SPINNUP ACCEPTABLE USE POLICY
This acceptable use policy (“Acceptable Use Policy”) together with the Website Terms and Conditions and Services Terms and Conditions sets out the terms between you and us under which you may access our website www.spinnup.com and all subsites (including Artist subsites), domains and sub-domains within it (“Website”) and use our Services (as defined in our Services Terms and Conditions). This Acceptable Use Policy applies to all users of the Services and visitors to our Website.
1. Who we are and how to contact us
www.spinnup.com is a website operated by Spinnup Services B.V. whose registered address is Gravelandseweg 80, 1217 EW Hilversum, Netherlands (Chamber of Commerce number: 60386304, and VAT number NL8538.87.834.B01) (“Spinnup“, “us”, “we” and “our”).
You can contact us by writing to us at support@spinnup.com . Helpful guides and FAQs about Spinnup can also be found at the Spinnup Help Centre on our Website.
2. What is in these terms
These terms set out the content standards that apply when you upload content to our Website, use our Services, link to our Website, or interact with our Website or its users in any way.
3. By using our Website you accept these terms
Your use of our Website and our Services means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Website Terms and Conditions and Services Terms and Conditions. Please read the terms of this policy carefully before using the Website or Services. If you do not agree to these terms, you must not use our Website or our Services. We recommend that you print a copy of these terms for future reference.
4. Changes to the Acceptable Use Policy
We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
5. Prohibited uses
You may use our Website and our Services only for lawful purposes. You may not use our Website or our Services:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (set out below) and/or our Services Terms and Conditions and/or our Website Terms and Conditions.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our Website or another website or software used in provision of our Services in contravention of the provisions of our Services Terms and Conditions and/or our Website Terms and Conditions.
• Not to access without authority, interfere with, damage or disrupt:
o any part of our Website or another website or software used in provision of our Services;
o any equipment or network on which any of the foregoing is stored;
o any software used in the provision of our Website; or
o any equipment or network or software owned or used by any third party.
6. Interactive services
We may from time to time provide interactive services on our Website, including, without limitation:
• Messaging;
• Commenting; and/or
• Bulletin boards,
(“Interactive Services”).
Where we do provide any Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Services provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by a user in contravention of our Content Standards, whether the service is moderated or not.
The use of any of our Interactive Services by a minor is subject to the consent of their parent or legal guardian. We advise parents and legal guardians who permit their children to use any Interactive Services that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any Interactive Services should be made aware of the potential risks to them.
Where we do moderate any of the Interactive Services, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
7. Content standards
These content standards apply to any and all material which you contribute to our Website (“Contributions”), and to any Interactive Services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in England and Wales and in any country from which
they are posted.
Contributions as well as any Materials (as defined in the Services Terms and Conditions you submit to us must not:
• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or
inflammatory.
• Promote sexually explicit material.
• Promote child sexual abuse material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age.
• Infringe any copyright, database right, trade mark or other proprietary rights of any other person.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal activity.
• Be in contempt of court.
• Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us or that they are endorsed by us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any service or web links to other sites.
8. Suspension and termination
We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Website or our Services. When we consider that a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Website Terms and Conditions and Services Terms and Conditions (upon which you are permitted to use our Website and our Services), and may result in our taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our Website and/or our Services.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our Website or any Materials submitted to the Services.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs and expenses) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Acceptable Use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
9. Which country’s laws apply
Please note that this Acceptable Use Policy, its subject matter and its formation, is governed by English law. However, if you are a consumer, you will still benefit from any mandatory provisions of the law of the country in which you usually reside and nothing in this Acceptable Use Policy, including the foregoing sentence, affects your rights as a consumer to rely on such mandatory provisions of local law.
In the event of a dispute between the Parties arising out of this Acceptable Use Policy, you and we undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration. Any dispute arising out of or in connection with this Acceptable Use Policy, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator to be selected by mutual agreement of the parties acting reasonably. The language of the arbitration shall be English.