Terms of Service - Last Updated March 2013


  1. Introduction
    1. Your use of the Bitmado service (hereafter "SERVICE") via a mobile application provided by 1SPIRE is subject to the terms of a legal agreement between you and 1SPRIRE. "1SPIRE" means 1Spire, Inc., whose principal place of business is at 1210 West Clay, Suite 23, Houston, Texas 77019. This document explains how the agreement is made up, and sets out the terms of that agreement.
    2. Unless otherwise agreed in writing with 1SPIRE, your agreement with 1SPIRE will always include, at a minimum, the terms and conditions set out in this document.
    3. This agreement forms a legally binding agreement between you and 1SPIRE in relation to your use of the SERVICE. It is important that you take the time to read this agreement carefully.
    4. By using the SERVICE you are agreeing to be bound by the following terms and conditions ("Terms of Service").
    5. CONTENT shall mean collectively any data, text, links, information, graphics, photos, and/or audio and video clips.
  2. Basic Terms
    1. You must be 13 years or older to use this SERVICE.
    2. You may not post nude, partially nude, or sexually suggestive photos.
    3. You are responsible for any activity that occurs under your account.
    4. You are responsible for keeping your account secure.
    5. You must not abuse, harass, threaten, impersonate or intimidate other users of the SERVICE.
    6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("CONTENT") that you submit, post, and display on the SERVICE.
    7. In order to use the SERVICE, you will need to download a copy of the mobile application onto your mobile device. You are responsible for any activity performed within the mobile application downloaded on your mobile device including, but not limited to, purchasing CONTENT from 1SPIRE (or another third party) on or through the mobile application.
    8. You may not use the SERVICE for any illegal or unauthorized purpose. International users must agree to comply with all local laws regarding online conduct and acceptable CONTENT.
    9. You must not modify, adapt or hack the SERVICE.
    10. You must not access the SERVICE's private API by any means other than the mobile application provided by 1SPIRE.
    11. You must not crawl, scrape, or otherwise cache any CONTENT from the SERVICE.
    12. You must not transmit any worms or viruses or any code of a destructive nature on or through the SERVICE.
    13. You must not, in the use of the SERVICE, violate any laws in your jurisdiction (including but not limited to copyright laws).
    14. Violation of any of any of the Terms of Service will result in the termination of your use of the SERVICE. While 1SPIRE prohibits certain conduct and the displaying of certain CONTENT on the SERVICE, you understand and agree that 1SPIRE cannot be responsible for the conduct of the users of the SERVICE or the CONTENT displayed on its SERVICE and you nonetheless may be exposed to such materials and that you use the SERVICE at your own risk.
  3. General Conditions
    1. 1SPIRE reserves the right to modify or terminate the SERVICE for any reason, at any time without notice to you.
    2. 1SPIRE reserves the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, 1SPIRE will notify you via email or through the mobile application. What constitutes a "material change" will be determined at 1SPIRE's sole discretion, in good faith and using common sense and reasonable judgment.
    3. 1SPIRE reserves the right to refuse access to the SERVICE to anyone for any reason at any time.
    4. 1SPIRE may, but has no obligation to, remove CONTENT and accounts that 1SPIRE determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
    5. 1SPIRE reserves the right to delete any CONTENT for any reason, without prior notice to you. Deleted CONTENT may be stored by 1SPIRE in order to comply with certain legal obligations but is not retrievable by you without a valid court order. 1SPIRE will not be liable to you for any modification, suspension, or discontinuation of the SERVICE, or the loss of any CONTENT.
    6. 1SPIRE may provide you with the opportunity to purchase CONTENT for use with the SERVICE. The price of any CONTENT purchased through the SERVICE will be the price specified at the time of your purchase. Prices for all CONTENT exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges.
    7. Your purchase of CONTENT constitutes your acknowledgement that you are of legal age to form a binding contract, and if not of legal age that you have placed such order with the involvement of a parent or legal guardian, and that you are not a person barred from using or receiving the CONTENT by any local, state, federal or international law. You may use a credit card to pay for CONTENT. When you provide credit card information for the purchase, you represent that you are the authorized user of the credit card that is used to pay for the CONTENT.
  4. Intellectual Property Rights
    1. 1SPIRE does not claim any ownership rights in the CONTENT that you post on or through the SERVICE. By displaying or publishing ("posting") any CONTENT on or through the SERVICE, you hereby grant to 1SPIRE a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such CONTENT, including without limitation (a) distributing part or all of the CONTENT in any media format through any media channel and (b) performing technical functions necessary to offer the SERVICE, including but not limited to transcoding and/or reformatting CONTENT to allow its use throughout the SERVICE.
