Terms & Condition
1.Welcome to Spin My Planet!
A "spin" is 2-25 photo frames, showcasing people, places and products. A user activates the spin using a simple swipe of a finger; for epic slow motion, standard rate, or fast playback in an enjoyable loop that progressively reduces speed. The photo app itself features capture mode; including burst, flash and ghost options, a global feed, as well as a spin bin, which allows users to find and share their creations. In addition to posting spins within the social network, users are able to share their spins via text message and email, share their spins on other social media platforms, and even embed spins directly on their blog or website.The Service also provides an online social marketplace where Users can list and sell items (“Items”). Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. Users may be both Buyers and Sellers on the Service. In using the Service Buyers and Sellers enter into a contract for the sale and purchase of Items directly between themselves, and Spin My Planet, is not a party to such sale or purchase. There are risks that you assume when dealing with others, and these risks are borne by You alone, and not Spin My Planet,. You are solely responsible for your evaluation of, and decision to use, the Service, Buy, Sell, or transact any business or communications on the Service, and will be liable for all of Your actions on the Service.
2. Spin My Planet service.
Spin My Planet will provide the service to you. Your rights to use the service are non-exclusive and non-transferable. You may use the service only for your own benefit to provide images in connection with your service offerings. Spin My Planet will use all possible efforts to make the service available on 24 hours a day and 365 days a year basis, except due to maintenance or Force Majeure events.
Spin My Planet may from time to time modify the service, add, change, or delete features of the Service in its discretion, without notice to you. Your continued use of the service after such changes to the service constitutes your acceptance of these changes. Spin My Planet will use commercially reasonable efforts to post information on the site regarding the changes.
You warrant that all user and other account information provided to Spin My Planet by you, whether for purposes of obtaining a user name and password or otherwise, will be accurate and complete. You further acknowledge that you are responsible for all use of the service made using your user name and password, maintaining the confidentiality of your user name and password. Only one individual may access the service at the same time using the same user name and password. You agree to notify Spin My Planet immediately of any unauthorized use of your email address, user name or password, or any other breach of security regarding the service.
You must be 13 years or older to register the service.
You agree to upload your content to the service in accordance with this agreement and all instructions provided on the site. You represent and warrant that the content and your service offerings are owned by you, do not infringe or misappropriate any copyright, trademark, trade secret or other intellectual property right, do not violate any person's right of privacy or publicity, do not contain any unlawful, obscene, pornographic, racist, defamatory or libelous material, do not contain any viruses, trojan horses, spyware, adware, spam, or similar deceptive or destructive code, do not violate any law, rule or regulation and to the best of your knowledge, are accurate and complete. You also represent and warrant that your disclosure of the content is not in breach of any obligation of confidentiality that you have to any other person or organization. You are solely responsible for the content and acknowledge that Spin My Planet has no responsibility to review or monitor any content.
4. Proprietary rights
Spin My Planet does not claim any ownership rights in the text, images, photos, sounds, works of authorship, collectively, content that you post through the Spin My Planet services. You retain ownership of your content and your service offerings.
You hereby grant Spin My Planet a perpetual, royalty-free, worldwide, transferable, non-exclusive license to copy, use, distribute, disclose, publicly display, and publicly perform your content in connection with delivering and promoting the service in any and all formats and platforms, including making content publicly available on web sites controlled by Spin My Planet and for other marketing purposes. You agree that Spin My Planet may make minor modifications to the content to meet platform and other technical requirements Your notice of claim of copyright infringement should be sent by an email to email@example.com with a full description and contact information.
You agree that Spin My Planet and its licensors own all intellectual property rights in and to the service and the site, including but not limited to the look and feel, structure, organization, design, algorithms, templates, data models, logic flow, text, graphics, logos, and screen displays associated therewith. You will not reverse engineer, decompile or disassemble the software, or otherwise attempt to reconstruct or discover the source code for the software. You further agree not to resell, lease, assign, distribute, time share or otherwise commercially exploit or make the service available to any third party for such third party's benefit
5. Service restrictions.
6. Term and termination
This Agreement will continue until terminated. Either party may terminate this agreement upon Twenty one (21) days prior written notice with or without cause. If you breach this agreement, Spin My Planet may in its discretion terminate or suspend your use of the service, with or without notice to you.
Spin My Planet does not warrant that the service will operate without interruption or error-free, or that the service will be totally secure. To the extent that data is being transmitted over the Internet hereunder, you acknowledge that Spin My Planet has no control over the functioning of the Internet, and Spin My Planet makes no representations or warranties of any kind regarding the performance of the Internet. You shall be solely responsible for your use of the Service. (The service may contain features, functionality and information that are provided through or by third-party content, software, web sites, and/or systems. Your use and access of these features and functionalities are subject to the terms published, or otherwise made available by the third-party providers.)
You, at your expense, shall indemnify, defend and hold Spin My Planet and its officers, directors, advisers, owners, employees, and affiliates harmless from and against all liability, damages, injuries, losses, costs and expenses (including attorney's fees) arising out of or relating to your use of the service, including but not limited to liability, damages, injuries, losses, costs and expenses arising from any claims relating to your breach of any representations, warranties, or covenants in this agreement, your compliance with applicable laws and regulations, and the content that you upload.
Spin My Planet shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to war, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, acts of terrorism, accident, fire, explosion, flood, hurricane, severe weather or other act of God, failure of telecommunication or internet service providers.
