1. Your relationship with The Inspiration Room™
1.1 Your use of The Inspiration Room™'s products, software, services and web
sites (referred to collectively as the "Services" in
this document and excluding any services provided to you by
The Inspiration Room™ under a separate written agreement) is subject to the
terms of a legal agreement between you and The Inspiration Room™.
"The Inspiration Room™" means The Inspirational People Pty Ltd, whose principal
place of business is at 5/40 Green Street, Prahran, Melbourne, Australia. This document
explains how the agreement is made up, and sets out some of
the terms of that agreement.
1.2 Unless otherwise agreed in writing with The Inspiration Room™, your
agreement with The Inspiration Room™ will always include, at a minimum, the
terms and conditions set out in this document. These are
referred to below as the "Universal Terms".
1.3 Your agreement with The Inspiration Room™ will also include the terms of
any Legal Notices applicable to the Services, in addition to
the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to
a Service, these will be accessible for you to read either
within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms,
form a legally binding agreement between you and The Inspiration Room™ in
relation to your use of the Services. It is important that you
take the time to read them carefully. Collectively, this legal
agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional
Terms say and what the Universal Terms say, then the
Additional Terms shall take precedence in relation to that
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the
Terms. You may not use the Services if you do not accept the
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this
option is made available to you by The Inspiration Room™ in the user
interface for any Service; or
(B) by actually using the Services. In this case, you
understand and agree that The Inspiration Room™ will treat your use of the
Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms
if (a) you are not of legal age to form a binding contract
with The Inspiration Room™, or (b) you are a person barred from receiving
the Services under the laws of the United States or other
countries including the country in which you are resident or
from which you use the Services.
2.4 Before you continue, you should print off or save a local
copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where The Inspiration Room™ has provided you with a translation of the
English language version of the Terms, then you agree that the
translation is provided for your convenience only and that the
English language versions of the Terms will govern your
relationship with The Inspiration Room™.
3.2 If there is any contradiction between what the English
language version of the Terms says and what a translation
says, then the English language version shall take precedence.
4. Provision of the Services by
The Inspiration Room™
4.1 The Inspiration Room™ has subsidiaries and affiliated legal entities
around the world (Subsidiaries and Affiliates). Sometimes,
these companies will be providing the Services to you on
behalf of The Inspiration Room™ itself. You acknowledge and agree that
Subsidiaries and Affiliates will be entitled to provide the
Services to you.
4.2 The Inspiration Room™ is constantly innovating in order to provide the
best possible experience for its users. You acknowledge and
agree that the form and nature of the Services which The Inspiration Room™ provides may change from time to time without prior notice to
4.3 As part of this continuing innovation, you acknowledge and
agree that The Inspiration Room™ may stop (permanently or temporarily)
providing the Services (or any features within the Services)
to you or to users generally at The Inspiration Room™'s sole discretion,
without prior notice to you. You may stop using the Services
at any time. You do not need to specifically inform The Inspiration Room™ when you stop using the Services.
4.4 You acknowledge and agree that if The Inspiration Room™ disables access
to your account, you may be prevented from accessing the
Services, your account details or any files or other content
which is contained in your account.
4.5 You acknowledge and agree that while The Inspiration Room™ may not
currently have set a fixed upper limit on the number of
transmissions you may send or receive through the Services or
on the amount of storage space used for the provision of any
Service, such fixed upper limits may be set by The Inspiration Room™ at any
time, at The Inspiration Room™s discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required
to provide information about yourself (such as identification
or contact details) as part of the registration process for
the Service, or as part of your continued use of the Services.
You agree that any registration information you give to
The Inspiration Room™ will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are
permitted by (a) the Terms and (b) any applicable law,
regulation or generally accepted practices or guidelines in
the relevant jurisdictions (including any laws regarding the
export of data or software to and from the United States or
other relevant countries).
5.3 You agree not to access (or attempt to access) any of the
Services by any means other than through the interface that is
provided by The Inspiration Room™, unless you have been specifically allowed
to do so in a separate agreement with The Inspiration Room™. You
specifically agree not to access (or attempt to access) any of
the Services through any automated means (including use of
scripts or web crawlers) and shall ensure that you comply with
the instructions set out in any services.txt file present on
5.4 You agree that you will not engage in any activity that
interferes with or disrupts the Services (or the servers and
networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a
separate agreement with The Inspiration Room™, you agree that you will not
reproduce, duplicate, copy, sell, trade or resell the Services
for any purpose. 5.6 You agree that you are solely responsible
for (and that The Inspiration Room™ has no responsibility to you or to any
third party for) any breach of your obligations under the
Terms and for the consequences (including any loss or damage
which The Inspiration Room™ may suffer) of any such breach.
