Ownership of Content; Agreement to Terms of Use 

These Terms and Conditions of Use (the “Terms of Use”) apply to all associated applications owned or  operated by Eternal Spot LLC, and their subsidiaries and affiliates (collectively, the “Company”)  including, but not limited to, the publicly accessible web site URL https://www.eternalspot.com (individually  and collectively, the “Sites”). The Sites, and all intellectual property contained within them, are the  property of the Company. 

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, VIEWING, BROWSING, OR OTHERWISE USING  THE CONTENT, SERVICES AND TOOLS OFFERED BY THE SITES, YOU HAVE AGREED, WITHOUT LIMITATION  OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY  APPLY. If you do not agree with these Terms of Use, please do not access or use the Sites. 

The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of  these Terms of Use, at any time, consistent with applicable law. You agree to be bound by this  Agreement and any amendments made thereto in the future so long as you utilize the Sites. It is your  responsibility to check these Terms of Use periodically for changes. The Company will post a notification  on the Sites or otherwise provide notice to you if these Terms of Use materially change. Such changes,  whether in the form of modifications, additions, or deletions, shall become effective when specified in  the relevant notification. If you do not agree to the changes, uninstall and do not continue to use the  Sites after the date they become effective. Your continued use of the Sites following the posting of  changes will mean that you accept and agree to the changes. As long as you comply with these Terms of  Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to access,  browse, and use the Sites for their intended purposes. 

1. Content & Intellectual Property 

For purposes of this Agreement, “Intellectual Property” shall include, but may not be limited to: artwork,  layouts, formulae, techniques, research results and reports, procedures, marketing information and  plans, business plans and strategies, know-how and all other discoveries, inventions, improvements, and  methods valuable to the business of the Company, articles, text, hidden text within source code,  graphics, user interfaces, visual interfaces, photographs, videos, sounds, and computer code, as well as  the design, structure, selection, coordination, expression, arrangement, and “look and feel” of the Sites content, together with all other protectable content such as trademarks, copyrights, patents, and trade  secrets, whether registered, pending, or registrable in the U.S. or throughout the world (collectively,  “Content”). 

All Intellectual Property appearing on the Sites and referenced herein is the property of its respective  owners, including, in most cases, the Company and/or its affiliates. The limited right of access granted to  you under this Agreement does not in any way confer any rights to use, display, reproduce, sell, or  otherwise utilize the Intellectual Property, and nothing contained on the Sites should be construed as  granting you any right or license in the Intellectual Property. 

When accessing the Sites, you agree to obey the law and to respect the intellectual property rights of  the Company and third parties. You agree that you shall be solely responsible for any violations of any  applicable laws and for any infringement of third-party rights caused by your actions, including those  actions take on the Sites. 

All materials contained or distributed on the Sites (the “Materials”) are owned by the Company or its  affiliates. You must not reproduce, modify, copy, publish, transmit, prepare derivative works based  upon, distribute, perform or display the Materials without first obtaining the written permission of the  Company and, if applicable, any other intellectual property owner. You acknowledge that you do not  acquire any ownership rights by downloading, printing or otherwise accessing the Materials. Materials  may not be used in any unauthorized manner. 

2. Company’s Limited Role 

Company is not a content creator and only facilitates users to participate in social media activities on the  Sites. Company has no control over the quality, safety, or legality of the content posted or the truth or  accuracy of this content. Company makes no representations, warranties, or guarantees with respect to  any of the content made available on the Sites by Site users. 

3. Your Use of the Sites; Restrictions 

You may browse the Sites and all associated content solely for your personal use and enjoyment. Except  as expressly provided in these Terms of Use, no part of the Sites may be copied, reproduced,  republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or  otherwise exploited in any way (including, but not limited to, by “mirroring”) to any other computer,  server, or other medium for publication or distribution or for any commercial enterprise, without the  Company’s express prior written consent.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program,  algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or  monitor any portion of the Sites or their hosted content, or in any way reproduce or circumvent the  navigational structure or presentation of the Sites, to obtain or attempt to obtain any materials,  documents or information through any means not purposely made available to you through the Sites.  You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other  systems or networks connected to the Sites or to any server hosting the Sites, or to any of the services  offered on or through the Sites, by hacking, password “mining” or any other illegitimate means. 

You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor  breach the security or authentication measures on the Sites or any network connected to the Sites. You  may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human perceivable form any of the source code used in providing this Sites, trace or seek to trace any  information on any other user of or visitor to the Sites, or any other customer of the Company, including  any Company account not owned by you, to its source, or exploit the Sites or any service or information  made available or offered by or through the Sites, in any way where the purpose is to reveal any  information, including but not limited to PII , other than your own information, as provided for by the  Sites. 

