1. Rights and Responsibilities
This agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: 01 June 2016.
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with Spolib. By using or accessing Spolib, you agree to this Statement, as updated from time to time in accordance with Section 14 below. Additionally, you will find resources at the end of this document that help you understand how Spolib works.
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use Spolib to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on Spolib and you can control how it is shared through your settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Spolib (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Spolib, to access and use that information, and to associate it with you (i.e., your name and profile picture)
- We always appreciate your feedback or other suggestions about Spolib, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them)
We do our best to keep Spolib safe, but we cannot guarantee it. We need your help to keep Spolib safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Spolib.
- You will not collect users' content or information, or otherwise access Spolib, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Spolib
- You will not upload viruses or other malicious code
- You will not solicit login information or access an account belonging to someone else
- You will not bully, intimidate, or harass any user
- 7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- ou will follow all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Spolib.
- You will not use Spolib to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Spolib, such as a denial of service attack or interference with page rendering or other Spolib functionality.
- You will not facilitate or encourage any violations of this Statement or our policies
4. Registration and Account Security
Spolib users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Spolib, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission
- You will not use Spolib if you are under 13.
- You will not use Spolib if you are a convicted sex offender
- You will keep your contact information accurate and up-to-date
- You will not share your password let anyone else access your account, or do anything else that might jeopardize the security of your account
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Spolib that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Spolib if we believe that it violates this Statement or our policies.
- We provide you with tools to help you protect your intellectual property rights.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Spolib, the Spolib and T Logos, TB,), or any confusingly similar marks, except as expressly permitted with our prior written permission
- You will not post anyone's identification documents or sensitive financial information on Spolib
- You will not tag users or send email invitations to non-users without their consent. Spolib offers social reporting tools to enable users to provide feedback about tagging
6. Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply
- In the event you change or deactivate your mobile telephone number, you will update your account information on Spolib within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Spolib.
If you make a payment on Spolib or use Spolib Credits, you agree to our Payments Terms.
8. Special Provisions Applicable to Social Plugins
If you include our Social Plugins, the following additional terms apply to you
- We give you permission to use Spolib's Social Plugins so that users can post links or content from your website on Spolib.
- You give us permission to use and allow others to use such links and content on Spolib
- You will not place a Social Plugin on any page containing content that would violate this Statement if posted on Spolib
9. Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website, the following additional terms apply to you
- You are responsible for your application and its content and all uses you make of Platform
- Your access to and use of data you receive from Spolib, will be limited as follows:
- You will only request data you need to operate your application
- You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.
- You will not include data you receive from us concerning a user in any advertising creative
- You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use
- You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.
- We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.
- We can limit your access to data
- You will comply with all other restrictions.
- You will not give us information that you independently collect from a user or a user's content without that user's consent
- You will make it easy for users to remove or disconnect from your application
- You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights
- You will provide customer support for your application.
- You will not show third party ads or web search boxes on www.Spolib.com or www.Spolib.com.au
- We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
- You will not sell, transfer, or sublicense our code, APIs, or tools to anyone
- You will not misrepresent your relationship with Spolib to others.
- You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Spolib Policies
- We can issue a press release describing our relationship with you
- 13. You will comply with all applicable laws. In particular you will (if applicable):
- have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
- 2. comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on Spolib. You represent that any disclosure to us will not be incidental to the ordinary course of your business
- We guarantee that Platform will always be free
- You give us all rights necessary to enable your application to work with Spolib, including the right to incorporate content and information you provide to us into streams, timelines, and user action stories
- You give us the right to link to or frame your application, and place content, including ads, around your application
- We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search)
- To ensure your application is safe for users, we can audit it.
- We can create applications that offer similar features and services to, or otherwise compete with, your application
10. About Advertisements and Other Commercial Content Served or Enhanced by Spolib
Our goal is to deliver ads and commercial content that are valuable to our users and advertisers. In order to help us do that, you agree to the following:
- You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
- We do not give your content or information to advertisers without your consent
- You understand that we may not always identify paid services and communications as such
Special Provisions Applicable to Advertisers
You can target your desired audience by buying ads on Spolib or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal (Order):
- When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. When serving your ad, we do our best to deliver the ads to the audience you specify, although we cannot guarantee in every instance that your ad will reach its intended target.
- In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify
- You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms
- Your ads will comply with our Advertising Guidelines
- We will determine the size, placement, and positioning of your ads
- We do not guarantee the activity that your ads will receive, such as the number of clicks your ads will get
- We cannot control how clicks are generated on your ads. We have systems that attempt to detect and filter certain click activity, but we are not responsible for click fraud, technological issues, or other potentially invalid click activity that may affect the cost of running ads
- You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for all ads that run
- Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it
- We can use your ads and related content and information for marketing or promotional purposes
- You will not issue any press release or make public statements about your relationship with Spolib without our prior written permission.
