Terms of Service


This is a legal agreement between you, (the user), and Spyk Software Pty Ltd ("Spyk"), and governs the terms and conditions of your use of Spyk Products (as defined below) and any updates that may be provided. This Agreement, along with any written documentation expressly incorporated herein by reference and published from time to time by Spyk (collectively, the "Agreement"), constitutes the entire agreement between Spyk and you regarding Spyk Products, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.


Definition of Terms

  1. Spyk, Inc. is referred to herein as "Spyk," "we," "us," or "our."
  2. You, as the user, are referred to herein as "you," "user," or "customer."
  3. Spyk software (whether preinstalled, on a medium, or offered by download), Spyk services, Spyk websites (including, without limitation, www.gomi.com www.Spyk.com) and all other software, features, tools, websites, documentation and services provided by Spyk, Inc. are referred to herein as “Spyk Products”, “Products”, “Software” or “Services”.
  4. Access, installation, usage, and/or registration of Spyk Products are referred to herein as “use” or “usage”.


To Use Spyk Products You Must Agree to these Terms of Service

By using a Spyk Product, you agree to these terms and conditions ("Terms of Service") and the Spyk Privacy Policy. Each time you use a Spyk Product, you reaffirm your acceptance of the then-current Terms of Service. If you do not wish to be bound by these Terms of Service, you may discontinue using the Spyk Products. You cannot use Spyk Products until you have accepted these Terms of Service. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Service.


Applicable Law

The site (excluding any linked third party sites) is controlled by Spyk. By accessing this site, you accept that any disputes about this site or the Products are to be determined by the courts having jurisdiction in New South Wales, Australia in accordance with the laws in force in New South Wales, Australia (subject to the application of any principle of conflict of laws inconsistent with this requirement). This site may be accessed throughout Australia and overseas. Spyk makes no representation that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.


Intellectual Property Rights

The Gomi website, except all user submissions (as defined below), including without limitation, the text, software, visuals, sounds, music, videos, interactive features and the like ("spyk content") and the trademarks, service marks and logos contained therein ("marks"), are owned by or licensed to Spyk. You may not use, copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit them for any other purposes without the prior written consent of their respective owners.


User Submissions

Spyk allows its users to submit video or other material and the hosting, encoding and/or publishing of such submissions (“user content” or “submissions”). You shall be solely responsible for your own submissions and the consequences of posting or publishing them.
In connection with your submissions, you affirm/warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Spyk to use all patent, trademark, trade secret, copyright or other proprietary rights in and to all submissions to enable inclusion and use of the submissions in the manner contemplated by these terms of service. You retain all of your ownership rights in your submissions.
Spyk does not endorse any user submission, and expressly disclaims any and all liability in connection with user submissions.

You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "user content") that:
  • Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
  • Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
  • Exploits minors;
  • Depicts unlawful acts or extreme violence;
  • Depicts animal cruelty or extreme violence towards animals;
  • Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or
  • Violates any law.

Content license from you

You grant to Spyk a worldwide, royalty-free, non-exclusive, sublicensable right and license to use, copy, and modify your content as necessary to perform the Services. You acknowledge that Spyk may compile certain general information related to the use of the Services. You agree that Spyk is authorized to use, reproduce and generally make such information available to third parties in the aggregate, provided that such information shall not include personally identifiable information of users of the Service or be attributable to You.
Spyk shall have the right to list and name You as a customer.
You understand that Spyk, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content for the delivery of the services. You agree that this license shall permit Spyk to take these actions.
You confirm and warrant to Spyk that you have all the rights, power and authority necessary to grant the above license.


Acceptable Use

You are solely responsible for your conduct and your data related to the Service. You use of the service must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.
You agree to defend, indemnify and hold harmless Spyk, its vendors, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Spyk Products.
Spyk reserves the right to terminate or suspend accounts of users who violate these Terms of Service or who Spyk deems, in its sole discretion, to be “abusers.” Such users may be notified prior to suspension or termination of their accounts; however, Spyk is not required to provide prior notice. Any failure by Spyk to enforce this policy will not preclude us from enforcing it at anytime in the future, whether for past or current violations.


Restrictions on Use of Products

You may access Spyk Products only through the interfaces and protocols provided or authorized by Spyk. You agree that you will not access Spyk Products through unauthorized means.
You agree not to attempt to circumvent these limitations in any way.


Third Party Sites

This site contains links to third party sites. Spyk is not responsible for the condition or the content of those sites. The link (s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site (s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. If you access other content or services from third party sites, Spyk is not responsible for your compliance with local laws or other applicable laws.


Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Spyk for all activities that occur under your account. If you lose your password or the encryption key for your account, you may not be able to access your Data. If you become aware of any unauthorized use of your password or of your account, you agree to notify Spyk immediately.


Equipment

You are responsible for obtaining your own Internet access, such as maintaining all telephone, internet connections, computer hardware and other equipment or services needed to use the Spyk Products. Any charges incurred by you to access Spyk Products are your responsibility.


Unsolicited Idea Submissions

Spyk or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Spyk or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Spyk’s products or marketing strategies might seem similar to ideas submitted to Spyk. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions. You agree that: (1) your submissions and their contents will automatically become the property of Spyk, without any compensation to you; (2) Spyk may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Spyk to review the submission; and (4) there is no obligation to keep any submissions confidential.


Third party royalties.

Your further use, transmission, broadcast, display or other distribution of encoded media following Spyk’s performance of the Services may require that you obtain a license from and/or pay royalties to the owners of certain third party audio and video formats. You are solely responsible for obtaining such licenses and paying such royalties.


Changes and Cancellation

Spyk may at any time, without notice or liability, change or eliminate the Services or the content contained therein, or restrict use of any portion of the Services, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Spyk may at any time, in its sole discretion, cancel or suspend the Services for any reason, including without limitation the existence of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of the Services.


Reservation of Rights

Spyk reserves the right to refuse access to the Services for any reason.


DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND SPYK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPYK DOES NOT WARRANT OR GUARANTEE THAT (1) THE SERVICES ARE COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; (4) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN THE SERVICES WILL NOT CONTAIN DEFAMATORY OR ADULT-ORIENTED MATERIAL, OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (5) THE FUNCTIONS OR SERVICES SPYK PERFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SPYK IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SERVICES, AND IT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THESE SERVICES.


LIMITATION OF LIABILITY

SPYK'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SPYK (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SPYK PRODUCTS) IS TO DISCONTINUE YOUR USE OF THE SPYK PRODUCTS. SPYK AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY DAMAGE, OR ANY OTHER CLAIM RELATED IN ANY WAY FROM YOUR USE OF SPYK PRODUCTS. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SPYK HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SPYK AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


Changes to this Agreement

You agree that we may amend the terms and conditions of this Agreement, or any policy or other terms referenced in this Agreement (“Additional Policies”) at any time by posting a revised version of the Agreement or Additional Policy on the Spyk Site. Any revised terms will become effective fifteen (15) days after we post them to the Spyk Site or, if we provide you a click-through or other means of accepting the revised terms, upon your acceptance. By continuing to use the Services after the revised terms become effective, you agree to be bound to the revised terms.
If any provision or part of any provision contained in this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions or portions thereof, will not be in any way affected or impaired thereby.