Accounts may not be shared and may only be used by one individual per account. 

You agree that you will not take any action that imposes an unreasonable or disproportionately large  load on the infrastructure of the Sites or the Company’s systems or networks, or any systems or  networks connected to the Sites or to the Company. 

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper  working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of  the Sites, including, but not limited to, by interfering or attempting to interfere with service to any  visitor, host, or network, such as by means of submitting a virus or any other harmful component to this  Sites, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” this Sites. In addition,  you agree not to use this Sites to send unsolicited e-mail, including, without limitation, promotions, or  advertisements for products or services. You also agree not to frame or utilize framing techniques to  enclose any aspect of this Sites, such as any trademark, logo, or other proprietary information  (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other  “hidden text” utilizing the Company’s name or trademarks without the Company’s express written  consent.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any  message or transmittal you send to the Company on or through the Sites or any service offered on or  through the Sites. You may not pretend that you are, or that you represent, someone else, or  impersonate any other individual or entity. 

You may not use the Sites, including, but not limited to, any Content or Materials contained therein, for  any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any  illegal activity or other activity which infringes the rights of the Company or others. Without limiting the  generality of any terms or conditions set forth herein, in using the Sites, you may not transmit or solicit:  (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or  indecent information of any kind, including images and language; (b) any message that constitutes, or  encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or  (c) any information, software or other material which violates or infringes upon the rights of others,  including material which is an invasion of privacy or publicity rights or which is protected by copyright,  trademark or other proprietary right, or derivative works with respect thereto, without first obtaining  permission from the owner or right holder. Any violation of the Company’s system or network security  may subject you to civil and/or criminal liability. 

4. Feedback & User Content 

Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information  relating to the Sites or the Company that you provide to the Company (but excluding your PII)  (collectively, “Feedback”) is deemed to be the Company’s proprietary information. The Company may  use such Feedback for any purpose, including, but not limited to, improvement and modification of the  Sites, and the Company shall own all rights, title and interest in and to the Feedback and such  improvements and modifications. 

This Sites may contain message boards, profiles, and other interactive features that allow users to post,  submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos,  other creative transmissions (“User Content”). All User Content must comply with the standards set out  in these Terms of Use. You agree and acknowledge that you will not post any media of living persons  

without their consent. Company is not responsible or liable for any use of your uploaded media by other  users of the Sites. By providing any User Content on this Sites, you hereby grant to the Company and its  affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable,  unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to  use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any 

purpose. You represent and warrant that you own or control all rights in and to the User Content and  have the right to grant the license granted above to the Company and its affiliates, and each of their  respective licensees, successors, and assigns. The Company is not responsible or liable to any third party  for the content or accuracy of any User Content posted by you or any other user of the Sites. As an  additional quality control and review mechanism, the Company reserves the right, at its discretion, to  review all uploaded User Content before it is made public. 

The terms “Feedback” and “User Content” do not include any personally identifiable information, such  as your name, e-mail address, physical address, phone number(s), and credit card information  (collectively, “PII”) that you may provide to the Company, and which is subject to the privacy standards  set forth in the Company’s Privacy Policy. To access parts of this Sites or some of the resources it offers,  you may be asked to provide certain information, including, but not limited to, PII. It is a condition of  your use of this Sites that all the information you provide on this Sites, including, but not limited to, PII,  is correct, current and complete. 

5. Purchases; Other Terms and Conditions 

Additional terms and conditions may apply to purchases of goods or services and to specific portions or  features of the Sites, all of which terms are made a part of these Terms of Use by this reference. You  agree to abide by such other terms and conditions, including where applicable representing that you are  of sufficient legal age to use or participate in such service or feature. If there is a conflict between these  Terms of Use and the terms posted for or applicable to a specific portion of the Sites or for any service  offered on or through the Sites, the latter terms shall control with respect to your use of that portion of  the Sites or the specific service. The Company may make changes to any products or services offered on  the Sites, or to the applicable prices for any such products or services, at any time, in accordance with  the notice procedures set forth above. Payments are nonrefundable and there are no refunds or credits  for partially used purchases.  