6. Your passwords and account
6.1 You agree and understand that you are responsible for
maintaining the confidentiality of passwords associated with
any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible
to The Inspiration Room™ for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your
password or of your account, you agree to notify The Inspiration Room™ immediately at [email protected].
7. Privacy and your personal
7.1 For information about The Inspiration Room™'s data protection practices,
please contact The Inspiration Room™ at
The Inspiration Room™ treats your personal information, and protects your
privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with
The Inspiration Room™'s privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files,
written text, computer software, music, audio files or other
sounds, photographs, videos or other images) which you may
have access to as part of, or through your use of, the
Services are the sole responsibility of the person from which
such content originated. All such information is referred to
below as the "Content".
8.2 You should be aware that Content presented to you as part
of the Services, including but not limited to advertisements
in the Services and sponsored Content within the Services may
be protected by intellectual property rights which are owned
by the sponsors or advertisers who provide that Content to
The Inspiration Room™ (or by other persons or companies on their behalf).
You may not modify, rent, lease, loan, sell, distribute or
create derivative works based on this Content (either in whole
or in part) unless you have been specifically told that you
may do so by The Inspiration Room™ or by the owners of that Content, in a
8.3 The Inspiration Room™ reserves the right (but shall have no obligation)
to pre-screen, review, flag, filter, modify, refuse or remove
any or all Content from any Service. For some of the Services,
The Inspiration Room™ may provide tools to filter out explicit sexual
content. In addition, there are commercially available
services and software to limit access to material that you may
8.4 You understand that by using the Services you may be
exposed to Content that you may find offensive, indecent or
objectionable and that, in this respect, you use the Services
at your own risk.
8.5 You agree that you are solely responsible for (and that
The Inspiration Room™ has no responsibility to you or to any third party
for) any Content that you create, transmit or display while
using the Services and for the consequences of your actions
(including any loss or damage which The Inspiration Room™ may suffer) by
9. Proprietary rights
9.1 You acknowledge and agree that The Inspiration Room™ (or The Inspiration Room™'s
licensors) own all legal right, title and interest in and to
the Services, including any intellectual property rights which
subsist in the Services (whether those rights happen to be
registered or not, and wherever in the world those rights may
exist). You further acknowledge that the Services may contain
information which is designated confidential by The Inspiration Room™ and
that you shall not disclose such information without The Inspiration Room™'s
prior written consent.
9.2 Unless you have agreed otherwise in writing with The Inspiration Room™,
nothing in the Terms gives you a right to use any of The Inspiration Room™'s
trade names, trade marks, service marks, logos, domain names,
and other distinctive brand features.
9.3 If you have been given an explicit right to use any of
these brand features in a separate written agreement with
The Inspiration Room™, then you agree that your use of such features shall
be in compliance with that agreement, any applicable
provisions of the Terms, and The Inspiration Room™'s brand feature use
guidelines as updated from time to time. These guidelines can
be obtained by sending an email to
(or such other email address/URL as The Inspiration Room™ may provide for
this purpose from time to time).
9.4 Other than the limited license set forth in Section 11,
The Inspiration Room™ acknowledges and agrees that it obtains no right,
title or interest from you (or your licensors) under these
Terms in or to any Content that you submit, post, transmit or
display on, or through, the Services, including any
intellectual property rights which subsist in that Content
(whether those rights happen to be registered or not, and
wherever in the world those rights may exist). Unless you have
agreed otherwise in writing with The Inspiration Room™, you agree that you
are responsible for protecting and enforcing those rights and
that The Inspiration Room™ has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any
proprietary rights notices (including copyright and trade mark
notices) which may be affixed to or contained within the
9.6 Unless you have been expressly authorized to do so in
writing by The Inspiration Room™, you agree that in using the Services, you
will not use any trade mark, service mark, trade name, logo of
any company or organization in a way that is likely or
intended to cause confusion about the owner or authorized user
of such marks, names or logos.
