Terms and conditions

1 Acceptance of these Conditions

1.1 The ins and outs.

TheSpot-Lighter products, features and offerings are available online on TheSpot-Lighter Platform.

1.2 Who is who.

When these conditions use the term “Organizer”, by this expression we mean the creators of events using the Platform to sell tickets to consumers using the Platform (a) to consume information to participate in these events (“Consumers”) or (b) for any other reason. Organizers, Consumers and third parties using our Platform are all referred to collectively in these Terms as “Users”, “you”, or “your”. Where these Terms use the term “TheSpot-Lighter”, “we”, “our” or “our”, they refer to TheSpot-Lighter.

1.3 What else.

If you are an Organizer offering events with paid tickets, the Merchant Agreement and the Conditions of the Organizer's refund policy also apply to you. If you are an Organizer or a Consumer, the Community rules of TheSpot-Lighter apply to you. (Some of the terms of these rules, but not all, are reproduced in these Terms of Service.) If you are a third party interacting with our Platform, not as an Organizer or Consumer, the General conditions of use of API interfaces or the Trademark and Copyright Policy could apply to you. Review these additional terms posted with certain services that you may use from time to time, as these will also apply to you. And, by accepting these General Terms and Conditions of Service, you acknowledge having read the Privacy Policy and the Cookie statement applicable to all Users. We may sometimes provide you with services that are not described in these Platform Terms and Conditions or personalized services: unless we have entered into a separate and signed agreement that expressly supersedes these Platform Terms and Conditions, they will also apply to these services.

1.4 Meaning of the “General Conditions of the Platform”

These General Conditions of the Platform and the other documents to which they refer (including in section 1.3 above) comprising the “Terms” of TheSpot-Lighter. These Terms constitute a legally binding agreement between you and TheSpot-Lighter governing your access and use of the Platform and defining your rights and responsibilities when using the Platform. By using one of our services (including including browsing our site), you agree to these Terms. If you do not accept them, please do not use or access the Platform. If you use the Platform on behalf of an entity (for example on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In this case, “you” and “your” will refer to this entity as well as to yourself.

2 Services and role of TheSpot-Lighter

2.1 what we do.

TheSpot-Lighter's services provide Organizers with a quick and easy way to create organizer profiles, post events and sell tickets for them in a safer and simpler way, manage the sale of events. tickets. They include a notification reminding Consumers 24 hours in advance of the purchase they made for an event, a chat allowing them to comment on an event in which they participate. Consumers can also add events to their favorite events.

2.2 Our role as interface

TheSpot-Lighter services is not the creator, organizer or owner of the events listed on the Platform. On the contrary, TheSpot-Lighter provides Organizers with the ability to manage ticketing, registration and judge the popularity of the events they organize. The Organizer is solely responsible for ensuring that any page displaying an event on the Platform complies with all local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event. The pages are delivered as described in a satisfactory and precise manner. The Organizer of an event will have real-time control over ticket purchases and the method of payment (Stripe or Moncash for example). Consumers can choose to pay either via Moncash or via Stripe. As both payment methods are third parties, TheSpot-Lighter does not process the transaction but we transmit the payment details chosen by the Consumer to the Organizer.

3 Privacy and consumer information

3.1 We know that your personal information is important to you and it is also important to TheSpot-Lighter. Information provided to TheSpot-Lighter by users is governed by our Privacy Policy . 3.2 If you are an Organizer, you represent, warrant and agree that (a) you will comply at all times with all local, state, state and local laws, rules and regulations. provincial, national and other with respect to the information you collect (or receive) about Consumers, and (b) you will at all times comply with the applicable policies posted on the Platform with respect to the information you collect from of Consumers (or that you receive about them).

