TERMS OF USE
Last Updated January 22, 2023
Please read the following Terms of Use (“Terms”) carefully. They govern Your use of the Flying Eye Reality, Inc. (hereafter referred to as “We”, “Us”, “Our”, “Company” or “Website”) Spotselfie™ and Spotland™ mobile application (the “Application”). Whenever the term “Application” is used, it includes the singular and plural and means and includes Spotselfie™, Spotland™, and Our Website. By using the Application, You acknowledge that You have read and understood all of the Terms, and You agree to be bound by these Terms.
IT IS YOUR RESPONSIBILITY TO ENSURE OUR TERMS AND PRIVACY POLICY MEET THE SPECIFIC REQUIREMENTS OF YOUR COUNTRY, AND IF THEY DO NOT, YOUR ONLY RECOURSE IS TO STOP AND CEASE USING OUR APPLICATION.
THERE IS NO TOLERANCE FOR OBJECTIONABLE CONTENT OR ABUSIVE USERS AND YOU WILL BE EJECTED FROM THE PLATFORM.
Persons or businesses that decide to fully access all the features available through the use of Our Application are required to register as a “User” which allows them to participate in the use or Our Application. The term “User”, “You”, and “Your” means registered Users, Stakeholders, Staking Entities, advertisers, businesses, or third party service providers whether or not they are a person, company, business, or organization.
As a User You specifically agree to these Terms, as well as Our Privacy Policy. You agree and accept these Terms and the Privacy Policy all of which form a binding agreement (“Agreement”) between You and Us. Each User acknowledges that this Agreement governs use of the “Content” and “Services” (as those terms are defined below) that We make available through Our Application or other third parties and takes the place of any emails, texts or conversations between You and Us.
If You do not agree to these Terms, You agree that You will not use Our Application. The Company reserves the right to change the Terms under which the Application is offered and will post such changes via the Application. If You do not agree to the amended Terms, You agree to stop using the Application. You will be deemed to have accepted the amended Terms if You continue to use the Application after such amended terms are posted showing the “Last Updated” date. Any changes will be effective immediately upon the posting the new date. Your continued use of the Application, Services, Information, and Content after the effective date of a revised version of this Agreement constitutes Your acceptance of the Terms.
Before using any of the “Information” or “Services” (as those terms are defined below) made available on or through Our Application, Users acknowledge and agree that they have read and agree to be bound by this Agreement in its entirety. Users agree to be bound by any changes to this Agreement and check back from time to time. We may revise or amend the Terms at any time without prior notice and Users agree the revisions or amendments will be effective upon updating on Our Application with those changes or amendments. We agree to change the “Last Updated” date appearing at the top of this page to reflect each time We make any changes to this Agreement. Continued use of the Application following the posting of changes shall mean that You accept those changes as of the latest update, after We send You notice of the changes. Even if You agree to Our Terms, We may deny You access in Our sole and absolute discretion, for any reason or no reason.
Registration for the Application.
The Application enables Users to create a profile and communicate with others that are located nearby or worldwide. In order to access and use the Application, You must set up a User account (“Your Account”) and abide by these Terms. In setting up and maintaining Your Account, You agree to provide accurate information regarding Your identity, Your contact information, and any other information requested by Company related to the Application. You will set Your own password for accessing the Service and shall be solely and strictly liable for everything that occurs through the use of Your Account.
You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your mobile device, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to immediately notify Company of any unauthorized use of Your password or Your Account, or any other breach of security of which You become aware. If You are under eighteen (18) years of age, You may use the Application only with involvement of Your parent or guardian. If You are under sixteen (16) years of age, You may not use the Application.
By setting up Your Account and using the Application, You expressly agree that You will receive communications from Company, including email messages. You acknowledge and agree that You consent to the receipt of such messages and that Your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to commercial communications. You may stop receiving such messages by following the opt-out instructions provided by Company in any such communication.
Disclosure and Disclaimer
By using Our Application, You agree to the terms of this Disclosure and Disclaimer. The Information contained in this Application is for general information and educational purposes only and may be sourced directly by Us or through third party sources believed to be reliable, but We can give no assurance of reliability, accuracy, timeliness or truthfulness. You agree to conduct your own due diligence and research and to accept all risks related to reliance on any Information or Services We provide or make available on Our Application. We make no representations, warranties, or guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability of the Information made available through this Application and You agree to hold Us harmless from any claims or loss You may suffer as a result of Your use of the Information or Services made available through this Application. You agree that any reliance You place on the Information or Services made available by Us on or through this Application is solely at Your own risk and You hereby agree to hold Us harmless and indemnify Us from any such loss or claims resulting from Your use of the Information or Services made available by Us or others on or through Our Application.
We may have financial interests in, or relationships with, some of the entities, businesses, and/or publications discussed or otherwise referenced on Our Application. Certain links that may be provided on Our Application are provided for convenience and do not imply Our endorsement, or approval of any businesses or third-party websites or their content. We are not authorized, registered or licensed in any capacity with any state or regional authority or the regulatory bodies or agencies of any country, state, province, or territory.
We have not and will not conduct any due diligence or background checks on Users. By using Our Application, You agree to conduct Your own due diligence hold Us harmless from any loss caused by Your purchase or sale of any products or services, or hiring of any User advertising or using Our Application. Do not rely on the Information provided or the Services made available on Our Application.
In no event will We be liable for any loss or damage to You or any third parties including without limitation, indirect or consequential loss or damage, even if We are made aware of it or notified of it by You, or any loss or damage whatsoever arising from loss of data, money, assets, or profits arising out of, or in connection with, the use of Our Application. Our Application and Services may not always be available or properly functioning and You agree to hold Us harmless from any loss of data, money, assets, or profits arising out of, or in connection with, the inability to use or access Our Application or Services.
In no event will We be liable for any loss or damage to You or any third parties including, but not limited to, any loss caused in whole or in part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from Our negligence or the negligence of any of Our registered Users, service providers or sites we link to or contingencies beyond Our or any of Our service providers’ control in procuring, compiling, interpreting, computing, reporting, or delivering the Information or Services.
You agree that We will not be liable for and You agree to hold Us harmless from any liability related to personal injury to Yourself or others resulting from Your negligence while using Our Application. Such liability shall include but not be limited to situations in which You are walking while using Our Application and not paying attention to Your surroundings or what may be going on around You.
We are not giving business advice, investment advice, tax advice, legal advice, or other professional advice by allowing You to use Our Application and Services.
The Information and Services We provide are provided to You on a strictly “as is,” “where is”, and “where available” basis. Neither We nor any of Our Users, service providers, or advertisers represent or warrant the accuracy, completeness, current status, non-infringement, merchantability, or fitness for a particular purpose of the Information contained on Our Application or the Services made available to You. We do not make any representations or warranties that access to Our Application or use of the Information or Services will be continuous, uninterrupted, or error-free.
Through this Application You are able to link to other sites which are not under Our control. We have no control over the nature, content, and availability of those third party sites. The inclusion of any links to those third party sites does not imply that We recommend or endorse the services they provide, or the views expressed by them.
Additionally, We may receive advertising, marketing, or promotional fees (which may be in the form of cash, or any other type of asset) from other businesses or companies or those wanting to promote their products or services, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available on Our Application and that information and/or Content may be biased as a result.
Advertiser Disclosure - Affiliate And Referral Programs
From time to time, We may enter into various affiliate and referral programs with others for which We receive compensation, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available through Our Application and that Information and/or those Services may be biased as a result.
Your Use of Our Application.
THERE IS NO TOLERANCE FOR OBJECTIONABLE CONTENT OR ABUSIVE USERS AND YOU WILL BE EJECTED FROM THE PLATFORM.
You may use Our Application only for legal and appropriate uses. Company reserves the right to make changes to the Application at any time and without notice. Your access to and use of the Application is completely at the discretion of Company, and Your access to and use of the Application may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:
• You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Application, and with all applicable copyright, trademark, or other intellectual property rights laws.
• You may not upload, post, email, transmit or otherwise make available any content which infringes any trademark, patent, copyright or trade secret or other proprietary right of any person or entity, unless You are the owner of the rights or have the permission of the owner to post such content.
• You may not intimidate, harass, stalk, defame or intentionally offend other Users of the Application or any other person or entity.
• You may not post any Information via the Application that includes hate speech, threatening messages, defamation, pornography, nudity or graphic or gratuitous violence.
• You may not use the Application to do anything that is unlawful, misleading, discriminatory, malicious or otherwise objectionable.
• You may not use the Application if You are a convicted sex offender.
• You may not use the Application for commercial purposes or use the Application to distribute unauthorized commercial communications.
• You may not interfere or attempt to interfere with the Application or another person’s use of the Application by use of any program, script, command, device, software, routine, or otherwise.
• You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents Your identity or affiliation with another person or entity.
• You may not be a resident or citizen of a country subject to the sanctions program established by the U.S. Department of the Treasury https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information
• You may not be named or listed on the Specially Designated Nationals And Blocked Persons List established by the U.S. Department of the Treasury https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists
Your Interactions with Other Users.
The Application enables You to interact with other Users of the Application. You are solely responsible for Your interactions with other Users, whether online or offline. You acknowledge that Company does not conduct criminal background checks regarding Users of the Service or otherwise inquire into the background of its Users in order to verify the information that they provide in registering to use the Application.
Company reserves the right, but has no obligation, to monitor or become involved in disputes between You and other Users. You shall be responsible for exercising Your best judgment in determining who to interact with, who to meet and who to share personal information with. It is Your responsibility to take reasonable precautions in all interactions with other Users of the Application, particularly if You decide to meet in person. In no event shall Company be responsible or liable for the conduct of any User or for any claims resulting from Your interactions with other Users.
Registration As A User
When You register, You may be required to register by creating an account and then signing in. If You register, You represent and warrant to Us that: (i) You are of legal age to form a binding contract, and, if You are acting on behalf of an organization, You have the right to enter this Agreement on behalf of such organization; (ii) You will provide Us with accurate, current and complete registration information; (iii) Your registration and Your use of Our Application is not prohibited by law; and (iv) You have all legal rights to provide the Content You post and will not violate any confidentiality agreements, copyright or trademark laws, intellectual property agreements, court orders, or other laws or agreements that may prohibit You from posting such information, posts, comments or other such Content.
About the Spotselfie™ and Spotland™ Applications.
a. Our Applications provide access to Our patented augmented reality social network that allows Users to post pictures, videos, stickers and other digital material geotagged to locations across the country, helping them move cyber interactions to the real world. This patent ensures that Spotselfie™ is the only application in the U.S. that can create augmented reality powered social experiences that enhance Your personal worldview with computer-generated information. This patent is why We are the only ones who have this capability, and not other social media networks or platforms. We do not vouch for any Users of Our Application. We do not endorse any of Our Users and do not sanction or support products, services, or statements that Users make on the platform or elsewhere, although from time to time We may monitor and/or review what Users post through Our Application.
b. We do not offer any legal advice or financial advice and We are not involved in agreements between Users or in any legal or other selling type of representation of Users. We do not provide confidential communications between Users, so please note that any communications between Users is not protected or confidential. You agree to hold Us harmless and indemnify Us from any and all such claims made as a result of Your using Our Application, the Information or entering into an agreement of any kind with a User or anyone else using Our Application.
Your Permission and Consent:
By using Our Application, You agree and consent that We may obtain various forms of information from the device You use while using Our Application, which information includes:
Registration as a Staking Entity; Staking Fees; Becoming a Stakeholder.
Users that are either business owners, landowners, corporate advertisers, marketing/advertising agencies, non-profits, universities, colleges, schools, institutions, or governmental entities (cumulatively referred to as “Staking Entities”) may register as a Staking Entity. If You are a Staking Entity You will be given priority regarding claiming (“Staking”) Digital Land as well as the adjoining Digital Land that may be owned by a city, town, county, state, province, municipality, or government. Please note however, the person or entity that owns the GPS physical land location has rights above all other Users and Staking Entities in that Digital Land. Staking Entities agree that once they become a Stakeholder, We are permitted to use their name in a press release, on Our Application, or in various forms of media, including all current and future social media platforms.
When a Staking Entity pays Us the applicable fee (“Staking Fee”) and is approved by Us, they become a “Stakeholder” of that Digital Land they have Staked. The Staking Fees that are payable by a Staking Entity pursuant to the terms that We establish and are subject to change from time to time before you pay the Staking Fee, but once You pay the Staking Fee and become a Stakeholder, We cannot increase the Staking Fee and You are grandfathered in regarding that Staking Fee you paid which We cannot change. To become a Stakeholder and maintain Your status as a Stakeholder in relation to specific Digital Land You must be:
(a) a Staking Entity in relation to the Digital Land that You wish to Stake;
(b) You must pay the Staking Fee; and
(c) You must agree to and be in compliance with these Terms, however We reserve the right to deny Your Stake and Stakeholder status if We determine in Our discretion that You are in material breach of the terms of this Agreement.