6. Sweepstakes, Contests, and Promotions 

Notwithstanding the foregoing, ownership and use of all User Content, Feedback, and PII submitted in  connection with a sweepstakes, contest, giveaway or other promotion (“Promotion”), shall be subject to  the applicable Promotion’s “Official Rules” or other terms of service. If you participate in a Promotion,  such terms of service, may, for example, permit the Company to contact you to verify your eligibility, use  your physical address for the purposes of prize fulfillment, share your PII with third parties providing  services in connection with such Promotion or for purposes of prize fulfillment, and/or use other  information submitted with your entry for future marketing, such as to notify you of a product or  subsequent Promotion that we think may be of interest to you. If you no longer wish to receive 

information about products or Promotions, you may opt out of receiving further information by clicking  on the “Unsubscribe” link included in such e-mails. Please also note that if you win a Promotion, some of  your PII may be disclosed on a winners list as required by law. 

7. Privacy 

The Company’s Privacy Policy applies to use of this Sites, and its terms are made a part of these Terms of  Use by this reference. Additionally, by using the Sites, you acknowledge and agree that Internet  transmissions are never completely private or secure. You understand that any message or information  you send to the Sites may be read or intercepted by others, even if there is a special notice that a  particular transmission (for example, credit card information) is encrypted. 

8. Third-Party Content, Links and Services 

The Sites may display content or tools provided by third parties, links to third-party web pages, or both,  including advertisements and solicitations to purchase products or services (collectively, “Third-Party  Content”). In consideration for the convenience of the Company making this Third-Party Content  available or accessible to you, you acknowledge that the Company has not reviewed all of the Third Party Content and that the Company is not responsible or liable for any such Third-Party Content,  including, but not limited to, the privacy practices of third parties offering such Third-Party Content; you  must contact the third party directly for any remedies that may be available to you. Please be aware  that access to any Third-Party Content does not constitute an endorsement by the Company or any of its  subsidiaries or affiliates of any third parties or Third-Party Content. Likewise, the Company is not the  seller of products purchased from third parties offering Third-Party Content and is in no way responsible  for shipping their products. The Company may from time to time engage certain affiliates or other third  parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such  third party participation is acceptable. 

If the Company provides links to social media platforms, such as Facebook or Twitter, and you choose to  visit those websites through the Company’s links, please note that the information you post, transmit, or  otherwise make available on those websites may be viewed by the general public. The Company does  not control User Content on social media homepages and is not responsible for any third-party use of  your User Content that you have posted, transmitted, or otherwise made available there. 

9. Monitoring; Copyright Complaints

You agree that the Company has the right, but not the obligation, to monitor, edit, disclose, refuse to  post, or remove at any time, for any reason in the Company’s sole discretion, any Material and Content  anywhere on the Sites. Notwithstanding this right, the Company does not and cannot review all  Materials, User Content, PII, and Feedback submitted to the Sites. If notified, the Company may  investigate an allegation that content transmitted to the Company is in violation of these Terms of Use,  and the Company will determine whether to have the communication removed. However, the Company is under no obligation to remove content and assumes no responsibility or liability arising from or  relating to any actions or content transmitted by or between you or any third party within or outside of  the Sites, including, but not limited to, any error, defamation, libel, slander, omission, falsehood,  obscenity, pornography, profanity, danger, or inaccuracy contained therein. 

The Company may, in appropriate circumstances and at its sole discretion, terminate the access of users  who infringe the copyrights of others. If you believe that your work has been copied and is accessible on  this Sites in a way that constitutes copyright infringement, you may notify the Company by providing the  following information (as required by the Online Copyright Infringement Liability Limitation Act of the  

Digital Millennium Copyright Act, 17 U.S.C. sec. 512): 

a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive  right that is allegedly infringed; 

identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works  at this Sites are covered by a single notification, a representative list of such works at this Sites; 

identification of the material that is claimed to be infringing or to be the subject of infringing activity and  that is to be removed or access to which is to be disabled, and information reasonably sufficient to  permit the Company to locate the material; 

information reasonably sufficient to permit the Company to contact you, such as an address, telephone  number, and if available, an e-mail address; 

a statement that you have a good faith belief that use of the material in the manner complained of is  not authorized by you, your agent, or the law; and 

a statement that the information in the notification is accurate, and, under penalty of perjury, that you  are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Please send the written communication to the Company’s copyright agent by e-mail AND by U.S. Mail  to:

Mailing address: 

 E-mail: info@eternalspot.com

 E-mail Subject: “DMCA Request” 

10. Disclaimers 

THE COMPANY DOES NOT PROMISE THAT THE SITES OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE  OF THE SITES WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE  CORRECTED, OR THAT YOUR USE OF THE SITES WILL PROVIDE SPECIFIC RESULTS. THE SITES AND THEIR CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY  KIND. ALL INFORMATION PROVIDED ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. THE  COMPANY CANNOT ENSURE THAT THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER  DATA YOU DOWNLOAD FROM THE SITES, WILL BE FREE OF VIRUSES OR CONTAMINATION OR  DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,  INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,  MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL  LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR  RELATED TO YOUR USE OF THE SITES AND/OR ANY SERVICES OF THE COMPANY. YOU ASSUME TOTAL  RESPONSIBILITY FOR YOUR USE OF THE SITES AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY  AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING  THE SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN  THE PARTIES. 