4 Duration, Termination

4.1 These Terms apply to you as soon as you access the Platform by any means and will remain in effect until terminated. Sometimes you or TheSpot-Lighter decide that it is best to separate as described in sections 4.2 or 4.3 below. When this happens, these Terms generally no longer apply. However, as described in section 4.4, certain provisions will still apply to you and TheSpot-Lighter. 4.2 TheSpot-Lighter may terminate your right to use the Platform at any time (a) if you breach or violate these Terms; (b) if you abuse or misuse the Platform, or use the Platform in a manner not intended or permitted by TheSpot-Lighter; or (c) if allowing you to access and use the Platform violates local, state, provincial, national and other laws, rules and regulations, or would expose TheSpot - Lighter to legal liability. TheSpot-Lighter may choose to cease offering the services, or any specific part of the Platform, or to change or replace any aspect of the Platform, at any time. We will use reasonable efforts to notify you of termination of your access to the Platform, if, in TheSpot-Lighter's sole discretion, failure to do so would cause you prejudice. You agree that TheSpot-Lighter is not liable to you or any third party as a result of the termination of your right to use or otherwise access the Platform. 4.3 Unless otherwise agreed in writing between you and TheSpot-Lighter, you may terminate your access to the Platform and the general applicability of the Conditions by deleting your account. As long as you continue to access the Platform, these Terms (as not modified by this agreement) govern your use of the Platform after such termination or expiration. 4.4 All provisions of these Terms which by their nature must survive termination will survive (including, without limitation, all and any limitations of liability, disclaimers, indemnification obligations, disclaimer of warranty, arbitration agreements, choice of law and judicial forum, intellectual property protections and licenses).

5 Release and compensation

This is where you agree to cover TheSpot-Lighter if you use the Platform in any way that causes TheSpot-Lighter to be the subject of a legal claim or face other claims or expenses, or, as set forth herein, to the extent permitted by applicable laws.

5.1 Exemption

You hereby agree to exempt TheSpot-Lighter from all damages (direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of any kind, known or unknown, resulting from a dispute between you and a third parties (including other Users) in connection with the Platform or any event listed on the Platform. Further, you waive any applicable law or legislation, which states in substance: “A GENERAL DISCLAIMER SHALL NOT EXTEND TO CLAIMS THAT THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF THE EXECUTION OF THE EXEMPTION, WHICH, IF IT WERE KNOWN TO HIM, WOULD MATERIAL AFFECT ITS PAYMENT WITH THE EXEMPTED PARTY. “

5.2 Compensation

(b) your use of the Platform in violation of these Terms or other policies that we post or make available; (c) your violation of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; and (d) the collection and remittance of taxes by TheSpot Events, and (e) if you are an Organizer, your events (including when TheSpot Events has provided the Platform in relation to those events), unless (f) this indemnification does not apply to the extent that the claim arises from negligence or willful misconduct by TheSpot-Lighter. TheSpot-Lighter will notify you of any such Claim provided that TheSpot-Lighter's failure or delay in providing such notice does not limit your obligations hereunder, except to the extent that you are materially injured by such a breach. In addition, under certain circumstances, TheSpot-Lighter can choose to directly manage this complaint in which case you agree to cooperate with TheSpot-Lighter in any way.

6 Disclaimer of warranty and assumption of risk by you.

We strive to deliver services the way you need them, but it is important that you understand that there are some things we cannot promise you. To the extent permitted by applicable law, the Services are provided “as is” and “as available”. TheSpot-Lighter expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose. For example, TheSpot-Lighter does not guarantee that (a) The Platform (or any part of the Platform) will meet your requirements or expectations; (b) the services of the Platform will be uninterrupted, timely or error-free. You acknowledge that TheSpot-Lighter has no control over and does not guarantee the quality, security, accuracy of any information provided by Users (including Consumer personal data shared with Organizers in connection with events). You understand and agree that certain events may carry inherent risk, and by participating in such events, you choose to assume those risks voluntarily. For example, certain events may carry a risk of illness, personal injury, disability or death, and you assume these risks voluntarily and freely by choosing to participate in these events. The above disclaimers apply to the fullest extent permitted by law. You may have other statutory rights. However, the duration of the guarantees required by law, if any, will be limited to the maximum extent permitted by law.

