Terms and conditions
The following Terms and Conditions ("Terms") are applicable to Spiky Penguin. The Spiky Penguin website is referred to generically herein as the "Website". The services provided by Spiky Penguin via the Website (other than third party websites accessible via the Website) are subject to these Terms and any policies that may be published by Spiky Penguin from time to time. The Terms and any applicable policies comprise the entire agreement between you and Spiky Penguin and supersede all prior agreements regarding the subject matter contained herein.
Acceptance of terms
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, IMMEDIATELY DISCONTINUE USING THIS WEBSITE.
Description of service
Spiky Penguin makes various services available on the Website including, but not limited to, the capability to create, post and exchange digital files. Fees for the various services are set out in the Service Fees and/or FAQ on the Website. You are solely responsible for providing, at your own expense: (i) all equipment, including a computer and modem; and (ii) your own Internet access.
In order to access some of the services, you will require a separate account and password which can be obtained by completing the online registration form ("Registration Data") and maintaining and updating your Registration Data as required.
YOU AGREE NOT TO HOLD Spiky Penguin LIABLE FOR ANY DAMAGE TO, ANY DELETION OF OR ANY FAILURE TO STORE YOUR FILES, DATA OR REGISTRATION DATA. You further acknowledge that Spiky Penguin has a fixed upper limit on the amount of disk space that you may use, which limits are set out in the FAQ and administration sections of the Website.
Grant of limited license
Subject to the license granted herein, you retain all rights in and to any of your material you upload to the Website. In order to enable Spiky Penguin to provide the Website, you grant Spiky Penguin and its designated licensees a non-exclusive, royalty free, worldwide right to copy, distribute, use in connection with the operation of the Website, such material, regardless of the medium, technology, or form in which it is used. Such use by Spiky Penguin may include, but will not be limited to, use of any information or images posted to the Website to be included as part of a screen option, demonstration or brochure for the purpose of promoting your material or the Website.
You acknowledge that Spiky Penguin may be required to compress or perform other technical processing of your uploaded files due to technical limitations on the Website.
Backup copies of images
The Website is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although Spiky Penguin takes what we believe to be reasonable precautions to preserve and protect the material you upload to the Website, you should not rely on the Website as your only storage facility. You should preserve copies of your film negatives or slides, and backup copies of any digital data or information that you have uploaded.
Security of your account
You are solely responsible for maintaining the confidentiality of your password and account and for any and all activities which occur under your account. You agree to immediately notify Spiky Penguin of any unauthorized use of your account.
(a) Your use of the Website is subject to all applicable laws and regulations, including Netiquette.
(b) You agree not to upload or otherwise transmit through the Website any unlawful, harassing, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic, illegal or otherwise objectionable material of any kind or nature.
(c) You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website.
(d) You agree not to upload or otherwise transmit through the Website any material that: (i) infringes on any third party rights; and (ii) contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software.
(e) Your right to use the Website is personal to you. You agree not to resell or make any commercial use of the Website or transfer your rights herein, without the express written consent of Spiky Penguin, which consent shall be at Spiky Penguin's sole discretion.
Spiky Penguin neither endorses or assumes any liability for the contents of any material uploaded or submitted by third party users of the Website. The Website acts only as a passive conduit for online storage of materials uploaded or submitted to the Website. Spiky Penguin retains the right to delete content that it deems in its sole discretion to be objectionable, but makes no claim to ensure that all objectionable or illegal content will be removed from the Website. You hereby consent to such removal and waive any claim against Spiky Penguin arising out of such file removal.
You acknowledge and agree that, during the course of providing the Website, Spiky Penguin may be required to grant access to a third party and/or decrypt files in response to a court order or in response to a request from law enforcement or other government authority. You hereby consent to such legal production and waive any claim against Spiky Penguin arising out of such court order.
The entire content of the Website in aggregate is owned by Spiky Penguin, and protected as a collective work under international intellectual property laws, treaties and conventions, including the Berne Convention for the Protection of Literary and Artistic Works. Portions of the Website are provided to Spiky Penguin under license. The copying, reproduction, or publication of any part of the Website is prohibited, unless expressly authorized in writing by Spiky Penguin.
