TERMS OF SERVICE
ESPOT TV is a Service provided for you by ESPOT, Inc. These Terms govern your use of ESPOT TV (“Service” or “Services”) and the products, features, apps, services, technologies, and software we offer. These terms apply from when we accept your request for Service. Please read the terms carefully before activating Service with us.
ESPOT will setup and configure the Venue’s ESPOT TV Board which will broadcast your desired messaging to visitors. In addition to the venue’s messages, Team Tab displays sports highlights and advertising. It is this advertising that provides the financial benefit to the venue.
Terms and Conditions
- These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with ESPOT otherwise.
- All services are provided on an “as is” basis. We do not warrant that the Service is fault free or fit for any particular purpose, or that our system is secure. You assume all responsibility and risk for use of the Service.
- We will always try to make the Service available, but it may be interrupted, limited or curtailed due to maintenance and repair work, transmission or equipment limitations/failures, collocation failures or due to an emergency. We are not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Service.
- We reserve the right to immediately and without notice, suspend your access to the Service if we suspect that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself).
- Network speed is no indication of the speed at which your Unit connected to the Service sends or receives data. Actual network speed will vary based on Unit configuration, compression and network congestion. The accuracy and timeliness of data sent or received is not guaranteed and you accept that delays or omissions may occur.
- We will not supply any software to you in connection with the Service other than access to your TeamTab Page.
- ESPOT is providing this Service to customers free of charge and is intended to support Team communications and fundraising.
2. ESPOT TV Board
- ESPOT will set up and configure your venue’s ESPOT TV Board to contain the information you choose. You will be given access to edit that information any time you want on the internet from your phone or computer. Instructions for use and access will be provided to you via email.
3. Access and Registration.
- You are responsible for providing all hardware and other equipment required to access and use your ESPOT TV Board. The availability and performance of the Service is subject to all memory, storage and other limitations and requires access to the internet.
- Once we receive your request for Service, ESPOT will send you a Digital Signage Lease Agreement which contains the terms of your venue’s arrangment with ESPOT, Inc.
4. Use of the Service
The Service is made available provided:
- You do not use the Service for anything unlawful, immoral or improper;
- You do not use the Service to make offensive or nuisance communications in whatever form. Such usage includes posting, transmitting, uploading, downloading or otherwise facilitating any content that is unlawful, defamatory, threatening, a nuisance, obscene, hateful, abusive, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), a breach of privacy, or which is otherwise objectionable;
- You do not use the Service to harm or attempt to harm minors in any way;
- You do not act nor knowingly permit others to act in such a way that the operation of the Service or our systems will be jeopardized or impaired;
- You do not use the Service to access or use content in a way that infringes the rights of others;
- The Service is used in accordance with any third party policies for acceptable use or any relevant internet standards (where applicable).
- You agree not to resell or re-broadcast any aspect of the Service, whether for profit or otherwise. You accept that your entitlement to use the Service is for your personal use only and that you shall not be entitled to transfer your entitlement to use the Service to any other person or allow any other person to make use of the Service or of any username or password provided by ESPOT or other entitlement supplied to you in connection with the Service.
- You also agree not to modify the Unit or use the Service for any fraudulent purpose, or in such a way as to create damage or risk to our business, reputation, employees, subscribers, facilities, third parties or to the public generally.
- You have no proprietary or ownership rights to any username or password or to a specific IP address, or e-mail address assigned to you or your Unit. We may change such addresses at any time or deactivate or suspend Service to any address without prior notice to you if we suspect any unlawful or fraudulent use of the services.
5. Equipment & Devices
- The Devices required for ESPOT TV are supplied and owned by ESPOT, Inc.
- The Devices remain the property of ESPOT, Inc. at all times and will be returned within 15 business days, in good working condition and with all accessories, power supplies, etc., to ESPOT at the termination of Services.
- Failure to return Devices to ESPOT at the termination of Services will result in one or more of the following:
- ESPOT will invoice you for the full replacement value of each device with payment due within 30 days after termination of Services.