Advertising and Marketing Programs
Users, whether or not Staking Entities or Stakeholders, agree that all advertising and marketing of augmented reality technology shall only be produced and managed by Flying Eye Reality, Inc. Users agree they shall not have or attempt to gain access of any kind to Spotland Digital Land through Our Application or otherwise to create and distribute immersive and other types of advertising and marketing campaigns on Spotland Digital Land, if it is not designed and implemented by Flying Eye Reality, Inc. Additionally, Users who want immersive and other types of advertising and marketing campaigns placed on Spotland Digital Land, agree to only us Flying Eye Reality, Inc. for such advertising and marketing for which they will be charged a fee for the creation and distribution immersive and other types of advertising and marketing campaigns on Spotland Digital Land.
Costs Per Plot:
For a limited time, We are offering Staking Entities the ability to purchase Spotland Digital Land at a fixed rate, one-time, Staking Fee. It is very possible that in the future, Staking Entities will have to pay higher rates and may even have to pay a monthly or yearly Staking Fee instead of a one-time Staking Fee, but that will not affect Stakeholders who have already purchased specific Spotland Digital Land, although it will likely affect the price even Stakeholders pay for future purchases of Spotland Digital Land. Below are the current one-time Staking Fees and examples of the types of Stakeholders:
Plot 1: 0 – 100ft Dia. - $150
o Fast-food Franchises
o Small Business
Plot 2: 101 ft - 300 ft Dia. - $1,000
o Dick’s Sporting Goods
o Planet Fitness
Plot 3: 301 ft - 1,000 ft Dia. - $10,000
o Home Depot
o Menards
o Target
o Walmart
o Hospital
o Mid Size Corporate HQ
Plot 4: 1,001 ft – 5,000 ft Dia. - $600,000
o College Campus (medium)
o Pro Sports Stadiums & Parking
o Concert Arenas
o Large Corporate Campuses
Plot 5: 5,001 ft – 10,500 ft Dia. - $850,000
o College Campus (large)
o Amusement Parks
o Town
o Downtown City
o Airport Terminal
We reserve the right to reclaim Spotland Digital Land back from Stakeholders, but only in the event of a Stakeholder’s material breach of this Agreement, in which case We will not pay or reimburse the Stakeholder.
Universities, Colleges, Schools, and Educational Institutions
For more information about programs and features available to universities, colleges, schools, and educational institutions visit Our Academia Page and Our Academia FAQs.
Inactive Status and How to Avoid Inactive Status.
“Inactive Status” does not apply to Stakeholders, as that term is defined below. In order to avoid “Inactive Status” and losing Your Digital Land, Users must do the following on a calendar monthly basis:
1. Make at least one Spotselfie post (picture or video)
2. Like at least one Spotselfie post (picture or video)
3. Comment on at least one Spotselfie post (picture or video)
4. Follow at least one Spotselfie User
After 30 days Your account will be put on probation and We notify You at the email associated with Your Spotselfie account to remind You to maintain the basic social engagement level and the active status of Your account so You do not risk losing Your Digital Land.
Your account will continue its probationary period for an additional 15 days once You go past the 30 day notification period. If a Spotselfie User has still not met the minimum social engagement level after that additional 15 day period, We then have the right to nullify all of that User’s Spotland Digital Land claims and their Digital Land claims will then revert back to Flying Eye Reality, Inc.
Definitions. The following words are used throughout these Terms and have specific meanings. You should know what each of the terms means.
a. The term “Agreement” means, collectively, to all the terms, conditions, and notices contained or referenced in these Terms and the Privacy Policy.
b. Whenever the term “Application” is used, it includes the singular and plural and means and includes Spotselfie™, Spotland™, and Our Website.
c. “Content” means the content featured or displayed on or through Our Applications and Website, including but not limited to text, documents, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are made available on Our Application either by Us, third parties, or by You. Content includes, without limitation, Your Content, and Third-Party Content which may be submitted by any User or others that are not Users.
d. “Digital Plot” means a 30-foot diameter circle (15-foot radius) identified based on GPS coordinates and each subsequent Digital Plot a User claims is increased by an additional 10 feet of diameter up to a maximum of a 400 foot diameter.
e. “Digital Land” means one or more Digital Plots.
f. “Information” means any Content, software, data, pricing, ratings, products, Services, charts, analysis, comparisons, figures, advertising tips, marketing information, business advice, advice, or graphics made available by Us, Users, or Stakeholders through Our Application.
g. The term “Service” or “Services” means the services provided by Us, including without limitation access to Our patented augmented reality social network.
h. The term “Stakeholder” means a Staking Entity that has paid its Staking Fee and been approved by Us as a Stakeholder.
i. The term “Staking” means the right to claim Digital Land through Our Application, but only if you are a Staking Entity that has been approved by Us.
j. The term “Staking Entity” means Users that are either business owners, landowners, corporate advertisers, marketing/advertising agencies, non-profits, universities, colleges, schools, institutions, or governmental entities. Staking Entities are given priority regarding the claiming or “Staking” of Digital Land through Our Application as well as the adjoining Digital Land that may be owned by a city, town, county, state, province, municipality, or government.
k. The term “Staking Fee” means the fee that is payable by a Staking Entity pursuant to the terms that We establish from time to time.
l. The term “User,” “You”, and “Your” means registered Users, Stakeholders, Staking Entities, advertisers, businesses, or third party service providers and includes persons, companies, businesses, or organizations.
m. The “Website” refers to Our Website, all subpages and subdomains, and all Information, Services, and products available at or through Our Website.
n. Our Website and Applications are owned by Flying Eye Reality, Inc. and Flying Eye Reality, Inc. is also referred to as “We”, “Us”, “Our”, “Applications” or “Website”. When any of these words are used in these Terms those words shall also include Our affiliates, corporate owner, directors, subsidiaries, officers, members, managers, successors, assigns, designees, suppliers, service providers, independent contractors, consultants, and employees.
License and User Content.
Company grants You a limited, non-exclusive, non-transferable license to access and use the Application in legally authorized jurisdictions for personal, non-commercial purposes. This license is contingent upon Your compliance with these Terms. Any unauthorized use of the Application shall automatically terminate the license granted to You by Company for such use. You shall be solely responsible for Your actions and the contents of Your transmissions via the Application. Although Company does not claim ownership of any of the photographs, videos, information, materials and other content that You post via the Application (collectively, “Your Content”), by posting Your Content via the Application, You agree that You are automatically granting Company an irrevocable, perpetual, non-exclusive, fully paid, and royalty-free, worldwide license to use, reproduce, copy, perform, adapt, edit, revise, display, reproduce, and distribute Your Content in any manner, for any purpose, without restriction, and in any medium including in connection with the Application. You agree that Our rights to the Information and Content You generate or post, which rights are set forth in this Section and elsewhere in this Terms, apply even after We or You terminate Your account or status as a User.
Responsibility for Your Content.
You may create Content, written or otherwise, while using Our Application. You are solely responsible for the Content of, and any harm resulting from, any of Your Content that You post, upload, link to or otherwise make available via Our Application, regardless of the form of that Content. Any liability, loss or damage that occurs as a result of the use of any of Your Content that You make available through Our Application is solely Your responsibility. We are not responsible for any public display or misuse of Your Content and We do not verify, research, or verify the truthfulness or accuracy of any third party Content or Information made available on or through the use of Our Application, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, or financial advisors without relying on any Content, advertising or marketing that appears on or is accessible through Our Application.
Right to Post.
You represent and warrant that You have the right to post all Your Content. Specifically, You warrant that You have fully complied with any third party licenses, sublicenses, or permissions relating to such Content and have taken all steps necessary to post, display or pass through such Content on Our Application.
We May Modify or Remove Content.
We have the right (though not the obligation) to, in Our sole discretion, determine whether or not any Your Content is appropriate and complies with these Terms, or refuse or remove any of Your Content that, in Our reasonable opinion, violates any of Our policies or is in any way harmful, inappropriate, or objectionable. We further reserve the right to make formatting and edits and change the manner of any of Your Content.
Ownership.
You acknowledge and agree that the Application, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the Application shall at all times remain Our sole property. You will not acquire any right, title or interest in or to the Application by reason of these Terms, except for the non-exclusive license to use the Application in accordance with these Terms. While We may market or advertise Our Application as allowing Users to “own” Digital Land, You agree and understand that You do not “own” Digital Land other than having “rights” in specific Digital Land pursuant to these Terms and the rights to a revenue share attached to Your Digital Land but only through Our Application. Other software, websites, and applications may exist or come into existence in the future regarding Digital Land similar to what We offer through Our Application, so You understand you are not an exclusive owner of Digital Land. Only one User may own rights to a specific piece of Digital Land and no two pieces of Digital Land will be identical. We reserve the right in Our sole and absolute discretion to terminate Your account or access to Our Application at any time for any reason or no reason and You waive any right to claim damages for such termination.
Third Party Content.
There will be Content from third parties accessible through Our Application or linked from Our Application. Because We cannot control that Content, We are not responsible for that Content or for the websites or other applications that Content may link to.
a. Access To Third Party Content. By using Our Application, You will be able to access Content belonging to or originating from third parties (“Third-Party Content”). Your use of Our Application is consent for Us to present this Third-Party Content to You. You acknowledge all responsibility for, and assume all risk for, Your use of Third-Party Content.
b. No Responsibility For Third-Party Content. As part of Our Application, We may provide You with convenient links to third-party website(s) as well as other forms of Third-Party Content. We are not responsible for any public display or misuse of Third-Party Content and We do not verify, research, or verify the truthfulness or accuracy of any Third-Party Content, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, or financial advisors without relying on any Third-Party Content, advertising or marketing that appears on or is made available through Our Application. We have limited control over third-party websites or Content or the promotions, materials, information, goods, or services available on them. By linking to such Content, We do not represent or imply that We adopt or endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice, or statement made by Users, businesses, advertisers, or third parties. We are not responsible for any Third-Party Content accessed through Our Application. If You decide to leave the Application and access Third-Party Content, You do so at Your own risk and You should be aware that Our terms and policies do not govern Your use of those third-party websites or applications. You should review the applicable terms and policies, including privacy and data gathering practices, of any such Third-Party Content.
c. No Authorization To Use Third Party Content. This Agreement does not authorize You to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content except as permitted by those third-party websites or applications You are visiting.
User Responsibilities. You, and You alone, are responsible for Your account and anything that happens while You are signed in to or using Your account. Your security is Your responsibility.
a. User Account Security. If You register as a User, You will create a personalized account which includes a unique username and a password to access Our Application and to receive messages from Us, Users, businesses, and advertisers. You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Us immediately of any unauthorized use of Your account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of Your computer, mobile device, or other computing device and/or account.
b. We do not select or endorse any individual or business User nor any Information they make available to You or may post anywhere on Our Application. We do not make any warranty, guarantee, or representation as to the authenticity, ability, competence, quality, finances, or qualifications of any User. We strongly advise and encourage Users to, and each User represents and agrees that they will research, conduct their own due diligence, and , if necessary, do a background check on any User before accepting their advice or services, products, entering into any type of partnership, business, or other relationship, or offering them employment, consulting fees, performance based fees, or equity.
c. No Reliance on the Information. Information posted on or made available through Our Application, such as blog posts or forums, is provided for entertainment, informational, and research purposes only, with no assurance that the Information is true, correct, or accurate. The Information is not a substitute for professional business, financial, or legal advice nor is it a solicitation to offer business, financial, or legal advice regarding specific facts. You should not delay or forego seeking independent advice regarding Your particular situation. Delay in seeking such financial or legal advice could result in waiver of any claims You may have, depending on the applicable statute(s) of limitation. The Information, regardless of its source, is not regulated or overseen by any governmental or regulatory authority or agency.
d. We Do Not Guarantee Results. From time to time, Users may submit reviews of other Users or the services or products of various businesses; these reviews do not constitute a guarantee, warranty, or prediction regarding the quality, effectiveness or outcome of any future matter. You agree that We shall have no responsibility or liability of any kind for any of the Information presented on or made available through Our Application, and any use or reliance on such Information is solely at Your own risk.
e. Compliance with Laws. You represent, warrant, and agree that: (i) You have the authority to, and are of legal age in Your jurisdiction to, bind Yourself to this Agreement; (ii) Your use of Our Application will be solely for purposes that are permitted by this Agreement; (iii) Your use of the Application will not infringe or misappropriate the intellectual property rights of any third party; and (iv) Your use of the Application will comply with all local, state and federal laws, rules, and regulations, and with all other policies we establish from time to time.
Copyright Infringement and DMCA Policy.