No copyrighted material may be uploaded or submitted to any Website by anyone without the permission of the copyright owner or persons authorized by the copyright owner. You are solely responsible for obtaining all such necessary permission at your sole cost and expense before uploading any such material to the Website.
You acknowledge that content, including but not limited to text, music, sound, photographs, video, graphics or other material contained on the Website ("Content") is owned or licensed by Spiky Penguin and other third parties and is protected by copyrights, trade-marks and/or other rights and laws. You may download the material available on the Website for your personal, non-commercial use only. Except as may be permitted by copyright law, you are responsible for obtaining permission from the copyright owner before reusing any copyrighted material that is on the Website. In the event of any permitted copying, redistribution or publication of copyrighted material from the Website, no changes in or deletion of author attribution, trade-mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Website.
All notices to you may be given by any means including, but not limited to: (a) email; (b) conventional mail; (c) notices or messages posted on the Website; or (d) any other means by which you obtain notice thereof.
Access to third party websites
Spiky Penguin is not responsible for the content of any third party website which you access through the Website. If you decide to access any such third party website, you do so entirely at your own risk.
From time-to-time, Spiky Penguin may enter into strategic relationships with third party websites whereby portfolios of Spiky Penguin members will be visible through those third party websites. You agree that your portfolio, whether purchased through Spiky Penguin directly or via an access or offer on or in connection with a third party website, shall be deemed to have been purchased from Spiky Penguin for services offered directly on the Website. You also acknowledge that Spiky Penguin may terminate any such strategic relationship at any time without notice to you. If any such strategic relationship is terminated, your sole recourse is to terminate your relationship with Spiky Penguin in accordance with the termination policy below.
Modifications to websites
Spiky Penguin reserves the sole right to either modify or discontinue the Website, including any features therein at any time with or without notice to you. Without limiting the foregoing, Spiky Penguin may, from time to time as it reasonably determines, change the attributes to various levels of "portfolio service" selected by visitors, change the pricing structure, add or remove non-fee and fee based services, or change its limitation on allowable file size; provided however, that Spiky Penguin will not retroactively make such changes which have been previously paid for by you. Spiky Penguin shall not be liable to you or any third party should Spiky Penguin exercise such right. Spiky Penguin will make reasonable efforts to notify you of such changes by way of email or posting a notice of such change on its Website and you acknowledge and agree that these are appropriate and reasonable methods of notifying me of such modifications. Please ensure that you attend to your email periodically and visit the Website periodically to check whether any modifications have been made.
You agree to indemnify and hold Spiky Penguin, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including reasonable legal fees and expenses, due to or arising out of your use of the Website, which cause direct or indirect damage or harm to a third party.
Either you or Spiky Penguin may terminate your relationship with or without cause at any time. You agree that Spiky Penguin may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of the Terms. If Spiky Penguin reasonably suspects fraudulent, abusive or illegal activity, it will terminate your relationship with Spiky Penguin and we may refer such suspicions to appropriate law enforcement authorities.
Spiky Penguin shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
Disclaimer of warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPIKY PENGUIN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SPIKY PENGUIN MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SPIKY PENGUIN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA. SPIKY PENGUIN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.
Limitation of liability
SPIKY PENGUIN SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE INCLUDING ANY DAMAGE THAT RESULTS FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF SPIKY PENGUIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR AN AMOUNT GREATER THAN THE AGGREGATE AMOUNT YOU PAID TO SPIKY PENGUIN IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CAUSE OF ACTION.
The Terms shall be governed by and construed in accordance with the laws of the jurisdictions in which we operate and you agree to submit to the exclusive jurisdiction of the courts in the United Arab of Emirates.
You agree that any cause of action arising out of or related to your use of the Website must commence within one (1) year after the cause of action arose.
The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
These Terms are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without Spiky Penguin's prior written consent.
Billing & services fees
All fees will be charged directly to your credit card account and are due in advance of the service period. Spiky Penguin does not provide refunds of any amount for any termination requests received. Annual customers and customers with 6 months memberships will be contacted prior to expiry of their memberships and will be given the opportunity to renew their accounts. As detailed above, Spiky Penguin reserves the right to change its fees in accordance with the section above entitled "Modification To Website And Service".
