Terms of Service

Resighting runs a website, resighting.com and our service is free to use. The website allows you to mark the location of things which you see every day and to discover and rediscover things which you and others have sighted before. How you use the website is up to you, but please remember that you are part of a community and so whilst you should be free to express yourself as you wish, you must also remember there are others who have thoughts, opinions, beliefs and a voice which must be respected as much as your own. If you act in a responsible and reasonable way it is unlikely you will fall-foul of the Terms of Service laid-out below, but please make sure you have read and understood them.

Terms of Service

The following terms and conditions govern all use of the resighting.com website and all content available at or through it (the "Website"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Resighting's Privacy Policy) and procedures that may be published from time to time on this Website (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Resighting, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your resighting.com Account. If you create an account on the Website, you are responsible for maintaining the security of that account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not name your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Resighting may change or remove any account named in a way that it considers inappropriate or unlawful, or otherwise likely to cause Resighting liability. You must immediately notify Resighting of any unauthorised use of your account or any other breaches of security. Resighting will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you create an account and post material to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, images or other type of Content. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence or hate towards individuals, entities or groups, and does not violate the privacy or publicity rights of any third party;
    • your account or Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods; and
    • your account is not named in a manner that misleads others into thinking that you are another person or company. For example, your account's username, URL or name are not the name of a person other than yourself or company other than your own.

    By submitting Content to the Website, you grant Resighting a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account.

    Without limiting any of those representations or warranties, Resighting has the right (though not the obligation) to, at Resighting's sole discretion (i) refuse or remove any content that in Resighting's reasonable opinion violates any Resighting policy, or (ii) terminate or deny access to the Website to any individual or entity who violates any Resighting policy.

  3. Responsibility of Website Visitors. Resighting has not reviewed and cannot review all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Resighting does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy, publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Resighting disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites. We have not reviewed and cannot review all of the material made available through the websites and webpages that link to resighting.com. Resighting does not have any control over those websites and webpages, and is not responsible for their content or their use.
  5. Copyright Infringement. As Resighting asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on the Website violates your copyright, you are encouraged to notify Resighting. Resighting will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Resighting will terminate accounts on the Website if, under appropriate circumstances, the account holder is determined to be a repeat infringer of the copyrights or other intellectual property rights of Resighting or others.
  6. Intellectual Property. This Agreement does not transfer from Resighting to you any Resighting or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Resighting. Resighting, the Resighting logo, and all other graphics and logos used in connection with the Website are owned by Resighting. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Resighting or third-party trademarks.
  7. Changes. Resighting reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Resighting may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  8. Termination. Resighting may terminate your access to all or any part of the Website at any time, with or without notice. If you wish to terminate this Agreement or your resighting.com account, you may simply discontinue using the Website. Resighting can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  9. Disclaimer of Warranties. The Website is provided "as is". Resighting hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Resighting makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  10. Limitation of Liability. In no event will Resighting be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Resighting shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Resighting Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside); and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  12. Indemnification. You agree to indemnify and hold harmless Resighting and its directors and employees from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  13. Miscellaneous. This Agreement constitutes the entire agreement between Resighting and you concerning the subject matter hereof, and may only be modified by the posting by Resighting of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Resighting may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change Log

23rd May 2012: Second Issue. Clarifying the circumstances under which content may be removed from the site and user access may be terminated.

13th June 2011: First Issue

Many thanks to Automattic for providing the WordPress.com (a great blogging service that we use to host our blog) Terms of Service under a Creative Commons Sharealike license for others to use. This has saved us much time and pain. As is only fair, we also provide these Terms of Service under the same Creative Commons Sharealike license, so feel free to take them and use as your own, just make sure you replace references to us with ones to you. However, we do respectfully suggest that you go back to the original and begin with the WordPress Terms of Service as the starting point for your own and acknowledge Automattic instead of us, as they put in all the hard work.

Resighting and resighting.com are in no way affiliated with or endorsed by Automattic or WordPress.com.