7 limitation of liability

7.1 To the extent permitted by applicable law, or as set forth herein document, TheSpot-Lighter and any person or entity associated with the provision of TheSPot-Lighter Platform (for example, an affiliate company, supplier, strategic partner or employee) (“Associated Parties”) will not be liable to you or a third party for (a) any indirect, consequential, special, punitive or exemplary damages, including, but not limited to, damages for loss of profit, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if TheSpot-Lighter has been advised of the possibility of such damage); 7.2 Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which cannot be legally excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental damages or indirect. Accordingly, only the limitations of liability and others which are legal in your jurisdiction (if any) will apply to you, and our liability is limited to the fullest extent permitted by law.

8 IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTES OR CLAIMS UNDER THESE TERMS OR IN CONNECTION WITH THE SERVICES WILL BE SET BY COMPULSORY ARBITRATION OR BY SMALL CLAIMS COURT (TO THE EXTENT THAT THE CLAIM IS ELIGIBLE) AND WILL BE ON AN INDIVIDUAL BASIS ONLY; YOU ACKNOWLEDGE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL SHARES ARE NOT PERMITTED AND THAT EACH PARTY WAIVES ALL RIGHTS TO ACQUIRE SUCH SHARES.

The parties understand that in the absence of this mandatory provision, they would have the right to sue and request a trial by a jury. They also understand that in some cases the costs of arbitration may exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
(a) Contact us first.If you have a question or concern regarding the Platform, please first Contact us . Our customer service team will try to answer your question or resolve your issue.
(b) Agreement to arbitrate.In the unlikely event that our customer service team is unable to resolve your issues, the parties (you and us) will hereby agree to resolve any disputes or claims under these Platform Terms or relating to our relationship by through compulsory arbitration or in small claims court (to the extent the claim is admissible) and not in courts of general jurisdiction, and only on an individual basis. Under no circumstances will we or you seek / seek to resolve a dispute with the other party in any purported class action, consolidated or representative proceeding. Compulsory arbitration is subject to very limited review. Only the arbitrator appointed under this Section, and not the federal court, state or local, shall have the power to resolve any dispute or claim relating to this Section, including, without limitation, the scope, enforceability and arbitrability of these Terms. This arbitration clause will survive termination of these Terms. These Conditions prove an interstate commerce transaction and the interpretation and application of the this Section 8 are governed by the law on arbitration, notwithstanding the choice of law set out in Section 8 (h) below.
(c) Fields of application. This arbitration agreement is intended to be interpreted broadly in connection with legal disputes between you and us. This includes, but is not limited to: (I) all claims arising out of or relating to any aspect of the relationship between us of a contractual, tort, illegal, fraudulent, misrepresentation or other legal theory; (II) all claims that arose before this agreement or any prior agreement (including, but not limited to, advertising-related claims); and (III) any complaints that may arise after termination of these Terms and / or your use of the Platform.
(d) Exceptions.Notwithstanding this Agreement to Arbitrate, either party may (i) bring an individual action in small claims court (to the extent the applicable claim is admissible); or (ii) bring actions, validity rulings or claims arising from the theft, piracy or unauthorized use of intellectual property in court to protect its intellectual property rights (“Intellectual Property Rights” means patents , copyright, moral rights, trademarks and trade secrets, but not the rights of confidentiality or publicity).
(e) No group action.YOU AND THESPOT-LIGHTER AGREE THAT EACH PARTY MAY MAKE CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN A CONSOLIDATED, GROUPED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR CANNOT CONSOLIDATE MORE THAN ONE CLAIM FROM ONE PERSON, CANNOT PRESIDE ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION AND MAY OFFER ANY REMEDY ONLY IN FAVOR OF THE INDIVIDUAL WHO REQUESTS AN APPEAL GUARANTEED BY THE INDIVIDUAL CLAIM. OF THIS PART. (f) Notice of Dispute. A party intending to seek arbitration must first send the other a written notice of dispute ("Notice"). The Notice aa TheSpot-Lighter must be addressed to the following address (“Notification Address”) and must be sent by registered mail: TheSpot-Lighter, Attn, Legal Department, 2nd floor, rue Capois, Champ de Mars, Port -au-Prince HT6110, Haiti. Notice to you will be sent to a postal, home or payment address currently registered with TheSpot-Lighter and must be sent by registered mail. If TheSpot-Lighter does not have a record of this physical address, the Notice may be sent to your TheSpot-Lighter account email address. The notice must (i) describe the nature and basis of the claim or dispute; and (ii) waive the specific remedy sought. civilians following receipt of the Notice, you or TheSpot-Lighter may initiate arbitration proceedings.
