YOUR AGREEMENTBy selecting “I Agree” below, you agree to these Terms and Conditions, including the
getUnNaked.com Privacy Policy which is specifically incorporated into these Terms and
Conditions. You are only authorised only to use the getUnNaked.com website if you agree to
abide by all applicable laws and to these Terms and Conditions. Please read these Terms and
Conditions carefully. If you do not agree to these Terms and Conditions, please do not use
the getUnNaked.com website.
These Terms and Conditions constitute a binding agreement between getUnNaked.com and you
governing your use of the Website. These Terms and Conditions may be updated by
getUnNaked.com from time to time without notice to you. By selecting “I Agree” below, you
agree to be bound by any amendment to these Terms and Conditions from the date such
amendment is published on the getUnNaked.com website.
DEFINITIONS
“Account” means a User account established on the getUnNaked.com website;
“getUnNaked.com” means Dirtylaunderette Pty Ltd ACN 126 907 346 trading as getUnNaked.com;
“getUnNaked.com IP” means all copyright, trade mark rights, patent rights, design rights or
any other intellectual property rights owned by or licensed to getUnNaked.com in respect of
the getUnNaked.com website, including without limitation all text, graphics, and photos
created by and for getUnNaked.com, all interactive features of the getUnNaked.com website
and all software, source and object code, scripts, records, documents, specifications,
plans, program listings, calculations, menus, recipes, drawings, trademarks, service marks
and logos;
“Personal Information” means any personally identifiable information of a User, including
without limitation Account name, family name, street address, telephone number, email
address, URL or any User Contribution;
“Privacy Policy” means the privacy policy published on the getUnNaked.com website and
incorporated into these Terms and Conditions, as amended from time to time;
“User” means an authorised user of the getUnNaked.com website;
“User Contribution” means any idea, suggestion, opinion, comment or observation made by any
User, and any text, data, photograph, video, music, sound, chat, message, file or other
material provided to getUnNaked.com by a User;
“User IP” means, in relation to a particular User, all copyright, trade mark rights, patent
rights, design rights or any other intellectual property rights of that User, including
without limitation any User Contribution and all text, graphics, photos, software, source
and object code, scripts, records, documents, specifications, plans, program listings,
calculations, menus, recipes, drawings, trademarks, service marks and logos of that User.
INTERPRETATION
1. Headings are for ease of reference only and do not affect the meaning of these
Terms and Conditions.
2. Reference to a party in these Terms and Conditions includes that party’s executors,
administrators, successors and permitted assigns and if more than one, includes those
persons jointly and each of them severally, their respective executors administrators and
assigns.
3. The singular includes the plural and vice versa and words importing a gender
include other genders.
4. Reference to a document or agreement, including these Terms and Conditions,
includes a reference to that document or agreement as novated, altered or replaced from time
to time.
5. Reference to “$”, “$A”, “dollar” “AUD” or “A$” is a reference to Australian
currency.
6. Words importing the whole of the matter or thing include a part of the matter or
thing.
7. Words and expressions importing natural persons include partnerships, bodies
corporate, associations (whether incorporated or not), firms, joint ventures, trusts,
authorities, governments and governmental, semi-governmental and local authorities and
agencies.
8. Reference to any legislation or statutory instrument or regulation is construed in
accordance with the Acts Interpretation Act 1901 (Cth) or the equivalent State legislation,
as applicable, and includes a reference to an enactment, amendment or consolidated statute
and any enactment substituted for the enactment and all legislation and statutory
instruments issued under, such legislation or provision.
9. Reference to writing includes typewriting, printing, lithography, photography and
any other method of representing or reproducing words, figures or symbols in a permanent and
visible form, including without limitation facsimile or e-mail transmission.
ACCESS TO WEBSITE
10. getUnNaked.com hereby agrees to grant to you the right to access and use the
getUnNaked.com website on these Terms and Conditions and particularly subject to your
agreement to comply with your obligations as set forth below.
YOUR OBLIGATIONS
11. You hereby represent and warrant that you are:
(a) of legal age, in the jurisdiction where you live, to form a binding contract; and
(b) fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth herein and to abide by and comply
with these Terms and Conditions; and
(c) not prohibited or restricted by any law from accessing or using the getUnNaked.com
website.
