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
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.
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.
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
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
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
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
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.
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.
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.
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.
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.
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.
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.
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.
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
General Representation and Warranty. You represent and warrant that
(i) your use of the Website will be in strict accordance with the Resighting
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.
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.
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.
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.