(g) Arbitration procedures.The arbitration will be governed by the Commercial arbitration rules , or, if the actions giving rise to the dispute or claim relate to your personal or home use of the Services (rather than business use), by Consumer arbitration rules as modified by this Section 9 and will be settled by an arbitrator All matters in dispute between the parties will be resolved by the arbitrator, including, but not limited to, questions relating to the scope, applicability and arbitrability of this Section 9. (h) Place of proceedings arbitration. If you are a Consumer, any arbitration hearing will take place (at your option) either in the department of your residence or by telephone, but if you are a Consumer whose residence is located outside Haiti, the hearing will take place. either in Port-au Prince, Haiti, or by phone or videoconference, at your discretion. If you are a business (i.e. if you are using the Platform for commercial purposes, unless you and TheSpot-Lighter agree otherwise, the hearings will be held in Haiti, at a reasonably convenient location for both parties taking into account their ability to travel and other relevant circumstances). Regardless of how the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and observations on which the award is based. All decisions rendered by the arbitrator will be final and binding; and judgment on the award rendered may be brought before any competent court.
(j) Future changes.Notwithstanding anything to the contrary in these Terms, you and TheSpot-Lighter agree that if TheSpot-Lighter makes a future modification to this arbitration clause (other than a modification of the Notice Address), TheSpot-Lighter will notify you of such change and you may reject said change by sending us written notice within thirty (30) calendar days of the change to the Notice Address set out above. By rejecting any future amendment, you agree that you will arbitrate any dispute between us in accordance with the terms of this provision unmodified by said rejected amendment.
(k) Special Severability.In the event that any provisions of this Section 9 prove to be invalid or unenforceable for any dispute or claim, then the integrity of this Section 9 will be null and void with respect to that dispute or claim and the Section 23 will apply in lieu of this Section 9.
(i) Exemption clause.You have the right to exclude yourself and not be bound by the arbitration or class action waiver clauses set forth above by sending (from the address we associate with you as a User) a written notice. of your decision aa spotlightayiti@gmail.com with the subject line, “WAIVER OF ARBITRATION AND WAIVER OF CLASS ACTION”. The notice must be sent within thirty (30) days of your first use of the Platform or your acceptance of these Terms (whichever is later); otherwise you will be required to arbitrate disputes in accordance with the terms of these paragraphs. Note that if you exclude yourself from these arbitration clauses, TheSpot-Lighter will not be bound by them either

9. Licenses for TheSpot-Lighter Platform

9.1 License for the Services.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to use our services only to (a) browse events, search, view, purchase tickets for an event listed on the Platform and / or (b) create an event record, an organizer profile to promote the event in question manage, track and collect sales revenue for an event. Your use of the Platform must comply with these Terms and be in compliance with all applicable local, state, provincial, national and other laws, rules and regulations. In addition, by using search features or automatic address filling tools, you are bound by the Google Maps / Google Earth Additional Terms of Service (including the Google privacy statement ).

9.2 Restrictions on Your License.

Without limitations on any other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree not to directly or indirectly (a) copy or modify, reproduce, translate, localize, portray any derivative in any way. either the Platform; (b) reverse engineer, assemble, decompile or otherwise attempt to uncover the source code or the structure, sequence and organization of all or part of the Platform; © rent, sublet, sell, distribute, use the services of the Platform for other unintended commercial purposes or otherwise exploit the services in an unauthorized manner; (d) remove or modify any property notice on the Platform; or (e) engage in any activity that interferes with or disrupts the Platform.