If You believe that any Content located on Our Application or linked to a third-party website by Us violates Your copyright, please notify Us in accordance with Our Digital Millennium Copyright Act Policy.
a. Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requests the same of Users. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, We will terminate a User’s access to and use of Our Application if the User is considered by Us a repeat infringer of the copyrights or other intellectual property rights of the Company or others. We may terminate access of Users who We believe repeatedly provide or post protected Third-Party Content without appropriate rights and permissions.
b. DMCA Take-Down Notices. If You are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on or through Our Application infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to The Company’s designated copyright agent: Business: Flying Eye Reality, Inc., 9660 Industrial Dr, St John, IN 46373. Attention: Ray Shingler, phone 219-309-7048.
c. Response To DMCA Take-Down Notices. If We take action in response to an infringement notice, it will make a good faith attempt to contact the party that made such Content available by means of the most recent email address, if any, provided by that party to the Company. Any DMCA infringement notice may be forwarded to the party that made the Content available or to third parties such as https://lumendatabase.org/.
d. Counter-Notices. If You believe that Your Content that has been removed from Our Application is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content You submitted, You may send a properly formatted counter-notice to the Company’s copyright agent using the contact information set forth above.
e. Response to DMCA Counter-Notices. If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed Content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content will be reinstated on the Application in ten (10) to fourteen (14) business days after receipt of the counter-notice.
Intellectual Property Notice.
We retain all ownership of Our intellectual property, including Our copyrights, patents, and trademarks.
a. No Transfer. We retain ownership of all intellectual property rights of any kind related to Our Application, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. This Agreement does not transfer from Us to You any of the Company’s or third party’s intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Us. We reserve all rights that are not expressly granted to You under these terms.
b. Specifically, Spotselfie™ and Spotland™, and all other trademarks that appear, are displayed, or are used on the Application or as part of the Services are registered or common law trademarks or service marks of the Company or are those belonging to others who have given Us approval to use them. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without Our prior written permission.
c. Any comments or materials sent to Us or posted on Our Application, including feedback data, such as questions, comments, suggestions, or the like (collectively “Feedback”), shall be deemed to be the intellectual property of the Company. The Company’s use of the Feedback will be in compliance with Our Privacy Policy, and applicable laws. The Company shall have no additional obligations with respect to such Feedback and shall be free to reproduce, modify, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, We shall be free to use any descriptions, testimonials, recommendations, criticism, ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to improving Our Application, and developing, creating, and marketing products and services incorporating such Feedback.
User Dispute Resolution Procedures.
a. Users agree that any disputes between Users shall be resolved by arbitration or litigation as set forth in the listing agreement entered into between them. Users agree that any such disputes between Users shall be settled, arbitrated, or litigated between them. If You have a dispute with one or more Users, You release the Company from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Users agree that they shall hold harmless and shall indemnify the Company from and against any such claims, demands, lawsuits or losses and that in either event the maximum liability of the Company shall be $250.00. The laws of the State of Indiana, U.S.A. shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms and any claims to be made by a User against the Company, without regard to principles of conflicts of laws thereunder. All Users and the Company agree to submit to the exclusive jurisdiction and venue of the state courts of Indiana, U.S.A. located in the Porter County for any action arising out of these Terms.
b. You agree that any cause of action related to or arising out of Your relationship with the Company must commence, by filing a lawsuit pursuant to these Terms, not later than three hundred and sixty-five (365) calendar days after the claim or cause of action accrues. Otherwise, such claim or cause of action and Your rights to bring such action shall be permanently barred.
c. Jury Trial Waiver. Users and the Company acknowledge and agree to waive the right to a trial by jury as to all matters, disagreements, disputes, or controversies of any kind or nature that may exist between them.
d. No Class Actions or Representative Proceedings. Users and the Company acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. Further, unless Users and the Company both otherwise agree in writing, the court may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
Indemnification.
You agree to indemnify, defend and hold Us harmless from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, relating to or arising from: (a) any violation of this Agreement by You; (b) Your Content and/or any other materials that are posted or activities that occur under Your Account; (c) Your interactions or communications with any other User of the Application; and (d) reliance on the reviews, Information, statements, or communication from other Users, advertisers, or third parties using Our Application. We will have sole control of the defense of any such damage or claim made against Us.
Disclaimer of Warranties TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE APPLICATION HAS NOT BEEN VERIFIED, AND COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE APPLICATION UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER COMPANY, NOR ANY OF COMPANY’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “COMPANY ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE APPLICATION OR INABILITY TO GAIN ACCESS TO OR USE THE APPLICATION OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COMPANY OR A COMPANY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
IN NO EVENT ILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE APPLICATION, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM BODILY INJURY AND/OR EMOTIONAL DISTRESS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANYTHING THAT HAPPENS ON SPOTLAND DIGITAL LAND REGARDING USERS, NON-USERS, ADVERTISING, MARKETING, AND POSTING OF CONTENT OR INFORMATION AND YOU AGREE TO HOLD US HARMLESS AND INDEMNIFY US FROM ANY AND ALL SUCH CLAIMS AND DAMAGES, THAT YOU OR A THIRD PARTY MAY BRING, OF ANY KIND OR NATURE AND WHEREVER AND HOWEVER BROUGHT.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY IS TO STOP USING THE APPLICATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE APPLICATION IS CONTROLLED, OPERATED AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE APPLICATION IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE APPLICATION FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. IT IS YOUR RESONSIBILITY TO ENSURE OUR TERMS AND PRIVACY POLICY MEET THE SPECIFIC REQUIREMENTS OF YOUR COUNTRY, AND IF THEY DO NOT, YOUR ONLY RECOURSE IS TO STOP AND CEASE USING OUR APPLICATION.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN COMPANY AND YOU.
Flying Eye Reality, LLC respects and is committed to Your privacy. Please review our Privacy Policy, which also governs Your use of the Application, to understand Company’s practices.
Spotland™ Program Terms Overview
Spotland™ allows Users to monetize their Digital Land (real-world GPS location) in augmented reality (AR) anywhere around the world within Our Spotselfie™ social platform. Users can share in revenue from advertisements on their Digital Land when We are able to allow businesses to advertise using Our Application. We estimate this feature should be available by Q1 of 2022, but there is no guarantee it will be launched on time or that once launched it will be free from errors, glitches, or further delays.
How do Users Acquire Digital Plots?
Users can acquire Digital Land directly from their User account in Spotselfie by exchanging social tokens they earn from being socially engaged within the platform.
Social Tokens
o Users earn one social token based on each social engagement level reached in Spotselfie
o Social engagement levels increase automatically once completed
First, Users must download Spotselfie and create an account
Level One – Setup profile
• Profile pic, add Bio, fill in Your Mojo
Level Two – Social engagement
• Post a Spotselfie
• Like a post
• Comment on a post
• Follow a User
• Gain a follower (get a friend to join Spotselfie)
• Add Flare to profile
Level Three – Social engagement
• Post an additional five Spotselfies
• Like an additional five posts
• Comment on an additional five posts
• Follow an additional five Users
• Gain five additional followers (get five friends to join Spotselfie)
• Update Flare in profile
Additional levels repeat based on level three requirements
o Users exchange social tokens for digital plots of land
A single social token is worth one digital plot of land
• A Digital Plot is a 30-foot diameter circle (15-foot radius) identified based on GPS coordinates.
• Each additional Digital Plot acquired by a User grows by an additional 10 feet in diameter (5-foot radius) up to a maximum of a 400 foot diameter and is separate from each of Your other Digital Plots. You cannot increase the size of an existing Digital Plot, You can only acquire additional separate Digital Plots.
• Digital Land is one or more Digital Plots owned by a User
o Users pick the location for their Digital Land right on the Spotselfie platform
o When an advertiser(s) picks a place to pin an AR advertisement the current User that owns the rights of that specific Digital Land gets 30% of the total revenue generated from that advertisement.
We send that User their monthly advertising revenue
o Users can move their Digital Land to other locations if available and unclaimed by other Users
o There is no limit on how much Digital Land a User can own
If You are not a Stakeholder, You agree that We have the right in Our sole and absolute discretion to purchase Your Spotland Digital Land back from You based on the Digital Land value per square foot that We will designate from time to time and which is subject to change. Currently, the price per square foot is set at 1.5 cents USD. The value could go up in price as Our platform acquires more Users and Stakeholders. All Users agree that before We can pay them the User must provide Us with Form W-9 and they understand that We will be sending them a Form 1099 if they meet the federal guidelines for such reporting of income.
A buyback option would happen when a User has already acquired a Spotland Digital Land over which a Stakeholder exercises their right to Stake their claim. An example would be when a User acquired a Spotland Digital Land at Chicago Cubs Wrigley Field, and then the Cubs purchase that Spotland Digital Land through Our platform. We would then purchase the Spotland Digital Land back from that User or Users and give them a free social token to acquire a Spotland Digital Land of equal size, somewhere else. The prices below are to be used as a reference, based on the diameter size and current value of a square foot of digital land at 1.5 cents USD.
o 30 ft diameter = $10 (approximately one Digital Plot with a thirty foot diameter)
o 40 ft diameter = $19
o 50 ft diameter = $30
o 60 ft diameter = $42
o 70 ft diameter = $58
o 80 ft diameter = $75
o 90 ft diameter = $95
o 100 ft diameter = $118
Sale, Transfer, and Removal of Digital Land by Users
Users, in the future, will have the ability to sell their Spotland Digital Land to other Users in the platform for cash but general Users will not be allowed to sell Digital Land to Staking Entities; only Flying Eye Reality, Inc. has the right and reserves the right to sell Digital Land to Staking Entities.
Users can offer for sale more or less than the platform value for a square foot of Digital Land, however, as stated above, they cannot sell to Staking Entities. The value of a square foot of Digital Land in Spotselfie is dependent on the number of active Users in the Application. The price can go up or down and is displayed and adjusted by Us from time to time and will be a matter of public knowledge. We reserve the right in Our sole and absolute discretion to determine whether or not at any point in time We will purchase the Digital Land back from You.
To clarify, there are only two ways for a User to “cash-out” their Spotland Digital Land:
(a) They sell it to another User, using Our Application to process that transaction; or
(b) We purchase the User’s Spotland Digital Land for any reason or no reason in Our sole and absolute discretion.
Additionally, if You are a homeowner and You want Your home property removed from being claimed by a User, You can contact Us and we will remove Your property from being claimed at no cost to You.
Staking Entities have two options regarding what they can do with Spotland Digital Land:
(i) Stake their claim to Spotland Digital Land and become a Stakeholder; or
(ii) Opt-out to remove the Digital Land from Our Application altogether for which We do charge a removal fee that has not yet been determined.
How do Users Earn Revenue?
Users can earn revenue from advertisers who place ads on their Digital Land when the User enables their Digital Land for monetization. Augmented reality (AR) ads are served through the Spotselfie SAM portal. The SAM portal is where advertisers create an account to place AR ads anywhere around the world.
• You understand and agree that there are no guarantees about how much, or whether, You will earn anything from Your Digital Land
• Earnings are generated based on a 30% share of advertising revenue placed on Your Digital Land
• Payment is sent directly to the User's account they give Us
• The User’s receiving account must be the account that the User owns; it cannot be an account of another person who is not the User
• Payments are sent about halfway through the following month. For example, revenue accrued in June will be transferred to a User's account in mid-July
• User pays all taxes generated from ads on their Digital Land (1099-NEC). Users are earning money that may be subject to taxes. Users need to check with their local tax authorities about what their responsibilities may be.
Payment Methods
• Transaction/payment
o PayPal – small land purchases single owners
o Staking Entities checks (in Our sole discretion)
Net 15 calendar days
Spotland is “reserved” until payment received
• Staking Entities cannot manage their Spotland Digital Land until payment is received and funds cleared
Spotland Standard Tools
o Various tools will be made available to Users, many of which are free when Users claim their initial Spotland Digital Land
o Spotland Portal Dashboard
o Define and lock viewable Content within Your Spotland while a User is on Your land
o Users only see business posted Content
o No public posting
o Private
Spotland Premium Features – Additional Costs as Set From Time to Time
o Advertising and Marketing
o Platform Notifications
Spotland™ Student Meta Store Program Terms
University students have the opportunity to claim a 100-foot diameter circle to set up their Student
Meta Store. The Student Meta Store is basically a modified version of Spotland for business.
Each Student Meta Store will have a digital GPS boundary that a student can stake a claim to and
manage.
The Terms for Setting up and Running a Student Meta Store are as follows:
1. First Store Free. The first Student Meta Store will be FREE, as long as it is claimed by an
enrolled student at any United States university.
2. Size and Location. The Student Meta Store will be a 100-foot diameter circle, located by the
student, at a GPS location on campus. Students cannot claim a GPS location already taken in the
Spotland platform by another User or Stakeholder.
3. Additional Student Meta Stores. Once a student creates a Student Meta Store, they
can "replicate" (copy) it to another location (either on their own campus or at another campus
located anywhere in the United States. The fee for claiming another location for all Student
Meta Stores, after the first free store, is $30 for each new store, for a term that ends July
31st of each calendar year. Currently there is no limit on the number of stores that can be
replicated or claimed as Student Meta Stores.
4. Store and Ad Wizard. There is a Meta Store Wizard to simplify the process of setting up the
store in only 3 basic steps and an Immersive Ad Wizard that a student will use to create ads in
their Student Meta Store.
