uthinki Terms of Service

Last modified 13 March 2015.

uthinki Pty Ltd Details

The content, products, and services (collectively “Services”), are provided by uthinki Pty Ltd (“uthinki”), ACN: 166 193 442, ABN: 67 166 193 442, registered under the Australian Corporations Act 2001 and is taken to be registered in New South Wales, Australia.

By using any of uthinki’s Services, you (the “User”) acknowledge the existence, awareness, and acceptance of the Terms of Service (“Terms”) and the Privacy Policy (“Privacy”) documentation.

Subject to the nature of the Services provided, additional terms, requirements, and verifications may apply to the User should they choose to utilise such Services. Should this be so, any relevant agreements shall be applicable, forming an extension to, and part of the Terms, for the User should they use any such Services.

Details of the Terms of Service

The User acknowledges and agrees to follow any and all policies set out in the Terms and Privacy documentation.

The User agrees to use the Services only as permitted by law.

Under the applicable laws, uthinki may be prohibited from dealing with, or providing Services to, a particular person or entity, including but not limited to where the person or entity is suspected of unlawful activity. If it appears the User is, or acts on behalf of, the person or entity suspected of unlawful activity, then uthinki may be required to under law or may choose to at its own discretion, to suspend, cancel, refuse, or terminate any service or Services and arrangements with the User, including on the grounds of investigation into behaviours of the User, or users, which are suspected to be in breach of the Terms, Privacy, or otherwise illegal.

The User acknowledges that the User’s uthinki account may be terminated by uthinki, as well as that any of the Services may be restricted, revoked or terminated by uthinki where, the User has acted or behaved contrary to the Terms and Privacy documentation. Users may be banned from the Services provided by uthinki, including but not limited to access to the games associated where a login is required, solely at the discretion of uthinki.

In the event that the User acts consistently with the letter of the Terms and Privacy documentation, yet the User’s actions are considered by uthinki to be contrary to the spirit of the Terms and Privacy documentation, then uthinki reserves the right, and is wholly within its rights to restrict, revoke, terminate all or part of its Services to the User.

The determination of any and all appeals against the restriction of its Services, or access to any part thereof, to the User, rests with uthinki and it reserves the right that it may do so without notification or justification to the User.

As uthinki changes and improves its Services, it may add or remove features or functions, and may limit, suspend, or stop any given aspect of the Services, in whole or part thereof, at any given time with or without reasonable notice to the User.

The User may stop using the Services at any given time should they choose to do so.

As a guideline to the Services, freedom of speech and freedom of association, is encouraged. Parody and satire of an entity is generally acceptable, however, the impersonation or misrepresentation of an entity, including but not limited to a person, a group of people, or a company, as though it is said entity in earnest, is not acceptable and may result in the restriction or termination of the Services. This applies in instances, including but not limited to, where the entity in question makes a formal written complaint to uthinki requesting the termination or cessation of the fraudulent or misrepresentative User account or associated content, whereby uthinki may cease or suspend such Services at uthinki’s discretion, including as it investigates the matter. This also extends to any content or actions from, or by, the User or a group of Users, which may be deemed to be abusive, acts of vilification, defamatory, discriminatory, electronic spamming, harassing, homophobic, obscene, racist, threatening, or in violation of any applicable laws.

The User of uthinki’s Services has no claim over, or ownership of, any intellectual property rights within the Services or of the content accessed; the caveat being unless the User is the legal owner of said content. Content usage within the Services may be subject to copyright and require permission from its owner to be used, unless otherwise permitted under the applicable laws.

Within the Services provided by uthinki, there will be content which is not owned by uthinki, and was not created by it, such as including, but not limited to, User-generated content.

Where the User has generated content on uthinki, including but not limited to the writing of questions and answers, articles, and the uploading of files including images, the User is responsible for said content, which may be subject to copyright and other laws, and the User takes whole and sole responsibility for it, and agrees to indemnify and protect uthinki in any event where such content may be called into question.

