduct

• You agree to use the Service in a manner that is lawful, respectful, and does not violate the rights of others.
• You are prohibited from engaging in any activity that is illegal, harmful, abusive, or discriminatory.
• You must not try to hack or interfere with the proper working of the Service, attempt to bypass restricted access, or artificially alter any voting or rating mechanism.
• You must not use the Service to:
  
  • Post or share content that is libelous, defamatory, obscene, or infringing on copyright or intellectual property rights.
  • Abuse, harass, threaten, intimidate, or impersonate another user or entity.
  • Solicit or engage in illegal activities.
  • Create spam, transmit unwanted communication, deploy multi-level marketing schemes, or create links to off-topic content.
  • Distribute viruses or malware.
  • Violate the privacy of others or try to obtain password, account or private information from users of the Service.

We reserve the right to remove any content or terminate any user account that violates these Terms.

4. User Submissions

When you submit or upload content to the Service, you represent and warrant the following:

• You own all copyright in the User Content, or if you are not the owner, you have obtained all necessary rights required to use the User Content in the Service;
• The User Content will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trademark, patent or rights of privacy or publicity;
• The User Content and your use of the Service will comply with all applicable law, rules and regulations;
• The User Content does not contain material that defames or vilifies any person, people, genders, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
• The User Content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
• The User Content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.

If User Content breaches these Terms, we reserve the right, in our sole discretion, to remove any User Content from the website and/or cancel your account. You agree to indemnify PoiSpot in respect to any direct or indirect damage caused by your breach of these Terms.

5. Content Ownership

• You retain ownership of the content you post on the Service.
• You grant us an irrevocable, non-exclusive, worldwide, royalty-free and transferable license to use, reproduce, modify, distribute, and prepare derivative works of your content for the purposes of operating and promoting the Service in any media formats and media channels.
• You also grant any user of the Service the right to access your User Submissions and use, reproduce, distribute and create any derivative works as permitted through the functionality of the Service and under these Terms.
• You warrant that you have the right to post the content you share on the Service.
• You agree that we may remove content that violates these Terms or applicable laws.

6. Privacy

• Our Privacy Policy, which is incorporated into these Terms, explains how we collect, use, and share your personal information.
• Please review our Privacy Policy carefully before using the Service.

7. Third Party Content and Services

The Service may include third-party content and links to websites or content owned or operated by third parties (“Third Party Content”). We do not own or control any Third Party Content and do not endorse any third parties. If you use any third-party services, you assume all risks and liabilities.

8. Visiting Places You Find on the Service

When you use the Service to find places to visit, be aware that we cannot guarantee all information about locations is accurate or up-to-date. Information on the Service does not imply that visiting a location is legal or safe. You should not trespass or try to gain access to Private Property. You are solely responsible for obtaining all required permissions to approach or enter Private Property in connection with your use of the Service. You agree to be mindful and respectful of places you visit in connection with your use of the Service and should not create unsafe conditions, excessive noise, or other disturbances. Visiting certain places that you learn about via the Service can be dangerous and could involve difficult-to-access or treacherous locations. Visiting such locations could involve risk of injury, death, property damage, and other dangers. You understand that PoiSpot cannot and does not assume responsibility for any personal injury, death, or property damage, all of which are at your own risk.

9. Purchases through the Service

Through our Service, you may have the opportunity to buy various products and services, including tours, subscriptions, and merchandise (“Offerings”). To make a purchase, you may need to provide personal information to our third-party payment processors. Please note that we do not store your payment information. We reserve the right to:

• Limit sales of Offerings to any person or geographic location
• Change descriptions and pricing of Offerings at any time without notice
• Discontinue any Offering at any time
• Refuse any order

If we need to make changes to or cancel an order, we will attempt to notify you using the email address and/or billing address/phone number you provided when placing the order. You agree to provide accurate and up-to-date purchase and account information for all purchases made through our Service. Please note that our Service may contain typographical errors, inaccuracies, or omissions related to Offering descriptions, pricing, promotions, and more. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders without prior notice. Cancellation and Refund PolicyAll purchases are final upon purchase. No refunds will be given, unless an error occurs due to a technical issue. PoiSpot reserves the right to provide a Goodwill refund–as long as the user history shows no signs of refund abuse or irregularity. If you’re not satisfied with your purchase or have questions about an order, please contact us at info@poispot.com within 15 days of your purchase.

