Terms of Services

The following Terms of Service, together with our privacy policy, govern the entirety of Fiink’s relationship with you in relation to this website. By accessing this website, you are agreeing to be bound by our website Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use or access this site. The materials contained in this website are protected by applicable copyright and trademark law.

1. Definitions

The term ‘COMPANY’ or ‘us’ or ‘we’ refers to the Fiink website and any or all of its legal representatives or officials or moderators. The term ‘you’ refers to the user or viewer of our website.

2. Disclaimer

The materials on The Fiink website are provided "as is". Fiink makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Fiink does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.

3. Revisions and Guarantee of Accuracy

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The materials appearing on The Fiink website could include technical, typographical, or photographic errors. Fiink does not warrant that any of the materials on its website are accurate, complete, or current. Fiink may make changes to the materials contained on its website at any time without notice. Fiink does not, however, make any commitment to update these materials.

4. User Generated Content

In these Terms of Services, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You hereby grant to Fiink a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, cache, display, adapt, publish, store, translate and distribute your user content in any existing or future media. You also grant to Fiink the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Fiink or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Fiink reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

[Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.]

5. Site Terms of Use Modifications

Fiink may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Service.

6. Rights of Fiink

Fiink reserves the right to:

  1. Alter or remove any content submitted or published on the website
  2. Ban, suspend or delete any user account
  3. Change the status of any user account
  4. Reclaim any usernames from user accounts.

7. Your General Obligations

You agree:

  1. You will observe these Terms of Services
  2. To use the website and its services as intended
  3. To have your submitted content, votes and comments moderated by moderators and other users and agree to the outcomes and consequences of such moderation
  4. You will not game the voting system by creating multiple user accounts
  5. You will not use your account to resell or sublicense the use of our website or your user account to any other person or organisation
  6. You will not use the website to infringe the copyright, trademark, patent or other Intellectual Property Rights of any person or company
  7. You will not use the website for any illegal or fraudulent purposes
  8. You will not undertake any act or cause any omission that will bring Fiink into disrepute
  9. You will not use any robot, spider, scraper or other automated mean to access Fiink for any purpose without our express written permission
  10. You will not interfere or attempt to interfere with the proper working of the website or any activities conducted on the website
  11. You will not bypass any measure we may use to prevent or restrict access to Fiink or to your user account
  12. You will not post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any other users
  13. You will not violate or abuse the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity
  14. You will not send unsolicited emails, chain mail, bulk mail, spam or other materials to users of the website or any other individual
  15. You will not harass, threaten, stalk or abuse any person or party, including other users of the website
  16. You will not create a false identity or to impersonate another person
  17. You will not post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you
  18. You will not use your account to submit, send or deliver viruses, spyware, malware or other harmful, disruptive, or destructive files or websites
  19. You will not use your account in such a way that damages the website or deny access to website for other users
  20. You will not intentionally or recklessly use your account in a way that degrades the performance of the website for other users.

8. Indemnity

You will indemnify and hold Fiink, its directors, officers and employees, harmless, including costs and lawyers fees, from any claim or demand made by any third party due to or arising out of your access and use of the website, the violation of this Terms of Service, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.

9. Limitations, Warranties and Liabilities

Your use of any information or materials on this website is entirely at your own risk, for which we will not be liable. It is ultimately the user’s responsibility to ensure that any products, services or information available through this website meet the user’s specific requirements.

In no event shall Fiink or any of its suppliers or representatives be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Fiink website, even if Fiink or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

10. Termination

Fiink may, either permanently or temporarily, stop providing the features and services of the website to you or to other users generally at Fiink's sole discretion, without prior notice or liability to you.

If Fiink disables access to your account, you may be prevented from accessing the website, your account details, or any files or other content which is contained in your account.

All provisions of this Terms of Service, which by its nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the website shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Fiink, including without limitation any indemnification obligations contained herein.

11. Privacy

Please review our Privacy Policy, which governs the use of personal information on the website and to which you agrees to be bound as a user of this website.

12. Copyrights and Trademarks

The Fiink website contains material which is owned by or licensed to the company. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to, Fiink, are acknowledged on the website.

13. Unauthorized Use

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

14. Third-Party Links and Endorsements

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify endorsement of any kind, direct or implied. We have no responsibility for the content of the linked website(s). Fiink has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Fiink of the site. Use of any such linked website is at the user's own risk

15. Jurisdiction

Your use of this website and any dispute arising out of such use of the website is governed by the laws of the State of Western Australia, Australia. You and Fiink irrevocably submit to the exclusive jurisdiction of the courts of Western Australian.