Last Updated Date: 23 October 2014
This agreement (“Agreement”) creates a binding legal obligation between you and Octosocial Labs Pty Ltd (“Octosocial Labs“, “Octosocial” or “we“), a NSW, Australia company, which may be contacted at firstname.lastname@example.org or by mail at PO Box 126, Petersham, NSW 2049, Australia. By accessing the Octosocial Labs website, located at www.octosocial.com (the “Site”), and where applicable, receiving or registering to use any of the Services (as defined below), you become a user and agree to, and are bound by, the terms and conditions of this Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES.
Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
Services. Octosocial Labs offers a range of social networking services which enables its users to create profiles and to communicate with other users. These Services may help users make new friends in both virtual and the physical world. These services are provided as different applications, in both the website or as mobile applications. Octosocial Labs may offer additional services or revise any of the current services (collectively, the “Services”), at its discretion and with or without notice, and this Agreement will apply to all additional services or revised Services. Octosocial Labs also reserves the right to cease offering any of the Services at any time without prior notice.
This Agreement is subject to change by Octosocial Labs in its sole discretion at any time, with or without notice. Your continued use of this Site or any of its services after the posting of changes to this Agreement will constitute your acceptance of such changes. Please consult the end of this Agreement to determine when the Agreement was last revised.
You must be at least 13 years old to use the Site (or the age of majority in your jurisdiction, if it is older), and at least 18 years old (or the age of majority in your jurisdiction, if it is older) to register for the Services. By using any of our Services, you represent and warrant that you are at least 18 years old. Other Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof.
Use of Site and Services.
As a user of the Site, registered on not, you agree to the following:
Personal and exclusive use.
Your account is for your personal use only. You may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Octosocial Labs is not responsible for any loss incurred by you which arises as a result of third party access to your account that results from the sharing by you or the theft or misappropriation of your accounts.
You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Service; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with other Registered Users through the Services.
Risks of using the Website and Services.
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including subsequent in-person meetings of other Octosocial Labs users inclusive of other people users or not who participate in a meeting originally organised via the Services. You acknowledge that Octosocial Labs is unable to guarantee the accuracy of information provided to you by or about other Registered Users, and that Octosocial Labs is unable to confirm that any Registered User is who he or she claims to be. You agree to take all necessary precautions when communicating with or meeting individuals through our Services. You understand that Octosocial Labs makes no representations, warranties or guarantees, either express or implied, regarding your how ultimately people will befriend, and how long people will continue to be friends. You further understand that Octosocial Labs makes no representations, warranties or conditions, either express or implied, as to number or frequency of matches and meetings made available to you through the Services.
Reporting of Violations.
You will promptly report to Octosocial Labs of any violation of the Agreement by others, including but not limited to, Registered Users.
Octosocial Labs reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in any public areas of the Services. Octosocial Labs will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law, or the letter or spirit of this Agreement, or upon the reasonable request of any third party. Notwithstanding this right of Octosocial Labs, you remain solely responsible for the content of the materials you post.
Posting and Communication Restrictions.
In addition to the terms of this Agreement, you agree to not post onto the Site or the Services, transmit to other users, communicate any content (or links thereto), or otherwise engage in or encourage any activity when using the Site or the Services that:
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- is intended to or has the effect of harassing, threatening or intimidating any other users of the Site or Services;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, fraudulent or otherwise objectionable;
- contains content or links to content (including but not limited to music, movies, videos, photographs, images, software, etc.) that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity);
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- promotes or encourages illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain other people’s identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- is intended to or has the potential to defraud, swindle or deceive other users of the Services;
- contains viruses, time bombs, trojan horses, cancelbots, worms, restricted or hidden password protected pages or other harmful, or disruptive codes, components or devices;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- disseminates or otherwise discloses another person’s personal information without his or her prior permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- is intended to interfere with other users or potential user’s enjoyment of the Site or Services;
- impersonates, or otherwise misrepresents an affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any type of gambling, gaming or similar activity;
- uses scripts, bots or other automated technology to access the Site or Services;
- uses the Site or Services for chain letter, junk mail or ‘spam’ e-mails in contravention of the Spam Act 2003(Cth);
- collects or solicits personal information from anyone under age 18 or is otherwise predatory; or
- is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar unlawful activities;
- has the sole reason to make someone feel sad, and bad about themselves.
