The NEW Sponto is Here!

Come together.

Sponto 2.0 in open alpha for DC.

Sponto is a mobile app that lets you discover events,
concerts, parties and happenings around you and to
share and follow them with your Facebook friends in real time.

Download the Android App Here:

Sponto is built on top of Facebook and discovers events in DC and its suburbs.

We will be unveiling the product nationally
at the upcoming DC Tech Meetup on February 15th.

copyright 2011 Sponto, Inc. All Rights Reserved

SPONTO™ TERMS OF USE

LAST REVISION: MAY 7, 2011

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SPECIAL NOTE FOR SPONTO.COM VISITORS

This is a legal agreement, and it is very important that you understand exactly what you are agreeing to when you become a SPONTO member. Please read this agreement before you click the "Agree" button below, and please inquire about anything you do not understand. If you have any questions about this agreement, you can reach us at mailto:info@SPONTO.com.

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1. Acceptance of Terms

THESE TERMS OF SERVICE ("TERMS OF SERVICE"), AS AMENDED FROM TIME TO TIME AND PUBLISHED AT http://www.sponto.com/terms.html, AND AS INCORPORATING THE SPONTO PRIVACY POLICY (PUBLISHED AT http://www.sponto.som/privacy.html) COMPRISE A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND SPONTO, INC. ("SPONTO" OR "WE"). YOU MUST READ AND AGREE TO THESE TERMS OF SERVICE IN ORDER TO BECOME A MEMBER OR USE THE SPONTO WEBSITE AVAILABLE AT HTTP://WWW.SPONTO.COM ("SPONTO.COM") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY SPONTO (COLLECTIVELY WITH THE SITE, THE "SERVICE"). BY REGISTERING FOR AND/OR USING SPONTO.COM OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING SPONTO.COM, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF SPONTO.COM OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON SPONTO.COM.

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on SPONTO.COM, each of which is incorporated by reference and each of which may be updated by SPONTO from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by SPONTO from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

Any modifications to the Terms of Service will be brought to your attention by email to the address you used to register for SPONTO.com and by posting at SPONTO.com. Such modifications will be effective immediately, and will apply to disputes arising under the Terms of Service from the date of posting of the modified Terms of Service forward. Your continued use of SPONTO after a modification has been made to the Terms of Service constitutes your acceptance of such modification.

2. Registration and Eligibility

By becoming a SPONTO Member ("Member"), you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your registration for SPONTO.com does not violate any applicable law or regulation in your jurisdiction. Moreover, as the Service is available only to individuals who are at least 18 years old, you represent and warrant that if you are an individual, you are of legal age to form a binding contract. SPONTO may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

3. User Accounts

3.1 Account Creation

Each user ("User") of SPONTO.com will be required to create a user account ("Account"). If you create an Account, you agree to provide current, complete, true and accurate information, and agree to update this information should it change. You agree that we may limit the number of Accounts you are able to create.

3.2 Account Security

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. YOU MAY NOT USE ANYONE ELSE'S ACCOUNT, AND YOU MAY NOT ALLOW ANYONE ELSE TO USE YOUR ACCOUNT EXCEPT AS EXPLICITLY ALLOWED BY SPONTO.

You agree to notify us immediately of any compromise of your password, unauthorized use of your Account, or any other breach of security and to provide properly documented evidence as requested by us. You agree that you will be liable for losses incurred by us or another party due to someone else using your Account or password. You agree that we will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge.

3.3 Account Suspension and Termination

YOU UNDERSTAND AND AGREE THAT WE MAY, AT OUR SOLE DISCRETION AND AT ANY TIME, TERMINATE AND/OR SUSPEND YOUR SPONTO.COM MEMBERSHIP ACCOUNT FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO FOR VIOLATION OF THESE TERMS OF SERVICE OR VIOLATION OF ANY OTHER POLICY RELATED TO SPONTO.COM, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION AND/OR SUSPENSION. IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED, YOU WILL HAVE NO FURTHER ACCESS TO SPONTO.COM.

4. Intellectual Property

4.1 Intellectual Property Rights

"Content" shall mean all digital material on SPONTO.com or the Service including, without limitation, images, textures, photographs, animations, three-dimensional models, video, audio, text, and all other digital material. We acknowledge and agree that to the extent you have such rights under applicable law, and subject to the terms and conditions of this Agreement, you retain any and all applicable (a) copyright rights, including, without limitation, copyright rights in Content you create in and/or upload to SPONTO.com, (b) trademark rights, including, without limitation, rights in trademarks, service marks, and other identifiers you create for and/or use at SPONTO.com, (c) any and all other intellectual property rights with respect to Content you create in and/or upload to SPONTO.com.

