TERMS OF SERVICE
Welcome to Spinpost, a service owned and provided by Spinit Inc.
Here you’ll find the terms in which you can use Spinpost (our Services). They are the rules that govern our relationship with you and work as an agreement between you and us. This can be read as a traditional contract, so these terms do indeed form as a legally binding contract between you and Spinit Inc.
These terms contain an Arbitration Clause below. Except for certain types of disputes mentioned in that Arbitration Clause, you and Spinit Inc agree that disputes between us will be resolved by Mandatory Binding Arbitration, and you and Spinit Inc waive any right to participate in a Class-Action Lawsuit or Class-Wide Arbitration.
You need to be above age 13 to register or use of our Services. If you are under, your parent or legal guardian must agree to our Terms on your behalf, please read and review them together.
You accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards (print off or save a local copy of the Terms for your records).
If you are accessing or using the Services on behalf of a business or entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
Main part of our Services let you create, upload, post, send, receive, and store content. For all content you submit (send) to the Services, you grant Spinit Inc and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones, providing always the best experience. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.
All content created, posted, or uploaded is the sole responsibility of the person or organization that submitted it. Although Spinit Inc. reserves the right to review or remove all content that appears on the Services. We cannot—and do not—take responsibility for any content that others provide through the Services.
Analyzing how you make use of Spinpost is how we improve our Services. Spinpost uses the information it has and also works with partners, service providers, and affiliated companies to do this.
We respect the right of others, you must too. You aren’t allowed to use or make someone use our Services in ways that violate or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual property right.
We prohibit misuse of our Services including harmful conduct towards others such as bullying, harassing, intimidating, defaming, spamming or any activity that puts in risk our community. If we come to encounter any of these situations, we will take appropriate action, by terminating account and activity or contacting law enforcement.
You must register for our Services using accurate information, like providing your current mobile phone number. You agree to receive text messages and phone calls (from us or our third-party providers) with codes to register for our Services.
You can use the contact upload feature and provide us, if permitted by applicable laws, with the phone numbers in your mobile address book on a regular basis, including those of both the users of our Services and your other contacts.
Devices And Software.
You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.
Fees And Taxes.
You are responsible for all mobile charges that you may encounter, and other fees and taxes associated with your use of our Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
Acceptable Use Of Our Services
You must use our Services according to our Terms and posted policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you agree not to create another account without our permission. Disabling or suspending your account will be in accordance with the “Termination” section below.
You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Spinpost, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
You must not (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner; or (j) misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.
By using the Services, you agree that (a) you will not use the Services for any purpose that is illegal or prohibited in these Terms; (b) you will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information; (c) you will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent; (d) you will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services. (e) you will not use or attempt to use another user’s account, username, or password without their permission; (f) you will not solicit login credentials from another user; (g) you will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence. (h) you will not upload viruses or other malicious code or otherwise compromise the security of the Services; (i) you will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access; (j) you will not probe, scan, or test the vulnerability of our Services or any system or network; (k) you will not encourage or promote any activity that violates these Terms.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. For example, never use Spinpopst and drive. And never put yourself or others in harm’s way for the use of our Services.
You are responsible for keeping your device and your Spinpost account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Spinpost does not claim ownership of the information that you submit for your Spinpost account or through our Services. You must have the necessary rights to such information that you submit for your Spinpost account or through our Services and the right to grant the rights and licenses in our Terms.
We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks (or any similar marks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights unless you have our express permission.
In order to operate and provide our Services, you grant Spinpost a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your videos and images, transmit your messages, and store your undelivered content on our servers for up to 30 days as we try to deliver them).
We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Reporting Third-Party Copyright, Trademark, And Other Intellectual Property Infringement
We may take action with respect to your account, including disabling or suspending your account, if you clearly, seriously or repeatedly infringe the intellectual property rights of others or where we are required to do so for legal reasons. Disabling or suspending your account will be in accordance with the “Termination” section below.