- We may reject or remove any ad for any reason
- If you are placing ads on someone else's behalf, you must have permission to place those ads, including the following:
- You warrant that you have the legal authority to bind the advertiser to this Statement
- You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation
Special Provisions Applicable to Software
- If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software
- You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission
- Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, we will provide you with seven (7) days notice and an opportunity to comment on changes to this Statement.
- If we make changes to policies referenced in or incorporated by this Statement, we may provide notice
- Your continued use of Spolib following changes to our terms constitutes your acceptance of our amended terms
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Spolib to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 15-19.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Spolib exclusively in a state or federal court located in Victoria, Australia. The laws of the Australia will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Victoria, Australia for the purpose of litigating all such claims.
- If anyone brings a claim against us related to your actions, content or information on Spolib, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Spolib and are not responsible for the content or information users transmit or share on Spolib. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Spolib. We are not responsible for the conduct, whether online or offline, or any user of Spolib
- WE TRY TO KEEP SPOLIB UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SPOLIB AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SPOLIB WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SPOLIB WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SPOLIB IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SPOLIB, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SPOLIB WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SPOLIB'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16. Special Provisions Applicable to Users Outside Australia
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Spolib outside Australia:
- You consent to having your personal data transferred to and processed in Australia.
- If you are located in a country embargoed by Australia, or are on the Australian Department of Foreign Affairs and Trade (DFAT) list of Specially Designated Nationals you will not engage in commercial activities on Spolib (such as advertising or payments) or operate a Platform application or website.
- By "Spolib" we mean the features and services we make available, including through (a) our website at and any other Spolib branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Spolib or provide data to us
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Spolib
- By "content" we mean anything you or other users post on Spolib that would not be included in the definition of information.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Spolib or provide to Spolib through Platform
- By "post" we mean post on Spolib or otherwise make available by using Spolib.
- By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of
- By "active registered user" we mean a user who has logged into Spolib at least once in the previous 60 days
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data
- This Statement makes up the entire agreement between the parties regarding Spolib, and supersedes any prior agreements
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect
- If we fail to enforce any of this Statement, it will not be considered a waiver
- Any amendment to or waiver of this Statement must be made in writing and signed by us
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law
- This Statement does not confer any third party beneficiary rights
- We reserve all rights not expressly granted to you
- You will comply with all applicable laws when using or accessing Spolib
2. Data Use Policy
Information We Receive About you
We receive a number of different types of information about you, including:
- Your information
- Your information is the information that's required when you sign up for the site as well as the information you choose to share.
- Registration information
When you sign up for Spolib, you are required to provide information such as your name, email address, birthday, and gender. In some cases, you may be able to register using other information, like your telephone number.
- Information you choose to share
Your information also includes the information you choose to share on Spolib, such as when you post a status update, upload a photo, or join in a friend's conversation. It also includes the information you choose to share when you take an action, such as when you add a friend, add a place to your story, use our conversation walls, and so on.
Your name, profile pictures, cover photos, gender, networks, username and User ID are treated just like information you choose to make public.
Your birthday allows us to do things like show you age-appropriate content and advertisements.
Information others share about you We receive information about you from your friends and others, such as when they upload your contact information, post a photo of you, tag you in a photo or status update, or at a location, or add you to a group.
When people use Spolib, they may store and share information about you and others that they have, such as when they upload and manage their invites and contacts.
Other information we receive about you We also receive other types of information about you:
- We receive data about you whenever you interact with Spolib, such as when send or receive a message, search for a friend, start a conversation, respond to a conversation, use the events engine, click on, view or otherwise interact with things, use a Spolib mobile app, or make purchases through Spolib.
- When you post things like photos or videos on Spolib, we may receive additional related data (or metadata), such as the time, date, and place you took the photo or video
- We receive data from the computer, mobile phone or other device you use to access Spolib, including when multiple users log in from the same device. This may include your IP address and other information about things like your internet service, location, the type (including identifiers) of browser you use, or the pages you visit. For example, we may get your GPS or other location information so we can tell you if any of your friends are nearby.
- Sometimes we get data from our affiliates or our advertising partners, customers and other third parties that helps us (or them) deliver ads, understand online activity, and generally make Spolib better. For example, an advertiser may tell us information about you (like how you responded to an ad on Spolib or on another site) in order to measure the effectiveness of - and improve the quality of - ads.
We also put together data from the information we already have about you and your friends. For example, we may put together data about you to determine which friends we should show you in your Wall or suggest you tag in the photos you post. We may put together your current city with GPS and other location information we have about you to, for example, tell you and your friends about people or events nearby, or offer deals to you that you might be interested in. We may also put together data about you to serve you ads that might be more relevant to you.
