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TERMS OF USE

ALL THE LIARS I’VE LOVED

PIMPED

  1. Terms: These Terms of Use (Terms) provided by Pimped Holdings Pty Ltd (ACN 620 900 816) (us, our or we) relate to this website and the application titled ‘All the Liars I’ve Loved’ (Website) which promotes the film ‘Pimped’ (Film). By accessing, using, and/or submitting content to the Website, you agree to be bound by these Terms.
  2. Agreement: You must agree to comply with these Terms before you submit content to the Website.
  3. Variation: We may change these Terms from time to time. Please check this page regularly for any changes.  Your continued use of the Website shall constitute on-going acceptance of these Terms.
  4. User Content: The Website may allow you and other end users to submit content (User Content) to the Website, however, we do not guarantee that you will be able to do so. You must be 18 years of age or over to submit User Content.  By submitting User Content, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and licence to edit, adapt, modify and change that User Content in any manner and to reproduce and use it in any manner and in any media (whether now known or later devised) throughout the world in perpetuity. You consent to us doing any act or omitting to do any act comprised in any or all of your ‘moral rights’ in any User Content you submit. 
  5. Removal of User Content: We do not endorse and are not responsible for any User Content. You are encouraged to notify us of inappropriate or illegal User Content submitted by others but we are not responsible for any failure or delay in removing such User Content and we take no responsibility and assume no liability for any User Content.  We have the right but not the obligation to monitor, edit, refuse to post and/or remove any of User Content in our sole discretion.
  6. Warranties: You warrant, and must ensure that, all User Content you submit:
    • is not illegal or discriminatory and does not contain confidential information;
    • is not obscene, threatening, harmful, harassing, bullying, or racially or ethnically objectionable;
    • is not defamatory;
    • does not include any information that could be used to identify an individual, including any photo, image or name of any individual;
    • does not impersonate any individual;
    • does not breach any law or advocate any illegal activity;
    • is not false, untrue, misleading or deceptive;
    • does not infringe the intellectual property rights (including copyright) of anyone;
    • is not otherwise injurious to anyone (including us).
  7. Prohibited uses: You must not:
    • use the Website for any unlawful purpose. Without limitation, this includes any form of unauthorised access, damage and/or interference to the Website
    • modify, adapt, translate, or create derivative works of the Website;
    • reverse engineer, de-compile, or disassemble the Website, in whole or in part, except where expressly permitted by law;
    • use the Website to provide services to third parties; or
    • authorise others to do any of the foregoing.
  8. Termination: Without prejudice to any other rights, we may block your ability to post and/or access this Website if we reasonably believe you have breached these Terms. Subject to clause 10, we shall not be liable to you in any respect for exercising this right.  If we exercise this right, all rights granted to you under these Terms terminate.
  9. Indemnity: You agree to indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any breach by you of these Terms or the warranties you have given under these Terms, including any actual or alleged breach of clauses 6 and/or 7.
  10. Limitation of liability: You acknowledge and agree that the Website is provided on an ‘as is’ basis. The Australian Consumer Law confers rights and remedies on you which cannot be excluded, restricted or modified (Consumer Guarantees).  We do not exclude the Consumer Guarantees, but, to the extent permitted by law, we:
    • expressly disclaim any and all other warranties, express or implied, including that access to the Website will be uninterrupted or error free or any warranty of merchantability or fitness for purpose;
    • will not be liable for any special, incidental, exemplary, punitive or consequential damages whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not we have been advised of the possibility of such loss or damage;
    • shall not be liable for any loss or damage as a result of your breach of these Terms.
    Nothing excludes or limits our liability for death and personal injury caused by negligence; fraudulent misrepresentation; or any other liability which cannot be limited by applicable law.
  1. Whole agreement: These Terms set out everything agreed by the parties relating to the Website, and supersedes and cancels anything discussed, exchanged or agreed.
  2. Jurisdiction: These Terms, and your relationship with us under these Terms, shall be governed by the laws of the New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of New South Wales in relation to any dispute connected with these Terms.
  3. Date: These Terms were last updated in February 2019.