Terms and Conditions

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.

DEFINITIONS

Parties

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

“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.

TRANSLATION

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

Eligibility

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.

User Accounts

You have to create an account and supply particular data about your personality in order to employ certain features offered through Service. You respond for keeping the password to your account confidential. Also, you respond for all occurring activities that are associated with your account. You assent to notify us right away about any unauthorized employment of your account. We retain the right to close your account for any reason and at any time. A “Personal Account” is an account meant only for your individual, non-commercial use. During the creation of your Personal Account, we request that you supply complete and precise data about yourself to support your reliability as a contributor to the Service. You cannot imitate someone else (for instance, adopt the personality of a neighbor or celebrity), use or create an account for anyone, but yourself, submit any other email, but yours, or create several Personal Accounts. In case you use a pseudonym, make sure to note that other users could still be capable of identifying you if, for instance, you include personal data in your events, employ the same account data on other websites, or permit other websites to share data about you with MySpin. Make sure to read our Privacy Policy to find out more.

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.

CONTENT

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.

Ownership

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.

Advertising

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.

Other

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.

RESTRICTIONS

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:

  1. Trespass any third party rights, including any violation of patent, trademark, trade secret, copyright, confidence, privacy right, right of publicity, moral right, or any other intellectual proprietary or property right;
  2. Harm, threaten, harass, or stalk others, or promote discrimination or intolerance;
  3. Propagate a business or other commercial event or venture, or otherwise utilize the Service for commercial aims;
  4. Use the Service and Content in commercial purposes;
  5. Demand personal data from minors, or transmit or submit pornographic content; or
  6. Trespass any related regulation or law.

Also, you agree not to, and will not enable or help others to:

  1. Trespass the Terms and Conditions;
  2. Change, adapt, reproduce, publicly display, trade, sell, appropriate, distribute, create derivative works or adaptations of, or in any other way exploit the Site Content or Service (except Your Content), excluding as clearly authorized by MySpin;
  3. Employ any site search, site retrieval, spider, robot application, or any other automated device, means or process to access, index, scrape, or retrieve any part of the Site Content or Service;
  4. Reversely engineer any part of the Service;
  5. Modify or delete any trademark, copyright, or other proprietary rights notice appearing on any part of the Service or on any data copied or printed from the Service;
  6. Mine, process, or record data about other users;
  7. Index, retrieve, or access any part of the Service for aims of populating or building a searchable business database;
  8. Frame or reformat any part of the Service;
  9. Take any action that enacts, or may enact, in our own judgment, a disproportionately or unreasonably large load on MySpin’ technology infrastructure or make excess traffic requirements of the Service in any other way;
  10. Try to obtain unauthorized access to the Service, computer systems, networks, or user accounts connected to the Service through password mining, hacking, or any other ways;
  11. Utilize any Site Content or Serve to transmit any cybernetic viruses, defects, worms, Trojan horses, or other destructive items (in the aggregate, “Viruses”);
  12. Employ any device, routine, or software that intervenes with the appropriate functioning of the Service, or try to intervene with the appropriate functioning of the Service in any other way;
  13. Utilize the Service to breach any computer network security, crack security encryption codes or passwords; intervene with or disrupt the security of the Site Content or Service or cause harm to them in any other way;
  14. Damage, delete, disable, circumvent, or otherwise intervene with any security-associated features of the Service, features that impose restrictions on the Service’s utilization, or features preventing or limiting the Site Content use or copying.

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

Content Guidelines

You acknowledge that have read and comprehended the Content Guidelines of MySpin.

Privacy

You acknowledge that you have read and comprehended our Privacy Policy. Note that we can disclose your data to third parties, in case we have a good belief that it is reasonably needed to (i) take action in association with suspected unlawful activities; (ii) impose or apply our Privacy Policy or Terms and Conditions; (iii) conform to legal processes or other governmental queries, such as a statute, subpoena, proceeding, search warrant, or other law suit served on the Company; or (iv) protect our property, reputation, and rights, or that of our affiliates, users, or the public.

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.

THIRD PARTIES

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.

INDEMNITY

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.