5. Store Renewals on a First Come First Served Basis. Each year on July 31st, all leased Student
Meta Store GPS locations are removed from the Spotselfie/Spotland database. Students
will need to go back into the Spotselfie S.A.M. Portal on Aug 1st, or later assuming
their previous Student Meta Store listing is still available, to reclaim any GPS locations that
they previous claimed. There can be no guarantee that students will get the same GPS
location(s) they had before. So, each year beginning August 1st and ending July 31st, students get
the first store free and will have the right to claim any other Student Meta Store locations not
already taken for $30 per store location per twelve month period running from August 1st through
July 31st. WE WILL NOT PRO RATE THE $30 FEE BASED ON THE TIME OF YEAR YOU
CLAIM ADDITIONAL STUDENT META STORES, so keep that in mind when you decide
to claim other locations and pay the $30 fee. We don't remove Student Meta Store from Our
database, just the GPS location associated with it. Students are still able to log in (at the S.A.M.
Business Portal) to locate their store's listing and re-select a new GPS location for their
store. Students may choose the same spot they had before if it has not already been taken.
6. Earning Revenues. Students that have claimed one or more Student Meta Stores pursuant
to these Terms of Use and are not in violation, get to receive 100% of the revenues generated
from the sale of all merchandise and services the Student is able to sell from their Student
Meta Store. Students that drop their merchandise outside of their Student Meta Store
GPS location, agree to pay and shall be charge $4.00 per day for that merchandise or service
immersive advertisement. All advertisements for merchandise and services placed inside a
Student’s Meta Store GPS location are free, and Students get 100% of that revenue.
7. Indemnify, Defend and Hold Harmless. The student agrees to indemnify, defend, and hold
harmless Flying Eye Reality, Inc. pursuant to the indemnification section and other provisions set
forth in these Terms of Use. The student also agrees not to knowingly violate or infringe on any
intellectual property rights regarding the store, ads, or anything else the student does as a User
and understands and agrees that such acts or failure to act, even if unintentional, triggers the
indemnification section and other provisions set forth in these Terms of Use.
8. Prohibitions. In addition to the other restrictions on Users set forth in these Terms of use, student
Users also represent and agree that they will not sell, endorse, promote, advertise, or market in
any way drugs, pornography, nudity, sex, or alcohol from their store.
Benefits of Having a Student Meta Store
1. A student can drop AR immersive advertisements, marketing, or promotions (“ads”) for their own
merchandise (custom or reseller) or offer services to fellow students or others. There will be no
limit on the number of ads, and it is likely the more ads used the better a student’s chances for
generating revenues. The student retains 100 percent of all revenue generated from their
merchandise or services.
2. Students can "hustle" and go out to get outside advertising placed anywhere within the Spotselfie
Metaverse (local or national) and manage/create their new customers' immersive ads. Students
can also set their own pricing model above the initial cost for the immersive advertisement in the
Spotselfie Metaverse of only $4 per day, although We can give Students a suggested range.
Payment for immersive advertisement placements is automatically processed once the immersive
advertisement is created and goes live. Students should remember that any immersive
advertisements placed INSIDE their Student Meta Stores are free, BUT any advertisements
placed OUTSIDE their Student Meta Stores are $4.00 per day, and they must be paid at the
time the advertisement goes live in the Spotselfie Meta and for the complete duration of the
advertisement period the Student chooses (30 day, 45 days, etc.). As an example, one
advertisement placed outside a Student’s Meta Store’s GPS location that runs for 30 days
will cost the student $120.00. If they are advertising for a pizza restaurant, they could charge
$6.00 per day and make $2.00 per day profit, which would be a $60.00 per month profit. So by
selling 10 advertisements per month the Student makes $600 in profits, but would make even
more if the Student places those advertisements in the Student’s own Meta Store’s GPS
location.
3. Students will have a merchandise listing that is linked to their profile so another student can see
all their items for sale without having to be on their GPS-located store. This listing is a modified
version of our current advertising metrics page already built in our S.A.M. Business Portal. All merchandise
sold in AR immersive ads and from store listings will have a link that directs the customer to the
student's own outside pay accounts. That way, Flying Eye Reality Inc. does not do any
transactions for the Student's merchandise or services. Students are to supply the link (to their
choice of payment platform) in the Immersive Ad Wizard.
4. Students can move their Meta Store’s GPS location to any open location on campus during
the full year, so Students are not locked into a certain GPS location on campus. Students can
move their Meta Store’s GPS location daily, weekly, or monthly if they feel another spot
might be busier in the fall than in the winter, or to a football stadium or other high traffic location
on campus.
Suspension Conditions - Payment can be suspended in the following situations:
• If You are not in compliance with Our Terms of Use, Your payment will be suspended indefinitely and the lifting of Your suspension and payment of accrued advertising revenue will be subject to Our sole and absolute discretion.
*Note: You understand and agree to these Suspension Conditions and Your only recourse if You do not agree shall be to cease using Our Application and terminate Your account. We reserve the right in Our sole and absolute discretion to implement or delay these Suspension Conditions at any time or postpone them even after they have been implemented and these Suspension Conditions may not be applied universally to all Users in the same manner.
Forfeiting of a User's Digital Land ownership and all accrued but unpaid revenue back to Flying Eye Reality, Inc. may occur in the following situations:
• Multiple violations of Spotselfie's Terms of Use policy
• Flying Eye Reality, Inc. was acquired by another company
• User deletes their account
• The registration or use of Your account by another person without obtaining Our prior express permission will result in the immediate suspension or termination of Your account
• Spotland may be withdrawn at any time without notice. These Terms of Use will survive any such withdrawal
• You will not post or transmit any material or information (or conduct any dealing or otherwise treat Spotland in a way) which is or is likely to be offensive, defamatory, obscene, unlawful, misleading, deceptive, vulgar, harmful, threatening, abusive, harassing or ethnically or religiously objectionable
• Any material which You post may be removed by Us, in Our sole and absolute discretion, without notice at any time
• You accept that any material or information provided by You may be posted on Your Digital Land for any other Users to see or read
*Note: You understand and agree to these forfeiture terms and Your only recourse if You do not agree shall be to cease using Our Application and terminate Your account. We reserve the right in Our sole and absolute discretion to implement or delay these Suspension Conditions at anytime, or postpone them even after they have been implemented and these forfeiture conditions may not be applied universally to all Users in the same manner.
Our Role as Flying Eye Reality, Inc.
• You agree to indemnify Us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to Your ownership of Digital Land rights through Spotland, Your breach of these Terms, any information that You provide to Us via the Application or any damage that You may cause to the Application. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, and trade mark infringement.
• We are not responsible for any User-generated Content posted on, or available through, a User's Digital Land. We are entitled to monitor and moderate any User-generated Content, however We are not required to do so at all, or at any particular frequency or in any particular manner. We will not enter into discussion about the basis of any moderation decisions, which We make on a final basis in Our sole and absolute discretion.
• If You download any material from a User's Digital Land, You acknowledge and agree that We are not liable to You for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, display, publish or create derivative works from any downloaded material. In addition, You may not commercialize any Information, products or services from the downloaded material.
• We do not warrant that any material You post to Your Digital Land will be protected against loss, misuse, or alteration by third parties. We do not warrant that We will post Your Content or material to Our Application. If We elect in Our sole and absolute discretion to post Your material on Our Application, We do not warrant that the material or information You submit will be posted within a certain time frame or at all.
• You indemnify Us and Our affiliates, officers, directors, subsidiaries, and employees against any claim by a third party arising out of a breach of these Terms either by You or by any person using Your password or ID, whether or not You have authorized that person to use Your password or ID.
Availability of Digital Land Through Spotland
The location of any Digital Land that is not yet assigned to any particular User is available on a first-come-first-serve basis. You can move Your Digital Land anywhere You like as long as that new location is not already taken previously and still in use by another User.
• There is no inherent value in any specific Digital Plot, and the value in particular Digital Plots, may fluctuate in value from time to time by various factors, including User demand, advertiser demand, and changing advertising revenue that is generated month-to-month and year-to-date.
• Your rights in any Digital Land are not 'ownership' of Digital Land but are only rights in the advertising revenue that may be generated from Digital Land You claim through Our Spotland Application and those rights are only conferred by these Terms for the purposes of transacting within the Application as a registered User
o Those rights are expressly subject to all of these Terms that apply to use of the Application, and require You to remain a registered User in good standing
• Neither Your account nor Your Digital Land are assignable or transferable
• If Your User account is terminated in accordance with these Terms, or You cancel Your use of the Application platform for any reason, You forfeit any Digital Land that You have claimed through Spotland and We are not liable to You in any way (including without limitation for the payment of any amount of subsequent advertising revenue earned from Your forfeited Digital Land)
o Any Digital Land so forfeited returns to the Spotland database of Digital Land, and will either remain owned by Us or be made available for other Users to claim ownership
Taxes
Transactions involving Spotland, between Us and any registered User, and between registered Users, may be subject to tax
o A User is responsible for all of the taxation consequences of its use of Our Application
Liability
• To the maximum extent permitted by law, and subject to the rest of this ‘Liability’ section, We are not liable for any loss or damage (including without limitation any consequential damages), however caused (including by negligence), suffered in connection with the use of Our Application (including sales, purported sales, failed transactions, disputes, or any forfeited Digital Land)
• Consequential damages means: loss of revenues; loss of reputation; loss of profits; consequential loss; loss of actual or anticipated savings; loss of bargain; indirect loss; lost opportunities (including opportunities to enter into arrangements with third parties); and loss or damage in connection with claims against You by third parties
Termination Policy
A User’s account may be immediately terminated or suspended if they transmit any Information or engage in any conduct on or through Our Application that violates these Terms, in which case the User agrees to pay Us liquidated damages equal to the amount of any advertising they received from Us during the previous twelve months prior to the termination or suspension. The User agrees that this clause is not a penalty and is reasonably necessary for the protection of Our commercial interests.
Additional legal terms
The rights and obligations of the parties under these Terms do not merge on completion of any transaction contemplated by these Terms. Termination of these Terms will not affect any accrued rights or remedies of the parties (noting that rights in the use of Our Application and any potential revenue will be extinguished in accordance with these terms). You agree as follows:
• You shall not (nor purport to) assign, in whole or in part, or novate Your rights and obligations under or in connection with these Terms without Our prior signed written consent, which consent may only be given in Our subject to Our sole and absolute discretion
• Rights in Your Spotland account or in any Digital Land You have claimed can only be transferred in Our sole and absolute discretion
• We may subcontract Our obligations under these Terms, and assign or novate Our rights or obligations under these Terms
• A clause or part of a clause of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining clauses or parts of the clause of these Terms continue in force
• These Terms supersede all previous agreements about their subject matter
In these Terms:
The meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included; no rule of construction applies in the interpretation of these Terms to the disadvantage of the party preparing these Terms on the basis that it put forward this agreement or any part of it; and a reference to a party is a reference to that party, and a reference to the parties is a reference to both parties.
Miscellaneous.
You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and Your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon You by any person or entity. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules posted via the Application, represent the entire understanding between You and Company regarding Your relationship with Company and Your use of the Application. These Terms supersede all previous written or oral agreements between You and Company with respect to such subject matter. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms.
Non-Assignability. The Company may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms or the Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by You is void.
Section Headings and Summaries Non-Binding. Throughout these Terms, certain sections may include titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Authorization to Contract. You represent and warrant that if You are an individual, You are of legal age to form a binding contract; or that if You are registering on behalf of an entity, that You are authorized to enter into, and bind the entity to this Agreement.
Last Updated January 22, 2023
Please read the following Terms of Use (“Terms”) carefully. They govern Your use of the Flying Eye Reality, Inc. (hereafter referred to as “We”, “Us”, “Our”, “Company” or “Website”) Spotselfie™ and Spotland™ mobile application (the “Application”). Whenever the term “Application” is used, it includes the singular and plural and means and includes Spotselfie™, Spotland™, and Our Website. By using the Application, You acknowledge that You have read and understood all of the Terms, and You agree to be bound by these Terms.
IT IS YOUR RESPONSIBILITY TO ENSURE OUR TERMS AND PRIVACY POLICY MEET THE SPECIFIC REQUIREMENTS OF YOUR COUNTRY, AND IF THEY DO NOT, YOUR ONLY RECOURSE IS TO STOP AND CEASE USING OUR APPLICATION.
THERE IS NO TOLERANCE FOR OBJECTIONABLE CONTENT OR ABUSIVE USERS AND YOU WILL BE EJECTED FROM THE PLATFORM.
Persons or businesses that decide to fully access all the features available through the use of Our Application are required to register as a “User” which allows them to participate in the use or Our Application. The term “User”, “You”, and “Your” means registered Users, Stakeholders, Staking Entities, advertisers, businesses, or third party service providers whether or not they are a person, company, business, or organization.
