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Welcome! By using Spymac's services, you agree to be bound by the following terms and conditions (the "Rules" "Terms of Service" or "Terms of Use"). Please read the following terms and conditions carefully.
You agree not to post any copyrighted material unless the copyright is owned by you or you have consent from the owner of the copyrighted material. Further, it is impossible for us to screen all content uploaded, considering the sheer amount of content that gets added each day. It is also impossible for us to recognize every piece of copyrighted material from every country in the world (remember, we're fully international), which means that the onus is on YOU, the user, to make sure that any uploaded content does not break copyright law!
Here's the deal: If you upload something that's copyrighted, and you win money from us in the competition because we did not (or were unable to) detect the violation at the time, our lawyers will be contacting you! You will be responsible for paying back the money we paid out to you, PLUS any additional damages that may have resulted from your criminal behavior! Let us be clear on this: IF YOU UPLOAD ONE COPYRIGHTED ENTRY TO SPYMAC, YOU FORFEIT THE COMPETITION, EVEN IF ALL THE REST OF YOUR UPLOADS ARE ORIGINAL. ONE STRIKE AND YOU ARE OUT!
If you happen to stumble upon an item that you believe infringes copyright, or if you see your own work on Spymac and want it to be removed, please contact techsupport@spymac.com to let us know about it.
You can post anything on Spymac as long as it's not illegal, defamatory,
abusive, vulgar, hateful, harassing, obscene, profane, sexist, racist or
otherwise threatening, does not infringe the privacy, intellectual property or
any other rights of third parties, is not otherwise injurious or objectionable
and is not in violation of any law. Since Spymac ONLY ACCEPTS ORIGINAL
uploads, we do not allow duplicate audio, videos or pictures to be uploaded
to the site. Any duplicate content will be removed, with the first, original
upload remaining untouched.
Remember: Although Spymac is under no obligation or duty to view each
user's activities to determine if a violation of these policies has occurred, we
reserve the right to remove or edit any content or materials which, in
Spymac's sole discretion, do not conform to Spymac's standards or to the
policies or terms contained herein.
The bottom line: Spymac has a family-filter in place only because of its international reach and user base. Different parts of the world have different opinions about what is considered family-safe. The general rule of thumb is: If you would be embarrassed to be caught looking at the upload at school, work, or in front of your grandma, it should be marked as Not-safe-forfamily viewing (you can choose this option on the upload page). Your account will be deleted and any money you won could be forfeited if you break this rule! Help keep Spymac family friendly! Just because we have a family-filter in place does not mean we allow adult material (we do not!)
Spymac shares the advertising money it makes with the users in the form of monthly jackpots. It is the responsibility of the user to ensure that all money earned through Spymac is claimed in a legally correct way. You must be legally allowed to collect money from Spymac (including being the lawful age in your region) and you are responsible for any tax implications that may follow. All money is paid out in US funds. Any money not claimed within 3 years will be wiped clean. If you are found to have uploaded even a single copyrighted entry you will no longer be eligible to participate in that month's competition, even if all of your other uploads that month have been original. Also, if we don't catch the fact that you won money with copyrighted content until after you have your check, we will send our lawyers after you to get back any money that we sent you plus any additional damages. We have to be strict on this policy because it is dangerous for us as a company to pay out money for copyrighted content!
On the 25th of each month, we close the month for checks, any requests for cashing out after that date will not be processed until the next month. Checks are sent out within 4 weeks after that date. During this period, Spymac reserves the right to investigate copyright ownership to ensure that payment is not made to an unlawful party. Spymac may contact you requesting more information in order to proceed with issuing the funds. An email will be sent to the address on record when the check is sent.
All checks received from Spymac must be cashed within 30 days of being issued or they will become void (meaning you will not be able to deposit or cash them). If you feel you have a legitimate reason for waiting longer than 30 days to cash your check, you can contact Spymac to discuss any options available. All money not claimed goes right back into the jackpot.
Spymac runs a monthly creativity contest that is designed to showcase the talent of a wide spectrum of artists and entertainers. Spymac reserves the right to delete any content (and its corresponding account) that does not meet the quality and editorial guidelines set forth by Spymac's staff. If you have specific questions about our guidelines, read Spymac's help section or send us an email.
This includes:
- Creating scripts or robots that automatically load your uploads
- Circumventing the system to unlawfully use our bandwidth or video
streaming services
If this behavior is detected, your account will be deleted, all money earned
will be cleared, and local authorities may be contacted. You will also be
responsible to pay back all the money we paid to you and will probably face
additional penalties and charges. We cannot stress this enough!
Spymac allows comments on uploads making it easy for users to get feedback on their content. To keep Spymac a safe and fun place, we must ensure that users do not post threatening, harassing or abusive comments. Be advised that Spymac reserves the right to delete any account that is a detriment to community growth, including those providing repeated negative comments.
