Last updated 12 February 2011.
On this page “us", "we" and "our" mean Thirsty Minds Pty Ltd (ABN 11 128 533 871). We are the Australian company that owns and operates the sprixi.com website (“Sprixi”).
Your use and continued access to Sprixi constitutes your agreement to these Terms and Conditions. We may change these Terms and Conditions at any time by posting them on Sprixi. The amended Terms and Conditions will be effective immediately.
Should the images, text and content shown on Sprixi ("Content") and the Terms and Conditions not satisfy the laws of your country then Sprixi is not intended for your use and you agree to indemnify us for any loss or damage which you may incur as a consequence.
You use images found on Sprixi at your own risk.
Sprixi is like a search engine in that we show a lot of content on our website that is not ours. We do our best to only show you appropriate images and content, however we are not completely in control. The inclusion of any image or link does not mean we endorse it.
We are not responsible for correctness of image licences. You recognise that someone may assign an image a licence when they don’t have the right to. Therefore, we don't guarantee that the content we show or link to is actually in the public domain or under the licence indicated. It is your responsibility to verify an image's licence before you use it.
It is your responsibility to read the image licence legal code and not rely on any summaries we provide.
We warn you to be careful using images of people and children, especially for commercial purposes. You will most likely need to get a "model release" from the people in the image otherwise you could be infringing on a right of privacy or publicity. Do not assume the subjects of photos have consented to have their image used for anything. The same goes for images of private property, events, landmarks, attractions, artworks and copyrighted material. We warn you that the more "commercial" your use of the image is, the larger the potential liability you are exposed to.
We do not take responsibility for the accuracy of our suggested attribution for an image. The author of the image may not want their image attributed the way Sprixi suggests. It is your responsibility to check with the image author.
You may not use any image from Sprixi for unlawful, immoral, defamation, derogatory, violent, pornographic or similar questionable or sensitive purposes. If someone has let you use their image for free, please respect them, their image and the subjects of the image.
You understand that any links or codes we generate are not guaranteed to be permanent or may not work consistently.
You must be age 16 or older to use Sprixi.
You will require a PayPal account to pay for Sprixi. We do not store or even see your credit card details; all payment info is handled by PayPal's secure site.
Sprixi is billed in advance on a monthly basis and is non-refundable. While you can cancel your subscription at any time (using a link on the website, accessed through "Manage account"), we do not refund subscription fees already paid.
We can change the prices of Sprixi at any time, subject to 30 days notice from us. We provide the notice on the website or via email sent to the email address provided by you at the time of your sign up. It is up to you to make sure this address is up to date, and to check your spam folder for any messages for us if they are filtered there.
You are responsible for payment of all taxes, levies or duties.
Unless noted otherwise, references to price are in Australian dollars.
Unless noted otherwise, Australian GST is included in the price if your PayPal address is in Australia. If you require an tax invoice for GST purposes, please ask us using "Contact us" link at the bottom of page.
If you have an account with Sprixi you might, now or in the future, be able to upload images ("Uploaded Images") to Sprixi. You are solely responsible for your own Uploaded Images and the consequences of uploading them.
As Sprixi only shows images with certain licences, you must licence your Uploaded Images by choosing from the available licences. You affirm that you have the right to licence your Uploaded Images in such a manner and have read and understand the appropriate licence deed. If you are unsure, then do not upload that image to Sprixi. Specifically you agree that you will not submit material for which you don't own the copyright. The "before licensing" page on the Creative Commons website might be helpful to you.
You further agree that you will not submit material that is inappropriate, especially violent or pornographic images and images containing commercial logos or watermarks.
We do not endorse any Uploaded Image and we disclaim all liability in connection with all uploaded content as well as images from third party sites that we search. We reserve the right to remove anything from Sprixi without warning. Do not use Sprixi as a personal storage system.
The information we collect
We collect contact information such as your name and email address. We do not store or even see your credit card details; all payment info is handled by PayPal's secure site.
We also collect information concerning how you use Sprixi. This includes what you search for and which images you click on, rate, use, download or upload, as well as other activities. Do not use Sprixi if you do not want such things recorded.
How we collect it
We collect your information through your interaction with the Sprixi website. We may also collect information when you communicate with us by email, phone or in writing.
Why we collect it
We collect your contact information to let us manage your Sprixi account. For example, if you forget your password, we use your email address to send you a password reset link.
We collect information about your use of Sprixi to improve Sprixi, especially for image sorting. We also use your usage information to analyse statistics, fix problems and minimise nuisances.
We may also use the information we collect to communicate with you, verify your identity, investigate complaints or investigate possible breaches of these Terms and Conditions or unlawful acts.
How we disclose it
We will not use your contact information for any purpose that a reasonable person in your position would not expect. For example, we will not provide your personal information to others for any purpose which is not incidental to your use of Sprixi.
Your usage information may be displayed publicly on Sprixi. For example the images you upload will be displayed on your user page, and the searches you conduct will be listed on the browse page.
We may communicate with you from time to time in relation to your account or Sprixi itself. You will generally be given the opportunity to opt out from receiving communications from us.
You provide information to us at your own risk. We will take all reasonable steps to protect the personal information that we hold. For example, we save your password in a form that should be impossible to decrypt by anyone, including us.
All payment information is handled by PayPal's secure site. We do not (and cannot) see your credit card details.
Accessing and updating
You can access and update the personal information we hold about you. You can do this online by logging in to your Sprixi account and then clicking on your name in the top right corner of the screen.
For anything in relation to the privacy of your information, please contact us using the feedback form.
Except for where indicated, the content of Sprixi copyright is held by us and is protected by Australian and international copyright law (e.g. the Sprixi logo).
We make no representations about the accuracy, reliability, completeness or timeliness of the content you see on Sprixi. We make changes all the time. The use of Sprixi and its content is at your own risk.
The Sprixi website and its content are provided on an "as is" basis without any warranties of any kind. We disclaim all warranties to the fullest extent permitted by law. We do not warrant that Sprixi will operate error free or that Sprixi is free of viruses or other nasties. You must take your own precautions. We are not responsible for costs incurred by you through your use of Sprixi. We do not warrant that we will be able to prevent any illegal or inappropriate use of Sprixi.
We, our suppliers, or any third parties mentioned on Sprixi shall not be liable for any loss or damage whatsoever resulting from the use or access to or inability to use and access Sprixi and its content.
You agree to release us (and our agents and employees) from liability for any claims, demands and damages (actual and consequential) in any way connected with disputes regarding images or sites that do not belong to us.
You indemnify us, regardless of any negligence on our part, against all losses, liabilities and expenses incurred by you arising out of a breach of any provision of these Terms and Conditions or any unlawful or negligent act by you.
Sprixi uses the Flickr API but is not endorsed or certified by Flickr.
We may terminate this agreement and your access to Sprixi at any time without notice. In the event of termination, you are no longer authorised to access Sprixi. All restrictions imposed on you, disclaimers and limitations of liability set out in the Terms and Conditions will survive termination.
The Terms and Conditions are governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales.
If any provision of the Terms and Conditions is found to be invalid or unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.