With respect to any links to third party websites which may appear within uthinki’s Services, this does not imply that uthinki endorses any such websites or any of their associated or affiliated contents, products, resources, or services. Should uthinki receive any remuneration or payment-in-kind from links, be they affiliate or otherwise, within its Services, the extent, if any, of such interpretation of endorsement of said links by uthinki, is limited to, unless otherwise explicitly stated, as uthinki and its Services providing the medium through which said links may be presented for which uthinki may earn a fee for the provision of the medium, and not for the endorsement of anything associated with such links. The User assumes sole and whole responsibility for any and all risks and consequences which may arise from such websites and content of said links; such websites will likely have their own terms and conditions and policies, which are beyond the control of uthinki, and the User should consult the relevant information accordingly.

The User may not alter, obscure or remove any legal notifications or disclaimers associated or displayed in the Services.

The right is reserved by uthinki to veto, modify, restrict, or otherwise, any and all Users and User-generated content, at the sole discretion of uthinki, should it be considered by uthinki that the User or their content has breached in part or whole any of the Terms or Privacy documentation, that the User’s actions were inappropriate or that the User’s actions were illegal. This may be done so without notification to the User, or the requirement of a response to the User should they so enquire.

As the content generated by the User is their responsibility, while uthinki reserves the right to review and act upon changes to, or thereof, said content, it is under no obligation to do so. No assumptions may be implied or inferred regarding uthinki’s opinion on said content, unless it has expressly acted and stated in writing to the contrary.

At times, uthinki may send users information, including but not limited to, administration and information announcements regarding its Services. The User shall have the right to opt out of some, but not necessarily all, of these notifications.

Any material update or alteration of, or to, the Terms or Privacy documentation shall be made public to users of uthinki’s Services, with the date of the last modification stated on the relevant documentation.

Logging into uthinki

Some of the Services provided require the User to log in to uthinki. The User may create an account with uthinki for these purposes.

The User is responsible for the activity of their account. Use of a strong password to protect against unauthorised access is encouraged.

User accounts may be monitored for anomalous activity, notwithstanding that uthinki is under no obligation to do so. Nor should it be assumed that uthinki can act upon alleged or supposed anomalous account activity it is unaware of. Should any suspected unauthorised account activity be detected, whether by the User or uthinki, both parties have the capacity to act upon this, which may also include informing one another and organising a solution.

An account which is deemed inactive, having recorded no usage within 365 days from the time of the last logging in, may be removed and deleted by uthinki, subject to an email being sent to the User beforehand, where reasonably possible, warning them of the pending action.

Playing Games on uthinki

Within the Services of uthinki, where the User may answer a question by choosing from the multiple choices provided and subsequently guess the aggregated response of other users (the “Game”), it will likely also involve the use of Coins (a measure of value within the Game, as outlined below) and resultant changes to the User’s Social Capital (broadly a measure of the User’s skill within the Game, as outlined below), the latter only where the User is logged in.

Within the Services of uthinki, variants of the Game may exist, wherein they may not necessarily be referred to as a game, such as a survey for example, and the aspects of the Game may be modified accordingly for such purposes. However, unless otherwise stated, such variants may still be considered to fall under the purview of the Game.

Any act of cheating, attempting to cheat, or otherwise influencing or attempting to influence the responses and results of the Game such as, but not limited to, through misrepresentation, shall constitute a breach of the Terms.

Unless otherwise stated, the guess of the aggregated response of other users which is deemed correct for the Game is based wholly and solely upon the responses of the sampled users within the Game, where, within a given question from the multiple answers provided, a correct guess constitutes selecting the answer which is the aggregated response with the highest frequency within the sample.

Questions and content becoming inactive or unavailable due to outcomes such as the suspension or the deletion of a user’s account, may impact the User and other users of the Services including players of the Game. This is an unavoidable potential consequence of the Privacy documentation.

Where a user’s account has been deleted, this may impact on the content available on the uthinki website and within its Services, such as including but not limited to the cessation of an asked question remaining active within the Game. This is an unavoidable potential consequence of the Privacy documentation. Impacts to other users should be minimal, however, particularly where said questions were open predictions awaiting verification, the impact of a user’s account and content being deleted renders such questions null and void including any and all aspects associated with the Game which may arise from them, including but not limited to the Coins and Social Capital. On such grounds, no User may seek restitution or compensation from uthinki as the result of the termination or deletion of a user’s account or users’ accounts, including their own User account, and acknowledge and accept this as part of both the Terms and Privacy documentation.