As a User You specifically agree to these Terms, as well as Our Privacy Policy. You agree and accept these Terms and the Privacy Policy all of which form a binding agreement (“Agreement”) between You and Us. Each User acknowledges that this Agreement governs use of the “Content” and “Services” (as those terms are defined below) that We make available through Our Application or other third parties and takes the place of any emails, texts or conversations between You and Us.
If You do not agree to these Terms, You agree that You will not use Our Application. The Company reserves the right to change the Terms under which the Application is offered and will post such changes via the Application. If You do not agree to the amended Terms, You agree to stop using the Application. You will be deemed to have accepted the amended Terms if You continue to use the Application after such amended terms are posted showing the “Last Updated” date. Any changes will be effective immediately upon the posting the new date. Your continued use of the Application, Services, Information, and Content after the effective date of a revised version of this Agreement constitutes Your acceptance of the Terms.
Before using any of the “Information” or “Services” (as those terms are defined below) made available on or through Our Application, Users acknowledge and agree that they have read and agree to be bound by this Agreement in its entirety. Users agree to be bound by any changes to this Agreement and check back from time to time. We may revise or amend the Terms at any time without prior notice and Users agree the revisions or amendments will be effective upon updating on Our Application with those changes or amendments. We agree to change the “Last Updated” date appearing at the top of this page to reflect each time We make any changes to this Agreement. Continued use of the Application following the posting of changes shall mean that You accept those changes as of the latest update, after We send You notice of the changes. Even if You agree to Our Terms, We may deny You access in Our sole and absolute discretion, for any reason or no reason.
Registration for the Application.
The Application enables Users to create a profile and communicate with others that are located nearby or worldwide. In order to access and use the Application, You must set up a User account (“Your Account”) and abide by these Terms. In setting up and maintaining Your Account, You agree to provide accurate information regarding Your identity, Your contact information, and any other information requested by Company related to the Application. You will set Your own password for accessing the Service and shall be solely and strictly liable for everything that occurs through the use of Your Account.
You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your mobile device, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to immediately notify Company of any unauthorized use of Your password or Your Account, or any other breach of security of which You become aware. If You are under eighteen (18) years of age, You may use the Application only with involvement of Your parent or guardian. If You are under sixteen (16) years of age, You may not use the Application.
By setting up Your Account and using the Application, You expressly agree that You will receive communications from Company, including email messages. You acknowledge and agree that You consent to the receipt of such messages and that Your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to commercial communications. You may stop receiving such messages by following the opt-out instructions provided by Company in any such communication.
Disclosure and Disclaimer
By using Our Application, You agree to the terms of this Disclosure and Disclaimer. The Information contained in this Application is for general information and educational purposes only and may be sourced directly by Us or through third party sources believed to be reliable, but We can give no assurance of reliability, accuracy, timeliness or truthfulness. You agree to conduct your own due diligence and research and to accept all risks related to reliance on any Information or Services We provide or make available on Our Application. We make no representations, warranties, or guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability of the Information made available through this Application and You agree to hold Us harmless from any claims or loss You may suffer as a result of Your use of the Information or Services made available through this Application. You agree that any reliance You place on the Information or Services made available by Us on or through this Application is solely at Your own risk and You hereby agree to hold Us harmless and indemnify Us from any such loss or claims resulting from Your use of the Information or Services made available by Us or others on or through Our Application.
We may have financial interests in, or relationships with, some of the entities, businesses, and/or publications discussed or otherwise referenced on Our Application. Certain links that may be provided on Our Application are provided for convenience and do not imply Our endorsement, or approval of any businesses or third-party websites or their content. We are not authorized, registered or licensed in any capacity with any state or regional authority or the regulatory bodies or agencies of any country, state, province, or territory.
We have not and will not conduct any due diligence or background checks on Users. By using Our Application, You agree to conduct Your own due diligence hold Us harmless from any loss caused by Your purchase or sale of any products or services, or hiring of any User advertising or using Our Application. Do not rely on the Information provided or the Services made available on Our Application.
In no event will We be liable for any loss or damage to You or any third parties including without limitation, indirect or consequential loss or damage, even if We are made aware of it or notified of it by You, or any loss or damage whatsoever arising from loss of data, money, assets, or profits arising out of, or in connection with, the use of Our Application. Our Application and Services may not always be available or properly functioning and You agree to hold Us harmless from any loss of data, money, assets, or profits arising out of, or in connection with, the inability to use or access Our Application or Services.
In no event will We be liable for any loss or damage to You or any third parties including, but not limited to, any loss caused in whole or in part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from Our negligence or the negligence of any of Our registered Users, service providers or sites we link to or contingencies beyond Our or any of Our service providers’ control in procuring, compiling, interpreting, computing, reporting, or delivering the Information or Services.
You agree that We will not be liable for and You agree to hold Us harmless from any liability related to personal injury to Yourself or others resulting from Your negligence while using Our Application. Such liability shall include but not be limited to situations in which You are walking while using Our Application and not paying attention to Your surroundings or what may be going on around You.
We are not giving business advice, investment advice, tax advice, legal advice, or other professional advice by allowing You to use Our Application and Services.
The Information and Services We provide are provided to You on a strictly “as is,” “where is”, and “where available” basis. Neither We nor any of Our Users, service providers, or advertisers represent or warrant the accuracy, completeness, current status, non-infringement, merchantability, or fitness for a particular purpose of the Information contained on Our Application or the Services made available to You. We do not make any representations or warranties that access to Our Application or use of the Information or Services will be continuous, uninterrupted, or error-free.
Through this Application You are able to link to other sites which are not under Our control. We have no control over the nature, content, and availability of those third party sites. The inclusion of any links to those third party sites does not imply that We recommend or endorse the services they provide, or the views expressed by them.
Additionally, We may receive advertising, marketing, or promotional fees (which may be in the form of cash, or any other type of asset) from other businesses or companies or those wanting to promote their products or services, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available on Our Application and that information and/or Content may be biased as a result.
Advertiser Disclosure - Affiliate And Referral Programs
From time to time, We may enter into various affiliate and referral programs with others for which We receive compensation, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available through Our Application and that Information and/or those Services may be biased as a result.
Your Use of Our Application.
THERE IS NO TOLERANCE FOR OBJECTIONABLE CONTENT OR ABUSIVE USERS AND YOU WILL BE EJECTED FROM THE PLATFORM.
You may use Our Application only for legal and appropriate uses. Company reserves the right to make changes to the Application at any time and without notice. Your access to and use of the Application is completely at the discretion of Company, and Your access to and use of the Application may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:
• You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Application, and with all applicable copyright, trademark, or other intellectual property rights laws.
• You may not upload, post, email, transmit or otherwise make available any content which infringes any trademark, patent, copyright or trade secret or other proprietary right of any person or entity, unless You are the owner of the rights or have the permission of the owner to post such content.
• You may not intimidate, harass, stalk, defame or intentionally offend other Users of the Application or any other person or entity.
• You may not post any Information via the Application that includes hate speech, threatening messages, defamation, pornography, nudity or graphic or gratuitous violence.
• You may not use the Application to do anything that is unlawful, misleading, discriminatory, malicious or otherwise objectionable.
• You may not use the Application if You are a convicted sex offender.
• You may not use the Application for commercial purposes or use the Application to distribute unauthorized commercial communications.
• You may not interfere or attempt to interfere with the Application or another person’s use of the Application by use of any program, script, command, device, software, routine, or otherwise.
• You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents Your identity or affiliation with another person or entity.
• You may not be a resident or citizen of a country subject to the sanctions program established by the U.S. Department of the Treasury https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information
• You may not be named or listed on the Specially Designated Nationals And Blocked Persons List established by the U.S. Department of the Treasury https://home.treasury.gov/policy-issues/financial-sanctions/specially-designated-nationals-and-blocked-persons-list-sdn-human-readable-lists
Your Interactions with Other Users.
The Application enables You to interact with other Users of the Application. You are solely responsible for Your interactions with other Users, whether online or offline. You acknowledge that Company does not conduct criminal background checks regarding Users of the Service or otherwise inquire into the background of its Users in order to verify the information that they provide in registering to use the Application.
Company reserves the right, but has no obligation, to monitor or become involved in disputes between You and other Users. You shall be responsible for exercising Your best judgment in determining who to interact with, who to meet and who to share personal information with. It is Your responsibility to take reasonable precautions in all interactions with other Users of the Application, particularly if You decide to meet in person. In no event shall Company be responsible or liable for the conduct of any User or for any claims resulting from Your interactions with other Users.
Registration As A User
When You register, You may be required to register by creating an account and then signing in. If You register, You represent and warrant to Us that: (i) You are of legal age to form a binding contract, and, if You are acting on behalf of an organization, You have the right to enter this Agreement on behalf of such organization; (ii) You will provide Us with accurate, current and complete registration information; (iii) Your registration and Your use of Our Application is not prohibited by law; and (iv) You have all legal rights to provide the Content You post and will not violate any confidentiality agreements, copyright or trademark laws, intellectual property agreements, court orders, or other laws or agreements that may prohibit You from posting such information, posts, comments or other such Content.
About the Spotselfie™ and Spotland™ Applications.
a. Our Applications provide access to Our patented augmented reality social network that allows Users to post pictures, videos, stickers and other digital material geotagged to locations across the country, helping them move cyber interactions to the real world. This patent ensures that Spotselfie™ is the only application in the U.S. that can create augmented reality powered social experiences that enhance Your personal worldview with computer-generated information. This patent is why We are the only ones who have this capability, and not other social media networks or platforms. We do not vouch for any Users of Our Application. We do not endorse any of Our Users and do not sanction or support products, services, or statements that Users make on the platform or elsewhere, although from time to time We may monitor and/or review what Users post through Our Application.
b. We do not offer any legal advice or financial advice and We are not involved in agreements between Users or in any legal or other selling type of representation of Users. We do not provide confidential communications between Users, so please note that any communications between Users is not protected or confidential. You agree to hold Us harmless and indemnify Us from any and all such claims made as a result of Your using Our Application, the Information or entering into an agreement of any kind with a User or anyone else using Our Application.
Your Permission and Consent:
By using Our Application, You agree and consent that We may obtain various forms of information from the device You use while using Our Application, which information includes:
- Device operations: information about the activities performed on Your device, such as windows open while using Our Application, or mouse movements.
- Device attributes: information such as the operating system Your device uses, hardware and software versions, battery level, signal strength, available storage space, browser type, application and file names and types, and device plugins.
- Identifiers: unique identifiers, device IDs, and other identifiers, that may be available from games, apps or accounts You use, and family device IDs (or other identifiers unique to Our products and services associated with the same device or account).
- Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
- Data from device settings: information You allow us to receive through Your device settings that You turn on, such as access to Your global positioning system (“GPS”) location, camera or photos. If You decide not to turn on Your GPS location function in Your device You will very likely not be able to use any or all the features in Our Application since Our Application relies heavily on GPS.
- Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or that operate on Your network.
- Cookie data: data from cookies stored on Your device, including cookie IDs and settings.
- Permission to use Your name, User name, profile image, and information about Your actions with advertisements and sponsored Content: You give Us permission to use Your name and profile picture and information about actions You have taken while using Our Application next to or in connection with advertisements, promotions, offers, and other sponsored Content that We display on Our Application, without any form of compensation to You. This permission may include the use of Your User name and image to show other Users what products, services, businesses, events, sports, or anything else You are interested or disinterested in and for which We may have received fees.
- Permission to update software you use or download: If You download or use Our Application or any of the software, programming, or other features that make our Application work, You give Us permission to download and install updates on Your device to the software where available.
Registration as a Staking Entity; Staking Fees; Becoming a Stakeholder.
Users that are either business owners, landowners, corporate advertisers, marketing/advertising agencies, non-profits, universities, colleges, schools, institutions, or governmental entities (cumulatively referred to as “Staking Entities”) may register as a Staking Entity. If You are a Staking Entity You will be given priority regarding claiming (“Staking”) Digital Land as well as the adjoining Digital Land that may be owned by a city, town, county, state, province, municipality, or government. Please note however, the person or entity that owns the GPS physical land location has rights above all other Users and Staking Entities in that Digital Land. Staking Entities agree that once they become a Stakeholder, We are permitted to use their name in a press release, on Our Application, or in various forms of media, including all current and future social media platforms.
When a Staking Entity pays Us the applicable fee (“Staking Fee”) and is approved by Us, they become a “Stakeholder” of that Digital Land they have Staked. The Staking Fees that are payable by a Staking Entity pursuant to the terms that We establish and are subject to change from time to time before you pay the Staking Fee, but once You pay the Staking Fee and become a Stakeholder, We cannot increase the Staking Fee and You are grandfathered in regarding that Staking Fee you paid which We cannot change. To become a Stakeholder and maintain Your status as a Stakeholder in relation to specific Digital Land You must be:
(a) a Staking Entity in relation to the Digital Land that You wish to Stake;
(b) You must pay the Staking Fee; and
(c) You must agree to and be in compliance with these Terms, however We reserve the right to deny Your Stake and Stakeholder status if We determine in Our discretion that You are in material breach of the terms of this Agreement.