10. License from The Inspiration Room™
10.1 The Inspiration Room™ gives you a personal, worldwide, royalty-free,
non-assignable and non-exclusive licence to use the software
provided to you by The Inspiration Room™ as part of the Services as provided
to you by The Inspiration Room™ (referred to as the Software below). This
licence is for the sole purpose of enabling you to use and
enjoy the benefit of the Services as provided by The Inspiration Room™, in
the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy,
modify, create a derivative work of, reverse engineer,
decompile or otherwise attempt to extract the source code of
the Software or any part thereof, unless this is expressly
permitted or required by law, or unless you have been
specifically told that you may do so by The Inspiration Room™, in writing.
10.3 Unless The Inspiration Room™ has given you specific written permission
to do so, you may not assign (or grant a sub-licence of) your
rights to use the Software, grant a security interest in or
over your rights to use the Software, or otherwise transfer
any part of your rights to use the Software.
11. Content licence from you
11.1 You retain copyright and any other rights you already
hold in Content which you submit, post or display on or
through, the Services. By submitting, posting or displaying
the content you give The Inspiration Room™ a perpetual, irrevocable,
worldwide, royalty-free, and non-exclusive licence to
reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content which you
submit, post or display on or through, the Services. This
licence is for the sole purpose of enabling The Inspiration Room™ to
display, distribute and promote the Services and may be
revoked for certain Services as defined in the Additional
Terms of those Services.
11.2 You agree that this licence includes a right for The Inspiration Room™
to make such Content available to other companies,
organizations or individuals with whom The Inspiration Room™ has
relationships for the provision of syndicated services, and to
use such Content in connection with the provision of those
11.3 You understand that The Inspiration Room™, in performing the required
technical steps to provide the Services to our users, may (a)
transmit or distribute your Content over various public
networks and in various media; and (b) make such changes to
your Content as are necessary to conform and adapt that
Content to the technical requirements of connecting networks,
devices, services or media. You agree that this licence shall
permit The Inspiration Room™ to take these actions.
11.4 You confirm and warrant to The Inspiration Room™ that you have all the
rights, power and authority necessary to grant the above
12. Software updates
12.1 The Software which you use may automatically download and
install updates from time to time from The Inspiration Room™. These updates
are designed to improve, enhance and further develop the
Services and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions.
You agree to receive such updates (and permit The Inspiration Room™ to
deliver these to you) as part of your use of the Services.
13. Ending your relationship with
The Inspiration Room™
13.1 The Terms will continue to apply until terminated by
either you or The Inspiration Room™ as set out below.
13.2 If you want to terminate your legal agreement with
The Inspiration Room™, you may do so by (a) notifying The Inspiration Room™ at any time
and (b) closing your accounts for all of the Services which
you use, where The Inspiration Room™ has made this option available to you.
Your notice should be sent, in writing, to The Inspiration Room™'s address
which is set out at the beginning of these Terms.
13.3 The Inspiration Room™ may at any time, terminate its legal agreement
with you if:
(A) you have breached any provision of the Terms (or have
acted in manner which clearly shows that you do not intend to,
or are unable to comply with the provisions of the Terms); or
(B) The Inspiration Room™ is required to do so by law (for example, where
the provision of the Services to you is, or becomes,
(C) the partner with whom The Inspiration Room™ offered the Services to you
has terminated its relationship with The Inspiration Room™ or ceased to
offer the Services to you; or
(D) The Inspiration Room™ is transitioning to no longer providing the
Services to users in the country in which you are resident or
from which you use the service; or
(E) the provision of the Services to you by The Inspiration Room™ is, in
The Inspiration Room™'s opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect The Inspiration Room™'s rights
regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights,
obligations and liabilities that you and The Inspiration Room™ have
benefited from, been subject to (or which have accrued over
time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by
this cessation, and the provisions of paragraph 20.7 shall
continue to apply to such rights, obligations and liabilities
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15,
SHALL EXCLUDE OR LIMIT THE INSPIRATION ROOM™'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.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE
PROVIDED "AS IS" AND "AS AVAILABLE."
14.3 IN PARTICULAR, THE INSPIRATION ROOM™, ITS SUBSIDIARIES AND AFFILIATES,
AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF
THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY
SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM THE INSPIRATION ROOM™ OR THROUGH OR FROM THE SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 THE INSPIRATION ROOM™ 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
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU
EXPRESSLY UNDERSTAND AND AGREE THAT THE INSPIRATION ROOM™, ITS SUBSIDIARIES
AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU
(A) 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
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU,
INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY
OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY
RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER
OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH THE INSPIRATION ROOM™ MAY MAKE TO THE SERVICES, OR
FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF
THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) 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 SERVICES;
(III) YOUR FAILURE TO PROVIDE THE INSPIRATION ROOM™ WITH ACCURATE ACCOUNT
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS
SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON GOOGLES LIABILITY TO YOU IN PARAGRAPH
15.1 ABOVE SHALL APPLY WHETHER OR NOT THE INSPIRATION ROOM™ HAS BEEN
ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF
ANY SUCH LOSSES ARISING.
