Terms and Conditions
Last modified May 17, 2021
Parties
- SOCIALLY WORTH IT PTY LTD ACN 643588238 (“SOCIALLY WORTH IT); AND
- YOU, A USER OF SOCIALLY WORTH IT SERVICES AND LICENSEE OF THE SOCIALLY WORTH IT APP (“YOU”, “YOUR”, “CUSTOMER”, “CONTRIBUTOR”)
1. Definitions
Please review this End User License Agreement (EULA), the “Agreement” carefully.
Wherever used in this Agreement, “You”, “Your”, “Customer”, “Contributor”, and similar terms mean the person, company, or legal entity accessing or using Socially Worth It.
“Services” means any Socially Worth It website, mobile apps, widgets, APIs, emails, and related domains operated by Us.
“Content” means anything that is published, or made available by You while using our Services. This is a generic term that means all information and data (such as text, images, photos, graphics, videos, audio, links, and documents) in any format that is uploaded to, downloaded from, or appears on Our Services.
“Points” means Socially Worth It Loyalty Points. These are given to You when you interact and contribute to Our Services in certain ways.
By accessing or using the Services offered by Socially Worth It (“Our”, “We” or “Us”), You are confirming that You have read, understand, and accept this Agreement. This Agreement can be updated from time to time in accordance with Section 14.
Headings used in this Agreement are for reference and do not affect the interpretation of this Agreement.
2. Your access to the Services
You cannot use our Services if You are under the age of thirteen, had Your account previously disabled or deleted for breaching this Agreement, our Terms or Policies, or if You are a convicted sex offender.
If You are entering into this Agreement on behalf of Your business, organisation, department, educational institution, or agency, You certify that You have the right and authority to legally bind such entity or organisation to this Agreement.
3. Your use of the Services
Socially Worth It grants You a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by this Agreement. We reserve all rights not expressly granted to You by this Agreement.
4. Intellectual property
We ask You to respect Our intellectual property rights, as We respect the intellectual property rights of others. If You believe content located on Our Services violates your copyright, You are encouraged to notify Us. We will respond to all such notices, including as required by removing the infringing content.
5. Your account and Your account security
We want Socially Worth It to be a place where people share thoughts and other informative Content, but most of all We want people to feel happy and safe.
You must not describe or assign keywords to Your profile or Content that is unlawful, or misleading, including in a manner intended to trade on the name or reputation of others.
We reserve the right to modify or remove any description or keyword that We consider inappropriate, misleading, or unlawful.
If it is determined You have, or repeatedly have breached this Agreement, Our Terms of Service, or User Etiquette Guidelines We may suspend, modify, disable or delete Your account with, or without notice. In the case of such suspension or termination, We will have no obligation to provide a refund of any amounts previously paid to Us or any Points accrued by You.
You must immediately notify Us of any unauthorised uses of Your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under Your account and any other actions taken in connection with Your account.
You must never share your account password, and You must ensure You always use a strong password.
You must never create accounts by automated means or under false or fraudulent pretenses.
6. Limitation of liability
Our Services are provided “as is” and We cannot guarantee that they will always be continuous, uninterrupted, safe, secure, or error-free.
We have not reviewed, and cannot review all of the Content on our Services, and cannot, therefore, be responsible for its accuracy, completeness, use, or effects.
It is Your responsibility to take all precautions as necessary to protect yourself and Your computer systems from viruses, worms, Trojan horses, malware, and any other harmful or destructive content. It is Your responsibility to maintain an appropriate alternate backup of all Your Content, images, information, and data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect Your computer equipment, computer programs, data, or other proprietary material due to Your use of Our Service or to Your downloading of any material on it, or on any website linked to it.
We cannot control what others say or do, and We are not responsible for their actions or conduct (whether online or offline).
7. Things you cannot do
As a condition of Your use of Our Services You agree that You will not:
- Threaten anyone, incite violence towards individuals or entities;
- Name and shame individuals or businesses;
- Engage in any, or encourage others to engage, in any unlawful, fraudulent, dishonest acts or business practices;
- Misuse Our Services by introducing or distributing viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attempt to gain unauthorised access to Our Services, the server on which the Services is stored, or any server, computer, or database connected to the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
- Use any robot spiders, scrapers, or any other automated means to collect content or data from Our Services for any purpose whatsoever;
- Not impose or contribute to imposing an unreasonable load on Our infrastructure or interfere with the proper working of Our Services, or use any tool that interferes with the normal functioning of Our Services;
- Use coarse language;
- Publish any degrading Content about race, religion, identity, or sexual orientation;
- Distribute spam, machine or randomly-generated content, chain letters, unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material;
- Mislead people in a way that enables you to profit off tragic events, natural disasters, health or other public safety concerns;
- Promote pyramid (Multi-Level Marketing) or direct selling businesses;
- Promote online gambling (including virtual), online real money, games of skill, or online lotteries;
- Send unsolicited messages or emails to other users;
- Breach our User Etiquette guidelines.