Disclaimers And Release
You use our services at your own risk and subject to the following disclaimers. We are providing our services on an “as is” basis without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and freedom from computer virus or other harmful code. We do not warrant that any information provided by us is accurate, complete, or useful, that our services will be operational, error free, secure, or safe, or that our services will function without disruptions, delays, or imperfections.
We do not control, and are not responsible for, controlling how or when our users use our services or the features, services, and interfaces our services provide. We are not responsible for and are not obligated to control the actions or information (including content) of our users or other third-parties.
You release us, our subsidiaries, affiliates, and our and their directors, officers, employees, partners, and agents (together, the “Spinpost parties”) from any claim, complaint, cause of action, controversy, dispute, or damages (together, “claim”), known and unknown, relating to, arising out of, or in any way connected with any such claim you have against any third-parties.
Your rights with respect to the Spinpost parties are not modified by the foregoing disclaimer if the laws of your country or territory of residence, applicable as a result of your use of our services, do not permit it. If you are a United States resident, you waive any rights you may have under California Civil Code 1542, or any other similar applicable statute or law of any other jurisdiction, which says that: a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.
Limitation Of Liability
The Spinpost parties will not be liable to you for any lost profits or consequential, special, punitive, indirect, or incidental damages relating to, arising out of, or in any way in connection with our terms, us, or our services (however caused and on any theory of liability, including negligence), even if the Spinpost parties have been advised of the possibility of such damages.
Our aggregate liability relating to, arising out of, or in any way in connection with our terms, us, or our services will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations set forth above may not apply to you. Notwithstanding anything to the contrary in our terms, in such cases, the liability of Spinpost parties will be limited to the fullest extent permitted by applicable law.
If anyone brings a claim ("Third-Party Claim") against us related to your actions, information, or content on Spinpost, or any other use of our Services by you, you will, to the maximum extent permitted by applicable law, indemnify, and hold the Spinpost Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information and content provided in connection therewith; (b) your breach of our Terms or applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third-Party Claim. Your rights with respect to Spinpost are not modified by the foregoing indemnification if the laws of your country or territory of residence, applicable as a result of your use of our Services, do not permit it.
You agree that any claim or cause of action you have against Spinpost relating to, arising out of, or in any way in connection with our Terms or our Services, and for any claim or cause of action that Spinpost files against you, you and Spinpost agree that any such claim or cause of action (each, a “Dispute,” and together, “Disputes”) will be resolved exclusively in the United States District Court for the Northern District of California or a state court located in San Mateo County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or cause of action, and the laws of the State of California will govern any such claim or cause of action without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you that is not subject to arbitration in any competent court in the country in which you reside that has jurisdiction over the Dispute.
The laws of the State of California govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between Spinpost and you, without regard to conflict of law provisions.
These terms also limit the time you have to bring a claim or dispute, including the time to start arbitration or, if permissible, a court action or small claims proceeding to the fullest extent permitted by applicable law.
We and you agree that for any Dispute (except for the Excluded Disputes defined below) we and you must bring Claims (including commencing an arbitration proceeding) within one year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not bring a Claim (including commencing an arbitration) within one year after the Dispute first arose, then the arbitration will be dismissed because it was started too late.
Availability And Termination Of Our Services
We are always improving our Services and creating new ones. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms and we may also suspend or stop the Services altogether. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Events beyond our control may affect our Services, such as events in nature and other force majeure events. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.
Although we hope you remain a Spinpost user, you can terminate your relationship with Spinpost anytime for any reason by deleting your account.
We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our users, or others. We may also disable or delete your account if it does not become active after account registration or if it remains inactive for an extended period of time. The following provisions will survive any termination of your relationship with Spinpost: “Licenses,” “Disclaimers and Release,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and termination of our services,” “Other,” and “Special Arbitration Provision for United States or Canada users.”
Unless there is a mutually executed agreement between you and us States otherwise, our Terms make up the entire agreement between you and us regarding Spinpost and our Services and supersede any prior agreements.