  1. THE AVAILABLE SERVICE IS MADE OBTAINABLE TO YOU ON “AS IS” TERMS. YOU ARE USING THE SERVICE AT YOUR OWN RISK AND DISCRETION.
  2. THE MYSPIN ENTITIES MAKE NO STATEMENTS OR PROMISES IN REGARDS THE BEHAVIOR OF THIRD PARTIES. THUS, THE MYSPIN ENTITIES ARE NOT RESPONSIBLE TO YOU FOR ANY DAMAGE OR LOSS THAT CAN ARISE FROM THEIR ACTIONS, SUCH AS IF ANOTHER USER MALTREATS YOUR IDENTITY OR YOUR CONTENT, OR IF YOU HAVE A BAD EXPERIENCE WITH ONE OF THE BUSINESSES MENTIONED ON THE SERVICE.
  3. THE WEEKEND TECHNOLGIES ENTITIES MAKE NO STATEMENTS OR PROMISES ON THE RELIABILITY, QUALITY, OR ACCURACY OF EVENTS AND CHECK-INS OR SAFETY OF THE SERVICE. THEREFORE, THE MYSPIN ENTITIES ARE NOT RESPONSIBLE TO YOU FOR ANY DAMAGE OR LOSS THAT CAN RESULT FROM YOUR TRUST IN THE BUSINESS LISTINGS’ RELIABILITY, ACCURACY, OR QUALITY.
  4. THE MYSPIN ENTITIES CLEARLY DISCLAIM ALL WARRANTIES, WHETHER IMPLIED OR EXPRESS, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A CERTAIN PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY.
  5. YOUR ONLY AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISCONTENT WITH THE SERVICE OR ANY OTHER COMPLAINT WILL BE YOUR DISCONTINUATION AND TERMINATION OF ACCESS TO OR UTILIZATION OF THE SERVICE.
  6. THE MYSPIN ENTITIES’ HIGHEST COLLECTIVE LIABILITY TO YOU FOR DAMAGES AND LOSSES THAT YOU UNDERGO IN RELATION TO THE SERVICE OR THESE TERMS AND CONDITIONS IS RESTRICTED TO THE GREATER OF (i) $100, OR (ii) THE AMOUNT PAID, IF ANY, BY YOU TO THE MYSPIN ENTITIES IN RELATION TO THE SERVICE IN THE 12 MONTHS BEFORE THE ACTION GIVING RECEIVING LIABILITY.
  7. THE MYSPIN ENTITIES RENOUNCE ALL RESPONSIBILITY FOR ANY (i) INCIDENTAL, EXEPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR RELIANCE DAMAGES, (ii) PROFIT LOSS, (iii) INTERRUPTION OF BUSINESS, (iv) DAMAGE TO OR LOSS OF REPUTATION OF MYSPIN OR ANY THIRD PARTY, OR (v) DATA OR INFORMATION LOSS.

TERMINATION

  1. You can terminate the Terms and Conditions at any time by shutting your account down, stopping using the Service, and supplying a notice of termination to MySpin. In case you close your account, we can continue showing Your Content, where it involves other users (such as messages you have sent to other Service users and comments that have been posted to their walls by you).
  2. The Company can close your account, freeze your ability to employ particular parts of the Service, and/or prohibit you completely from the Service for any or even no reason, and without notice or any kind of liability. Any such action might prevent you from getting access to your account, the Service, Site Content, Your Content, or any other data related to them.
  3. In case of any discontinuation, whether by us or you, Sections 1, 5, 6, 10-14 of these Terms and Conditions will persist in full effect and force, including the Company’s right to utilize Your Content as specified in Section 5.

GENERAL TERMS

  1. We retain the right to change, update, or terminate the Service at our own judgment, at any time, for any or even no reason, and without any notice or liability.
  2. We can supply you with notices, such as those related to changes to the Terms and Conditions by regular mail, email, or communications via the Service.
  3. Excluding as otherwise claimed in Section 9 beyond, nothing in these Terms and Conditions is meant, nor will be considered, to grant rights or solutions upon any third party.
  4. The Terms and Conditions comprise the complete agreement between you and the Company in regards to the employment of the Service, and displace any previous agreement between us and you on such subject issue. The parties recognize that no trust is placed on any statement made, but not expressly comprised in these Terms and Conditions.
  5. Any failure on the part of MySpin to exercise or impose any provision or right of the Terms and Conditions does not make up a waiver of such provision or right. The failure of either party to apply in any relation any right supplied for herein will not be deemed a renunciation of any rights mentioned hereunder.
  6. In case any provision of the Terms and Conditions is considered to be non-imposable or void, that provision will be restricted or removed to the minimum extent needed, so that the Terms and Conditions will otherwise stay in full effect and force and imposable.
  7. The Terms and Conditions are not assignable, sub licensable, or transferable by you, except with MySpin’ previously written agreement, but can be transferred or assigned by us without limitation. Any assignment endeavored to be made in breach of the Terms and Conditions will be invalid.
  8. Terms and Conditions’s section titles are meant for convenience only and possess no contractual or legal effect.