We are not an archive! Although we provide unlimited space to our uploaders and contestants, we reserve the right to delete your content at any time if we need the storage space or encounter technical difficulties. Although many people have had their content on Spymac for long periods of time, we cannot commit to keeping your uploaded content for more than the duration of the month you uploaded it in! If you are looking for a simple media archive, there are much better sites out there!
Spymac is a community and by using this site, you are now part of that community. To provide a safe and fun place for all members, you agree not to: let anyone else use your account, harass or threaten other members; abuse services (such as repeated video chat requests to a member that does not wish to video chat with you); spam, post advertisements, chain letters, pyramid schemes, software viruses or solicitations. You also must respect all rules posted and listen to site moderators, who help maintain the quality of the community. Spymac reserves the right to delete any member account that it feels is a detriment to community growth and contrary to a fun, safe environment for all. When appropriate, local authorities will be contacted.
Spymac reserves the right, at any time and/or from time to time, to modify, delete, or discontinue, temporarily or permanently, the services with or without notice to you. However, Spymac agrees to provide notice whenever discontiunation or downtime of services is reasonably forseeable. You further agree that Spymac may terminate your password, account or use of the Spymac website or services if you fail to use the Spymac website or any Spymac services at least once during a reasonable period of time, which shall not be less than three months, as determined by Spymac. Spymac reserves the right to cancel any account at any time if it believes the account is being used contrary to these terms. If you do not follow these rules and conditions, Spymac reserves the right, if deemed necessary, to delete your account.
Purchasing a premium package does not make you immune to the rules and conditions explained in the Terms of Use. No refunds will be given for anyone who has has their account deleted because they did not follow the rules outlined in this agreement.
Spymac reserves the right to change or amend these Terms of Use at any
time without specific notice to you. We may modify or terminate our services
from time to time, for any reason, and without notice, including the right to
terminate with or without notice, without liability to you, any other user or
any third party.
Please note that certain pages of this website or specific services provided
by Spymac may contain or be subject to additional terms and conditions
that govern the particular features or services provided. In the event that
the terms or conditions applicable to such pages or services conflict with
these general Terms of Use, then these Terms of Use shall take precedence
over any conflicting terms or conditions and shall govern and control your
access to and use of this website and the Spymac services provided.
If you have questions or want to talk to us about these rules, email
techsupport@spymac.com
Unless otherwise specified, neither this website nor any portion thereof may be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose not expressly permitted by Spymac. This website and the Spymac services are for your personal and noncommercial use.
The Name "Spymac" and the logo are Trademarks of Spymac Network, Inc. and are protected by US and international trademark laws. All graphics, logos, page headers, button icons, scripts and service names are trade dress of Spymac Network, Inc. and may not be used in connection with any product or services not offered by Spymac in any manner that could cause confusion for Spymac customers or users of or visitors to the Spymac.com website or in any manner that could discredit Spymac. All other trademarks appearing on this site that are not owned by Spymac are the property of their respective owners.
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPYMAC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES OFFERED BY THIS SITE AND YOU AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SPYMAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPYMAC MAKES NO REPRESENTATION OR WARRANTY THAT THE SPYMAC SITE OR THE SERVICES OR INFORMATION PROVIDED THEREIN WILL MEET USERS' REQUIREMENTS OR THAT THE SPYMAC SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SPYMAC 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 THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SPYMAC ALSO DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SPYMAC WEBSITE OR THE SERVICES OFFERED OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SPYMAC SITE OR THE USE OF SPYMAC SERVICES. SPYMAC MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SPYMAC SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH OR ON THE BASIS OF THE SPYMAC SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPYMAC OR THROUGH OR FROM THE SPYMAC SITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT IN NO EVENT SHALL SPYMAC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM YOUR USE OF OR THE INABILITY TO USE THE SPYMAC WEBSITE OR ANY OF THE SERVICES PROVIDED OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR ON THE BASIS OF THE SPYMAC SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE ASSETS, EVEN IF SPYMAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO ACKNOWLEDGE AND AGREE THAT SPYMAC SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF ANY SPYMAC SERVICES. INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPYMAC AND IT'S RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM YOUR VIOLATION OF THESE TERMS OF USE, ANY ACTIVITY RELATED TO USE OF THE SPYMAC SERVICEs (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SPYMAC SITE USING YOUR ACCOUNT, YOUR CONNECTION TO THE SPYMAC SITE OR YOUR VIOLATION OF ANY RIGHTS OF OTHERS, INCLUDING ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SPYMAC SITE OR ANY SPYMAC SERVICES.
These Terms of Use shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Venue for any action brought by either party arising under or related in any way to these Terms of Use, the Spymac website or any services or products purchased on the basis of the Spymac website shall be solely in a New York state court or a federal court having jurisdiction over New York and each party consents to the personal jurisdiction of such courts over them and over their authorized agents as applicable.
Spymac's failure to insist upon or enforce strict performance of any provisions of these Terms of Use shall not be construed as a waiver of any provision or right contained herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Spymac may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and limitations of liability set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein, the Terms of Use constitute the entire agreement between you and Spymac with respect to your use of the Spymac website or any Spymac services and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Spymac.