Regarding Coins and Social Capital, uthinki will not be held accountable for any loss to the User related to these, be it economic, monetary, perceived, or otherwise. The User accepts any and all costs which may be incurred, or arising from, the loss of Coins and Social Capital. Furthermore, the User accepts full responsibility for, and any and all consequences which may arise from, their use of Coins and Social Capital.

Social Capital and Coins from the User’s account may not be conferred, granted, transferred, or otherwise, to another party, or another user’s account or users’ accounts, or any other account even if the User has more than one account within the Services.

Coins

Coins are representative of game currency within the Game, and may only be used within the Services provided by uthinki. Such Services are to be determined at the sole discretion of uthinki, and may include future Services provided by uthinki. Should these Services not exist at the time of the User’s initial agreement to the Terms and Privacy documentation, yet these Services are still in full compliance with the documentation, then such Services are considered to have been agreed to and are already covered by the existing documentation. Should such future Services fall beyond the scope of the existing Terms and Privacy documentation, then the User shall be notified accordingly and additional, or updated, Terms and Privacy documentation may need to be agreed to before any such usage. Services and potential future Services are inclusive of, but not limited to, associations, affiliations, partnerships, promotions, or otherwise, with parties external to uthinki yet still falling under the purview of Services provided by uthinki under the Terms.

For the purpose of the Game, Coins may be created and distributed at the discretion of uthinki to the User and users.

Should any monetary value be ascribed to the Coins, this is solely representative of them being used as game currency within the Services of uthinki, and as such consent for the usage of a specified number of Coins may be purchased initially for such purposes from uthinki, or a party approved by uthinki. Accordingly, if any monetary value is ascribed to the Coins to acquire them for the Services, the reverse does not follow that the Coins then have any monetary value.

Coins existing within a user’s account may not be on sold by the User, or Users, to another party, and doing so represents a breach of the Terms.

Coins may not be redeemed for any monetary value, whether within uthinki or otherwise, and have no value outside of the Services provided by uthinki. Coins are neither real nor personal property, and as such they cannot be owned by the User, rather the User has the consent of uthinki to use the Coins within its Services. In the event of Services being terminated, User account closure, or any action or condition otherwise thereof resulting in a loss of Coins, no monetary value may be attributed to them, or sort for them, by the User, or to the User, or on behalf of the User, or any party in any way affiliated with the User however remote, even to the extent of the party not being affiliated with said User. As such, uthinki shall not, nor be expected to, compensate the User or any user for the loss of Coins, or Social Capital.

Social Capital

Social Capital is representative of a ranking function based upon the responses to the questions, and the associated factors of said responses and questions, within the Game within the Services.

The calculation of Social Capital is proprietary and remains the property of uthinki.

The methodology for the calculation of Social Capital may be altered at any time by uthinki without notification to the User or users. Any alteration to the Social Capital methodology and its ensuing impacts will not apply retrospectively to past values of Social Capital, and it shall only impact future values of Social Capital.

Privacy and Use of Content

The treatment of the User’s personal information and data is outlined within the Privacy documentation. On uthinki, users’ privacy is respected.

Any and all trademarks and copyrighted materials remain the property of their respective owners.

Acts of alleged copyright infringement committed by the User will be dealt with upon awareness made of such, and may result in acts such as including, but not limited to, a formal warning issued to the User, modification made to the User’s content, and potential suspension or termination of the User’s account.

Where the User has submitted content to uthinki, the User retains any ownership and intellectual property that may be theirs to claim with respect to such content. In displaying such content to the public (and through use of the Services), it may be moderated by uthinki at the discretion of uthinki and furthermore, is subject to any guidelines as stipulated within the Terms and Privacy documentation. By submitting content, including uploading files, to uthinki, the User grants uthinki a worldwide licence to: communicate the content, including but not limited to its display, distribution, publication, publicising, reproduction and usage, of such or any part thereof in any manner whatsoever; host, including but not limited to the storage of the content; modify, including but not limited to the adaption, creation of derivative works, and translation; and to retain any data derived from the content and the use of the Services without consideration. The rights granted by the User within this licence are for the limited purpose of developing, improving, operating, and promoting the Services, and shall continue should the User cease to use said Services. Where stipulated in the Privacy documentation, the User shall have the right to restrict and remove access to specific content submitted within the parts thereof the Services. In using the Services, the User acknowledges and accepts that they have the necessary rights to any content that they submit to uthinki in order for the User to grant and validate this licence as binding.