You acknowledge and agree that our acknowledgement hereunder of certain of your intellectual property rights does not constitute a legal opinion or legal advice, and is intended solely as an expression of our intention not to require you to forego certain intellectual property rights with respect to certain Content made available at SPONTO.com as set forth and subject to the limitations herein.

You acknowledge and agree that except as set forth herein, all rights, title and interest in and to the SPONTO website and in and to all Content at SPONTO.com not created by you, are and shall remain the exclusive property of SPONTO, SPONTO's licensors, and/ or other SPONTO.com Users. Except as expressly provided herein, SPONTO and/or its licensors and/or other SPONTO.com Users do not grant you any express or implied rights in and/or to Content and/or the SPONTO website, and all right, title and interest in and/ or to Content and in and/or to the SPONTO website are retained by SPONTO and/or its licensors and/or other SPONTO.com Users.

You acknowledge and agree that you will not upload or otherwise transmit in or through SPONTO.com any Content that is subject to any third-party rights unless any and all holders of such rights have expressly authorized such activity.

SPONTO does not endorse and has no control over any Content submitted by a user.

SPONTO cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using SPONTO.COM or the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

4.2 No Rights to Data

You acknowledge and agree that even though you may retain certain intellectual property rights with respect to certain Content, you do not own any underlying data, including without limitation, any data associated with your Content including computer files, digital representations, and any other data associated with your Content. You understand and agree that your intellectual property rights do not confer any other rights, including but not limited to real property rights, virtual property rights, rights of access to SPONTO.com, rights to transfer data stored by or on behalf of SPONTO, or any other rights.

4.3 Enforcement of Intellectual Property Rights

You acknowledge and agree:

4.3.1 that you alone are solely responsible for enforcing your intellectual property rights regarding Content at SPONTO.com;

4.3.2 that you are responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder;

4.3.3 that except as provided by law, SPONTO will have no liability whatsoever in connection with actions or failures to act with respect to enforcement of your intellectual property rights;

4.3.4 that third parties may attempt to circumvent any procedures and/or features designed to inhibit misuse of your Content and/or infringement of your intellectual property rights, and that SPONTO is not responsible for such misuse of your Content or infringement of your intellectual property rights, whether or not SPONTO creates procedures and/or features to inhibit such misuse and/or infringement; and

4.3.5 that SPONTO may implement procedures and/or features designed to inhibit misuse of your Content without incurring any future obligation to create or maintain, or past or future liability for any failure to create or maintain, any such procedures and/or features.

4.4 Your Grants of Rights

You acknowledge and agree that by submitting Content to SPONTO.com, you automatically grant (and represents and warrant that you have the right to grant) the following:

4.4.1 a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to SPONTO to use, reproduce, distribute, remove, and analyze any of your Content as SPONTO may deem necessary or desirable for any purpose in connection with the operation of the Service, including but not limited to for purposes of creating, providing, managing, debugging, testing and/or providing support for SPONTO.com, and

4.4.2 a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to SPONTO to copy, modify, and reproduce your Content for marketing and/ or promotional purposes in connection with SPONTO in any media, whether presently known or unknown,

4.4.3 a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to each user of SPONTO.COM and/or the Service to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content solely for personal, non-commercial use, and

4.4.4 except as set forth herein, the perpetual and irrevocable right to SPONTO to delete any or all of your Content from SPONTO.com, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party.

5. Service Termination, Suspension and Changes

SPONTO RESERVES THE RIGHT TO TERMINATE, SUSPEND, OR CHANGE ANY SERVICE OR FEATURE OF SPONTO.COM AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT SPONTO SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, OR CHANGE. IN THE EVENT THAT SPONTO.COM IS TERMINATED, SUSPENDED, OR CHANGED, YOU WILL NOT RECEIVE ANY REFUND.

6. Communication Services

SPONTO.com may include communication tools to enable you to communicate with other SPONTO.com Users such as, for example, e-mail, instant messaging, bulletin boards, newsgroups, forums, communities, personal web pages, blogs, calendars, photo albums, file exchange tools, text, voice and/or video chat areas, and other communication tools (collectively the "Communication Services").