    2. You represent and warrant that: (i) you own the CONTENT posted by you on or through the SERVICE or otherwise have the right to grant the license set forth in Section 4.1, (ii) the posting and use of your CONTENT on or through the SERVICE does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or any legal entity, and (iii) the posting of your CONTENT on or through the SERVICE does not result in a breach of contract between you and any third party.
    3. You agree to defend and indemnify 1SPIRE and to hold 1SPIRE harmless from and against any claims, suits or other proceedings, actions, losses, costs, liabilities or expenses incurred in connection with the defense thereof (including reasonable attorney's fees), in each case which may be imposed on, or incurred by or asserted against 1SPIRE in any way arising out of or relating to your violation of any person's or legal entities' rights related to CONTENT you post or otherwise provide to the SERVICE.
    4. The SERVICE may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that 1SPIRE may place such advertising and promotions on the SERVICE or on, about, or in conjunction with your CONTENT. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
    5. The SERVICE contains CONTENT of users and other third parties. Except as provided within these Terms of Service, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any CONTENT appearing on or through the SERVICE.
    6. The SERVICE may contain CONTENT of 1SPIRE ("1SPIRE CONTENT"). 1SPIRE CONTENT is protected by copyright, trademark and/or other laws (as appropriate), and 1SPIRE owns and retains all rights in the 1SPIRE CONTENT. 1SPIRE hereby grants you a limited, revocable, non-exclusive, nonsublicensable license to reproduce and display the 1SPIRE CONTENT solely for your personal use in connection with using the SERVICE provided that you comply with these Terms of Service.
    7. 1SPIRE owns and retains all intellectual property rights in the SERVICE. 1SPIRE hereby grants you a limited revocable, non-exclusive, nonsublicensable license to use the SERVICE provided that you comply with these Terms of Service.
  5. Miscellaneous Provisions
    1. NOTHING IN THESE TERMS OF SERVICE INCLUDING SECTIONS 5.2-5.5 SHALL EXCLUDE OR LIMIT 1SPIRE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
    3. IN PARTICULAR, 1SPIRE DOES NOT REPRESENT OR WARRANT TO YOU THAT:
      1. YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS,
      2. YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
      3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND
      4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
    4. ANY MATERIAL (INCLUDING EXECUTABLE CODE AND CONTENT) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU, AND NOT 1SPIRE, WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    5. 1SPIRE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    6. SUBJECT TO OVERALL PROVISIONS IN SECTION 5.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1SPIRE SHALL NOT BE LIABLE TO YOU FOR:
      1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
      2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (A) ANY CHANGES WHICH 1SPIRE MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE); AND (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE.
    7. THE LIMITATIONS ON 1SPIRE'S LIABILITY TO YOU IN PARAGRAPH 5.6 ABOVE SHALL APPLY WHETHER OR NOT 1SPIRE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
    8. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF 1SPIRE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID 1SPIRE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
    9. With respect to CONTENT you purchase pursuant to Sections 3.6-3.7, 1SPIRE shall not be liable for any errors on billing statements issued to you by your mobile phone carrier. 1SPIRE will make commercially reasonable efforts to help you obtain compatible CONTENT for your mobile phone. 1SPIRE shall only be liable for the amount paid for the purchased CONTENT in the event that you are unable to view the purchased CONTENT via the mobile application provided by 1SPIRE on your mobile phone. 1SPIRE shall not be liable for any defects or other problems associated with the purchased CONTENT. 1SPIRE accepts ABSOLUTELY NO RETURNS on purchased CONTENT. If you have other questions in connection with any purchased CONTENT, please contact 1SPIRE at feedback@1spire.com.
    10. You agree that if 1SPIRE does not exercise or enforce any legal right or remedy which is contained in the Terms of Service (or which 1SPIRE has the benefit of under any applicable law), this will not be taken to be a formal waiver of 1SPIRE's rights and that those rights or remedies will still be available to 1SPIRE.
    11. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.
    12. You and 1SPIRE agree that the Terms of Service, and your relationship with 1SPIRE under the Terms of Service, shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions.
    13. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND 1SPIRE, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "1SPIRE") arising from or relating to the Terms of Service, its interpretation, or the breach, termination or validity thereof, the relationships which result from the Terms of Service (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement) SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE HELD IN HOUSTON, TEXAS AND CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION SHALL BE CONDUCTED BEFORE THREE ARBITRATORS, ONE SELECTED BY EACH OF THE PARTIES, AND THE THIRD SELECTED BY THE FIRST TWO ARBITRATORS. JUDGMENT UPON THE AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF THE AWARD AND IN ORDER OF ENFORCEMENT AS THE CASE MAY BE.