8. Your Content
When You publish Content through Our Services, You grant Us a worldwide, royalty-free, irrevocable, and non-exclusive license to use, host, reproduce, modify, adapt, distribute, store, copy, publish, and display Your name, username, as well as Your voice provided in Your Content in all media formats solely for the purpose of promoting Our Services.
If you delete Content, We will use reasonable efforts to remove it from Our Services, but You acknowledge that caching, or references to it may not be made immediately unavailable, or at all.
We reserve the right (though not the obligation) to, refuse, or remove any Content that is reported by Socially Worth It users, or in Our reasonable opinion, violates this Agreement, or Our Policies, or is in any way harmful, objectionable, or controversial.
9. Content We do not accept
For us to be able to provide You with the best User experience possible, We need to have some restrictions on the type of Content We accept.
As a result, We do not accept anything that:
- Infringes any third party intellectual property, privacy or publicity rights, copyright or trademarks;
- Is defamatory, fraudulent, abusive, obscene, indecent, or discriminatory;
- Promotes pornographic material, relates to pornographic products or services, or contain nudity;
- Contains illegal products, illegal services, illegal drugs, prescription drugs, drug paraphernalia, tobacco or vaping related products or other associated Content;
- Allows others to personally identify someone, or shows other sensitive information;
- Includes animals for sale, re-homing, free, wanted, breeding, or neglect – however, RSPCA and other registered organisations Content is accepted;
- Includes weapons, ammunition, explosives, or graphic Content;
- Promotes cryptocurrency, virtual currencies, Blockchain and associated technologies or services;
- Promotes weight loss products or services, cosmetic or medical procedures;
- Contains anything that might be considered political advertising (voting or election-related).
10. How We fund Our Services
Like many other online platforms, We display advertisements on Our Services to generate revenue. Some of Our ad placement locations include Activity Feeds, Group Profile images, Sidebars, and Group Cover images.
11. Advertising
Advertising payments for Socially Worth It marketing are non-refundable, and We do not issue pro-rata refunds for fees paid in advance. Once a payment or deposit is made by You it is applied to costs immediately incurred by Us in initiating services.
Before Ads display on Socially Worth It, they are reviewed to make sure they meet Our Terms of Service. This process can take up to 24 hours. Once Your Ad is approved You will receive an email to advise You it’s approved.
If Your Ad isn’t approved, We will send You an email to let You know why. Following that, You can make the necessary edits and resubmit it for another review. This process will be done via email, using the email address You provided when You submitted Your Ad.
12. Socially Worth Its' relationship with You
You acknowledge that We may terminate Your account (which is separate from a Community Manager’s right to terminate Your Community membership), and remove Your Data, Content, and Community Member Data, as well as disable or limit Your access to any and all Communities, and the Services, in accordance with the terms of this Agreement, and Our User Etiquette guidelines.
If You are a Community Member, You acknowledge that nothing in any agreement (or related policies) You may be subject to with any Community Manager or other party will alter, impair, supersede, amend or otherwise affect in any way any terms of this Agreement, Socially Worth Its’ Privacy Policy, or Our User Etiquette guidelines.
13. Indemnity
You agree to indemnify, defend, and hold harmless Socially Worth It, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable legal fees) arising out of or relating to:
- Your Code, Your Content or Your Community;
- Your use of any non-Socially Worth It code or Third Party Applications;
- Your use or misuse of, or connection to Our Services;
- Your breach or alleged breach of this Agreement;
- Your violation of any rights (including intellectual property rights) of a third party;
- Your use or misuse of any User data (including Member Data and Community Member Data), including, in violation of our Privacy Policy;
- Your breach or alleged breach of any agreement or policy between You and other users.
14. Right to modification
Socially Worth It reserves the right to modify or amend this Agreement at any time.
It is Your responsibility to check this Agreement periodically for changes.
We may also, in the future, offer new Services and or features through our Services (including, the release of new tools and resources). Such new features and or Services shall be subject to the terms of this Agreement.
Your continued use of Our Services after any change to this Agreement will constitute your acceptance of such change.
When We modify this Agreement, We will update the “Last Modified” date.
15. Governing law and jurisdiction
This Agreement is governed by the laws in force in the Australian Capital Territory and the parties submit exclusive jurisdiction to the Supreme Court of the Australian Capital Territory.