The User of the Services may not attempt to extract, copy, distribute, lease, modify, reverse engineer, or sell any part of the Services or any associated or included software, including its source code, unless so permitted under the applicable law such that said restrictions do not apply, or the User has been given express written permission by uthinki to do so and they shall be held accountable under such specific conditions accordingly. The User shall respect uthinki’s intellectual property.

Disclaimers and Liability Regarding Services

Any and all Services are provided “as is” with the User of the Services agreeing to protect and indemnify uthinki in respect to and of any liability to which uthinki may be exposed to in the event of the User’s action or actions, including but not limited to, the User’s created content and the User having made a false declaration or as a consequence of that falsity, where any such consequence or consequences encompass both the User and any others be they users or otherwise, which may have arisen through the use of the Services.

A disclaimer applies that within the Services, all responses and their correctness within the Game are subject to users within the sample, and should only be used for general information and entertainment purposes only, and should not be extended beyond or contrary to this. Any such usage is the responsibility of the User, including any interpretation of the results.

No assurance is made by uthinki that actual outcomes will not differ materially from what the User may infer from the information and the data and the use of the Services; the information and the data provided are indicative only.

Content within the Services are likely opinions and may not be facts, the User makes use of these at their own discretion and risk, and hence, the User is responsible for any and all actions and consequences which may, or may not, arise from reliance on the information and the data. Seeking the advice of the relevant trained professional is suggested. The User shall not hold uthinki liable for anything depicted or discussed on its website, or in the Game, or within its associated Services as a part or whole, and as such uthinki accepts no responsibility for errors or omissions, including but not limited to negligence, or for any claim of damages or losses which may arise from reliance upon the content.

Whilst content falls within the scope of the Services provided by uthinki, it does not mean that uthinki endorses any of said content, or that the content in any way reflects the views of uthinki (unless expressly stated so in writing, as above), and content is and remains the responsibility of the User who generated it.

The User may expect a reasonable level of quality to the data generated by the Services, subject to the stated caveats regarding sampling, such that uthinki only guarantees the reasonably foreseeable integrity of the data itself, but not necessarily the correctness of said data, such that where permitted by law uthinki will not be held responsible for any economic or financial losses, lost data, or any consequential, indirect, or punitive damages, including claims of libel, which may thereof arise.

Interpretation and Enforceability of the Terms and Privacy Documentation

Modification of the Terms and Privacy documentation can and will occur, and may be the consequence of an applicable law. The right is reserved by uthinki to make changes to its Game, Privacy, Services and Terms at any time. The User is expected to be familiar with the Terms and the Privacy documentation, and shall reasonably be made aware should material changes to them occur. Changes shall be effective immediately upon announcement; uthinki may offer a grace period at its discretion, yet is under no obligation to do so. Should the User disagree with any of the Terms or Privacy documentation, in part or whole, updated or otherwise, the User should cease to use the relevant component or components of the Services or cease to use the Services entirely.

The Terms and Privacy documentation are applicable only between the User and uthinki; they do not create or grant any additional obligations or rights to any third party.

Should the User not comply with the Terms or Privacy documentation, and uthinki does not take action on said non-compliance, it does not mean that uthinki accepts or endorses the User’s actions nor that uthinki will not take the appropriate action in the future; uthinki retains and reserves the right to take action at any time following non-compliance with the Terms or Privacy documentation, yet it should not be implied or inferred that it is under an obligation to do so.

Where these Terms and the Privacy documentation may be considered as subject to interpretation, the interpretation of them shall be in a manner which favours and protects uthinki, and the User accepts and acknowledges their use of the Services as such, is contingent upon this clause.

Severability applies in that any and all parts of the Terms and Privacy documentation deemed to be contradictory or inconsistent or void shall not render invalid any other parts of the Terms or Privacy documentation, and should additional conditions be placed upon the User’s usage of the Services these additional conditions shall prevail to the extent of the inconsistency, notwithstanding the fact that should any particular component of the Terms or Privacy documentation be deemed or rendered unenforceable, this does not affect either the enforceability or validity of any remainder of the Terms or Privacy documentation.