WeSpin Terms of Service (“Agreement”)
This Agreement was last modified on January 4, 2014.
Welcome to WeSpin. Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using wespin.co (“the Site”, “WeSpin”) operated by Dotted Music LLC (“us”, “we”, “Dotted Music”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at wespin.co.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Violation of any of the terms below will result in the termination of your WeSpin account (“your Account”). While we prohibits certain conduct and content on the Site, you understand and agree that we cannot be responsible for the content posted on the Site and you nonetheless may be exposed to such materials. You agree to use the Site at your own risk. Capitalized terms are defined in this Agreement.
- You must be at least 13 years of age to use the Site.
- You must be a human. Accounts registered by “bots” or other such automated methods are prohibited.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your Account and login information can only be used by one person. A single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Dotted Music cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are fully responsible for all the Content posted and the activity that occurs under your Account.
- You may not use the Site for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading
- A valid credit card or PayPal account is required for paying accounts.
- A full refund is issued if you cancel your Account within the first 30 days of signing up by sending an message via a contact form at http://wespin.co/contact/.
- Registration to WeSpin is billed in advance on either a monthly or an annual basis and is non-refundable. Except for the aforementioned point, there will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for time unused with an open account. The only exception to the refund policy is: a renewed subscription payment may be refunded if a request for refund has been received in writing within 72 hours of the renewal date.
- 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, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card or PayPayl account that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading or canceling your Account may cause the loss of Content, features, or capacity of your Account. Dotted Music does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. You can cancel your account at any time by sending a written request via a contact form at http://wespin.co/contact/.
- If you have posted to the Forums, your content will not be removed unless requested in writing via a contact form at http://wespin.co/contact/.
- If you cancel your Account before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Dotted Music, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Site, or any other Dotted Music service, for any reason at any time. Such termination of your Account 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. Dotted Music reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Pricing
- Dotted Music reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
- Pricing, including but not limited to monthly subscription plan fees to the Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the WeSpin Site (wespin.co).
- Dotted Music shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Site.
Content Ownership and Copyright
- You acknowledge and agree that all content and information, which includes but is not limited to text, software, music, sound, photographs, graphics, videos or other material (also known as “Content”) provided on the Site or through by Dotted Music is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Site, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
- All content posted on the Site must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Site through your Account or otherwise. Your profile and any materials uploaded remain yours.
- Dotted Music does not pre-screen Content, but Dotted Music 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 Site.
- The look and feel of WeSpin is copyright©2014 WeSpin by Dotted Music. 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 Dotted Music.
Links To Other Sites
Warranty Disclaimer and Limitation of Liability
- Dotted Music has no special relationship with or fiduciary duty to you. You acknowledge that Dotted Music has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, content that some people may find offensive or inappropriate.
- The services, content, website and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
- In no event shall Dotted Music or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the Site or the services or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of the fees paid by you for your Account or the services purchased through the Site during the six-month period preceding the applicable claim; (ii) for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond company’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
- Your use of the Site is at your sole risk. The content and service are provided on an “as is” and “as available” basis.
- Technical support is only available via email.
- You understand that Dotted Music uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Site.
- You must not modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site, Dotted Music, or any other Dotted Music service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without the express written permission by Dotted Music.
- 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 Dotted Music or WeSpin customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Site, including your Content, may be transferred 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.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Dotted Music) of other WeSpin customers, we reserve the right to immediately disable your account or throttle your bandwidth until you can reduce your bandwidth consumption.
- Dotted Music does not warrant that (i) the service will meet your specific requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site 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 Site will be corrected.
- You expressly understand and agree that Dotted Music 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 Dotted Music 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) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Dotted Music 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 Dotted Music and govern your use of WeSpin, superseding any prior agreements between you and Dotted Music (including, but not limited to, any prior versions of the Terms of Service).
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Wyoming, United States, without giving effect to any principles of conflicts of law.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us via a contact form at http://wespin.co/contact/