The web site located at spoon.com.au is an online service owned and operated by Spoon Media Pty Ltd (ABN 91 755 773 051) ('Spoon Media'). By using the Spoon Media hosting service (“Service”), you are agreeing to be bound by the following Terms of Service (“Terms of Service”).
Spoon Media reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.spoon.com.au/terms
- You must be 18 years or older to use this Service.
- You are responsible for maintaining the security of your account and password. Spoon Media cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You must not misrepresent yourself or take on the identity of someone else while using this Service.
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Account. While Spoon Media prohibits such conduct and Content on the Service, you understand and agree that Spoon Media cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Payment, Refunds, Upgrading and Downgrading Terms
The payment area of the Service is secure and uses industry standard Secure Socket Layer (SSL) technology and server certification to ensure secure transactions. Credit card information is passed directly to the card processing company and is never sent or stored on computers or servers owned or operated by Spoon Media. This means that any credit card information you provide is protected by encryption to prevent unauthorised access to your information. When you are protected by encryption you will see that the lock or key at the bottom of your browser changes colour or is no longer broken. This varies depending on your browser. You will also notice that the http in the url has changed to https (meaning a secure site).
- A valid credit card is required for paying accounts online. You may also make payment by cheque or bank deposit.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
A tax invoice will be issued once payment is successfully received. Access to the Service will be granted 12 -24 hours after payment is received. Confirmation of your account activation will be issued once access to the Service has been setup.
Cancellation and Termination
- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You are required to post or fax a written and signed order for the cancelation of your account to our head office. For our contact details please visit http://www.spoon.com.au/contact
- All of your Content (text and files) will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Spoon Media, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Spoon Media service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Spoon Media reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Spoon Media reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site.
- Spoon Media shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, if you or anyone else with an account under your account make any content public, you agree to allow others to view and share your Content.
- Spoon Media does not pre-screen Content, but Spoon Media and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The Service is copyright © 2005-2008 Spoon Media Pty Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Spoon Media.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Spoon Media uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Spoon Media, or any other Spoon Media service.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Spoon Media customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Spoon Media does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Spoon Media shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Spoon Media has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
- The failure of Spoon Media to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Spoon Media and govern your use of the Service, superceding any prior agreements between you and Spoon Media (including, but not limited to, any prior versions of the Terms of Service).