These terms and conditions (the “Terms and Conditions”) administer your access to and utilization of MySpin’s website that are associated with or reference these Terms and Conditions (in aggregate, the “Service”). By using or accessing the Service, you are acceding to these Terms and Conditions and enter into an agreement with a lawfully binding contract with MySpin.com.au (“MySpin,” “Company”). Do not use or access the Service, in case you do not want or cannot be bound by these Terms of Service.
As a user of the Service, you are referred to as “you” and “your”. A “user” is a person that accesses, scrapes, crawls, browses, or uses the Service in any other way. MySpin.com.au is referred to as “we,” “us,” and “our.”
“Content” refers to text, photos, images, video, audio, location data, and all other types of communication and/or data. “Your Content” refers to the Content submitted or transmitted by you to, in connection with, or through the Service, e.g. check-ins, invitations, messages, ratings, and data that you publicly show or showed in your profile. “User Content” refers to Content submitted or transmitted by users to, in connection with, or through the Service. “MySpin Content” refers to Content created and made available by use in connection with the Service. “Third Party Content” refers to Content that sources from parties other than MySpin and/or its users that is made obtainable relating to the Service. “Site Content” refers to all of the Content that is accessible in connection with the Service, e.g. MySpin Content, User Content, Your Content and Third Party Content.
ALTERATIONS TO THE TERMS OF SERVICE
We can alter the Terms and Conditions once in a while. When alterations are made, you will be notified by us. We will place the revised version to this webpage and will put a notice at the top of it, indicating the date of the last revisions. We advise revisiting these Terms and Conditions regularly, because the modified versions will be binding on you as well. Any such change will be efficient after we post new Terms of Service. You comprehend and assent that your prolonged access to or utilization of the Service after any posted alteration to the Terms and Conditions means that you accept the change.
These Terms and Conditions can be translated into other language for convenience of our users. However, the English version controls your relationship with MySpin, and all resolutions about any contradictions between different translations will be made in favor of the English version.
UTILIZING THE SERVICE
The Service is accessible to all age groups, but individuals under age 16 must get parental agreement about their use of it. Therefore, if you are under age 16 and we learn that your parents did not grant you their agreement towards the use of MySpin, your profile will be deleted from the site. You cannot access or use the Service, in case you have been previously banned from it or your account has been closed by the Company.
Permit to Utilize the Service
We provide you permit to utilize the Service according to the restrictions in these Terms and Conditions. Your employment of the Service is at your personal risk, including the possibility of being exposed to offensive, objectionable, inaccurate, indecent, or otherwise incongruous Content.
Availability of the Site
The Service can be updated, changed, suspended, interrupted, or discontinued at any time without liability or notice.
Communications from MySpin and other Users
When you create an account, you assent to obtain particular communications related to the Service. For instance, you can get messages, friend requests, or invitations from other Users.
Responsibility for Your Content
You are the one, who responds for Your Content. Once Your Content is published, you can’t always delete it. You undertake all risks related to Your Content, including others’ trust on its reliability, accuracy, or quality, or any kind of display of information by you in Your Content that makes your personality identifiable. You assume that you own, or possess the necessary permissions to employ and sanction the utilization of Your Content as described in these Terms and Conditions. You cannot hint that Your Content is endorsed or sponsored by MySpin in any way.
You can expose yourself to trouble if, for instance, Your Content includes anything that is false, defamatory, or intentionally misleading; violates any rights of third parties, including patent, moral right, right of publicity, copyright, trademark, trade secret, privacy right, or any other proprietary or intellectual property right; contains anything that is illegal, including pornography or unlawful hate speech; exploits or harms minors in any other way; violates or supports the violation of any legal regulation or act.
Our Right to Utilize Your Content
We can utilize Your Content in various ways, e.g. reformatting it, creating derivative works from it, displaying it publicly, distributing it, promoting it, including it into advertisements and other works, and permitting other Users to do the same related to their own websites, social media, and other media platforms (in aggregate, “Other Media”). MySpin can use Your Content in all of the abovementioned ways, but not selling it to any third parties. Hereby, you irreversibly provide us sub licensable, royalty-free, world-wide, transferable, non-exclusive rights to utilize Your Content for any objectives. Also, you irreversibly provide Service and Other Media users the right to access Your Content in association with their employment of the Service and Other Media of any type. Ultimately, you irreversibly forgo, and cause to be forgone, against MySpin and its users any complaints and claims of moral rights or ascription with reference to Your Content. By “utilization” and “use” we mean copy, use, publicly display or perform, modify, distribute, create derivative works, and translate of Your Content.
