1. Introduction
Planspot is an all-in-one event marketing tool to run campaigns across multiple channels. An event created on Planspot can directly be promoted to social media, the Planspot Media Network and through email campaigns. Planspot then fetches all tweets, comments and attendees, enabling organizers to actively engage and promote their events on social media. Planspot makes event marketing easy, saving time money and resources.
Publishers can become Planspot Media Partners, offering their medium for event promotion and charge organizers for using it. Planspot matches each event relevant Media Partners, making sure it is promoted to the right audience. Planspot simplifies the editor’s or sales job of searching audience tailored events, resulting in having more time for core business instead.
These are the terms and conditions of use for Planspot (the "Terms"). Please read these Terms and our Privacy Policy carefully as they describe your rights and obligations as a user of Planspot ("Organizers"/"Media Partner"/"Integration Partner"/"you": a natural person or legal entity wishing to use and gain access to Planspot or wishing as a supplier to provide content for it).
2. Types of Users
Organizer
Organizers are registered and can use Planspot as a centralized control-centre for creating, promoting, managing, and sharing events. By connecting with their social networks (like Facebook) attendees as well as comments are synchronized, and can be directly managed from Planspot. By creating an event on Planspot, Organizers can publish and promote their event on Planspot as well as to different social networks, through email campaigns, and the Planspot Media Network.
Media Partner
Media Partners are external press contacts that are stored and categorized in our system. Media Partners receive a customized list of events and press releases for further publication. Planspot connects and suggests Media Partners to Organizers based on the type of events that they create in the Planspot system. Planspot tracks the press releases and events submitted to Media Partners, and stores which Media Partners received, downloaded or published the press release in the form of statistics for Organizers. For the terms of service that applies to you as a Media Partner, see Article 14 or contact us at support@planspot.com.
Integration Partner
Integration Partners are registered users that connect with Planspot by means of our API (Application Programmable Interface). Through our API they can offer Planspot event marketing services to their customers. They can create Organizer users and events through our API.
3. Acceptance of Terms
By using the Planspot website in any way whatsoever, for instance via Planspot.com, via API, via various top-level domains as well as sub domains, or via other (mobile) media, you accept being bound by these Terms. We may revise the Terms and information contained on the Planspot website at any time and without notice. Each time you use the Planspot website you will be bound by the then current Terms and our Privacy Policy. Please review these Terms and our Privacy Policy each time you access and use the Planspot website to satisfy yourself that you are happy with them.
We may translate these Terms, our Privacy Policy or any information that may be published from time to time on the Planspot website into other languages for your convenience. The English language version is the version that governs your use of the services owned and operated by Planspot and in the event of any conflict between the English language version and a translated version, the English language version will control.
4. Information about us
Planspot, forming part of Front Mobile B.V., is a Dutch company having its registered office in Rotterdam, Delftsestraat 33, 3013 AE, the Netherlands, listed in the Trade Register of the Chamber of Commerce under file number 53055632. If you have any questions about these Terms or our Privacy Policy, please contact us at support@planspot.com.
5. Access to Planspot
Access to the Planspot website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Planspot website without notice. We will not be liable if for any reason the Planspot website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Planspot website, or entire website, to Users.
In order to gain access to the Planspot website you can apply for an account with an access code in the manner as described on the website. Planspot reserves the right to refuse or block an account without stating the reasons.
You must keep the access code strictly secret. Any use of the code will be attributed to you.
If Planspot has established or reasonably suspects that unauthorized third parties are using or can use the access code or if you inform Planspot of such a use, Planspot will immediately block access to the database. Planspot will inform you as soon as possible of the unauthorized use and the blocking via a digital message. After the blocking Planspot will provide you with a replacement access code as soon as possible.
6. Use by minors and User identity
The use of the Planspot website by minors under the age of 16 is subject to the consent of their parent or guardian. It is impossible for Planspot to determine with any degree of certainty whether any User is in fact the person he or she represents to be. Accordingly, Planspot accepts no liability for the actual identity of any User. You are solely responsible for verifying the actual identity of other Users.
7. Planspot website changes
We aim to update the Planspot website regularly, and may change the content at any time. If the need arises, we may suspend access to the Planspot website, or close it indefinitely. Any of the material on the Planspot website may be out of date at any given time, and we are under no obligation to update such material.
8. Information about you and your visits to Planspot
We process information about you in accordance with our Privacy Policy. By using Planspot, you consent to such processing and you warrant that all information provided by you is accurate and that you have the consent of all those whose personal data have been disclosed, for such processing of their personal data.
9. Right of use
Planspot hereby grants to you the non-exclusive, non-transferable right and you hereby accept this right to use Planspot via a website, whether or not via a web interface, for an indefinite period of time and under conditions further detailed below.
