Mobile Application Terms and Conditions of Use

Operative Provisions

1. Acceptance

   1. Please read the Terms carefully.

   2. You accept the Terms by:

      1. using, browsing and/or reading the Application, this signifies that you have read, understood and agree to be bound by the Terms; and/or

      2. clicking to accept or agree to the Terms where this option is made available to you in the user interface.

   3. You must be at least 13 years of age, or the minimum legal age to enter into and be bound by a contract in your local jurisdiction, to use the Application. If you are an Australian resident and under the age of 18, then by using, browsing or otherwise accepting the Terms you acknowledge and agree that the Terms and use of the Application or its related products or services is for your benefit and therefore the Terms are binding upon you.

   4. You are not permitted to use and must immediately cease usage of the Application or any of its products or services if you do not agree with the Terms.

2. Amendments

   1. We reserve the right to review and amend the Terms from time to time. 

   2. We will use our best endeavours to provide you with notice any amendments we make to these Terms.

   3. Any amendment will be effective immediately upon notification to you and your continued use of the Application, or any of its associated Products or Services, following such notification will represent an agreement by you to be bound by the Terms as amended.

3. External links

   1. This Application may contain links to other applications or websites owned and operated by third parties and not under our control.

   2. Any Linked Sites made available through the Application are provided as a convenience to you and the existence of a link to any Linked Sites does not imply any endorsement of the Linked Sites, their material or contents.

   3. We have no control over the Linked Sites and therefore we do not accept responsibility for the material or contents made available on those Linked Sites or for any loss or damage that may arise from your use of them.

4. Conduct

   1. In order for us to provide and maintain a safe online community you agree that while using the Application you will not do any of the following:

      1. contravene any applicable law, applicable regulation, or commit or encourage the commission of a criminal offence;

      2. use the Application for any unlawful, unauthorised, fraudulent or misleading purpose; 

      3. impersonate any person, entity or provide inaccurate information;

      4. harm, abuse, harass, stalk, threaten or otherwise offend any person;

      5. transmit or distribute any virus or other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;

      6. interfere with or impair any aspect of the Application or its intended operation; 

      7. infringe upon any other person's intellectual property rights;

      8. send any unsolicited advertising or promotional material;

      9. modify or copy the layout of the Application or any content, information, software or code contained in the Application; 

      10. purchase, sell, transfer or licence any account or data provided to you by us;

      11. violate, or encourage any other person to violate, the Terms.

   2. A breach of this provision may constitute a criminal offence and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them. 

   3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile device, its equipment, programs, data or other proprietary material, arising out of, or in connection with, your use of the Application.

5. Warranties

   If you share, post, upload or otherwise make available any content, material or information on the Application, you hereby represent and warrant that:

   1. you are authorised to share, post, upload or otherwise deal with that content, material or information;

   2. the content, material or information is not defamatory, offensive, threatening, abusive, pornographic, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate any person based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

   3. the content, material does not present or create a privacy or security risk to any person or entity;

   4. the content, material does not contain any legal, financial or other professional advice; 

   5. the content, material or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or entity;

   6. the content, material or information does not infringe any other person’s intellectual property rights, including but not limited to, copyright, trademarks, service marks or business names (whether registered or unregistered) or confidential information; and

   7. the content, material or information does not infringe any legislation or regulations of the Commonwealth of Australia and the State of New South Wales (including, but not limited to, the Competition and Consumer Act 2010 (Cth)) or any law in any country where the Application is or will be available.

6. Intellectual property

   1. Copyright in the software, content and compilation of the Application made available to you is owned by us unless otherwise indicated. The Application may also contain various trademarks which are either owned by us or used with the permission of the registered trademark owners. You must not use any of our trademarks in any way without our prior written consent.

   2. When you use the Application, we grant you a non-exclusive, non-transferrable and  revocable limited licence to display on your mobile, download and use the underlying HTML, text, hyperlinks, information and content made available in the Application for your own personal use. 

   3. You are not authorised to reproduce, modify, post, transmit, distribute, transfer, alter, remove, interfere with, reverse engineer, or any part of this Application. 

   4. Any unauthorised dealing of intellectual property may violate copyright, trademark or other intellectual property rights and could result in criminal or civil penalties. We will not be held liable for any unauthorised dealing of intellectual property that is not permitted by the Terms.

7. Licence

   1. If you share, post, upload or otherwise make available content on the Application that is covered by intellectual property rights (such photographs and videos), you grant us a non-exclusive, royalty-free, transferrable, sub-licensable and worldwide licence to distribute, reproduce, use, host, modify, publicly display, exploit and otherwise deal with that content. This licence will end once any such content has been deleted from the Application.