Termination and refund policy
All termination requests are to be made to our Customer Service department by phone (00971553539253), email (firstname.lastname@example.org). This will be confirmed with a return telephone call from a Customer Service Representative.
(i) Fees prepaid for unused periods remaining are non-refundable;
(ii) Your portfolio will be terminated.
Acceptance of terms
Information collected about you
Spiky Penguin collects personal information through a variety of methods, including via the Website, over the phone, direct mail or otherwise. In all instances, however, such collection shall be completely voluntary and at your discretion. It is always your choice whether or not to provide Spiky Penguin your personal information.
There are four types of information that Spiky Penguin collects about you:
B. Limited Access Information We collect information such as nature of your profession, duration you've been in the profession, personal preferences. We use this information to be able to provide you with better, more enhanced services. Specifically, we use this additional information with our proprietary search software with the goal of increasing the opportunities to match your profile with others. This information, which we refer to as Limited Access Information, is accessible only to you and the people who you give permission to access your files.
C. Publicly Posted Information We collect the information you post or want to be publicly viewable, such as your online portfolio on Spiky Penguin. We refer to this information as Publicly Posted Information, and it is accessible by anyone with Internet access.
Use of personal information; right to opt out
Your personal information will be used only to, among other reasons, provide you the services you have requested, improve the content on our Website, help us serve your needs and requests better, and generally support your use of the Website. Without limiting the foregoing, personal information collected on the Website or through other voluntary means may be used by Spiky Penguin, in following ways:
to specify unique preferences and to provide personalized content;
to track user trends and patterns;
expand our online directories or contact you regarding future Spiky Penguin and third party products and services;
to communicate special offers and featured items to you including notices pertaining to future Spiky Penguin and third party products and services;
to respond to your customer service inquires or requests;
provide you with certain information about products or services, from us or third parties, we think may interest you.
to inform you of upcoming events, promotions, and developments with respect to membership information, including changes to our Service Fees; and
to enhance website operation and efficiency.
Spiky Penguin reserves the right to provide aggregate data to third parties for statistical analysis. Such data will not be linked to any particular individuals. In addition, we also reserve the right to disclose your personal information if such disclosure is made pursuant to a legal proceeding or is required by law.
We will only keep your personal information for as long as it remains necessary or relevant for the purposes stated above or as otherwise required by law.
Advertisers on Spiky Penguin
From time to time, we conduct statistical analyses of the collective behavior and characteristics of our users to measure interest in and use of Spiky Penguin's services. We sometimes provide our advertisers with this statistical information, such as the number of users that have been exposed to or clicked on their advertising banners. However, we only provide aggregated data from these analyses to third parties, we do not provide personal data characteristics such as your name, address or phone number or any other information, which can identify you as an individual.
Spiky Penguin permits third parties to offer their services to visitors of our Website through advertisements. Spiky Penguin is not responsible for the actions or policies of our advertisers or other third parties; therefore, we recommend that you verify the applicable privacy practices of any other website or third party before you provide them with your personal information.
Your Personal Registration Information -- the information you supply when you register or sign up for one of Spiky Penguin's services -- is password-protected so that only you and Spiky Penguin have access to this information. Your Limited Access Information is accessible only to you and the people who you give permission to access your files. Your Publicly Posted Information is available to anyone with Internet access. Your Cookie and Tracking Information is used by us for internal purposes only to provide you with personalized service.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100 percent secure. As a result, while we strive to protect your personal information, Spiky Penguin cannot ensure or warrant the security of any information that you transmit to us through our Website or that you download from our online products or services on our Website, and you do so at your own risk. Once we receive your transmission, we use commercially reasonable efforts to ensure its security on our systems. Your personal information resides on a secure server that only authorized Spiky Penguin personnel and contractors have access to via password.
Please note that there are several places on the Website where you can transmit credit card information in order to complete a purchase transaction. We have taken steps to ensure that credit card and other financial information remains well protected. Any time we ask for a credit card number, we transmit that credit card number in an encrypted format. We use industry-standard, SSL (secure socket layer) encryption.
Changing personal information
At your request, Spiky Penguin will provide you with access to the personal information we may have on file about you and to allow you to update and/or correct personal information to the extent such information is inaccurate.
How to contact Spiky Penguin