You agree to use the Communication Services only to post, send, and receive communications that are in accordance with the rules of conduct set forth in Section 7.

We reserve the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason or for no reason.

We are not responsible for communications made by other Users via the Communication Services. You acknowledge that communications made via the Communication Services are not controlled or endorsed by SPONTO, and that such communications shall not be considered reviewed, screened or approved by SPONTO.

We are not responsible for communications made by you via the Communication Services. You acknowledge and agree that your communications made via the Communication Services are public and not private communications and that you have no expectation of privacy concerning your use of the Communication Services. You acknowledge and agree that personal information that you communicate via the Communication Services may be seen and used by others and result in widespread distribution of such information. We strongly encourage you not to disclose any personal information in your public communications via the Communication Services unless you wish such information to be made permanently available to the public.

You acknowledge and agree that SPONTO has the right, but not the obligation, to monitor any communications made via the Communication Services, to alter, remove, or refuse to post or allow to be posted or stored any communications made via the Communication Services, to monitor and/or filter any communication made via the Communication Services, and to disclose any communications made via the Communication Services and the circumstances surrounding the transmission thereof, to any third party in order, (a) to operate SPONTO.com, (b) to protect SPONTO and its employees, officers, directors, shareholders, agents, representatives, affiliates, Users, and visitors, (c) to comply with legal obligations or governmental requests, and/or (d) to enforce this Agreement.

Communications made via the Communication Services reflect only the views of their authors. SPONTO specifically disclaims any liability with regard to communications made via the Communication Services and specifically disclaims any liability with regard to any actions resulting from your participation in any Communication Services.

Some Users may have managerial or moderator status with respect to the Communication Services. Unless specifically so designated, such Users are not authorized SPONTO spokespersons, and their views do not necessarily reflect those of SPONTO.

7. Rules Of Conduct

You agree that you will not:

7.1 7.1 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at SPONTO.com pyramid schemes, chain letters, junk email, spam, or any duplicative or unsolicited messages, commercial or otherwise.

7.2 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.

7.3 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at SPONTO.com any material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by SPONTO in its sole discretion.

7.4 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at SPONTO.com any material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others, such as images, photographs, sound files, text files, graphics files, and any other material or information.

7.5 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at SPONTO.com any files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, any other files that contain malicious code or that may in any way damage or interfere with the operation of SPONTO.com, other Users' access to SPONTO.com and/or other Users' computers.

7.6 Except as expressly authorized by SPONTO in writing, advertise or offer to sell or buy any goods or services for any purpose.

7.7 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at SPONTO.com any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.

7.8 Violate any applicable laws or regulations, or promote or encourage any illegal activity.

7.9 Impersonate another User or create a false identity, including but not limited to identities falsely indicating that the User is another SPONTO.com User, a celebrity or other well known person, or a SPONTO representative.

7.10 Collect in any manner information regarding any User or Users of SPONTO.com, or other information regarding SPONTO.com or any part thereof, or distribute such information to any third party.

7.11 Gain or attempt to gain unauthorized access to SPONTO.com, to unpublished information or material, to other Users' Account information, or to computer systems and/or networks connected to SPONTO.com, such as through hacking, phishing, password mining, social engineering, screen scraping, and/or any other method to gain or attempt to gain unauthorized access.

7.12 Make false reports to SPONTO.com administrators.

7.13 Publish, post, upload, transmit, distribute, disseminate or otherwise make available at SPONTO.com any hacks, exploits, cheats, bots, automation software, mods or any other unauthorized third-party software designed to modify the SPONTO.com experience without the prior express written consent of SPONTO.

7.14 Take any action that imposes or may impose (as determined by SPONTO in its sole discretion) an unreasonable or disproportionately large load on SPONTO's (or its third party providers') infrastructure.

7.15 Resell or make any commercial use of SPONTO.com without the prior express written consent of SPONTO.

7.16 Engage in fraudulent transactions.

7.17 Offer to transfer, buy, auction, rent, lease, loan or sell access to your SPONTO.com Account.

7.18 Use SPONTO.com to establish physical or geo-spatial surveillance of any User or Users of SPONTO.com, or distribute such information to any third party.

8. Newsletters

By providing your email address to SPONTO you understand you may receive periodic information regarding current and future services offered by SPONTO. You may unsubscribe at any time by following the directions contained in each electronic newsletter.