Advertising and Marketing Programs
Users, whether or not Staking Entities or Stakeholders, agree that all advertising and marketing of augmented reality technology shall only be produced and managed by Flying Eye Reality, Inc. Users agree they shall not have or attempt to gain access of any kind to Spotland Digital Land through Our Application or otherwise to create and distribute immersive and other types of advertising and marketing campaigns on Spotland Digital Land, if it is not designed and implemented by Flying Eye Reality, Inc. Additionally, Users who want immersive and other types of advertising and marketing campaigns placed on Spotland Digital Land, agree to only us Flying Eye Reality, Inc. for such advertising and marketing for which they will be charged a fee for the creation and distribution immersive and other types of advertising and marketing campaigns on Spotland Digital Land.
Costs Per Plot:
For a limited time, We are offering Staking Entities the ability to purchase Spotland Digital Land at a fixed rate, one-time, Staking Fee. It is very possible that in the future, Staking Entities will have to pay higher rates and may even have to pay a monthly or yearly Staking Fee instead of a one-time Staking Fee, but that will not affect Stakeholders who have already purchased specific Spotland Digital Land, although it will likely affect the price even Stakeholders pay for future purchases of Spotland Digital Land. Below are the current one-time Staking Fees and examples of the types of Stakeholders:
Plot 1: 0 – 100ft Dia. - $150
o Fast-food Franchises
o Small Business
Plot 2: 101 ft - 300 ft Dia. - $1,000
o Dick’s Sporting Goods
o Planet Fitness
Plot 3: 301 ft - 1,000 ft Dia. - $10,000
o Home Depot
o Menards
o Target
o Walmart
o Hospital
o Mid Size Corporate HQ
Plot 4: 1,001 ft – 5,000 ft Dia. - $600,000
o College Campus (medium)
o Pro Sports Stadiums & Parking
o Concert Arenas
o Large Corporate Campuses
Plot 5: 5,001 ft – 10,500 ft Dia. - $850,000
o College Campus (large)
o Amusement Parks
o Town
o Downtown City
o Airport Terminal
We reserve the right to reclaim Spotland Digital Land back from Stakeholders, but only in the event of a Stakeholder’s material breach of this Agreement, in which case We will not pay or reimburse the Stakeholder.
Universities, Colleges, Schools, and Educational Institutions
For more information about programs and features available to universities, colleges, schools, and educational institutions visit Our Academia Page and Our Academia FAQs.
Inactive Status and How to Avoid Inactive Status.
“Inactive Status” does not apply to Stakeholders, as that term is defined below. In order to avoid “Inactive Status” and losing Your Digital Land, Users must do the following on a calendar monthly basis:
1. Make at least one Spotselfie post (picture or video)
2. Like at least one Spotselfie post (picture or video)
3. Comment on at least one Spotselfie post (picture or video)
4. Follow at least one Spotselfie User
After 30 days Your account will be put on probation and We notify You at the email associated with Your Spotselfie account to remind You to maintain the basic social engagement level and the active status of Your account so You do not risk losing Your Digital Land.
Your account will continue its probationary period for an additional 15 days once You go past the 30 day notification period. If a Spotselfie User has still not met the minimum social engagement level after that additional 15 day period, We then have the right to nullify all of that User’s Spotland Digital Land claims and their Digital Land claims will then revert back to Flying Eye Reality, Inc.
Definitions. The following words are used throughout these Terms and have specific meanings. You should know what each of the terms means.
a. The term “Agreement” means, collectively, to all the terms, conditions, and notices contained or referenced in these Terms and the Privacy Policy.
b. Whenever the term “Application” is used, it includes the singular and plural and means and includes Spotselfie™, Spotland™, and Our Website.
c. “Content” means the content featured or displayed on or through Our Applications and Website, including but not limited to text, documents, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are made available on Our Application either by Us, third parties, or by You. Content includes, without limitation, Your Content, and Third-Party Content which may be submitted by any User or others that are not Users.
d. “Digital Plot” means a 30-foot diameter circle (15-foot radius) identified based on GPS coordinates and each subsequent Digital Plot a User claims is increased by an additional 10 feet of diameter up to a maximum of a 400 foot diameter.
e. “Digital Land” means one or more Digital Plots.
f. “Information” means any Content, software, data, pricing, ratings, products, Services, charts, analysis, comparisons, figures, advertising tips, marketing information, business advice, advice, or graphics made available by Us, Users, or Stakeholders through Our Application.
g. The term “Service” or “Services” means the services provided by Us, including without limitation access to Our patented augmented reality social network.
h. The term “Stakeholder” means a Staking Entity that has paid its Staking Fee and been approved by Us as a Stakeholder.
i. The term “Staking” means the right to claim Digital Land through Our Application, but only if you are a Staking Entity that has been approved by Us.
j. The term “Staking Entity” means Users that are either business owners, landowners, corporate advertisers, marketing/advertising agencies, non-profits, universities, colleges, schools, institutions, or governmental entities. Staking Entities are given priority regarding the claiming or “Staking” of Digital Land through Our Application as well as the adjoining Digital Land that may be owned by a city, town, county, state, province, municipality, or government.
k. The term “Staking Fee” means the fee that is payable by a Staking Entity pursuant to the terms that We establish from time to time.
l. The term “User,” “You”, and “Your” means registered Users, Stakeholders, Staking Entities, advertisers, businesses, or third party service providers and includes persons, companies, businesses, or organizations.
m. The “Website” refers to Our Website, all subpages and subdomains, and all Information, Services, and products available at or through Our Website.
n. Our Website and Applications are owned by Flying Eye Reality, Inc. and Flying Eye Reality, Inc. is also referred to as “We”, “Us”, “Our”, “Applications” or “Website”. When any of these words are used in these Terms those words shall also include Our affiliates, corporate owner, directors, subsidiaries, officers, members, managers, successors, assigns, designees, suppliers, service providers, independent contractors, consultants, and employees.
License and User Content.
Company grants You a limited, non-exclusive, non-transferable license to access and use the Application in legally authorized jurisdictions for personal, non-commercial purposes. This license is contingent upon Your compliance with these Terms. Any unauthorized use of the Application shall automatically terminate the license granted to You by Company for such use. You shall be solely responsible for Your actions and the contents of Your transmissions via the Application. Although Company does not claim ownership of any of the photographs, videos, information, materials and other content that You post via the Application (collectively, “Your Content”), by posting Your Content via the Application, You agree that You are automatically granting Company an irrevocable, perpetual, non-exclusive, fully paid, and royalty-free, worldwide license to use, reproduce, copy, perform, adapt, edit, revise, display, reproduce, and distribute Your Content in any manner, for any purpose, without restriction, and in any medium including in connection with the Application. You agree that Our rights to the Information and Content You generate or post, which rights are set forth in this Section and elsewhere in this Terms, apply even after We or You terminate Your account or status as a User.
Responsibility for Your Content.
You may create Content, written or otherwise, while using Our Application. You are solely responsible for the Content of, and any harm resulting from, any of Your Content that You post, upload, link to or otherwise make available via Our Application, regardless of the form of that Content. Any liability, loss or damage that occurs as a result of the use of any of Your Content that You make available through Our Application is solely Your responsibility. We are not responsible for any public display or misuse of Your Content and We do not verify, research, or verify the truthfulness or accuracy of any third party Content or Information made available on or through the use of Our Application, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, or financial advisors without relying on any Content, advertising or marketing that appears on or is accessible through Our Application.
Right to Post.
You represent and warrant that You have the right to post all Your Content. Specifically, You warrant that You have fully complied with any third party licenses, sublicenses, or permissions relating to such Content and have taken all steps necessary to post, display or pass through such Content on Our Application.
We May Modify or Remove Content.
We have the right (though not the obligation) to, in Our sole discretion, determine whether or not any Your Content is appropriate and complies with these Terms, or refuse or remove any of Your Content that, in Our reasonable opinion, violates any of Our policies or is in any way harmful, inappropriate, or objectionable. We further reserve the right to make formatting and edits and change the manner of any of Your Content.
Ownership.
You acknowledge and agree that the Application, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the Application shall at all times remain Our sole property. You will not acquire any right, title or interest in or to the Application by reason of these Terms, except for the non-exclusive license to use the Application in accordance with these Terms. While We may market or advertise Our Application as allowing Users to “own” Digital Land, You agree and understand that You do not “own” Digital Land other than having “rights” in specific Digital Land pursuant to these Terms and the rights to a revenue share attached to Your Digital Land but only through Our Application. Other software, websites, and applications may exist or come into existence in the future regarding Digital Land similar to what We offer through Our Application, so You understand you are not an exclusive owner of Digital Land. Only one User may own rights to a specific piece of Digital Land and no two pieces of Digital Land will be identical. We reserve the right in Our sole and absolute discretion to terminate Your account or access to Our Application at any time for any reason or no reason and You waive any right to claim damages for such termination.
Third Party Content.
There will be Content from third parties accessible through Our Application or linked from Our Application. Because We cannot control that Content, We are not responsible for that Content or for the websites or other applications that Content may link to.
a. Access To Third Party Content. By using Our Application, You will be able to access Content belonging to or originating from third parties (“Third-Party Content”). Your use of Our Application is consent for Us to present this Third-Party Content to You. You acknowledge all responsibility for, and assume all risk for, Your use of Third-Party Content.
b. No Responsibility For Third-Party Content. As part of Our Application, We may provide You with convenient links to third-party website(s) as well as other forms of Third-Party Content. We are not responsible for any public display or misuse of Third-Party Content and We do not verify, research, or verify the truthfulness or accuracy of any Third-Party Content, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, or financial advisors without relying on any Third-Party Content, advertising or marketing that appears on or is made available through Our Application. We have limited control over third-party websites or Content or the promotions, materials, information, goods, or services available on them. By linking to such Content, We do not represent or imply that We adopt or endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice, or statement made by Users, businesses, advertisers, or third parties. We are not responsible for any Third-Party Content accessed through Our Application. If You decide to leave the Application and access Third-Party Content, You do so at Your own risk and You should be aware that Our terms and policies do not govern Your use of those third-party websites or applications. You should review the applicable terms and policies, including privacy and data gathering practices, of any such Third-Party Content.
c. No Authorization To Use Third Party Content. This Agreement does not authorize You to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content except as permitted by those third-party websites or applications You are visiting.
User Responsibilities. You, and You alone, are responsible for Your account and anything that happens while You are signed in to or using Your account. Your security is Your responsibility.
a. User Account Security. If You register as a User, You will create a personalized account which includes a unique username and a password to access Our Application and to receive messages from Us, Users, businesses, and advertisers. You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Us immediately of any unauthorized use of Your account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of Your computer, mobile device, or other computing device and/or account.
b. We do not select or endorse any individual or business User nor any Information they make available to You or may post anywhere on Our Application. We do not make any warranty, guarantee, or representation as to the authenticity, ability, competence, quality, finances, or qualifications of any User. We strongly advise and encourage Users to, and each User represents and agrees that they will research, conduct their own due diligence, and , if necessary, do a background check on any User before accepting their advice or services, products, entering into any type of partnership, business, or other relationship, or offering them employment, consulting fees, performance based fees, or equity.
c. No Reliance on the Information. Information posted on or made available through Our Application, such as blog posts or forums, is provided for entertainment, informational, and research purposes only, with no assurance that the Information is true, correct, or accurate. The Information is not a substitute for professional business, financial, or legal advice nor is it a solicitation to offer business, financial, or legal advice regarding specific facts. You should not delay or forego seeking independent advice regarding Your particular situation. Delay in seeking such financial or legal advice could result in waiver of any claims You may have, depending on the applicable statute(s) of limitation. The Information, regardless of its source, is not regulated or overseen by any governmental or regulatory authority or agency.
d. We Do Not Guarantee Results. From time to time, Users may submit reviews of other Users or the services or products of various businesses; these reviews do not constitute a guarantee, warranty, or prediction regarding the quality, effectiveness or outcome of any future matter. You agree that We shall have no responsibility or liability of any kind for any of the Information presented on or made available through Our Application, and any use or reliance on such Information is solely at Your own risk.
e. Compliance with Laws. You represent, warrant, and agree that: (i) You have the authority to, and are of legal age in Your jurisdiction to, bind Yourself to this Agreement; (ii) Your use of Our Application will be solely for purposes that are permitted by this Agreement; (iii) Your use of the Application will not infringe or misappropriate the intellectual property rights of any third party; and (iv) Your use of the Application will comply with all local, state and federal laws, rules, and regulations, and with all other policies we establish from time to time.
Copyright Infringement and DMCA Policy.