- ESPOT will retain the full replacement value of each device and deduct this amount from any funds do to you.
- If a Device is lost, stolen or damaged, ESPOT must be notified immediately in writing to email@example.com. ESPOT will arrange for a replacement device to be sent and the full replacement cost of the device will be deducted from any funds due to you under the terms of your service request.
6. Content disclaimer
- ESPOT is not a publisher of third-party content that is accessed through the Service and is not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service. You are responsible for evaluating such content.
- It is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the service. ESPOT will not be a party to nor in any way be responsible for any transaction concerning third party goods and services. You are responsible for all consents, royalties and fees related to third party vendors whose sites, products or services you access, buy or use via the Service.
- ESPOT does not guarantee the accuracy, completeness or usefulness of information that is obtained through the Service.
7. Fair Usage
- To ensure the provision of a quality of Service to all our customers and to ensure that the behavior of some does not disadvantage the majority of our customers, you agree to abide by any fair use policy which we may apply.
9. Disclaimer of Warranties
- THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. ESPOT DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL OR ERROR FREE.
10. Limitation of Liability
- EVEN IF ESPOT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PRIVACY OR SECURITY DAMAGES; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR DEVICE, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
11. Class Action Waiver
- WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
- You agree to indemnify us against any claims, demands, actions liabilities, costs or damages arising out of your use of the Service, including any material that you access or make available using the Service, or violation of the agreement, including but not limited to use of the Service by you (or permitted by you) involving offensive or illegal material or activities that constitute copyright infringement. You furthermore agree to pay our reasonable legal fees and experts’ costs arising out from any actions or claims hereunder.
- You are responsible for any usage of your account. If you become aware of any unauthorized or fraudulent usage of the Service via your account, you should notify us immediately.
- You may not transfer or try to transfer any of your rights and responsibilities under this agreement without express written authorization from ESPOT, Inc.
- The laws applicable to the interpretation of these Terms and Conditions shall be the laws of the State of Texas without reference to its conflict of law provisions.
- If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: June 11, 2019
We at ESPOT, Inc. (d/b/a ESPOT TV) (ESPOT) (TeamTab) respect your concerns about privacy and value the trust you have placed in us.
This Privacy Notice describes the types of personal information we collect, how we collect it, how we may use that information, and with whom we may share it.
What types of information does ESPOT collect and how does ESPOT use the information?
We collect and use information about you to communicate with you about our products, services and promotions. We also collect information to improve the TeamTab experience of ESPOT consumers. Here are the ways we obtain information about you and the types of information we obtain. We also tell you how we use the information.
- Location Data – Upon connecting a TeamTab device to the Internet, ESPOT will collect information regarding the location of your device.
- Automatically Collected Information – Our web server automatically collects limited information about your device. ESPOT collects non-personally-identifiable information including the mobile advertising ID (IDFA / AdID), IP address, UUID, the type of device being used, the IP address of your TeamTab device, and your internet service provider.
- Aggregate Information Used to Serve and Target Ads, Interest-Based Advertising: We may aggregate the data we collect and provide this to our third parties to target ads on the Team Tab devices. When we aggregate your information, no specific personal information is included, and you cannot be identified from this aggregate information.
- Name (First & Last)
- Your email address;
- Time & date stamp of login
- MAC address of device
- Mobile Advertising ID
Using the Services
We collect the information we collect to help us operate and provide the Services to you and to help ourselves and our third party partners understand individuals behavior.
How may I indicate my privacy preferences?
If we request your personal information, we will tell you why we are collecting it and seek your consent. Sometimes you will be asked to give your consent expressly (such as by checking a box or clicking on a web page). Other times we may obtain your consent implicitly by asking you to provide information with stated purposes but without any express statement of consent. In other cases, your consent may be implied such as when you register to use TeamTab, when it is understood that we will use the information to learn more about your needs and preferences, or your satisfaction as a customer. In those cases your consent will be understood if you provide us with the requested information. You may notify us at any time that you do not wish us to use your information for any purposes that are not required to complete a transaction by contacting us in any of the ways described at the end of this Notice. You may at any time withdraw or change your consent to our use and disclosure of your information or request us to delete if from our files, subject to legal and contractual restrictions and requirements related to any transaction.