9. Jurisdictional Issues and Export Control Laws

SPONTO.com is controlled and operated by SPONTO from its offices within the United States. We make no representation that SPONTO.com or the Services are appropriate or available for use in other locations. Those who choose to access SPONTO.com or the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. To the extent you access SPONTO.com from a region where such laws apply, you further agree not to upload to SPONTO.com any data or software that cannot be exported without prior written government authorization.

10. Links to Third-Party Sites

SPONTO.com may link to third party sites ("Linked Sites"). These Linked Sites are not controlled by SPONTO and we are not responsible for the information of the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. SPONTO provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by SPONTO of any Linked Site.

11. Disclaimer of Warranty; Limitation of Liability

To the maximum extent allowed by law, neither SPONTO nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "SPONTO Parties") warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through SPONTO.com. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom.

YOU EXPRESSLY AGREE THAT THE USE OF SPONTO.COM AND THE SERVICES IS AT YOUR SOLE RISK. SPONTO.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. SPONTO PROVIDES SPONTO.COM ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE SPONTO.COM AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT SPONTO WILL HAVE ADEQUATE CAPACITY FOR SPONTO.COM AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. SPONTO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF USE OF SPONTO.COM, OR ANY OTHER LOSS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY SPONTO, BY THIRD PARTIES, OR BY YOU OR OTHER SPONTO.COM USERS.

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SPONTO, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

CAUSE OF ACTION. YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE SPONTO PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON SPONTO.COM OR BY USE OF SPONTO.COM OR THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SPONTO IS TO STOP USING SPONTO.COM, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL ANY LIABILITY OF THE SPONTO PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO SPONTO OR ITS DESIGNEES FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE SPONTO PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF SPONTO.COM, THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF SPONTO.COM OR INTERACTIONS WITH

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF SPONTO AND THE SPONTO PARTIES SHALL BE LIMITED TO

THE FULLEST EXTENT PERMITTED BY LAW. THE SPONTO PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF SPONTO.COM FOR ANY PURPOSE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF SPONTO.COM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

SPONTO EXPRESSLY DISCLAIMS ALL REPRESENTATION AND WARRANTIES REGARDING GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTIES DURING YOUR USE OF SPONTO.COM. YOU AGREE TO LOOK SOLELY TO THIRD PARTIES FOR ANY AND ALL CLAIMS REGARDING SUCH TRANSACTIONS WITH THIRD PARTIES.

YOU ACKNOWLEDGE THAT, TO THE EXTENT ALLOWABLE UNDER APPLICABLE LAW, SPONTO SHALL NOT BE LIABLE TO YOU FOR THE LOSS OF ANY DATA OR ELECTRONIC FILES, FOR ANY REASON WHATSOEVER.

12. Jurisdiction and Choice of Law

Any and all disputes between you and SPONTO relating to your use of SPONTO.com shall be subject to the exclusive jurisdiction and venue of the courts located in the City and County of Rockville MD and shall be governed by, and will be construed under, the law of the United States of America and the law of the State of Maryland, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that if you choose to access SPONTO.com from outside of the United States, other laws may apply and those laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof.

13. Assignment

We may assign these Terms of Service, in whole or in part, at any time. With the exception of any intellectual property rights you may have as set forth herein, you may not assign, transfer or sublicense any or all of your rights or obligations under these Terms of Service without SPONTO's express prior written consent.

14. Indemnity

You agree to defend, indemnify and hold harmless the SPONTO Parties from and against all claims, losses, costs and expenses (including without limitation court costs and attorneys fees) arising out of (a) your use of, or activities in connection with the Services; (b) any violation of these Terms of Service by you or through your Account; or (c) any allegation that any Content that you make available via SPONTO.com infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party

15. Dispute Resolution.

A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and SPONTO agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Prince Georges County, Maryland, using the English language in accordance with the Commercial Arbitration Rules and Procedures of the American Arbitration Association ("AAA")then in effect, by one arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators. The prevailing party in any arbitration or other proceeding arising under these Terms of Service shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the state of Maryland. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Service, including without limitation, this section.

16. Termination of Agreement and Survivability of Terms

This Agreement is effective until terminated. We may terminate this Agreement with or without notice to you by terminating your Account as set forth in Section 3. You may terminate this Agreement and your Account by following the procedures set forth on the SPONTO website. The provisions of Sections 3 through 7 and 11 through 19 shall survive any termination of this Agreement.

