Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. DiscoverMe may, in its sole discretion, modify or revise these Terms of Service and Guidelines at any time, and you agree to be bound by such modifications or revisions.
These Terms of Service apply to all users of DiscoverMe (hereby known as “Service”), including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of DiscoverMe, including but not limited to all products, software and services offered via the DiscoverMe website.
The Service may contain links to third party websites that are not owned or controlled byDiscoverMe. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites. In addition, DiscoverMe will not and cannot censor or edit the content of any thirdparty website. By using the Service, you expressly relieve DiscoverMe from any and all liability arising from your use of any thirdparty website.
In order to access some features of the Service, you will have to create a DiscoverMe or Facebook account. You may never use other DiscoverMe account. When creating your account, you shall provide accurate and complete mandatory information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DiscoverMe immediately of any breach of security or unauthorized use of your account.
Although DiscoverMe will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DiscoverMe or others due to such unauthorized use.
General Use of the Service – Permissions & Restrictions
You agree not to distribute in any medium any part of the Service or the any uploaded video belonging to the DiscoverMe user (hereby known as “Content”) without DiscoverMe's prior written authorization, unless we make available the means for such distribution through applications offered by the Service.
You agree not to alter or modify any part of the Service or Content
You agree not to use the Service for any commercial uses including the following unless you obtain DiscoverMe’s prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained / originated from DiscoverMe appears on the same page and is of sufficient value to be the basis for such sales.
If you use the DiscoverMe uploader, you agree that it may automatically download and install updates from time to time from DiscoverMe. These updates are designed to improve, enhance and further develop the uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit DiscoverMe to deliver these to you) as part of your use of the uploader.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the DiscoverMe servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser . You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
DiscoverMe reserves the right to discontinue any aspect of the Service at any time and shall not be liable for any loss or damages incurred as a result of the discontinuation.
Your Use of Content
The substance on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Jhavtech Pty Ltd (A.C.N. 163 628 564) subject to copyright and other intellectual property rights under the law.
The Content is provided to you AS IS. You may access the Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by DiscoverMe on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of DiscoverMe or the respective licensors of the Content. DiscoverMe and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to content from a variety of sources, and that DiscoverMe is not responsible for the accuracy, reliability, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DiscoverMe with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless DiscoverMe, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Your Content & Conduct
As a DiscoverMe account holder you may submit Content to the Service, including videos and user comments. You understand that DiscoverMe does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to DiscoverMe all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to DiscoverMe, you hereby grant DiscoverMe a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and DiscoverMe’s(and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
The above licenses granted by you in Content you submit to the Service terminate within a period of 10 working days after you remove or delete your videos from the Service. This is not applicable for Content that is published. You understand and agree, however, that DiscoverMe may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant DiscoverMe all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the DiscoverMe Community Guidelines, currently found below, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
DiscoverMe does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and DiscoverMe expressly disclaims any and all liability in connection with Content. DiscoverMe does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and DiscoverMe will remove all Content if properly notified that such Content infringes on another's intellectual property rights. DiscoverMe reserves the right to remove Content without prior notice.
Account Termination Policy
DiscoverMe will terminate a user's access to the Service if, under appropriate circumstances and in DiscoverMe’s sole view, the user is determined to be a repeat infringer of copyright or violator of these Terms of Services.
DiscoverMe reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. DiscoverMe may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
DiscoverMe operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party.
As part of copyright policy, DiscoverMe will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
Limitation of Liability
Ability to Accept Terms of Service
Information we collect
Non-Identifiable or Aggregated Data: When you interact with DiscoverMe through the Service, we receive and store certain personally non-identifiable information (for example, geo-location and device ID). Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. DiscoverMe may store such information itself or such information may be included in databases owned and maintained by DiscoverMe affiliates, agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors' Internet service providers, and how our users use and interact with the Service. Also, in an ongoing effort to better understand and serve the users of the Service, DiscoverMe often conducts research on its customer demographics, interests and behaviour based on the Personal Data and other information provided to us. This research may be compiled and analysed on an aggregate basis. DiscoverMe may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. DiscoverMe may also disclose aggregated user statistics in order to describe our Service to current and prospective business partners, and to other third parties for other lawful purposes.
Our use of your personal data and information
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Related Third Parties: DiscoverMe, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function and these related third parties will be bound by the same confidentiality agreement as DiscoverMe.
Partner Sponsors: If you win a Contest that is sponsored by a Partner Sponsor (as those terms are defined in the Terms of Service), DiscoverMe may disclose your Personal Data to the Partner Sponsor and the Partner Sponsor may use such Personal Data and disclose such Personal Data to third parties in order to notify you that you have won, provide you with an opportunity to claim your prize, obtain your consent and release with respect to your Contest Entry and prize and otherwise in connection with the administration and operation of the Contest and prize fulfillment.
Legal Requirements: DiscoverMe may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of DiscoverMe, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
The Disclosure; (i) is necessary for the purpose of preventing or detecting a crime, or for the purpose of investigations; or (ii) was required or authorized by or under any law or by the order of a court;
Personal Data may not necessarily be confidential. The definition of Personal Data is any information in respect of commercial transactions, which-
DiscoverMe hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
To the fullest extent permitted by law, in no event shall DiscoverMe, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content; (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service; (III) any unauthorised access to or use of our secure services and/or any and all personal information and/or financial information stored therein; (IV) any interruption or cessation of transmission to or from our services by any third party and/or (V) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not DiscoverMe is advised of the possibility of such damages.
We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, DiscoverMe limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again)
You specifically acknowledge that DiscoverMe shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Service is controlled and offered by DiscoverMe from its facilities in Australia. DiscoverMe makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless DiscoverMe, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.
You affirm that you are either more than 18 years of age, or an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.
When you interact with us through the Service, we may collect Personal Data and other information from you, as further described below:
DiscoverMe is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
You can access the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain features of the Service. You can also opt-out of certain uses of your Personal Data by modifying your account settings within the Service.
(a) is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose;
(b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or
(c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the subject; but does not include any information that is processed for the purpose of a credit reporting business