No False Information.
You must not knowingly provide inaccurate, misleading or false information to Octosocial Labs or to any other user. If information you provide to Octosocial Labs or another user of the Site subsequently becomes inaccurate, misleading or false, you must promptly notify Octosocial Labs of such change by making appropriate corrections.
No Advertising or Commercial Solicitation.
You must not advertise or solicit any user to buy or sell any products or services through the Site or Services. You must not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this clause and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Octosocial Labs. Without limiting Octosocial Labs’ other rights and as a reasonable estimation of such harm, you agree to pay Octosocial Labs $50 (AUD) for each such unsolicited commercial communication you send through the Services.
Unique and Bona Fide Profile.
As a Registered User, you will create only one unique profile. Your use of the Services must be for the intended purposes of the services. Your subscription may be terminated by Octosocial Labs if Octosocial Labs becomes aware you are using the Services for any other purpose. Not all users registered on the Services will be available and visible to other users. From time to time, Octosocial Labs may create test profiles in order to monitor the operation of the Services.
Ownership of Proprietary Information.
You acknowledge and agree that Octosocial Labs, its licensors and licensees own and retain all intellectual and other proprietary rights in the Site and the Services.
No Use of Proprietary Information.
You must not post, copy, modify, communicate, transmit, publish, perform, display, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) the Proprietary Information or (ii) other copyrighted material, trade-marks and other proprietary content accessible via the Site and the Services, without first obtaining the prior written consent of the owner of the proprietary rights.
Other Users’ Information.
Other Registered Users may post copyrighted content, which has copyright protection whether or not it is identified as copyrighted. Except for that content for which you have been given permission, you agree that you will not copy, modify, communicate, transmit, publish, perform, display, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any Octosocial or third party copyrighted content which is made available via the Services or the Site.
Grant of Licence.
By posting information or content to any profile pages or public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Octosocial Labs and its users, an irrevocable, perpetual, non-exclusive, fully-paid (and royalty free), worldwide licence to use, reproduce, communicate, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sub-licenses of the foregoing. You further waive any moral rights you may have in any such information or content. From time to time, we may create, test or implement new features or programs on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this clause in connection with the additional terms and conditions (if any) of such features or programs.
Disclosure By Law.
Octosocial Labs may disclose information you provide to other Registered Users in the course of providing you with the Services. You acknowledge and agree that Octosocial Labs may also disclose information you provide if required or permitted to do so by law, or if we, in our sole discretion, believe that disclosure is necessary to (1) comply with the law, requests or orders from law enforcement, or any legal process; (2) protect or defend Octosocial Labs’ rights; or (3) protect another person’s life, health or safety, such as when harm or violence against any person (including the user) is threatened.
Use of Anonymous Information for Research.
By using the Services, you agree to allow Octosocial Labs to use anonymised information from you and your experiences through the Services to continue Octosocial Labs’ research into friendship and to improve the Services. This research, conducted by research scientists, may be published in academic journals. However, all of your responses will be anonymous, and we will not publish research containing your personally identifiable information.
Facebook Account Information.
You represent that you are entitled to grant Octosocial Labs and its Services access to some of your Facebook information, without breach by you of any of the terms and conditions that govern your use of Facebook and without obligating Octosocial Labs to pay any fees or making Octosocial Labs subject to any usage limitations imposed by Facebook.
By granting Octosocial Labs access to your Facebook account, you understand that Octosocial Labs may access, make available and store (if applicable) any Content that you have provided (and explicitly allowed us to access) and stored in your Facebook Account so that it is available on and through Octosocial Labs and its services via your Account. Unless otherwise specified in these Terms, all Facebook content in which we are allow to access, if any, will be considered to be Member Content for all purposes of these Terms. Subject to Facebook’s privacy settings, personally identifiable information that you post on Facebook might be available on and through your Account on the Site and Services. Please note that if your Facebook Account or associated service becomes unavailable or Octosocial Labs’ access to Facebook is terminated, you will not be able to access the Octosocial Labs Services. That is, by disabling the Facebook integration with Octosocial Labs and its services, you will not be able to access your Octosocial Labs account. Please note that your relationship with Facebook is governed solely by your agreement with Facebook. Octosocial Labs makes no effort to review any content from your Facebook account, including but not limited to, for accuracy, legality or non-infringement and Octosocial Labs is not responsible for any Facebook Content.