   2. You represent and warrant to us that you have the appropriate right and title to any content that you share, post, upload or otherwise make available on the Application.

   3. You give us permission to collect, store and disclose information about how you use and interact with the Application without any payment of compensation to you. This includes information that identifies:

      1. how and when (including the frequency and duration) you create, share or interact with any content (including sponsored content), features on the Application;

      2. the people, accounts and hashtags that you are connected to and how you and when you interact with them on the Application; and

      3. how you use and interact with any product or services offered on the Application.

   4. You can find out more about how we collect, use and disclose information about you in our Privacy Policy found here www.pixtd.com/privacy.

8. Account

   1. All users will be required to create an account to access and use the Application or its products and services.

   2. You must keep your account information (including your account username, security questions and password) strictly confidential and never disclose this information to any other person or entity. You warrant that all data provided by you to create and maintain your account with us is accurate and up to date.

   3. All material and information provided by you to create your account is provided at your own risk. We will not be held liable for any loss or damage suffered as a result of any user, third-party hacker or individual illegally gaining access to your account, account information or content.

   4. We may remove any content or information that you share, post, upload or otherwise make available on the Application at any time if we believe that it violates these Terms, infringes any other persons intellectual property rights, or we are permitted or required to by law.

   5. At our sole discretion, we may also remove any content or information that you share, post, upload or otherwise make available on the Application without giving any explanation or justification.

   6. We can refuse to provide you access to the Application or its products or services by terminating or disabling your account to protect our systems or other users, if you create risk or legal exposure for us, if you violate the Terms or repeatedly infringe any other persons intellectual property rights.

   7. You agree to release us (including our officers, agents, subsidiaries, joint venturers and employees) from any claim, demand, suit, action or proceeding against us for any loss (including loss of profit), damage or liability arising out of, or in connection with, the termination or disablement of your account or the removal of your content or information from the Application.

9. Limitation of liability

   1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Competition and Consumer Act 2010 (Cth), the content, information and material displayed on the Application, or on any Linked Sites is provided without any guarantees, conditions or warranties as to:

      1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Application or of any Linked Sites; and

      2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Application or on any Linked Sites.

   2. To the fullest extent permitted by law we hereby expressly exclude all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and will not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Application or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

   3. We will not be liable under any circumstances for any loss (including loss of profit) or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of:

      1. you acting, or failing to act, on any information contained on or referred to on the Application or any of the Linked Sites;

      2. you using the Application or acquiring any service or product contained or referred to on the Application and/or or your inability to use the Application or acquire any service or product contained or referred to on the Application;

      3. us removing any content, material or information from the Application; and

      4. or in connection with, any content, material or information supplied in respect of advertising on the Application.

   4. We do not warrant, guarantee or make any representation that:

      1. the Application is free of software viruses; or

      2. the functions contained in any software or data contained in the Application will operate uninterrupted or error-free at all times.

   5. Whether caused through our negligence, the negligence of our employees, independent contractors or agents, or other users of the Application, we are not liable to you for:

      1. errors or omissions in the Application; 

      2. delays to, interruptions of, or cessation of the Application or its products or services; or 

      3. defamatory, offensive or illegal conduct of any user of the Application. 

   6. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your mobile device software or hardware, which may be necessary as a consequence of you accessing the Application.

10. Indemnity and release

    1. You agree to indemnify, defend and hold harmless us and our officers, employees, consultants, agents and joint venturers for any loss (including reasonable legal costs and expenses) or liability incurred arising from any claim, demand, suit, action or proceeding by any person against where such loss or liability arose out of, in connection with, or in respect of your use of the Application or any breach of the Terms by you.

    2. If you have a dispute with one or more users, you release us and our officers, employees, consultants, agents, joint venturers any from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with such a dispute.

11. Privacy Policy

    1. Our Privacy Policy sets out how we will use your information and can be found at www.pixtd.com/privacy. By using the Application, you consent to the processing described in our Privacy Policy and warrant that all data provided by you is accurate and up to date.

12. Jurisdiction

    1. If any part of the Terms is found to be void, voidable, unlawful, or unenforceable then that part will be deemed to be severable from the balance of the Terms and the severed part will not affect the validity and enforceability of any remaining provisions.

    2. The Terms are governed by the laws of New South Wales, Australia and the parties irrevocably agree to submit to the non-exclusive jurisdiction of the courts of that State.