9.3 Our intellectual property and copyright.

You agree that all content on the site may be protected by copyright, trademarks, service marks, trade secrets or other intellectual property rights and other property rights and laws. TheSpot-Lighter may own the Platform Content or parts of the Platform Content may be made available to TheSpot-Lighter through arrangements with third parties. The Platform Content included or made available through the Platform is the exclusive property of TheSpot-Lighter and is protected by copyright laws. You agree to use Platform Content only for purposes permitted by these Terms and any applicable local, state, provincial, national or other laws, rules or regulations.

9.4 Trademarks.

Trademarks or in any way that could adversely affect any goodwill in the Trademarks… The use of any Trademarks in connection with any site is prohibited, unless TheSpot-Lighter approves the establishment of such a link by prior written consent specific to each link. Any goodwill generated by the use of any TheSpot-Lighter Trademark will benefit TheSpot-Lighter. A number of issued and pending patents apply to the Platform. Any goodwill generated by the use of any TheSpot-Lighter Trademark will benefit TheSpot-Lighter. A number of issued and pending patents apply to the Platform. Any goodwill generated by the use of any TheSpot-Lighter Trademark will benefit TheSpot-Lighter. A number of issued and pending patents apply to the Platform. The content of the Platform may also be protected by copyright owned by TheSpot-Lighter and / or third parties. Please note that if you copy parts of the Platform, you are violating these patent rights and copyrights.

10. The licenses and permits that the organizers must obtain

If you are an Organizer, without limiting the generality of the declarations or guarantees mentioned elsewhere in these General Conditions of the Platform, you represent and guarantee to us that: (a) You and your affiliates will respect and ensure that the posters for each event comply with all applicable laws, regulations, rules and ordinances; (b) You will not request that TheSpot-Lighter offer tickets to an event only after obtaining specific Licenses for such event including, but not limited to, state, region, municipality or other local authority clearance, traffic engineering permissions, reports fire department inspection, authorization to receive minors (if applicable), health authorization (if applicable) and any other relevant authorization (c) You and your affiliates will maintain in effect for the duration of access to the Platform the relevant Licenses so that the Organizer can promote, produce, sponsor, host and sell tickets for all events posted by you and your affiliates on the Platform. (d) Without limiting the generality of any release provided under these Terms. General, as a material incentive aa THeSpot-Lighter allowing you to access and use the Platform, you hereby agree to release TheSpot-Lighter and its partners for all damages (direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of any kind and type, including, without limitation, attorneys' fees, known and unknown, arising out of or related in any way to your License or that of your affiliates, any failure to obtain or maintain a License or any error in obtaining or maintaining a License. (e) Without limiting your indemnification obligations elsewhere under these Terms General Terms of the Platform, you agree to defend, indemnify and hold TheSpot-Lighter, the payment processing partners, not liable for any damages (direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including including, without limitation, reasonable attorneys' fees and accounting costs) resulting from any Claim due or arising out of your License or that of your Affiliates, any failure to obtain or maintain a License, or any error in obtaining or maintaining a License. You agree to provide proof of License and related information prior to offering tickets to events on the Platform and promptly upon reasonable request by TheSpot-Lighter from time to time.

11 Your rights to submit a copyright takedown notice.

If you are a copyright owner or the agent of a copyright owner and you believe that any content on the Platform infringes your copyright, you may submit a notice in accordance with the Digital Millennium Copyright Act (“DMCA”) by following the indications given in the TheSpot-Lighter Trademark and Copyright Policy.

12 The recovery or commercial use of the content of the Platform is prohibited

The content of the Platform is not intended for your commercial use. You do not have the right to use any Content on the Platform for your own commercial purposes. You do not have the right and agree not to retrieve, explore or use automated means to extract data from the Platform.