If You believe that any Content located on Our Application or linked to a third-party website by Us violates Your copyright, please notify Us in accordance with Our Digital Millennium Copyright Act Policy.
a. Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requests the same of Users. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, We will terminate a User’s access to and use of Our Application if the User is considered by Us a repeat infringer of the copyrights or other intellectual property rights of the Company or others. We may terminate access of Users who We believe repeatedly provide or post protected Third-Party Content without appropriate rights and permissions.
b. DMCA Take-Down Notices. If You are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on or through Our Application infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to The Company’s designated copyright agent: Business: Flying Eye Reality, Inc., 9660 Industrial Dr, St John, IN 46373. Attention: Ray Shingler, phone 219-309-7048.
c. Response To DMCA Take-Down Notices. If We take action in response to an infringement notice, it will make a good faith attempt to contact the party that made such Content available by means of the most recent email address, if any, provided by that party to the Company. Any DMCA infringement notice may be forwarded to the party that made the Content available or to third parties such as https://lumendatabase.org/.
d. Counter-Notices. If You believe that Your Content that has been removed from Our Application is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content You submitted, You may send a properly formatted counter-notice to the Company’s copyright agent using the contact information set forth above.
e. Response to DMCA Counter-Notices. If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed Content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content will be reinstated on the Application in ten (10) to fourteen (14) business days after receipt of the counter-notice.
Intellectual Property Notice.
We retain all ownership of Our intellectual property, including Our copyrights, patents, and trademarks.
a. No Transfer. We retain ownership of all intellectual property rights of any kind related to Our Application, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. This Agreement does not transfer from Us to You any of the Company’s or third party’s intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Us. We reserve all rights that are not expressly granted to You under these terms.
b. Specifically, Spotselfie™ and Spotland™, and all other trademarks that appear, are displayed, or are used on the Application or as part of the Services are registered or common law trademarks or service marks of the Company or are those belonging to others who have given Us approval to use them. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without Our prior written permission.
c. Any comments or materials sent to Us or posted on Our Application, including feedback data, such as questions, comments, suggestions, or the like (collectively “Feedback”), shall be deemed to be the intellectual property of the Company. The Company’s use of the Feedback will be in compliance with Our Privacy Policy, and applicable laws. The Company shall have no additional obligations with respect to such Feedback and shall be free to reproduce, modify, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, We shall be free to use any descriptions, testimonials, recommendations, criticism, ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to improving Our Application, and developing, creating, and marketing products and services incorporating such Feedback.
User Dispute Resolution Procedures.
a. Users agree that any disputes between Users shall be resolved by arbitration or litigation as set forth in the listing agreement entered into between them. Users agree that any such disputes between Users shall be settled, arbitrated, or litigated between them. If You have a dispute with one or more Users, You release the Company from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Users agree that they shall hold harmless and shall indemnify the Company from and against any such claims, demands, lawsuits or losses and that in either event the maximum liability of the Company shall be $250.00. The laws of the State of Indiana, U.S.A. shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms and any claims to be made by a User against the Company, without regard to principles of conflicts of laws thereunder. All Users and the Company agree to submit to the exclusive jurisdiction and venue of the state courts of Indiana, U.S.A. located in the Porter County for any action arising out of these Terms.
b. You agree that any cause of action related to or arising out of Your relationship with the Company must commence, by filing a lawsuit pursuant to these Terms, not later than three hundred and sixty-five (365) calendar days after the claim or cause of action accrues. Otherwise, such claim or cause of action and Your rights to bring such action shall be permanently barred.
c. Jury Trial Waiver. Users and the Company acknowledge and agree to waive the right to a trial by jury as to all matters, disagreements, disputes, or controversies of any kind or nature that may exist between them.
d. No Class Actions or Representative Proceedings. Users and the Company acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. Further, unless Users and the Company both otherwise agree in writing, the court may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
Indemnification.
You agree to indemnify, defend and hold Us harmless from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, relating to or arising from: (a) any violation of this Agreement by You; (b) Your Content and/or any other materials that are posted or activities that occur under Your Account; (c) Your interactions or communications with any other User of the Application; and (d) reliance on the reviews, Information, statements, or communication from other Users, advertisers, or third parties using Our Application. We will have sole control of the defense of any such damage or claim made against Us.
Disclaimer of Warranties TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE APPLICATION HAS NOT BEEN VERIFIED, AND COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE APPLICATION UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER COMPANY, NOR ANY OF COMPANY’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “COMPANY ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE APPLICATION OR INABILITY TO GAIN ACCESS TO OR USE THE APPLICATION OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COMPANY OR A COMPANY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
IN NO EVENT ILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE APPLICATION, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM BODILY INJURY AND/OR EMOTIONAL DISTRESS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANYTHING THAT HAPPENS ON SPOTLAND DIGITAL LAND REGARDING USERS, NON-USERS, ADVERTISING, MARKETING, AND POSTING OF CONTENT OR INFORMATION AND YOU AGREE TO HOLD US HARMLESS AND INDEMNIFY US FROM ANY AND ALL SUCH CLAIMS AND DAMAGES, THAT YOU OR A THIRD PARTY MAY BRING, OF ANY KIND OR NATURE AND WHEREVER AND HOWEVER BROUGHT.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY IS TO STOP USING THE APPLICATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE APPLICATION IS CONTROLLED, OPERATED AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE APPLICATION IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE APPLICATION FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. IT IS YOUR RESONSIBILITY TO ENSURE OUR TERMS AND PRIVACY POLICY MEET THE SPECIFIC REQUIREMENTS OF YOUR COUNTRY, AND IF THEY DO NOT, YOUR ONLY RECOURSE IS TO STOP AND CEASE USING OUR APPLICATION.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN COMPANY AND YOU.
Flying Eye Reality, LLC respects and is committed to Your privacy. Please review our Privacy Policy, which also governs Your use of the Application, to understand Company’s practices.
Spotland™ Program Terms Overview
Spotland™ allows Users to monetize their Digital Land (real-world GPS location) in augmented reality (AR) anywhere around the world within Our Spotselfie™ social platform. Users can share in revenue from advertisements on their Digital Land when We are able to allow businesses to advertise using Our Application. We estimate this feature should be available by Q1 of 2022, but there is no guarantee it will be launched on time or that once launched it will be free from errors, glitches, or further delays.
How do Users Acquire Digital Plots?
Users can acquire Digital Land directly from their User account in Spotselfie by exchanging social tokens they earn from being socially engaged within the platform.
Social Tokens
o Users earn one social token based on each social engagement level reached in Spotselfie
o Social engagement levels increase automatically once completed
First, Users must download Spotselfie and create an account
Level One – Setup profile
• Profile pic, add Bio, fill in Your Mojo
Level Two – Social engagement
• Post a Spotselfie
• Like a post
• Comment on a post
• Follow a User
• Gain a follower (get a friend to join Spotselfie)
• Add Flare to profile
Level Three – Social engagement
• Post an additional five Spotselfies
• Like an additional five posts
• Comment on an additional five posts
• Follow an additional five Users
• Gain five additional followers (get five friends to join Spotselfie)
• Update Flare in profile
Additional levels repeat based on level three requirements
o Users exchange social tokens for digital plots of land
A single social token is worth one digital plot of land
• A Digital Plot is a 30-foot diameter circle (15-foot radius) identified based on GPS coordinates.
• Each additional Digital Plot acquired by a User grows by an additional 10 feet in diameter (5-foot radius) up to a maximum of a 400 foot diameter and is separate from each of Your other Digital Plots. You cannot increase the size of an existing Digital Plot, You can only acquire additional separate Digital Plots.
• Digital Land is one or more Digital Plots owned by a User
o Users pick the location for their Digital Land right on the Spotselfie platform
o When an advertiser(s) picks a place to pin an AR advertisement the current User that owns the rights of that specific Digital Land gets 30% of the total revenue generated from that advertisement.
We send that User their monthly advertising revenue
o Users can move their Digital Land to other locations if available and unclaimed by other Users
o There is no limit on how much Digital Land a User can own
If You are not a Stakeholder, You agree that We have the right in Our sole and absolute discretion to purchase Your Spotland Digital Land back from You based on the Digital Land value per square foot that We will designate from time to time and which is subject to change. Currently, the price per square foot is set at 1.5 cents USD. The value could go up in price as Our platform acquires more Users and Stakeholders. All Users agree that before We can pay them the User must provide Us with Form W-9 and they understand that We will be sending them a Form 1099 if they meet the federal guidelines for such reporting of income.
A buyback option would happen when a User has already acquired a Spotland Digital Land over which a Stakeholder exercises their right to Stake their claim. An example would be when a User acquired a Spotland Digital Land at Chicago Cubs Wrigley Field, and then the Cubs purchase that Spotland Digital Land through Our platform. We would then purchase the Spotland Digital Land back from that User or Users and give them a free social token to acquire a Spotland Digital Land of equal size, somewhere else. The prices below are to be used as a reference, based on the diameter size and current value of a square foot of digital land at 1.5 cents USD.
o 30 ft diameter = $10 (approximately one Digital Plot with a thirty foot diameter)
o 40 ft diameter = $19
o 50 ft diameter = $30
o 60 ft diameter = $42
o 70 ft diameter = $58
o 80 ft diameter = $75
o 90 ft diameter = $95
o 100 ft diameter = $118
Sale, Transfer, and Removal of Digital Land by Users
Users, in the future, will have the ability to sell their Spotland Digital Land to other Users in the platform for cash but general Users will not be allowed to sell Digital Land to Staking Entities; only Flying Eye Reality, Inc. has the right and reserves the right to sell Digital Land to Staking Entities.
Users can offer for sale more or less than the platform value for a square foot of Digital Land, however, as stated above, they cannot sell to Staking Entities. The value of a square foot of Digital Land in Spotselfie is dependent on the number of active Users in the Application. The price can go up or down and is displayed and adjusted by Us from time to time and will be a matter of public knowledge. We reserve the right in Our sole and absolute discretion to determine whether or not at any point in time We will purchase the Digital Land back from You.
To clarify, there are only two ways for a User to “cash-out” their Spotland Digital Land:
(a) They sell it to another User, using Our Application to process that transaction; or
(b) We purchase the User’s Spotland Digital Land for any reason or no reason in Our sole and absolute discretion.
Additionally, if You are a homeowner and You want Your home property removed from being claimed by a User, You can contact Us and we will remove Your property from being claimed at no cost to You.
Staking Entities have two options regarding what they can do with Spotland Digital Land:
(i) Stake their claim to Spotland Digital Land and become a Stakeholder; or
(ii) Opt-out to remove the Digital Land from Our Application altogether for which We do charge a removal fee that has not yet been determined.
How do Users Earn Revenue?
Users can earn revenue from advertisers who place ads on their Digital Land when the User enables their Digital Land for monetization. Augmented reality (AR) ads are served through the Spotselfie SAM portal. The SAM portal is where advertisers create an account to place AR ads anywhere around the world.
• You understand and agree that there are no guarantees about how much, or whether, You will earn anything from Your Digital Land
• Earnings are generated based on a 30% share of advertising revenue placed on Your Digital Land
• Payment is sent directly to the User's account they give Us
• The User’s receiving account must be the account that the User owns; it cannot be an account of another person who is not the User
• Payments are sent about halfway through the following month. For example, revenue accrued in June will be transferred to a User's account in mid-July
• User pays all taxes generated from ads on their Digital Land (1099-NEC). Users are earning money that may be subject to taxes. Users need to check with their local tax authorities about what their responsibilities may be.
Payment Methods
• Transaction/payment
o PayPal – small land purchases single owners
o Staking Entities checks (in Our sole discretion)
Net 15 calendar days
Spotland is “reserved” until payment received
• Staking Entities cannot manage their Spotland Digital Land until payment is received and funds cleared
Spotland Standard Tools
o Various tools will be made available to Users, many of which are free when Users claim their initial Spotland Digital Land
o Spotland Portal Dashboard
- Administration rights
- Users have the right to name their Spotland Digital Land
- Select the GPS digital location
- Select the size of the plot of Digital Land
- Manage Content
- Post Spotselfies
- Post Stickers
- Removes from public view
- Push Content off your Digital Land’s digital boundary
o Define and lock viewable Content within Your Spotland while a User is on Your land
- Users do not see the social Content behind a Spotland boundary
- Overrides a User’s radar distance
- Manage Users
- From posting or seeing Content
- Public
- All
- Users can view, post, and interact with all social Content and other Users
o Users only see business posted Content
o No public posting
o Private
- Ownership is anonymous
- No public posting
- No corporate or business Spotselfie advertising, however Staking Entities do have the right to Stake a claim on that Digital Land and/or advertise on that Digital Land, unless it is Your personal home that You asked Us to remove from being claimed by other Users
Spotland Premium Features – Additional Costs as Set From Time to Time
o Advertising and Marketing
- Games
- Social Commerce
- 3D Interactive Models
- On-site Digital Events
- Immersive Campaigns
- Geolocalizing Customers Experience
- AR Product Try-ons
o Platform Notifications
- Users will be notified of the Stakeholder’s or advertising clients’ products, services, or specials when the User steps on participating Spotland Digital Land
- Augmented reality store & purchases
- Sell augmented reality products at any physical location
- The number of people on Your Digital Land
- Real-time feed of social Content placed on Your Digital Land
- Heat map of Users on Your Digital Land
- Sharing
Spotland™ Student Meta Store Program Terms
University students have the opportunity to claim a 100-foot diameter circle to set up their Student
Meta Store. The Student Meta Store is basically a modified version of Spotland for business.