Spin My Planet reserves the right, in its sole discretion, to modify or change this agreement at any time by posting the changes to the site. Your continued use of the Site or Service following the posting of such changes constitutes acceptance of those changes. Please contact Spin My Planet at firstname.lastname@example.org if you have any questions about this agreement.
There are many different ways you can use our Services – to upload spins and pictures, to view others spins and pictures and to engage with other users of our Services. As you use our Services, we want you to be clear how we're using information and the ways in which you can protect your privacy.
11.1 Information we collect
We collect information to provide better Services to all of our Users. We collect information in two ways:
- Information you give us. When you open an account with Spin My Planet, we'll ask for personal information, like your name, email address or telephone number.
- Information we get from your use of our Services. We collect information about the Services that you use and how you use them. This information includes:
- Device Information. We collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number).
- Log information. When you use our Services, we automatically collect and store certain information in server logs. This includes:
- Details of how you used our service, such as your search queries.
- Internet protocol address.
- Device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
- Cookies that may uniquely identify your browser or your account.
- Location information. When you use our Services, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide Spin My Planet with information on nearby devices.
- Unique application numbers. Our Services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us when you install or uninstall that service or when that service periodically contacts our servers, such as for automatic updates.
- Local storage. We may collect and store information (including personal information) locally on your device using mechanisms.
11.2 How we use information we collect
11.3 Information you share
Our Services let you share information with others. Remember that when you share information publicly, it may be index able by search engines. Our Services provide you with different options on sharing and removing your content. You always have the ability to designate whether any of the spins that you post will be private (only viewable by you) or public (viewable by everybody and usable by us on our main wall).
11.4 Accessing and updating your personal information
Whenever you use our Services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it - unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems). Where we can provide information access and correction, we will do so for free, except where it would require a disproportionate effort. We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
11.5 Information we share
We may share your information with our partners and clients with your consent.
Meet any applicable law, regulation, legal process or enforceable governmental request.
Enforce applicable Terms of Service, including investigation of potential violations.
Detect, prevent, or otherwise address fraud, security or technical issues.
Protect against harm to the rights, property or safety of Spin My Planet, our users or the public as required or permitted by law.
11.7 Compliance and cooperation with regulatory authorities
12. Purchase and Sale Transactions
- Risks, No Warranty. You assume certain risks in using a marketplace service such as Spin My Planet is not involved with, nor provides a warranty for, any transaction between Buyer and Seller, nor has title to any Items, and is not the Buyer or Seller in any transaction. You as a Buyer and/or Seller assume, agreement, and understand You bear all of the risks in selling or purchasing of items on the Service.
- Fees. Registering for the Service is free, however, Spin My Planet charges certain fees for various transactions through Your use of the Service as set forth in the Fee Policy. All amounts are quoted in US dollars unless otherwise stated.
- Prohibited items.
Spin My Planet prohibits the listing or sale of any Item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including, without limitation, Items listed in our Prohibited Items Policy.Spin My Planet prohibits the listing or sale of counterfeit items.Please refer to our Posh Authenticate policy for further information.
- Sellers. You agree that You have all rights necessary to sell the Items you make available, and will describe such Items truthfully, accurately, and completely.
- Buyers. You are solely responsible for reading and reviewing the Item listing before making an offer or purchasing. The contract to purchase is between You and the Seller, not Spin My Planet.
- Purchases. Buyers may offer to purchase Items from Sellers, and once accepted, this is considered a purchase, and a binding contract. Service includes pricing, listing, and shipping assistance, but Spin My planet is not a Buyer or Seller of Items. Spin My Planet may delay any Purchase for purposes of fraud detection or to protect users from other illegal or wrongful activities. All Purchases are final, with no returns, refunds, cancellations, or retractions allowed, except where (a) Buyer cancels an order within three (2) hours of purchase, or (b) the Purchase is cancelled where explicitly permitted by Spin My Planet or where applicable, a Seller.
Seller must deliver Item to Buyer. Seller must ship Item within three (3) days if Seller does not ship the Item We will notify Seller and provide a set amount of time for shipping before the order will be cancelled. Must comply with all terms and comply with all conditions of the shipping carrier. Title transfers to Buyer upon shipment. If an Item is lost, damaged, or arrives not as expected to Buyer, Buyer must report issue to Spin My Planet three (3) days after delivery. Spin My planets commission, and any applicable fees (the “Funds”) set forth in our Fee Policy. Funds may be redeemed by Seller through Spin My planet permitted third party payment provider(s),
Taxes. Purchased items may be subject to applicable taxes in your jurisdiction, Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase. Although we may assess taxes upon purchase or sale You are ultimately responsible for the verification and reporting of any and all applicable taxes to the appropriate tax authorities, including instances where Spin My planet does not collect taxes on your behalf.
- Payments. Buyers may pay for Items using payment methods approved by Spin My Planet.
- Fee Modifications.
We may change or discontinue, temporarily or permanently, some or all fees for the Service.
- Shipping Costs. Buyers are responsible for any shipping costs (as detailed in the Fee Policy) incurred with respect to their purchased Item.
- Returns. Spin My Planet, may allow you to return an Item in limited circumstances. If the Item you receive is not as described on the Service, then you may request a return by reporting the issue through the Service or by emailing email@example.com in each case within three days after delivery (as determined by the tracking information on the Label) of the Item.