How long does ESPOT retain my information?
We retain your information as long as it is required for the purposes identified when you provided the information for such specific purposes or for any new purposes identified by us and consented to by you, and for any appropriate time thereafter including a sufficient time following to permit you to ask any questions regarding its use. Your contact information which you provide through the registration process (described above) is retained until you request us to delete or change it. Information which is created as part of your on-site experience, is retained for varying periods up to two years. Certain information is retained for longer periods for our internal audit and quality control purposes.
Does ESPOT share the information it obtains about me with third parties?
ESPOT does share personal information about its consumers with outside third parties, including but not limited to, the owners or managers of teams, for their own marketing purposes. We also share this information with service providers we have retained to perform services on our behalf, but these service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements. We also may disclose information about you as required by law.
We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets. If the business is transferred, we will provide you with the opportunity to tell us that you would prefer that information about you not be transferred. Should such a transfer occur, we will use reasonable efforts to try to ensure that the transferee uses personal information about you in a manner that is consistent with this Privacy Notice.
How does ESPOT protect personal information?
The security of personal information is a high priority for us. We maintain administrative, technical and physical safeguards to protect against unauthorized disclosure, use, alteration and destruction of the personal information in our possession. We are committed to providing appropriate security controls to protect personal information we have about you against foreseeable hazards.
Does ESPOT process my information outside of the U.S.?
We may transfer your information outside of the United States for processing and storing. The privacy laws in other jurisdictions may differ from United States privacy laws and in some jurisdictions your information may be accessed by law enforcement authorities or the courts. If you would like to obtain more information about our policies and practices relating to our transfer and processing information outside of the United States, please contact us in any of the ways described below under “How can I contact ESPOT?”.
How does ESPOT update its Privacy Notice?
ESPOT services and promotions will change over time. This Privacy Notice will be updated periodically to reflect those changes and corresponding changes in our information practices. Whenever we revise this Privacy Notice, we will change the date on the notice to indicate when the revisions were made. We reserve the right to change our information practices and the terms of this Privacy Notice, and to apply the changed practices to all information we have about you. By using this web site, you agree to accept the terms of this Privacy Notice as stated at the time you use it. Any future access to this web site subsequent to the posting of a revised Privacy Notice will be deemed to be your acceptance of this Privacy Notice as then revised. We reserve the right to change this Privacy Notice at any time.
Does TeamTab contain links to other websites?
The TeamTab device may contain links to other websites that operate independently of ESPOT and are not under our control. We provide links to other websites solely for your convenience and information. Other websites may have their own privacy notices, which we suggest you review if you visit any linked websites. ESPOT is not responsible for information that is provided by, or collected through, those websites or for any other use of those websites.
How can I update my personal information and privacy preferences?
We recognize that having accurate and up-to-date information about you and your preferences is important to our ability to properly serve your interests. Please email us to update your email contact information by clicking here.
Will I receive email from ESPOT?
We will send you email only if you have provided us with your email address and have asked us to communicate with you this way.
ESPOT also occasionally sends emails to customers who have opted in to receive emails from third parties. To unsubscribe from these communications, simply click on the unsubscribe link located within the email and you will be able to unsubscribe from the list owner.
What if I prefer not to receive communications from ESPOT?
If you prefer not to receive product information or promotions from us and to unsubscribe from our email list, please email us at the contact information below with the Subject Line: “ESPOT Unsubscribe Request”.
How can I contact ESPOT?
If you have any other questions about ESPOT’s privacy practices or about your personal information, please contact us here:
18 Shipyard Drive Suite 2A-50
Hingham, MA 02043 USA
We will respond to your inquiry or investigate your concern as quickly as possible.