16. Copyright and trade mark
16.1 It is The Inspiration Room™s policy to respond to notices of alleged
copyright infringement that comply with applicable
international intellectual property law (including, in the
United States, the Digital Millennium Copyright Act) and to
terminating the accounts of repeat infringers. Details of
The Inspiration Room™s policy can be obtained from [email protected].
16.2 The Inspiration Room™ operates a trade mark complaints procedure in
respect of The Inspiration Room™s advertising business, details of which
can be found at http://www.google.com/tm_complaint.html.
17.1 Some of the Services are supported by advertising
revenue and may display advertisements and promotions. These
advertisements may be targeted to the content of information
stored on the Services, queries made through the Services or
17.2 The manner, mode and extent of advertising by The Inspiration Room™ on
the Services are subject to change without specific notice to
17.3 In consideration for The Inspiration Room™ granting you access to and
use of the Services, you agree that The Inspiration Room™ may place such
advertising on the Services.
18. Other content
18.1 The Services may include hyperlinks to other web sites
or content or resources. The Inspiration Room™ may have no control over any
web sites or resources which are provided by companies or
persons other than The Inspiration Room™.
18.2 You acknowledge and agree that The Inspiration Room™ is not
responsible for the availability of any such external sites
or resources, and does not endorse any advertising, products
or other materials on or available from such web sites or
18.3 You acknowledge and agree that The Inspiration Room™ is not liable for
any loss or damage which may be incurred by you as a result
of the availability of those external sites or resources, or
as a result of any reliance placed by you on the
completeness, accuracy or existence of any advertising,
products or other materials on, or available from, such web
sites or resources.
19. Changes to the Terms
19.1 The Inspiration Room™ may make changes to the Universal Terms or
Additional Terms from time to time. When these changes are
made, The Inspiration Room™ will make a new copy of the Universal Terms
and any new Additional Terms will be made available to you
from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services
after the date on which the Universal Terms or Additional
Terms have changed, The Inspiration Room™ will treat your use as acceptance
of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a
result of, or through your use of the Services) use a service
or download a piece of software, or purchase goods, which are
provided by another person or company. Your use of these
other services, software or goods may be subject to separate
terms between you and the company or person concerned. If so,
the Terms do not affect your legal relationship with these
other companies or individuals.
20.2 The Terms constitute the whole legal agreement between
you and The Inspiration Room™ and govern your use of the Services (but
excluding any services which The Inspiration Room™ may provide to you under
a separate written agreement), and completely replace any
prior agreements between you and The Inspiration Room™ in relation to the
20.3 You agree that The Inspiration Room™ may provide you with notices,
including those regarding changes to the Terms, by email,
regular mail, or postings on the Services.
20.4 You agree that if The Inspiration Room™ does not exercise or enforce
any legal right or remedy which is contained in the Terms (or
which The Inspiration Room™ has the benefit of under any applicable law),
this will not be taken to be a formal waiver of The Inspiration Room™s
rights and that those rights or remedies will still be
available to The Inspiration Room™.
20.5 If any court of law, having the jurisdiction to decide
on this matter, rules that any provision of these Terms is
invalid, then that provision will be removed from the Terms
without affecting the rest of the Terms. The remaining
provisions of the Terms will continue to be valid and
20.6 You acknowledge and agree that each member of the group
of companies of which The Inspiration Room™ is the parent shall be third
party beneficiaries to the Terms and that such other
companies shall be entitled to directly enforce, and rely
upon, any provision of the Terms which confers a benefit on
(or rights in favor of) them. Other than this, no other
person or company shall be third party beneficiaries to the
20.7 The Terms, and your relationship with The Inspiration Room™ under the
Terms, shall be governed by the laws of the State of
California without regard to its conflict of laws provisions.
You and The Inspiration Room™ agree to submit to the exclusive jurisdiction
of the courts located within the county of Santa Clara,
California to resolve any legal matter arising from the
Terms. Notwithstanding this, you agree that The Inspiration Room™ shall
still be allowed to apply for injunctive remedies (or an
equivalent type of urgent legal relief) in any jurisdiction.
22nd October, 2008