This section will apply to the maximum extent permitted by applicable law. Octosocial Labs provides the services on an “as is” and “as available” basis and disclaims all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services or the Site (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership. To the extent Octosocial Labs is not permitted to exclude any implied warranties, our liability is limited (at our option) to (a) where the breach relates to goods, the repair or replacement of the goods, the supply of equivalent goods or the payment of the cost of repairing or replacing the goods or supplying equivalent goods; or (b) where the breach relates to the supply of a service, resupplying the service or payment of the cost of having the service resupplied. To the extent permitted by law, Octosocial Labs does not warrant that your use of the site or services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the site or services will be corrected. Octosocial Labs disclaims liability for, and no representation or warranty is made with respect to the connectivity and availability of the services.
Third party content.
Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by Octosocial Labs, are those of their respective authors (who may be other users) and should not necessarily be relied upon. Such authors are solely responsible for such content. Octosocial Labs does not guarantee the accuracy, completeness or suitability of any information provided on the Site or Services, nor adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than Octosocial Labs. Under no circumstances will Octosocial Labs be responsible for any claim, loss or damage resulting, directly or indirectly, from any person’s reliance on information or other content posted on the Site or Services, or transmitted to or by any users.
Limitation of Liability.
Limitation and Liquidated Damages.
To the extent permitted by law, in no event shall Octosocial Labs be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the site or services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if Octosocial Labs knows or has been advised of the possibility of such damages. Under no circumstances will Octosocial Labs’ aggregate liability, in any form of action whatsoever in connection with this agreement or the use of the services or the site, exceed the price paid by you for your account. Octosocial Labs shall not be responsible or liable for any damages or losses resulting from any correspondence or business dealings with third party advertisers or resulting from the presence of such advertisers on the Site or Services.
Octosocial Labs makes no attempt to verify the information given by its users, and the veracity of the information received when users login using their Facebook accounts. You acknowledge and agree that Octosocial Labs and its contractors make no representations or warranties as to the accuracy of that information and have no liability to you arising from any incorrectly verified information.
No Liability for Users of the Site.
Octosocial Labs makes no representations or warranties as to the conduct of such individuals or their compatibility with any current or future Registered Users. To the maximum extent permitted by law, in no event will Octosocial Labs be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site or Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Registered Users of the Services or persons introduced to you by the Services. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretences or who attempt to defraud or harm you.
You agree to indemnify, defend and hold harmless Octosocial Labs, its officers, directors, employees, agents and third parties, against any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of (a) your use of or inability to use the Site or Services, (b) any content posted by you, (c) your breach of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Octosocial Labs reserves the right, at its own expense, to defend any claims, proceedings, suits or actions and otherwise take control of any matter subject to the indemnity in this clause, in which event you will give to Octosocial Labs all assistance required by Octosocial Labs.
To contact us, including resolve a complaint regarding the Site or Service, you should first contact us by sending an email to email@example.com.
Communication and Privacy.
Termination and Suspension of Service.
Either you or Octosocial Labs may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Octosocial Labs reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time in our sole discretion. In the event your access to any of the Services is suspended or terminated due to a violation by you (determined by Octosocial Labs in its sole discretion) of the terms of this Agreement, you agree that all fees then paid to Octosocial Labs by you will be nonrefundable and all outstanding or pending payments will immediately be due and payable. You may terminate your account by writing us at firstname.lastname@example.org.
Law and Jurisdiction.
This Agreement is governed by the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia, and courts hearing appeals from those courts. Notwithstanding this, before resorting to any external dispute resolution mechanisms the parties agree to firstly attempt to settle any dispute arising out of or in connection with this Agreement, the Site or the Services by mediation. Nothing in this Agreement is intended to limit a party’s right to seek equitable relief (including urgent interlocutory relief) at any time.
- Unless otherwise expressly stated, the provisions of this Agreement will survive termination of your registration to the Services.
- The failure of Octosocial Labs to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
- If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
- To the maximum extent permitted by law, any claim or cause of action arising out of or related to the use of the Site, Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- The clause titles in this Agreement are for convenience only and have no legal or contractual effect.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify us by email@example.com
The Site or Services may contain links to third-party websites or resources. You acknowledge and agree that Octosocial Labs is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Octosocial Labs of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.