As between MySpin and you, you are the owner of Your Content. We own the MySpin Content, including but not limited to graphics, visual interfaces, design, interactive features, software, products, computer code, and all other components and elements of the Service, except Third Party Content, User Content, and Your Content. We are also the owners of the trade names, service marks, trademarks, copyrights, and other proprietary and intellectual rights throughout the world (the “IP Rights”) related to the Service and MySpin Content, protected by patent, trade dress, trademark, copyright laws, and all other applicative proprietary and intellectual laws and rights. As such, you are not permitted to distribute, reproduce, modify, publicly display, create adaptations or derivative works of, or exploit the MySpin Content in any other way in part or in whole, excluding as clearly authorized by us. Excluding as clearly and unequivocally provided in these Terms and Conditions, we do not give you any implied or express rights, and all rights to and in the Service and the MySpin Content are reprised by us.
MySpin and its licenses can publicly show advertisements and other data included with or related to Your Content. You are not enabled to any compensation for these advertisements. The extent, mode, and manner of such advertisements are liable to alterations without any particular notice to you.
We retain the right to delete, edit, screen, or recover User Content once in a while at our own judgment and without notifying you. We are not obliged to reserve or supply you with copies of Your Content, nor do we assure any privacy with respect to Your Content.
We have absolutely no obligation to impose the Terms and Conditions against another user on your behalf. Although we encourage you to inform us, if you think the Terms and Conditions have been violated by another user, we retain the right to examine and take proper action at our own judgment.
You accede not to, and will not enable or help others to employ the Service to:
Also, you agree not to, and will not enable or help others to:
The limitations described beyond only apply to the scope admissible under applicable law or regulation. Nonetheless, you consent not to act opposite to them (even if admissible under applicable regulation or law) without supplying a written notice to us 30 days in advance, together with any data that we could sensibly demand to grant us an opportunity to supply alternative solutions or furnish you at our own judgment in any other way.
GUIDELINES AND POLICIES
You acknowledge that have read and comprehended the Content Guidelines of MySpin.
SUGGESTIONS AND IMPROVEMENTS
When you send to us any documents, ideas, proposals, or suggestions (“Feedback”), you accede that (i) your Feedback is not containing any proprietary or confidential third party data, (ii) we are not obliged to comply with confidentiality, implied or express, relating to the Feedback, (iii) we can have something, like Feedback already being considered or in the development stage, and (iv) you provide us an irreversible, perpetual, royalty-free, non-exclusive, global license to utilize, change, distribute, publish, and/or sublicense the Feedback.
The Service can include links to other websites (each referred to as “Third Party Site”). We do not endorse or control any Third Party Site. You accede that we do not hold responsibility for Third Party Sites’ obtainability or contents. The use of Third Party Sites is completely at your own discretion.
Some of the facilities that are available through the Service are supplied in relation to third parties and subject to supplementary terms.
You accede to indemnify and hold MySpin, its parents, affiliates, subsidiaries, any associated businesses, licensors, partners, suppliers, and the officers, employees, agents, representatives, and directors of each of them unharmed, including legal fees, liabilities, and costs, from any demand or claim made by any third party because of or resulting from (i) your use of or access to the Service, (ii) your breach of the Terms and Conditions, or (iii) the breach by you, or any third party through the use of your account, of any intellectual property or any other right of any entity or person. MySpin retains the right, at your cost, to assume the exceptional defense and control of any issue for which you have to indemnify us and you accede to collaborate with us and help us defend these claims. You accede not to solve any issue without the beforehand written agreement of MySpin. The Company will use sensible efforts to let you know of any such action, claim, or proceeding after finding out about it.
LIABILITY DISCLAIMERS AND RESTRICTIONS
MAKE SURE TO READ THIS SECTION THOROUGHLY, BECAUSE IT RESTRICTS THE LIABILITY OF MYSPIN AND ITS LICENSORS, AFFILIATES, AND SUBSIDIARIES (IN AGGREGATE, THE “MYSPIN ENTITIES”). EACH OF THESE SUBDIVISIONS BELOW ONLY APPLIES UP TO THE HIGHEST EXTENT ALLOWED UNDER APPLICABLE LAWS. NOTHING HEREIN IS MEANT TO RESTRICT ANY RIGHTS YOU COULD HAVE THAT CANNOT BE LEGALLY LIMITED.