13 Fees and reimbursement.

13.1 Fees We Charge.

The creation of an account, the list of events and access to the Platform are free. However, we do charge a fee when you sell or purchase paid tickets. These fees may vary depending on individual agreements between TheSpot-Lighter and the Organizers. These fees will be displayed along with the price of the ticket (s) purchased and on the gross ticket receipts sold. Fees charged to Consumers do not include any other charges, including establishment fees, charges, taxes, handling fees, or fulfillment fees. TheSpot-Lighter does not control (and therefore cannot disclose) the charges levied by your bank and / or credit card company. Be sure to check with your bank or credit card company before making a transaction to understand all applicable fees, credit card surcharges, and currency conversion rates.

13.2 Ticket transfers.

If you want to transfer tickets for an event that you purchased on TheSpot-Lighter, this is entirely possible. You do not have to contact the Organizer for this, as this is an option available to you on the Platform.

13.3 Refund

Any request for reimbursement for the non-holding of an event must be addressed directly to the Organizer and TheSpot-Lighter can in no way be held responsible. (a) If you are a Consumer, you acknowledge that if you receive a refund for your ticket, you do not use it to attend the event. Violation of the above constitutes fraud. You acknowledge that the current procedure for validating the bar code must always be followed. TheSpot-Lighter will in no way be held responsible for costs resulting from non-compliance by the Organizers. (b) If you are an Organizer, you acknowledge that the procedure in force for verifying the validity of the barcode of the ticket must always be followed.

14 Your account at TheSpot-Lighter

In order to access the functionalities of the Platform, you must create an account. You agree to follow certain rules when creating an account with TheSpot-Lighter, including the following:
  • You must be at least 18 years of age, or the legal age of majority where you reside, to use the Platform. If you are 13 years of age or older, you may only use the Platform under the supervision of a parent or legal guardian who manages your use and / or your account. However, if you are under 13, do not provide us with any information about yourself.
  • You agree to provide true, accurate, current and complete information about yourself, or if you use the Platform on behalf of an entity, about the entity (the “Registration Data”). You also agree to update this Registration Data if it is modified.
  • In the event of a dispute between two or more persons or entities as to the ownership of the account, TheSpot-Lighter will be the sole arbiter of such dispute and TheSpot-Lighter's final decision (which may include termination or suspension of the account) will be final. and mandatory for these parties.
  • If you are using the Platform on behalf of a business or other entity, you represent and warrant that you have the authority to legally bind that entity and to grant to TheSpot-Lighter all permissions and licenses provided herein. Conditions.
  • You agree to immediately notify TheSpot-Lighter of any unauthorized use of your password or account, or any other breach of security. You are responsible (and we will hold you responsible) for the activities that take place under your account.
  • You agree not to use our services to collect sensitive personal information, such as health information (including “Protected Health Information” as defined in Title 45 of CFR §160.103), social security numbers, financial information , payment card numbers, driver's license numbers and passport numbers, except as otherwise permitted mentioned in these Terms or unless TheSpot-Lighter has consented to such collection in writing.

15. Our Community Rules

You agree to comply with Community rules of TheSpot-Lighter whenever you use or access the Platform. Please read carefully, as they affect the types of content and conduct permitted on and through TheSpot-Lighter Platform.

16. Your content.

16.1 License.

TheSpot-Lighter makes no claims about your Content. However, you are solely responsible for your Content. You grant to TheSpot-Lighter a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, subject to a sub-license and a license of access, use, reproduction, transmission, adaptation, modification, performance, display, distribution, translation, publication and creation of derivative products based on your Content, in whole or in part, in any medium, for the purpose of '' operate the Platform; you hereby waive any moral right to use the name you submit with your Content. Notwithstanding the foregoing, TheSpot-Lighter does not claim, and you do not transfer.

16.2 Your statements about your Content.

You represent and warrant that you have all of the rights, powers and authority necessary to grant the foregoing license, and that all of your Content (a) does not violate, infringe, misappropriate, or conflict with the rights of third; (b) comply with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate the previous Terms.