Each Student Meta Store will have a digital GPS boundary that a student can stake a claim to and
manage.
The Terms for Setting up and Running a Student Meta Store are as follows:
1. First Store Free. The first Student Meta Store will be FREE, as long as it is claimed by an
enrolled student at any United States university.
2. Size and Location. The Student Meta Store will be a 100-foot diameter circle, located by the
student, at a GPS location on campus. Students cannot claim a GPS location already taken in the
Spotland platform by another User or Stakeholder.
3. Additional Student Meta Stores. Once a student creates a Student Meta Store, they
can "replicate" (copy) it to another location (either on their own campus or at another campus
located anywhere in the United States. The fee for claiming another location for all Student
Meta Stores, after the first free store, is $30 for each new store, for a term that ends July
31st of each calendar year. Currently there is no limit on the number of stores that can be
replicated or claimed as Student Meta Stores.
4. Store and Ad Wizard. There is a Meta Store Wizard to simplify the process of setting up the
store in only 3 basic steps and an Immersive Ad Wizard that a student will use to create ads in
their Student Meta Store.
5. Store Renewals on a First Come First Served Basis. Each year on July 31st, all leased Student
Meta Store GPS locations are removed from the Spotselfie/Spotland database. Students
will need to go back into the Spotselfie S.A.M. Portal on Aug 1st, or later assuming
their previous Student Meta Store listing is still available, to reclaim any GPS locations that
they previous claimed. There can be no guarantee that students will get the same GPS
location(s) they had before. So, each year beginning August 1st and ending July 31st, students get
the first store free and will have the right to claim any other Student Meta Store locations not
already taken for $30 per store location per twelve month period running from August 1st through
July 31st. WE WILL NOT PRO RATE THE $30 FEE BASED ON THE TIME OF YEAR YOU
CLAIM ADDITIONAL STUDENT META STORES, so keep that in mind when you decide
to claim other locations and pay the $30 fee. We don't remove Student Meta Store from Our
database, just the GPS location associated with it. Students are still able to log in (at the S.A.M.
Business Portal) to locate their store's listing and re-select a new GPS location for their
store. Students may choose the same spot they had before if it has not already been taken.
6. Earning Revenues. Students that have claimed one or more Student Meta Stores pursuant
to these Terms of Use and are not in violation, get to receive 100% of the revenues generated
from the sale of all merchandise and services the Student is able to sell from their Student
Meta Store. Students that drop their merchandise outside of their Student Meta Store
GPS location, agree to pay and shall be charge $4.00 per day for that merchandise or service
immersive advertisement. All advertisements for merchandise and services placed inside a
Student’s Meta Store GPS location are free, and Students get 100% of that revenue.
7. Indemnify, Defend and Hold Harmless. The student agrees to indemnify, defend, and hold
harmless Flying Eye Reality, Inc. pursuant to the indemnification section and other provisions set
forth in these Terms of Use. The student also agrees not to knowingly violate or infringe on any
intellectual property rights regarding the store, ads, or anything else the student does as a User
and understands and agrees that such acts or failure to act, even if unintentional, triggers the
indemnification section and other provisions set forth in these Terms of Use.
8. Prohibitions. In addition to the other restrictions on Users set forth in these Terms of use, student
Users also represent and agree that they will not sell, endorse, promote, advertise, or market in
any way drugs, pornography, nudity, sex, or alcohol from their store.
Benefits of Having a Student Meta Store
1. A student can drop AR immersive advertisements, marketing, or promotions (“ads”) for their own
merchandise (custom or reseller) or offer services to fellow students or others. There will be no
limit on the number of ads, and it is likely the more ads used the better a student’s chances for
generating revenues. The student retains 100 percent of all revenue generated from their
merchandise or services.
2. Students can "hustle" and go out to get outside advertising placed anywhere within the Spotselfie
Metaverse (local or national) and manage/create their new customers' immersive ads. Students
can also set their own pricing model above the initial cost for the immersive advertisement in the
Spotselfie Metaverse of only $4 per day, although We can give Students a suggested range.
Payment for immersive advertisement placements is automatically processed once the immersive
advertisement is created and goes live. Students should remember that any immersive
advertisements placed INSIDE their Student Meta Stores are free, BUT any advertisements
placed OUTSIDE their Student Meta Stores are $4.00 per day, and they must be paid at the
time the advertisement goes live in the Spotselfie Meta and for the complete duration of the
advertisement period the Student chooses (30 day, 45 days, etc.). As an example, one
advertisement placed outside a Student’s Meta Store’s GPS location that runs for 30 days
will cost the student $120.00. If they are advertising for a pizza restaurant, they could charge
$6.00 per day and make $2.00 per day profit, which would be a $60.00 per month profit. So by
selling 10 advertisements per month the Student makes $600 in profits, but would make even
more if the Student places those advertisements in the Student’s own Meta Store’s GPS
location.
3. Students will have a merchandise listing that is linked to their profile so another student can see
all their items for sale without having to be on their GPS-located store. This listing is a modified
version of our current advertising metrics page already built in our S.A.M. Business Portal. All merchandise
sold in AR immersive ads and from store listings will have a link that directs the customer to the
student's own outside pay accounts. That way, Flying Eye Reality Inc. does not do any
transactions for the Student's merchandise or services. Students are to supply the link (to their
choice of payment platform) in the Immersive Ad Wizard.
4. Students can move their Meta Store’s GPS location to any open location on campus during
the full year, so Students are not locked into a certain GPS location on campus. Students can
move their Meta Store’s GPS location daily, weekly, or monthly if they feel another spot
might be busier in the fall than in the winter, or to a football stadium or other high traffic location
on campus.
Suspension Conditions - Payment can be suspended in the following situations:
• If You are not in compliance with Our Terms of Use, Your payment will be suspended indefinitely and the lifting of Your suspension and payment of accrued advertising revenue will be subject to Our sole and absolute discretion.
*Note: You understand and agree to these Suspension Conditions and Your only recourse if You do not agree shall be to cease using Our Application and terminate Your account. We reserve the right in Our sole and absolute discretion to implement or delay these Suspension Conditions at any time or postpone them even after they have been implemented and these Suspension Conditions may not be applied universally to all Users in the same manner.
Forfeiting of a User's Digital Land ownership and all accrued but unpaid revenue back to Flying Eye Reality, Inc. may occur in the following situations:
• Multiple violations of Spotselfie's Terms of Use policy
• Flying Eye Reality, Inc. was acquired by another company
• User deletes their account
• The registration or use of Your account by another person without obtaining Our prior express permission will result in the immediate suspension or termination of Your account
• Spotland may be withdrawn at any time without notice. These Terms of Use will survive any such withdrawal
• You will not post or transmit any material or information (or conduct any dealing or otherwise treat Spotland in a way) which is or is likely to be offensive, defamatory, obscene, unlawful, misleading, deceptive, vulgar, harmful, threatening, abusive, harassing or ethnically or religiously objectionable
• Any material which You post may be removed by Us, in Our sole and absolute discretion, without notice at any time
• You accept that any material or information provided by You may be posted on Your Digital Land for any other Users to see or read
*Note: You understand and agree to these forfeiture terms and Your only recourse if You do not agree shall be to cease using Our Application and terminate Your account. We reserve the right in Our sole and absolute discretion to implement or delay these Suspension Conditions at anytime, or postpone them even after they have been implemented and these forfeiture conditions may not be applied universally to all Users in the same manner.
Our Role as Flying Eye Reality, Inc.
• You agree to indemnify Us for all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to Your ownership of Digital Land rights through Spotland, Your breach of these Terms, any information that You provide to Us via the Application or any damage that You may cause to the Application. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, and trade mark infringement.
• We are not responsible for any User-generated Content posted on, or available through, a User's Digital Land. We are entitled to monitor and moderate any User-generated Content, however We are not required to do so at all, or at any particular frequency or in any particular manner. We will not enter into discussion about the basis of any moderation decisions, which We make on a final basis in Our sole and absolute discretion.
• If You download any material from a User's Digital Land, You acknowledge and agree that We are not liable to You for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, display, publish or create derivative works from any downloaded material. In addition, You may not commercialize any Information, products or services from the downloaded material.
• We do not warrant that any material You post to Your Digital Land will be protected against loss, misuse, or alteration by third parties. We do not warrant that We will post Your Content or material to Our Application. If We elect in Our sole and absolute discretion to post Your material on Our Application, We do not warrant that the material or information You submit will be posted within a certain time frame or at all.
• You indemnify Us and Our affiliates, officers, directors, subsidiaries, and employees against any claim by a third party arising out of a breach of these Terms either by You or by any person using Your password or ID, whether or not You have authorized that person to use Your password or ID.
Availability of Digital Land Through Spotland
The location of any Digital Land that is not yet assigned to any particular User is available on a first-come-first-serve basis. You can move Your Digital Land anywhere You like as long as that new location is not already taken previously and still in use by another User.
• There is no inherent value in any specific Digital Plot, and the value in particular Digital Plots, may fluctuate in value from time to time by various factors, including User demand, advertiser demand, and changing advertising revenue that is generated month-to-month and year-to-date.
• Your rights in any Digital Land are not 'ownership' of Digital Land but are only rights in the advertising revenue that may be generated from Digital Land You claim through Our Spotland Application and those rights are only conferred by these Terms for the purposes of transacting within the Application as a registered User
o Those rights are expressly subject to all of these Terms that apply to use of the Application, and require You to remain a registered User in good standing
• Neither Your account nor Your Digital Land are assignable or transferable
• If Your User account is terminated in accordance with these Terms, or You cancel Your use of the Application platform for any reason, You forfeit any Digital Land that You have claimed through Spotland and We are not liable to You in any way (including without limitation for the payment of any amount of subsequent advertising revenue earned from Your forfeited Digital Land)
o Any Digital Land so forfeited returns to the Spotland database of Digital Land, and will either remain owned by Us or be made available for other Users to claim ownership
Taxes
Transactions involving Spotland, between Us and any registered User, and between registered Users, may be subject to tax
o A User is responsible for all of the taxation consequences of its use of Our Application
Liability
• To the maximum extent permitted by law, and subject to the rest of this ‘Liability’ section, We are not liable for any loss or damage (including without limitation any consequential damages), however caused (including by negligence), suffered in connection with the use of Our Application (including sales, purported sales, failed transactions, disputes, or any forfeited Digital Land)
• Consequential damages means: loss of revenues; loss of reputation; loss of profits; consequential loss; loss of actual or anticipated savings; loss of bargain; indirect loss; lost opportunities (including opportunities to enter into arrangements with third parties); and loss or damage in connection with claims against You by third parties
Termination Policy
A User’s account may be immediately terminated or suspended if they transmit any Information or engage in any conduct on or through Our Application that violates these Terms, in which case the User agrees to pay Us liquidated damages equal to the amount of any advertising they received from Us during the previous twelve months prior to the termination or suspension. The User agrees that this clause is not a penalty and is reasonably necessary for the protection of Our commercial interests.
Additional legal terms
The rights and obligations of the parties under these Terms do not merge on completion of any transaction contemplated by these Terms. Termination of these Terms will not affect any accrued rights or remedies of the parties (noting that rights in the use of Our Application and any potential revenue will be extinguished in accordance with these terms). You agree as follows:
• You shall not (nor purport to) assign, in whole or in part, or novate Your rights and obligations under or in connection with these Terms without Our prior signed written consent, which consent may only be given in Our subject to Our sole and absolute discretion
• Rights in Your Spotland account or in any Digital Land You have claimed can only be transferred in Our sole and absolute discretion
• We may subcontract Our obligations under these Terms, and assign or novate Our rights or obligations under these Terms
• A clause or part of a clause of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining clauses or parts of the clause of these Terms continue in force
• These Terms supersede all previous agreements about their subject matter
In these Terms:
The meaning of any general language is not restricted by any accompanying example, and the words ‘includes’, ‘including’, ‘such as’ or ‘for example’ (or similar phrases) do not limit what else might be included; no rule of construction applies in the interpretation of these Terms to the disadvantage of the party preparing these Terms on the basis that it put forward this agreement or any part of it; and a reference to a party is a reference to that party, and a reference to the parties is a reference to both parties.
Miscellaneous.
You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and Your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon You by any person or entity. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules posted via the Application, represent the entire understanding between You and Company regarding Your relationship with Company and Your use of the Application. These Terms supersede all previous written or oral agreements between You and Company with respect to such subject matter. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms.
Non-Assignability. The Company may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms or the Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by You is void.
Section Headings and Summaries Non-Binding. Throughout these Terms, certain sections may include titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Authorization to Contract. You represent and warrant that if You are an individual, You are of legal age to form a binding contract; or that if You are registering on behalf of an entity, that You are authorized to enter into, and bind the entity to this Agreement.