17. Severability

If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

18. Complete Agreement

These Terms of Service, including the documents expressly incorporated by reference, constitute the entire Agreement between you and SPONTO with respect to its subject matter. This Agreement supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and SPONTO with respect to its subject matter and you represent that you have not relied on any such communications in accepting this Agreement.

19. General Provisions

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of SPONTO.com or information provided to or gathered by SPONTO with respect to such use.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of SPONTO shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of SPONTO.

A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce at any time any of the provisions of these Terms of Service shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. Any waiver by SPONTO of any provision, condition or requirement of these Terms of Services shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

The parties agree that all correspondence relating to this Agreement shall be written in the English language.

Contact

You may contact SPONTO at the following 5502 Nebraska Avenue NW, Washington DC 20015:

Effective Date: May 7, 2011

SPONTO™ PRIVACY POLICY
LAST REVISION: MAY 7, 2011

1. Introduction: Please read the following to learn more about our privacy policy. Sponto, Inc. ("SPONTO") takes great pride in building strong relationships with its users and takes users' privacy concerns seriously. That being said, SPONTO strives to reasonably protect the privacy of its users and treat any personal information with the utmost care and respect. Moreover, SPONTO works hard to provide its users with a significant level of control over his/her privacy and the use of any personal information. This Privacy Policy is designed to inform our users about our privacy procedures, the types of information we gather, and the methods of its use. By visiting or using the SPONTO website, SPONTO's services and applications, and any other linked pages, features, or content offered from time to time by SPONTO in connection therewith (collectively, the "Service"), you acknowledge that you accept the practices and policies outlined in this Privacy Policy. You may also email us with any privacy-related questions you have at privacy@sponto.com.

2. Privacy Policy Coverage:
This Privacy Policy covers SPONTO's treatment of personally identifiable information ("Personal Information") and other data that SPONTO gathers when you are accessing the Service. This policy does not apply to the practices of companies that SPONTO does not own or control, or to individuals that SPONTO does not employ or manage. In addition, the Service offered by SPONTO may contain links to outside sources, both ones SPONTO has included and others submitted by users. While SPONTO attempts to provide links only to those sites that share its particular respect for privacy, it cannot take responsibility for the content or privacy policies of third-party sites. Therefore, SPONTO encourages its users to carefully review the privacy policies of any sites visited and the third party applications used.

3. Personal Information Collected:
SPONTO collects user information in a variety of ways. SPONTO receives and stores information entered by users when using the Service or otherwise provided to SPONTO. SPONTO may collect a variety of user information, including the user's name, address, email address, phone number, birthday, use information and browser information. The information provided is used to ensure that users can interact with other users, to improve the content of the Service, to customize the user's advertising and content, and to communicate about specials and new features. SPONTO may also utilize information in order to adapt the Service for a specific user's needs and for research purposes.

Users should be aware that their user names will be publicly available to others on-line. Therefore, SPONTO strongly advises its users to fully consider all privacy concerns and whether they want to include any personally identifiable information as part of their user submissions. If a user provides personally identifiable information when using any of the Services, the user does so at his or her own risk.

Registration: At the time a user activates his/her account, SPONTO requires the user to provide certain information, including user name, password, mobile number, and gender. SPONTO strongly advises its users to not use any location information as part of their username or any personally identifiable information as part of their password.

Information Collected Automatically: As part of the Service, SPONTO continually and automatically receives and stores certain types of information. Once a user signs-up and commences using the Service, SPONTO automatically and continually receives and records certain information including, but not limited to a user's GPS location, velocity and acceleration information. Additionally, SPONTO may automatically collect non- personally identifiable usage data in aggregate form for statistical measuring purposes. This type of data enables SPONTO to determine, among other things, how often users access specific parts of the Service in order to allow SPONTO to revise, improve and develop said services. As part of this improvement function, SPONTO may provide aggregate information to its partners. However, SPONTO will not disclose aggregate information to a partner in a manner that would allow for a user to be personally identified.

Invitations: If a user invites someone to use the Service, SPONTO will disclose the user's real name as part of the invitation sent to the email address the user invited. This information is necessary to ensure the invited individual knows who has contacted them.

Promotions: From time to time SPONTO may present special offers, contests, sweepstakes or other promotions. In order to enter into said promotions, a user may need to provide additional personal information. To the extent that SPONTO intends to share such information with any third party involved in the promotion, such information and shared use will be specifically described as part of the terms of any offer, contest, sweepstakes or promotion.