When we get your GPS location, we put it together with other location information we have about you (like your current city). But we only keep it until it is no longer useful to provide you services, like keeping your last GPS coordinates to send you relevant notifications.
We only provide data to our advertising partners or customers after we have removed your name or any other personally identifying information from it, or have combined it with other people's data in a way that it is no longer associated with you.
Public information When we use the phrase "public information", we mean the information you choose to make public, as well as information that is always publicly available.
Information you choose to make public
Choosing to make your information public is exactly what it sounds like: anyone, including people off of Spolib, will be able to see it.
Choosing to make your information public also means that this information:
Sometimes you will not be able to select an audience when you post something (like when you write on a Page's wall or comment on a news article that uses our comments plugin). This is because some types of stories are always public stories. As a general rule, you should assume that if you do not see a sharing icon, the information will be publicly available.
- can be associated with you (i.e., your name, profile pictures, cover photos, User ID, username, etc.) even off Spolib
- can show up when someone does a search on Spolib or on a public search engine;
- will be accessible to the Spolib-integrated games, applications, and websites you and your friends use; and
- will be accessible to anyone who uses our APIs
When others share information about you, they can also choose to make it public.
Information that is always publicly available
The types of information listed below are always publicly available, and are treated just like information you decided to make public.
This helps your friends and family find you. If you are uncomfortable sharing your real name, you can always delete your account.
- Profile Pictures and Cover Photos
These help your friends and family recognize you. If you are uncomfortable making any of these photos public, you can always delete it. Unless you delete them, when you add a new profile picture or cover photo, the previous photo will remain public in your profile picture or cover photo album.
This helps you see whom you will be sharing information with before you choose a custom audience. If you are uncomfortable making your network public, you can leave the network .
This allows us to refer to you properly.
- Username and User ID
These allow you to give out a custom link, receive email and help make Spolib Platform possible.
How we use the information we receive
We use the information we receive about you in connection with the services and features we provide to you and other users like your friends, our partners, the advertisers that purchase ads on the site, and the developers that build the games, applications, and websites you use. For example, in addition to helping people see and find things that you do and share, we may use the information we receive about you:
- as part of our efforts to keep Spolib products, services and integrations safe and secure;
- to protect Spolib's or others' rights or property;
- to provide you with location features and services, like telling you and your friends when something is going on nearby;
- to measure or understand the effectiveness of ads you and others see, including to deliver relevant ads to you;
- to make suggestions to you and other users on Spolib, such as: suggesting that your friend use our contact importer because you found friends using it, suggesting that another user add you as a friend because the user imported the same email address as you did, or suggesting that your friend tag you in a picture they have uploaded with you in it; and
- for internal operations, including troubleshooting, data analysis, testing, research and service improvement.
Granting us this permission not only allows us to provide Spolib as it exists today, but it also allows us to provide you with innovative features and services we develop in the future that use the information we receive about you in new ways.
While you are allowing us to use the information we receive about you, you always own all of your information. Your trust is important to us, which is why we don't share information we receive about you with others unless we have:
- received your permission;
- given you notice, such as by telling you about it in this policy; or
- removed your name or any other personally identifying information from it.
Of course, for information others share about you, they control how it is shared.
We store data for as long as it is necessary to provide products and services to you and others, including those described above. Typically, information associated with your account will be kept until your account is deleted or you request we remove it.
Deleting and deactivating your account
If you want to stop using your account, you can either deactivate or delete it.
Deactivating your account puts your account on hold. Other users will no longer see your timeline, but we do not delete any of your information. Deactivating an account is the same as you telling us not to delete any information because you might want to reactivate your account at some point in the future. You can deactivate your account on your account settings page.
Your friends will still see you listed in their list of friends while your account is deactivated.
When you delete an account, it is permanently deleted from Spolib. It typically takes about one month to delete an account, but some information may remain in backup copies and logs for up to 90 days. You should only delete your account if you are sure you never want to reactivate it.
Certain information is needed to provide you with services, so we only delete this information after you delete your account. Some of the things you do on Spolib aren't stored in your account, like posting to a group or sending someone a message (where your friend may still have a message you sent, even after you delete your account). That information remains after you delete your account.
3. Use of Spolib Services
Disclaimer of Warranties
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SPOLIB DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SPOLIB DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SPOLIB DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL SPOLIB BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SPOLIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold Spolib, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The Terms constitute the entire agreement between you and Spolib and govern your use of the Service, superseding any prior agreements between you and Spolib. The Terms and the relationship between you and Spolib shall be governed by the laws of Australia without regard to its conflict of law provisions. You and Spolib agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria, Australia. The failure of Spolib to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to abuse at Spolib.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.