During the term of this agreement you are entitled to use the online content of events for which you have registered, for the purpose it has been placed for.
You can manage your own account. Depending on the user settings messages will be sent to you.
Planspot reserves the right to place content on the Planspot website which might be aimed at certain profiles. You acknowledge and accept this functionality of Planspot.
You agree and accept that Planspot may send you service messages regarding updates, events, Users and interests you follow, etc., by e-mail.
You will fully comply with specific user instructions or restrictions announced or still to be announced by Planspot.
You will make sure that your contact information is up to date so that we can contact you at any time.
10. Uploading material to Planspot
Whenever you make use of a feature that allows you to upload material to the Planspot website, or to make contact with other Users, you must comply with all applicable laws and our Content Standards (see section 12 below). You warrant that any such contribution does comply with all applicable laws and with our Content Standards (see section 12 below), and you indemnify us for any breach of that warranty.
Any material you upload to the Planspot website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Planspot website constitutes a violation of their intellectual property rights, or of their right to privacy.
Planspot will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User.
Planspot has the right to remove any material or posting you make on the Planspot website if, in our opinion, such material does not comply with applicable laws or our Content Standards (see section 12 below).
11. Restricted uses
You may use the Planspot website only for lawful purposes. You may not use the Planspot website:
In any way that breaches any applicable local, national or international law, regulation or guidelines.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
12. Anti-Spam and Abuse Related Rules
Planspot uses the definition of SPAM as defined by Spamhaus, as explained on their website http://www.spamhaus.org/definition.html
The first line of the Spamhaus definition reads:
The word "Spam" as applied to Email means Unsolicited Bulk Email ("UBE").
It is a major concern to us if you use Planspot to send any unsolicited email to anyone with whom you have no relationship, including an entire list of people you don’t know.
If you send Emails to a list, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company and from Planspot, and they will request that Planspot shuts down your account.
Planspot will therefor closely monitor all email activity for hard bounces and spam reports. If you generate above-average spam (more than 1 percent) and bounce complaints (more than 3 percent), we will immediately suspend your account and contact you to investigate what is going on.
If at that point you cannot deliver us the evidence that your email campaign follows our terms of service, we will permanently block you from using Planspot.
13. Email Opt-In and Opt-out policy
If you are somebody that received an unwanted email from an organizer sent through Planspot, you can always click the unsubscribe link at the bottom of the email. This will make sure you are immmediately unsubscribed for any future emails of that organizers. If you find there is no unsubscribe link available in the email, we kindly ask you to report that abuse by forwarding the email to our support team.
14. Right to Review Email and Event Campaigns
Planspot, including our employees and independent contractors, are permitted to copy and transmit copies of the content from your email and event campaigns to develop algorithms, heuristics and computer programs ("Tools") to help us more efficiently spot problem accounts and to use such Tools, together with personal viewing by employees and or independent contractors, to uncover Users who violate either these Terms of Use or applicable law.
15. Content Standards
These content standards apply to any and all material which you contribute to the Planspot website (“Contributions”), and to any interactive services associated with the Planspot website (“Content Standards”).
You must comply with the spirit, as well as the letter, of the following standards. The standards apply to each part of any Contribution as well as to its whole. Contributions must:
Be accurate (where they state facts);
Be genuinely held (where they state opinions); and
Comply with applicable law in any country from which they are posted.
Contributions must not:
Contain any material which is defamatory of any person;
Breach the data protection or privacy rights of any person;
Contain any material which is obscene, offensive, hateful or inflammatory;
Promote sexually explicit material;
Promote violence;
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Infringe any patent, copyright, database right, trade mark or other intellectual property right of any other person;
Be likely to deceive any person;
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
Promote any illegal activity;
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
Be likely to harass, upset, embarrass, alarm or annoy any other person;
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
Advocate, promote or assist any unlawful act.
16. Paid-for services
Planspot charges fees for different paid-for services and these are published on the Planspot website (“Priceplans”).
All applicable paid-for services fees are due to Planspot even if an event is cancelled or postponed and are charged in the currency from where the booking is made.
Premature notice of termination or temporary inaccessibility of paid-for services or reduced paid-for services being available will never entitle Paid Users to any refund of (a part of) amounts already paid, including refunds of credits packages bought by Paid Users.
17. Priceplans, credits, payment, refunds and chargebacks
Planspot provides different Priceplans which are based on a monthly recurring payment. Priceplans may change and Planspot will inform users 1 month in advance.
Paying Users are always allowed to end, upgrade or downgrade their Priceplan at any time. Downgrades and cancellations (‘ending’) will be effective at the end of the monthly payment period of the priceplan. Upgrades will be effective immediately. When ending your Priceplan, the events you have entered in our system will remain in our system and any credits left in your account will be disposed of.