10. Limitation of Liability

• PoiSpot is not liable for any damages, including but not limited to, direct, indirect, incidental, consequential, or punitive damages, arising out of your use of the Service.
• We make no warranties or representations regarding the Service’s accuracy, reliability, or availability.
• The Service is controlled and offered by PoiSpot from its facilities in the United States of America. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
• You agree that your overall use of the Service is at your own risk.
• You agree to indemnify, defend, and hold PoiSpot, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts or your failure to act when using the Service.

11. Reporting Inappropriate Content

PoiSpot reserves the right to remove any User Content that defames or vilifies any person, people, races, religion or religious group or is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or objectionable. We appreciate your help in alerting us to any such User Content you see through our Service by contacting us at info@poispot.com. If you believe your privacy, copyright, or intellectual property rights are being infringed, you can make a formal complaint requesting a removal or modification to content by contacting us at info@poispot.com. Please include the following information:

• Your name, phone number, email, and mailing address
• Information where the infringing content can be found
• Nature of the issue
• Relevant laws or legal regulations related to the dispute
• Proof of your ownership rights (if the request is related to intellectual property rights)
• Written statement of how you would like your information treated
• Your physical or electronic signature, as the intellectual or private property owner

12. Termination

• We may terminate your access to the Service at any time, for any reason, with or without notice.
• You may terminate your account at any time by following the instructions provided in the Service.

13. Modifications

• We may modify these Terms at any time.
• We will post any changes to these Terms on our website.
• Your continued use of the Service after any changes to these Terms constitutes your acceptance of the changes.

14. Governing Law

• These Terms are governed by the laws of the State of Arizona.
• Any disputes arising out of or in connection with these Terms shall be resolved in the courts of the State of Arizona.

15. Sellers

Individuals who wish to sell tours and subscriptions using the PoiSpot service platform must agree to these Terms and Conditions as well as the PoiSpot Privacy Policy.Definitions

• “Seller” refers to any individual or business entity offering subscriptions, tours, or related services for purchase via the PoiSpot Service.
• “User” refers to any individual who uses the PoiSpot Service to discover, view, or purchase tours and offerings.

Registration and Account CreationTo list tours and services on the PoiSpot Service, sellers must ensure quality profile information on the PoiSpot Service. You agree to provide accurate, complete, and up-to-date information when registering for an account, updating your profile, and engaging in commerce. You are responsible for maintaining the confidentiality of your account information, including your username and password. Offering Tours and Services

As a seller, you may use the PoiSpot Service to:

• List and describe your tours, subscriptions, and related services (the “Offerings”).
• Set pricing, schedules, and availability for your Offerings.
• Provide accurate, complete, and non-deceptive descriptions of your Offerings, including all relevant details (e.g., duration, location, age restrictions, etc.).

Pricing and Payments

• Pricing: Sellers are solely responsible for setting the price for your Offerings. All prices must be clearly stated in the Service and are subject to applicable taxes or fees.
• Payment: Payments for Offerings will be processed through the PoiSpot third-party payment providers.
• Service Fee: In using the PoiSpot Service, sellers agree to pay a 18% service fee for each user purchase.