We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).
Our Services are not intended for distribution to or use in any Country or territory where such distribution or use would violate local law or would subject us to any regulations in another Country or territory. We reserve the right to limit our Services in any Country or territory.
You will comply with all applicable United States and non-United States export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, territory, or country prohibited by Export Laws; (b) to anyone on United States or non-United States government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country or territory, if you are currently listed on any United States or non-United States restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
Our Terms are written in English (United States). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls. Any amendment to or waiver proposed by you of our Terms requires our express consent.
We may amend or update these Terms. We will provide you notice of material amendments to our Terms, as appropriate, and update the “Last modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. We hope you will continue using our Services, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third-party. We hope you will continue using our Services, but if you do not agree to such an assignment, you must stop using our Services by deleting your account after having been notified of the assignment.
You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
Nothing in our Terms will prevent us from complying with the law.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable then it shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract.
We always appreciate your feedback or other suggestions about Spinpost and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any restriction or obligation to compensate you for them.
Special arbitration provision for United States or Canada users
Please read this section carefully because it contains additional provisions applicable only to our United States and Canada users.
If you are a Spinpost user located in the United States or Canada, you and we agree to submit all disputes to binding individual arbitration, except for those that involve intellectual property disputes and except those that can be brought in small claims court. This means you waive your right to have such disputes resolved in court by a judge or jury.
Finally, you may bring a claim only on your own behalf, and not on behalf of any official or other person, or class of people. You waive your right to participate in, or have your Dispute heard and resolved as, a class action, a class arbitration, or a representative action.
“Excluded Dispute” means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents) or efforts to interfere with our Services or engage with our Services in unauthorized ways (for example, automated ways). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
Agreement to arbitrate for Spinpost users located in the United States or Canada.
For Spinpost users who live in the United States or Canada, Spinpost and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. Spinpost and you agree that all Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity, will be resolved through final and binding arbitration. Spinpost and you agree not to combine a Dispute that is subject to arbitration under our Terms with a Dispute that is not eligible for arbitration under our Terms.
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your (a) name; (b) residence address; (c) username; (d) email address or phone number you use for your Spinpost account; (e) a detailed description of the dispute; and (f) the relief you seek. Any Notice of Dispute you send to us should be mailed to Spinit, Inc., Before we commence arbitration, we will send you a Notice of Dispute to the email address you provide, or other appropriate means. If we are unable to resolve a dispute within sixty (60) days after the Notice of Dispute is received, you or we may commence arbitration.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the “AAA Rules”). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. Issues relating to the scope and enforceability of the arbitration provision are for a court to decide. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.
Opt-Out Procedure. You may opt out of this agreement to arbitrate. If you do so, neither we nor you can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the later of: (a) the date that you first accepted our Terms; and (b) the date you became subject to this arbitration provision.
You must include: (i) your name and residence address; (ii) the mobile phone number associated with your account; and (iii) a clear statement that you want to opt out of our Terms’ agreement to arbitrate.
Small Claims Court. As an alternative to arbitration, if permitted by your local “small claims” court’s rules, you may bring your Dispute in your local “small claims” court, as long as the matter advances on an individual (non-class) basis.
No class actions, class arbitrations, or representative actions for users located in the United States or Canada. We and you each agree that if you are a Spinpost user located in the United States or Canada, each of we and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute. If there is a final judicial determination that any particular Dispute (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that Dispute (or only that request for relief) may be brought in court. All other Disputes (or requests for relief) remain subject to this provision.
Place to file permitted Court Actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute.
If our Terms are not available in the language you select, we will default to the English version.
If you are a Spinpost user located in the United States or Canada, our terms contain a binding arbitration provision, which states that, except if you opt out and except for certain types of disputes, Spinpost and you agree to resolve all disputes (defined below) through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
Please read the “Special Arbitration Provision for United States or Canada users” section below to learn more.
Spinit Inc. is established at 1209 Orange Street, Wilmington, Delaware 19801.