Payment is solely on credit card base and according to our priceplans. Our payment processor is PCI Level 1 compliant, and will carry out payment
Planspot will send invoices and priceplan changes confirmations by e-mail only.
Regarding ticketing, it is the responsibility of the User to communicate its refund policy to its Customers.
If a Customer desires to request a refund for paid tickets, Buyer must request the refund from the Organizing Use and not from Planspot.
All communications and disputes regarding refunds in connection with the sales of tickets, sales of products, or event registration, are between the organizing User and its Customer(s) and Planspot will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds
Credits provided with a User paid priceplan expire each month and are each month renewed to the balance as stated in the priceplan, unless the User cancels his paid priceplan.
18. Media Partners
By using Planspot as a Media Partner:
You will actively communicate Planspot’s integrated services through your marketing expressions, both online and offline, to your target group, fans, readers and/or followers.
You will actively promote Planspot as the preferred channel to provide You with event information
When integrating the Planspot XML feed on your website, You will use the Planspot XML feed as the only means of showing events on your website
When integrating the Planspot XML feed on your website, You will add a Planspot referral button to your site (see Settings > Referral Button), so that your visitors can add events to your website through Planspot.
When integrating the Planspot XML feed on your website, You will actively carry out sales on that XML feed, either free or paid, and refer users to Planspot.
You will never contact any of our Organizers directly outside the Planspot system, with the clear intention of carrying out sales outside of Planspot, without our written consent.
When You publish (either online or offline) any event delivered by Planspot, You will set the status of that event to “published” by pressing the “publish” button for that event.
19. Intellectual property
The copyrights and any other intellectual property rights including the rights to databases and trademarks with regard to the content placed on Planspot are exclusively vested in Planspot and/or its suppliers or licensors.
In respect of all material that you submit to or post on the Planspot website, you grant to Planspot a worldwide, irrevocable, non-exclusive, free of charge licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-license such rights.
Without the prior written consent of Planspot you will not in any way wholly or partly disclose, reproduce or provide to third parties the content from (the database of) Planspot.
20. Liability
The material on the Planspot website is provided ‘as is’ and without any guarantees, conditions or warranties as to its accuracy.
In connection with its activities Planspot depends (partially) on the cooperation, services by and supplies from third parties over which Planspot has little or no influence. Planspot will never be liable for any loss arising from the agreement between the User and Planspot or its breach regardless of whether the damage is caused or becomes evident during or after the agreement with Planspot.
Any liability of Planspot for any other form of loss is excluded, including any form of indirect loss such as punitive damages, compensation of consequential loss, loss of or damage to data and loss due to lost sales or profits.
Neither will Planspot be liable for losses as a result of inaccessibility, incompleteness, inaccuracy or out-dated content on the Planspot website nor for the content supplied by third parties.
Any liability of Planspot will at any time be limited to a maximum of the invoice most recently paid.
Planspot will never be liable for abuse by third parties by which the User suffers losses.
21. Term and termination
This agreement is effective for an indefinite period of time. You are entitled at any time to cancel your account or terminate the agreement with Planspot.
Any party is entitled to dissolve a paid-for service including paid-for credit package with immediate effect via a registered letter without any further notice of default and without any prior judicial intervention being required if:
the other party applies for a moratorium;
the other party has been declared bankrupt;
the other party is a legal entity and is dissolved;
the control of or the decisive vote in the business operations of the other party transfers to a third party.
22. Suspension and termination due to breach of Terms
We will determine, in our discretion, whether there has been a breach of the Terms through your use of the Planspot website. When a breach of the Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with the Terms constitutes a material breach of the terms upon which you are permitted to use the Planspot website, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the Planspot website.
Refusal to publish or post, or immediate, temporary or permanent removal of any posting or material uploaded by you to the Planspot website.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
23. Disposal & encumbering of rights/obligations
Planspot is allowed without your prior explicit consent to dispose of and/or encumber the rights and/or obligations under this agreement provided the rights and obligations under this agreement continue to remain effective.
21. Linking to Planspot
You may link to the Planspot website via the home page and publicly accessible pages only provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Planspot website must not be framed on any other site, nor may you create a link to any part of the Planspot website other than the home page or publicly accessible pages. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards (see section 12 above).
24. Links from Planspot
Where the Planspot website contain links to other sites and resources provided by third parties, these links are provided for your information only. Planspot has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
25. Trademarks
Planspot, “Events Start Here” and the Planspot logos are trademarks of Front Mobile B.V.
26. Other provisions
Planspot is entitled to use the services and/or products of third parties in performing this agreement.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
27. Jurisdiction and applicable law
This Agreement is governed by Dutch law.
All disputes arising from this agreement will be settled by the competent judiciary of the District Court of Rotterdam although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.
28. Your Concerns
If you have any concerns about material which appears on the Planspot website, please contact us at support@planspot.com.