Shoofnee Pty Ltd (referred to as “Shoofnee”)
- Welcome to Shoofnee!
We’re excited to have you here. These Terms, together with the linked policies, govern your use of our services, which include the website (shoofnee.io), apps, and other related software or features (collectively called the “Platform” or “Shoofnee”). When we use terms like “we,” “our,” or “us,” we’re referring to Shoofnee Pty Ltd ABN 97 669 391 146 (Shoofnee) and our affiliated companies. By using Shoofnee, you agree to these Terms & Conditions (“Terms”) and the additional policies linked here and on the Platform. Please read these Terms carefully. If you have any questions, feel free to contact us. If you don’t agree with these Terms, please do not use Shoofnee.
- Changes to these Terms
Shoofnee is always evolving. Occasionally, we may update the Platform or these Terms to reflect changes in our business, the Platform (including discontinuation of features), legal or commercial reasons, or to protect our interests. We can make these changes at any time, so it’s your responsibility to review these Terms periodically. If a change negatively impacts you significantly, we will make our best effort to notify you at least 1 month before the change takes effect (e.g., via a notification on the Platform). Continued use of the Platform after any changes constitutes acceptance of the revised Terms. If you disagree with the changes, please stop using Shoofnee and cancel your account.
- Your Account
To create an account and use Shoofnee, you must be at least 18 years old. If you’re creating an account on behalf of someone else, you must have their permission. You are responsible for your account and must ensure it is used legally. By creating an account, you agree to comply with these Terms and confirm you are over 18 and legally able to enter into these Terms. You must provide accurate information about yourself and update us with any changes. If using Shoofnee on behalf of a business or individual, you confirm you are authorized to agree to these Terms for them. Keep your login details and password secure and do not share them. If you suspect your account has been compromised, contact us immediately. You must not transfer your account or use it in a way that could damage Shoofnee’s reputation or infringe on others' rights.
- Your Username
When creating an account, choose a username that respects others' rights. It should not infringe on intellectual property rights, business or celebrity name or be offensive or unrelated. If issues arise with your username, we may ask you to change it. If you refuse, we may suspend or terminate your account. If a third party claims your username infringes on their intellectual property rights, they must file an Intellectual Property report, and you can respond with a Counter Notice. If your account has been inactive for 6 months, we may reclaim or reassign your username, but we will contact you first.
- Your Content
We value the diverse content our users contribute! To ensure a safe environment, we have community standards outlining acceptable content. Please adhere to these standards; otherwise, we may suspend or remove your account. Your “content” includes text, graphics, videos, links, products, and other materials you add to your profile. You are responsible for your content and must ensure that:
- It is either your own or you have the right to share third-party materials on Shoofnee.
- It does not infringe on others' privacy, publicity, or intellectual property rights.
- It is accurate and truthful, not misleading, deceptive, or illegal, and does not harm our reputation.
- It is free from harmful elements like viruses.
- It does not use automated tools to collect information from the Platform.
- It does not contain unauthorized ads, solicitations, or endorsements.
- It complies with our Community Standards.
Laws vary by region, so content legal in one area may not be in another. We reserve the right to remove or restrict content to keep Shoofnee safe.
- What We Can Do With Your Content
We appreciate your content and want to showcase it. By posting content on Shoofnee, you grant us a license to use, display, distribute, modify, adapt, and create derivative works from your content, as well as use your name, image, and likeness for marketing purposes. This license is global, royalty-free, and perpetual, allowing us to use your content worldwide without compensation. You retain your rights to your content but acknowledge it will be publicly accessible and may be shared by others. Avoid posting personal information that could be harmful if exposed. We may modify or remove content that does not comply with these Terms or apply warnings to sensitive content.
- Suspension or Cancellation of Your Account
If you do not comply with these Terms, Community Standards, or other linked policies, we may suspend or cancel your account or take other actions regarding your account or the Platform. Measures will vary based on the nature of non-compliance. For significant or repeated breaches, suspension or cancellation is more likely. We usually notify you before taking such actions, but we are not obligated to do so. No refunds will be given for prepaid fees, and we are not responsible for content lost due to account suspension or cancellation. If you believe your account was wrongly canceled or encounter issues, contact us on our social media pages. We will make a good-faith effort to resolve the issue before either party considers legal action.
- Feedback
We welcome your ideas on improving Shoofnee! If you provide feedback or participate in beta testing, we may use your feedback without compensating you. Beta features are experimental and may not be as reliable as other Platform features.
- Our Platform
As the Platform owners, we grant you a limited right to use it for sharing and interacting with content. We are not responsible for content, products, or services available through other users’ profiles. All rights, including intellectual property rights related to the Platform (excluding your content), are owned by Shoofnee or our licensors. You do not acquire rights to Shoofnee IP and may not use it for any purpose without our written permission. Use of images, icons, themes, and other content provided by us should be limited to your profile and in accordance with any guidelines provided. Do not alter or remove proprietary notices. Copying, reproducing, or reverse-engineering the Platform is prohibited. When using the Platform as a visitor or using our search engine, you have a limited right to view and interact with it. We are not responsible for the content posted by other users.
- Privacy
Protecting user privacy is a priority for us. Our Privacy Notice details how we handle your personal data. Any data generated from your use of the Platform (“Data”) is owned by Shoofnee. We may provide Data Analytics but make no guarantees about their accuracy.
- Confidentiality
Occasionally, we may share confidential information with you, such as details about upcoming features. You must keep such information secure and use reasonable measures to prevent unauthorized access. If you are in a Beta trial, we will indicate what information can be shared publicly.
- Recommended Content
We may suggest products or content that may interest you based on the data you provide and our knowledge of other users. These recommendations do not constitute an endorsement of the products or content by Shoofnee.
- Liability
We are not responsible for how you use the Platform, and it is important to back up your content. We are not liable for damages resulting from actions related to the Platform, including downloading, installing, or using it. You are responsible for protecting your data and devices. You agree to indemnify us for losses arising from breaches of these Terms or third-party claims related to your content. We are not liable for indirect, punitive, special, incidental, or consequential damages, including loss of business or data. Our liability is limited to the greater of the fees you paid us in the 12 months prior to the liability.
- Disclaimers
The Platform is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, including uninterrupted availability, error correction, or freedom from viruses. We do not guarantee that the Platform will meet your needs or that content is accurate or reliable. These disclaimers apply to the fullest extent allowed by law.
- Third-Party Services
We may offer access to third-party products or services within the Platform. We do not endorse or warrant these third-party offerings and are not responsible for refunds related to third-party transactions. Your use of third-party services is subject to their terms and conditions.
- Open Source
The app includes open source software components with their own licenses. Refer to our Open-Source Content library in the ‘Legal’ section of the app for specific terms. These licenses govern your rights and responsibilities for those components.
- A Few Last Things
Before using Shoofnee, note the following:
- Local laws may apply and take precedence over these Terms if there is a conflict.
- These Terms, including the Privacy Notice and linked policies, constitute the entire agreement between you and us. Any invalid part of these Terms will be removed, but the remainder will stay in effect.
- These Terms are governed by the laws of New South Wales and the Commonwealth of Australia, with exclusive jurisdiction in those areas. Failure to enforce any part of these Terms does not waive our rights.
If you have any questions or comments, please contact us on our social media pages.