We (Firebrand Projects Pty Ltd) run an online recommendations service called Eight Spots and would love for you to use it. Our basic service is free; however, we intend to offer paid upgrades for premium features that some users may elect to use in future. The service is designed to allow you, as a free user, to enjoy the basic functionality of the service and to be able to utilise it to do many of the things that most users would want to do. These terms of service have therefore been prepared to allow this, while providing some basic protections both us and you.
Please read this agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by FBPL, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your Eight Spots account
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must not describe or assign keywords to named items on the Website, which may include but not be limited to trading descriptive tags or location names, in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and FBPL may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause FBPL liability. You must immediately notify FBPL of any unauthorised uses of your account or any other breaches of security. FBPL will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE EIGHT SPOTS SERVICE IS A VIOLATION OF EIGHT SPOTS POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
- Engage in any act that FBPL deems to be in conflict with the spirit or intent of the service, including but not limited to circumventing or manipulating these Terms or other policies
- Make improper use of Eight Spots’s support services, including by submitting false abuse reports
- Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation
- Post reviews, descriptions, tags or other comments that are unfair, untruthful or slanderous
CHEATING AND HACKING: You agree that you will not, under any circumstances:
- Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service or any Eight Spots feature
- Use the Service in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with the Service or any Eight Spots feature
- Without FBPL’s express written consent, modify or cause to be modified any files that are a part of the Service
- Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Website (each a "Server"); or (2) the enjoyment of the Service or game by any other person
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Website, or other attempts to disrupt the Website or any other person’s use or enjoyment of the Service
- Attempt to gain unauthorised access to the Website, accounts registered to others or to the computers, servers or networks connected to the Service by any means other than the user interface provided by Eight Spots, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service or the Website
2. Responsibility of contributors
If you contribute a review, description, photos, comment, tag or other content to one of the location pages, comment boards or other pagelocated on the Website where you are able to submit user-generated content (for example on a location review screen), post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics or other data. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and
- the Content is not unfair, untruthful or slanderous;
- the Content is not likely to be perceived as unfair, untruthful or slanderous by a third party;
- your comments or Eight Spots profile page is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods.
Without limiting any of those representations or warranties, FBPL has the right (though not the obligation) to, in FBPL’s sole discretion, (i) refuse or remove any content that, in FBPL’s reasonable opinion, violates any FBPL policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual for any reason, in FBPL’s sole discretion. FBPL will have no obligation to provide a refund of any amounts previously paid.
3. Payment and renewal
3.1 General Terms
Optional paid services may be available from time to time on the Website (any such services, a “Premium Feature”). By selecting a Premium Feature you agree to pay FBPL the one-off or recurring subscription fee indicated for that Premium Feature. Payments will be charged on a pre-pay basis on the day you sign up for a Premium Feature and will cover the use of that a Premium Feature for a monthly or annual subscription period as indicated, or until a certain number of units have been consumed and/or expired as the case may be. Premium Feature fees are not refundable.
3.2 Automatic Renewal
Unless you notify FBPL before the end of the applicable subscription period that you want to cancel a recurring Premium Feature, your Premium Feature subscription will automatically renew and you authorise FBPL to collect the then-applicable subscription fee for such Premium Feature (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Premium Features can be cancelled at any time by contacting Eight Spots.
4. Responsibility of website visitors
FBPL has not reviewed, and cannot review, all of the material (for example user reviews, descriptions, comments. photos and the like) posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, FBPL does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties. FBPL disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content posted on other websites
We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Eight Spots links, and that link to Eight Spots. FBPL does not have any control over those non-Eight Spots websites and webpages, and is not responsible for their content or their use. By linking to a non-Eight Spots website or webpage, FBPL does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. FBPL disclaims any responsibility for any harm resulting from your use of non-Eight Spots websites and webpages.
6. Copyright infringement
As FBPL asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Eight Spots violates your copyright, you are encouraged to notify FBPL. FBPL will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. FBPL will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of FBPL or others. In the case of such termination, FBPL will have no obligation to provide a refund of any amounts previously paid to FBPL.
7. Intellectual property
This agreement does not transfer from FBPL to you any FBPL or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with FBPL. FBPL, Eight Spots, the Eight Spots logo, and all other trademarks, service marks, graphics and logos used in connection with Eight Spots or the Website are trademarks or registered trademarks of FBPL or FBPL’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any FBPL or third-party trademarks.
FBPL reserves the right to display advertisements anywhere on the Website, including on pages to which you may have contributed content (e.g. location review pages). FBPL will be solely entitled to any revenues attributable to such advertising.
FBPL reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. FBPL may also, in the future, offer new services and/or features through the Website (including, the release of Premium Features). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
FBPL may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Eight Spots account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of warranties
The Website, and the recommendations contained within it, are provided “as is”. FBPL and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement or the accuracy of any recommendations that you may receive through the Website or the Service. Neither FBPL nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of liability
In no event will FBPL, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FBPL under this agreement during the twelve (12) month period prior to the cause of action. FBPL shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General representation and warranty
You agree to indemnify and hold harmless FBPL, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between FBPL and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorised agent of FBPL, or by the posting by FBPL of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the Website will be governed by the laws of the state of Queensland, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the relevant courts located in Brisbane, Queensland. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and legal fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FBPL may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
10. Force majeure
FBPL shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of FBPL, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond FBPL’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
11. Contact us
If you have any questions, comments or concerns regarding our policies and/or practices, please send an e-mail to firstname.lastname@example.org.
Firebrand Projects Pty Ltd
PO Box 55
Fremantle, WA 6959
12. Change log
Eight Spots would like to acknowledge the source of this document - Automattic. This document has been adapted from the Automattic terms of service under a Creative Commons Attribution-ShareAlike license.
This work is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.