Surveys and Feedback: SPONTO is committed to providing the best experience for its users. Therefore, SPONTO may request information or feedback from users as part of surveys or other feedback requests as part of its continuing work to make the Service the best it can be. SPONTO may employ users' non-personally identifiable information to improve the look, functionality and content of the Service or to personalize user experience, products, programs and service offers.

User Generated Content: SPONTO encourages users to submit their original content, ideas or other materials, in compliance with the Terms of Service (http://sponto.com/ legal) for the Website. That being said, SPONTO retains full control and determination of whether and how such submissions are used.

Emails from You: If a user contacts SPONTO by email, SPONTO will use the personally identifiable email address information only to respond to the specific inquiry. Additionally, as part of the Service, you will receive emails and other communications relating to your submissions to SPONTO. All users acknowledge and agree that by posting any user submissions, SPONTO may send you email and other communication that it determines in its sole discretion relate to said user.

Emails from Us: SPONTO may send its users special announcements and correspondence, including newsletters, virtual greetings, promotional offers and other messages. The messages may contain registration information, additional Service features or other SPONTO information. SPONTO may also send email updates on users' friends, contacts or potential contacts. As discussed herein, at any time the user may exercise its right to opt-out or cancel the consent to collect information for these purposes.

Cookies: SPONTO may use software technology called "cookies" which consist of small text files stored in a computer's internet browsers to assist it in providing users with the highest level of service. Users have the option of setting their internet browser to accept, reject, or provide notification of the use of a cookie. Cookies do not consist of personally identifiable information per se but could be used to connect a user with personal information, such as an email address. Unless the user sets its internet browser to reject the use of a cookie, SPONTO may use them for various uses including recording and saving password information and determining number and retention of users employing the Service.

IP Address: When users access the Service, SPONTO collects some non-personally identifiable information concerning the computer or mobile device used for access, such as an Internet Protocol ("IP") address and the type of computer operating system (e.g., Windows Vista, Windows XP or Mac OS) being used. An IP address is the set of numbers that every computer is assigned by the specific Internet Service Provider ("ISP"). These numbers allow a server to automatically identify a user's computer and SPONTO may use it to help diagnose server problems or otherwise to administer the Service. SPONTO may also use technology to track access and traffic patterns within the Service. SPONTO may also use this information to determine which areas of www.SPONTO.com are the most enjoyed or accessed by users.

4. Personal Information Shared:
An integral part of SPONTO's business model is based on the information of its users. SPONTO does not rent or sell its user information to any third-party. However, SPONTO may share user information as described below.

Use of the Service: SPONTO's Service is designed to promote the share of information between its users, including GPS location. This includes user information provided directly to SPONTO, as well as information that users broadcast to other third party services using the Service. Submitted user information will be available to other users of the Service in accordance with the default privacy settings. User names and public profiles will be generally searchable across the Service and may be available to third party search engines. Search results, however, will not provide access to all user information unless the searching party already has a relationship with the user and the user's privacy settings allow.

While the Service does continually and automatically note your location at school, restaurants, shops, bars (etc.) SPONTO does not make this information available to other users except in the following cases: on a map in an anonymous form, separated from personally identifiable information; in the case where you use the service to publish your own location information explicitly; and, lastly, if the service detects that you are in close proximity with at least two other members and one of the members uses the service to publish the groups location information. SPONTO does not specifically ask you to provide your home address or any other location information for your user profile. If a user mistakenly, or other third-party without authorization, adds a user's home or other location information to the Service database the user may request removal of the home or location information by sending an email to SPONTO at privacy@sponto.com.

The Service may allow its users to connect with other third-party social networking services. If a user chooses to connect its SPONTO account and use such third-party services, any information provided is no longer under the control of SPONTO and may be subject to the terms of use and privacy policies of such third parties.

Third Party Disclosure: Disclosure: It is the policy of SPONTO not to share any personally identifiable information with a third party for the purposes of marketing. All pertinent information collected will only be used to provide the Services. From time to time SPONTO may engage third parties for technical, processing or other services related to www.SPONTO.com or the Services. However, SPONTO will use all reasonable commercial efforts to ensure that such parties are obligated to keep the information secure and confidential. SPONTO may disclose personal information to the extent necessary to enforce our terms of use, or to otherwise protect the rights of users of the site. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Moreover, to the extent necessary to comply with court orders or with requests by law enforcement or governmental agencies, SPONTO may provide personally identifiable information to the required third parties.