16.3 Additional Rules Regarding Your Content.

Your Content must be precise and truthful. THeSpot-Lighter reserves the right to remove your Content from the Platform if TheSpot-Lighter believes, in its sole discretion, that it violates these Terms, our Community rules, or for any other reason. THeSpot-Lighter may use your name and logo (whether or not you have made it available through the Platform) for the purpose of identifying you as an existing or past customer of TheSpot-Lighter. We may also retain your Content and account information if required by law in good faith that such retention or disclosure is reasonably necessary to (a) comply with a legal process; (b) respond to claims that your Content infringes the rights of third parties; (c) enforce or administer the Platform Terms and Conditions, including without limitation these Platform Terms and Conditions; and / or (d) protect the rights and / or personal property of TheSPot-Lighter, its users , including in the context of fraud prevention. You understand that the technical processing of Platform transmission, including your Content, may involve transmissions over different networks and / or changes to conform and adapt to technical requirements for connecting networks or devices.

17. Rules for using messaging tools.

17.1 TheSpot-Lighter may provide you with features and tools allowing you to contact your Consumers, other users of the Platform by messaging. If you use the messaging tools, you declare and agree that: (a) If you are an Organizer, you do not have the right to nor the authority to send e-mails to the addresses in your recipient list. (b) If you are an Organizer, you have the right to contact Consumers only through the messaging functionality made available to you by the Platform. (c) You agree to provide truthful and accurate information in your messages. (d) If you are a Consumer, you can contact other Consumers and the Organizers while committing to remain courteous in your messages.

18. Notice.

Notices sent to you can be sent only by the Platform's messaging service or. The Platform may also provide Notices of changes to these Terms or other matters by posting notices or links to general notices on the Platform. If you would like to contact TheSpot-Lighter or send a notice, you can do so with TheSpot-Lighter, Inc, Attn: TheSpot-Lighter, 2nd floor, Rue Capois, Port-au-Prince, HT6110, Haiti or by e-mail aa spotlightayiti@gmail.com .

19. Changes to the Terms or to the Platform

TheSpot-Lighter reserves the right to modify these Terms from time to time (collectively, “Modifications”). If we believe that the Changes are material, we will notify you by doing one (or more) of the following: (a) posting the changes through the Platform; (b) update the “Updated” date at the top of this page; or (c) send you an email or message about the Changes. Significant Changes will be effective thirty (30) days after the “Updated” date or any other date communicated in any other notice. Changes that only affect new features that we add to the Platform or that do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming aware of the Modifications. Your continued use of the Platform following any Modification constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, TheSpot-Lighter may request a Modification to these Terms which will apply only to you. This type of Modification must be made by means of a written or electronic documentary signed by you or an authorized agent of TheSpot-Lighter. TheSpot-Lighter is constantly evolving our services to better meet the needs of our Users. TheSpot-Lighter reserves the right to modify, replace or discontinue any part of the Platform.

20. Entire Agreement.

Unless otherwise provided herein, these Terms constitute the entire agreement between you and TheSPot-Lighter and govern your use of the Platform, supersede any prior or concomitant agreement, proposal, discussion or communication between you. and TheSpot-Lighter on the subject matter hereof, other than a written agreement for the Platform between you and an authorized agent of TheSpot-lighter regarding one or more specified events.

21. Applicable law and jurisdiction.

These conditions are governed by the laws of the Republic of Haiti, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. But if you live outside of Haiti, you may be eligible for protection under the mandatory consumer protection provisions of your local consumer protection law. TheSpot-Lighter is based in Port-au-Prince, Haiti, and any legal action against TheSpot-Lighter related to our services and which is not excluded by the arbitration provisions in these conditions must be filed and take place in Port-au-Prince. Thus, for any action not subject to arbitration, you and TheSpot-Lighter agree to submit to the personal jurisdiction of the Haitian civil courts in Port-au-Prince, Haiti.

22. Comments.

We invite you to send us your comments and any improvements to be made to the Platform (“Comments”). Any comments you submit to us will be considered non-confidential and non-proprietary to you. By submitting Comments to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish such ideas and materials for any purpose, without compensation to you.