Cancellation and Refund PolicyPoiSpot will manage cancellations and refunds, but is not responsible for any disputes related to these matters. All purchases are final upon purchase. No refunds will be given, unless an error occurs due to a technical issue. At which point, PoiSpot will reverse the charge and reverse the payment provided to the seller. PoiSpot reserves the right to provide a Goodwill refund–as long as the user history shows no signs of refund abuse or irregularity–in cases where user dissatisfaction is clearly warranted, such as the presence of inaccuracies or fraud created by the seller. At which point, the seller could be charged up to 100% of the purchase cost, including fees. Liability and Indemnification

• Seller Liability: Sellers are responsible for the quality and safety of the Offerings you provide. Sellers agree to comply with all applicable laws, regulations, and industry standards while delivering services.
• Indemnification: Sellers agree to indemnify, defend, and hold harmless PoiSpot, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to their Offerings, services, or violation of these Terms.

User Interactions and Feedback

• User Reviews: Users may leave reviews and feedback on seller Offerings. Sellers acknowledge that the PoiSpot may moderate reviews, but it is not responsible for the content of user-generated feedback.
• Conduct: Sellers agree not to engage in any conduct that could harm the reputation of PoiSpot or its Users. This includes abusive language, fraudulent behavior, or discriminatory practices.

Intellectual Property

• Seller Content: Sellers retain ownership of any content they upload, including descriptions, images, and videos. By uploading content to the PoiSpot Service, sellers grant PoiSpot a worldwide, royalty-free license to use, display, and distribute, and prepare derivative works of your content for the purposes of operating and promoting the Service in any media formats and media channels.
• App Content: Sellers acknowledge that all intellectual property rights in the PoiSpot Service, including but not limited to the software, design, and branding, remain with PoiSpot or its licensors.

Prohibited Content

Commerce content on PoiSpot must comply with all PoiSpot Terms and Conditions, especially the section on “User Submissions,” which prohibits violations related to laws and regulations, copyright laws, intellectual property, human and privacy rights, malicious code, and fraudulent schemes. Examples of prohibited content include: Promotion of illegal gambling, sexual or human trafficking, hate group activity, and the illegal selling and trading of drugs, weapons, and stolen goods. Termination and SuspensionPoiSpot reserves the right to suspend or terminate seller account if you violate these Terms, engage in fraudulent activity, or fail to comply with applicable laws. Upon termination, your right to access and use the Service will end, and you must cease all use of the platform. Governing Law and Dispute ResolutionThese Terms are governed by the laws of the State of Arizona. Any disputes arising under these Terms will be resolved through arbitration located in the State of Arizona, unless otherwise agreed. Modification of TermsPoiSpot reserves the right to modify or update these Terms at any time. You will be notified by email of any material changes to these Terms, and continued use of the PoiSpot Service after such changes constitutes your acceptance of the new Terms. If you have any questions about these Terms, please contact us at info@poispot.com or at this form. By creating posts in an attempt to sell your services with the PoiSpot Service, you, as a seller, acknowledge that you have read, understood, and agree to be bound by these PoiSpot Commerce Terms and Conditions.

16. Conclusion

You acknowledge that your use of the Service is at your own risk. The Service and all content are provided “as is” without warranties of any kind, either express or implied. Limitation of Liability: To the fullest extent permitted by law, PoiSpot disclaims all liability for:

• Errors, inaccuracies, or incompleteness of content
• Personal injury or property damage resulting from access to or use of the Service
• Unauthorized access to or use of secure servers and stored information
• Interruptions or cessation of transmission to or from the Service
• Bugs, viruses, Trojan horses, or other malicious code transmitted through the Service by third parties

Third-Party Products and Services: PoiSpot does not warrant, endorse, guarantee, or assume responsibility for products or services offered by third parties through the Service or hyperlinked services. Limitation of Damages: In no event shall PoiSpot be liable for direct damages or damages related to lost profits or special, indirect, incidental, punitive, or consequential damages. You grant PoiSpot an irrevocable, non-exclusive, worldwide, royalty-free and transferable license to use, reproduce, modify, distribute, and prepare derivative works of your content for the purposes of operating and promoting the Service in any media formats and media channels.

17. Contact Information

If you have any questions about these Terms, please contact us at info@poispot.com or this form.

Alternatively, you can contact us at:

PoiSpot, LLC
Suite 305
15333 North Pima Road
Scottsdale, AZ 85260