Sale of Business or Assets: In some cases, SPONTO may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that are transferred. In the event that all or substantially all of SPONTO' assets are sold, given, or otherwise transferred to another entity, all user information collected as part of access to and use of the SPONTO service would likely be transferred to that entity as well. By using the Service users acknowledge that such transfers may occur, and that any acquirer of SPONTO may continue to use its information as set forth in this policy.

Hyperlinks: The Service may contain hyperlinks, pointers or introductions to other sites on the internet or services that may be maintained by third parties. These other sites may use cookies, collect data or solicit personally identifiable information using methods not confirming to SPONTO' Privacy Policy. Such links do not constitute an endorsement by SPONTO of any third-party site or any materials contained therein. SPONTO does not control, and is not responsible for, the availability, accuracy, or currency of such third- party site or any information, content, products or services accessible from such third- party site. Therefore, SPONTO recommends that you fully review the privacy policy of any particular site maintained by a third party provider.

With Your Consent: Except as otherwise set forth herein, users will be notified when their personal information may be shared with third parties and users will have the opportunity to prevent the sharing of this information.

5. Security: SPONTO has attempted to incorporate reasonably appropriate physical, electronic, and managerial procedures into its business and online systems to protect and prevent unauthorized use of the information it collects on its users. Such methods include use of a firewall to prevent unauthorized access to our systems and information. While SPONTO exercises reasonable care and due diligence in providing a secure conduit of information between a user's computer or other device and our servers, SPONTO cannot and does not guarantee the security of materials or information transmitted to us over the Internet or wirelessly. Therefore, while SPONTO will attempt to protect the transmission of any information using methods which comply with the industry standards, we accept no liability for any unintentional disclosure of same.

6. Contact Us: If you need further assistance, please send an e-mail with your questions or comments to info@SPONTO.com or write to SPONTO at:

Questions
SPONTO, Inc.
5502 Nebraska Avenue NW
Washington DC 20015

You may also telephone us at (703) 472-7627.

7. Effective Date: The Privacy Policy detailed herein applies to any and all information that you may have obtained from SPONTO. SPONTO reserves the right, at its full and complete discretion and without prior notice, to change, modify, amend, add, subtract, or otherwise remove portions of its Privacy Policy at any time and for any or no reason. Please periodically continue to check the Privacy Policy on http://www.SPONTO.com/privacy.html for any changes. Your continued access to and use of the Service after the posting of any amendments, deletions or other changes to the Privacy Policy will constitute your acceptance, acknowledgment and agreement to the respective changes. This Privacy Policy was last updated on 5/07/2011.

What is Sponto?

Sponto is a mobile app that detects when people come together. It works best when used by people who have an interest in common and are likely to bump into each other in the real world (like a college campus).

What does the big orange button do?

That’s the “ Start a Sponto” button. Hit it to start an event when you’re doing something that would be of interest to your friends and/or the community. After you start a Sponto, you can add photos, facebook friends and comments through the Sponto profile page and they will all get posted to the real-time feed that serves as the main screen for Sponto.

Does Sponto post my events to Facebook?

Only if you want it to. When you start a Sponto you will see a “ Post to Facebook” option in the bottom right corner. Select on/off according to your preference. (The selected option will be green.)

How does event detection work?

Sponto aggregates everybody’s location information and notices when a group of more than three people are in close proximity for more than 15 minutes. This works best out of doors, but get a big enough group together indoors and we think we’ll detect those groups as well. For now, when an event is detected you’ll see the message “ Sponto detected” in the feed and the name of each person added.

What about privacy?

Who can join?

Anybody with an Android phone and a Facebook account.

Will this chew up my battery?

Nope. We use the same amount of battery as the Android Facebook app.

When will we see an iPhone version?

We want to make sure we’ve got the core interaction right for Sponto on our current platform. When we see the engagement get where it needs to be, we will get an iPhone app out the door quickly.

Sponto protects people’s privacy by keeping their personal information and their location information SEPARATE at all times except when the user explicitly publishes their location by starting a Sponto. In the DC Week Edition of Sponto we have intentionally redacted the location information for automatically detected Spontos so that they appear in random places in the ocean so that your location won’t be accidentally revealed. In the future we will have more sophisticated ways to keep your location in your control.