You understand that the Sites contain information but that this information and Content does not  constitute “advice”, nor does it constitute any “recommendation” on whether or how to engage in  activities relating to the subject matter. THE COMPANY ACCEPTS NO LIABILITY OR RESPONSIBILITY  

WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE SITES,  INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF  BETTING RISKS OR MONETARY INVESTMENTS. ANY ACTIVITY IS UNDERTAKEN AT YOUR OWN RISK. 

11. Applicable Law and Venue; Dispute Resolution 

By use of this Sites you irrevocably consent to the application of the laws of the State of Ohio,  without regard to its conflicts of laws provisions, to govern any and all disputes with the Company related to these Terms of Use. Subject to the injunctive relief terms set forth herein, you also irrevocably  consent to the exclusive venue of the courts of Cuyahoga County, Westlake. If you 

access the Sites from outside of the United States, you do so at your own risk and are responsible for  compliance with the laws of your jurisdiction. 

Any dispute relating in any way to your visit to this Sites shall be submitted to confidential arbitration in  the State, except that, to the extent you have in any manner violated or threatened to violate the  Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in  any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under  these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration  Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.  Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The  expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise  as appropriately allocated between the parties to the arbitration by the arbitrator in his or her  discretion. However, in every other regard each party shall pay for and bear its own costs and legal fees,  costs and expenses. The arbitration shall be completed within one hundred twenty (120) days of either  giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall  first occur). 

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent  jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be  considered confidential information. Neither party may use, disclose, or divulge any such information  unless otherwise required by law. 

To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be  joined to an arbitration involving any other party subject to these Terms of Use, whether through class  arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute,  NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST  OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS  REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal  may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of  a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of  this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a  court of competent jurisdiction. 

In any event, Company’s total liability if found at fault shall be capped at, and in no case exceed, the  total amount you have paid to Company under this agreement.

12. User Age 

THE SITES IS INTENDED FOR ADULTS AGES 18 AND OVER. USERS UNDER 18 YEARS OLD ARE PROHIBITED  FROM USING THE SITES FOR ANY PURPOSE. BY USING THIS SITES, YOU REPRESENT THAT YOU ARE AT  LEAST 18 YEARS OF AGE. 

13. LIMITATION OF LIABILITY 

UNDER NO CIRCUMSTANCES ARE THE COMPANY, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS  LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT,  INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES  WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON  ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON  THE SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,  INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY  CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS  BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY  EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

The above limitation applies to your use, misuse, or reliance upon the Sites, including, without  limitation, damages you may incur because of Third-Party Content advertised on, or linked to the Sites. 

Any cause of action or claim you may have with respect to this Sites must be commenced within one (1)  year after the claim or cause of action arises. 

Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable  statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, in certain jurisdictions, some of the above limitations may not apply to you; all other  provisions of these Terms of Use shall remain in full force and effect. 

14. Indemnity 

You agree to defend, indemnify, and hold harmless the Company and its affiliates and their officers,  directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims,  losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to,  fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your 

use of the Sites, including, but not limited to, any Materials or User Content, (ii) any violation of these  Terms of Use or applicable law by you in connection with your use of the Sites, including, but not limited  to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person  accessing the Sites, including, but not limited to, any Materials or User Content, using your password or  account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any  unauthorized use of password protected Materials or User Content utilizing your account information,  whether or not known or authorized by you. 

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any  matter otherwise subject to indemnification by you at your expense, and you shall not in any event  settle or otherwise dispose of any matter without the Company’s prior written consent. 

15. General Data Protection Regulation (“GDPR”).  

Privacy for EU data subjects is controlled by the regulations set forth in the GDPR and is addressed by  Company’s Privacy Policy. If you do not agree to the Company’s Privacy Policy, DO NOT ACCESS OR USE  THE SITES OR SERVICES. 

16. Rights to Terminate Use 

Upon termination of your account for any reason, the Company will retain your data in accordance with  its Privacy Policy. Even if your account is terminated, be aware that these Terms of Use, to the extent  any provisions by their nature will survive any expiration or termination of these Terms of Use,