12. You hereby agree and covenant that you will:
(a) use the getUnNaked.com website solely for your personal or domestic and
non-commercial use;
(b) not copy, publish or distribute the getUnNaked.com website or any part thereof in
any form or in any medium whatsoever without the prior written approval of getUnNaked.com;
(c) not alter or modify any part of the getUnNaked.com website other than as permitted
for its intended use;
(d) not use the Account of another User without the express written permission of both
the User and getUnNaked.com;
(e) not delete, add to or otherwise change any getUnNaked.com website content, including
without limitation any User Contribution of another User, unless you have been granted the
privileges to do so;
(f) provide, subject to the Privacy Policy, complete and accurate information when
requested or required to do so by getUnNaked.com, whether through its website or otherwise;
(g) update your registration information as soon as practicable after any change to it;
(h) accept sole responsibility for all activity that takes place in respect of your
Account;
(i) keep your Account password secure at all times;
(j) notify getUnNaked.com immediately of any unauthorised use of your password or
Account, or any other breach of website security;
(k) not use or launch any automated system, including without limitation, "robots,"
"spiders," or other similar devices or programs, to access the getUnNaked.com website;
(l) not collect, use or transmit any Personal Information;
(m) not use the communication systems provided by the getUnNaked.com website for any
commercial solicitation purposes, including without limitation the solicitation, for
commercial purposes, of any User;
(n) not use, copy, reproduce, distribute, transmit, broadcast, display, sell, licence or
otherwise exploit:
(i) for any purpose whatsoever, any getUnNaked.com IP without the express written
permission of getUnNaked.com;
(ii) for any commercial purpose, any User Contribution;
(o) not circumvent, disable or otherwise interfere with security features of the
getUnNaked.com website, including without limitation features that:
(i) prevent or restrict use or copying of any getUnNaked.com IP or User IP; or
(ii) enforce limitations on use of the getUnNaked.com website;
(p) accept all risks related to your use of any User Contribution, including any
reliance on the accuracy, completeness, or usefulness of such User Contribution;
(q) be solely responsible for your own User Contributions and the consequences of
posting or publishing them;
(r) respect the legal rights of getUnNaked.com, the persons connected with
getUnNaked.com and other Users;
(s) adhere to generally accepted standards of on-line etiquette and behaviour;
(t) not upload, post, email or otherwise transmit any User Contribution that:
(i) is libelous, defamatory, pornographic, sexually explicit, unlawful or plagiarized;
(ii) infringes or violates any patent, copyright, trademark, trade secret or other
property right;
(iii) a reasonable person would consider harassing, abusive, threatening, harmful,
vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise
objectionable or offensive in any way;
(iv) constitutes a breach of any person’s privacy or publicity rights, a
misrepresentation of facts, or hate speech;
(v) violates or encourages others to violate any applicable law, statute, ordinance or
regulation;
(vi) promotes software or services that deliver unsolicited e-mail; or
(vii) contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar
harmful programming routines;
(u) not use the getUnNaked.com website to:
(i) engage in commercial activities;
(ii) harm minors in any way;
(iii) solicit personal information from anyone under the age of 18; or
(iv) provide false or deceptive information to any person;
(v) not allow usage by others that violates these Terms and Conditions; and
(w) otherwise comply with these Terms and Conditions in all respects.
INTELLECTUAL PROPERTY
13. All getUnNaked.com IP is subject to copyright and other intellectual property rights
under Australian and foreign laws and international conventions. getUnNaked.com reserves
all rights not expressly granted in and to the getUnNaked.com website and the getUnNaked.com
IP.
14. Subject to clause 18, you retain all of your ownership rights in your User IP.
However, by submitting a User Contribution to the getUnNaked.com website, you grant
getUnNaked.com, its successors and assigns a worldwide, non-exclusive, royalty-free,
sublicenseable, and transferable right and license to use, reproduce, distribute, prepare
derivative works of, display, and perform such User Contribution or derivative works,
including without limitation for promoting and redistributing part or all of the
getUnNaked.com website (and derivative works thereof) in any media now known or hereafter
developed. The licence so granted by you in respect of a User Contribution terminates once
you remove or delete such User Contribution from the getUnNaked.com website
15. getUnNaked.com, in its sole discretion, may remove any User Contribution, or
terminate the account of any User, for infringing the intellectual property rights of
others.
16. If you believe that your User IP has been infringed, you should contact the
getUnNaked.com website administrator immediately.
SUBMISSION OF USER CONTRIBUTIONS
17. getUnNaked.com may, in its sole discretion, select your User Contribution for
promotion and use.
18. If your User Contribution is selected for promotion and use by getUnNaked.com, you
agree:
(a) to assign to getUnNaked.com, including its subsidiaries and affiliates, all right,
title and interest in the User IP pertaining to such User Contribution, including the right
to assign or sublicense such rights;
(b) not to use, or allow any person other than getUnNaked.com, its subsidiaries and
affiliates to use, such User Contribution or any derivative works thereof;
(c) to waive any and all moral rights that you may have in respect of your User
Contribution;
(d) not to use getUnNaked.com blogs to promote:
(i) the User Contribution or any entity promoting it; or
(ii) products and services of any entity that operates in competition with
getUnNaked.com;
(e) that getUnNaked.com, its subsidiaries and affiliates may:
(i) reproduce the User Contribution;
(ii) alter the User Contribution in any way whatsoever;
(ii) distribute and sell goods bearing the User Contribution;
(iii) make derivative works of the User Contribution;
(iv) use the User Contribution on the getUnNaked.com website; and
(v) register the User Contribution in accordance with relevant legislation in any
jurisdiction, while acknowleding you as the Author.
19. You hereby represent and warrant that your User Contribution:
(a) is your original work;
(b) has not been published previously; and
(c) does not comprise or contain:
(i) any trademark, logo, design, copyright material or other intellectual property
belonging to any third party;
(ii) any material that getUnNaked.com, in its sole discretion, deems to be profane,
obscene, offensive or otherwise unacceptable.
20. You acknowledge that getUnNaked.com reserves the right in its sole discretion to
decline to accept any User Contribution, or to remove any User Contribution after
acceptance.
21. Fees paid for User Contributions that are selected by getUnNaked.com for publication and
use are published on the Prizes page of the getUnNaked.com website. Such fees may be
amended by getUnNaked.com from time to time without notice to you, and any amendments to
such fees shall take effect from the date of publication on the getUnNaked.com website.
22. getUnNaked.com does not endorse any User Contribution or make any guarantee regarding
the reliability, accuracy, quality or confidentiality of any User Contribution.
PRINTING OF USER CONTRIBUTIONS; AWARDING OF PRIZES
23. You acknowledge that print runs and prize allocation are at the sole discretion of
getUnNaked.com. getUnNaked.com reserves the right in its sole discretion to refrain from
printing any design.
24. The design on physically delivered products may vary in colour, size, shape or
perspective from the design as displayed on the getUnNaked.com website, due to the printing
process.
EXCLUSION OF WARRANTIES
25. You hereby agree that your use of the getUnNaked.com website shall be at your sole risk.
26. To the fullest extent permitted by law, getUnNaked.com and any parent, subsidiary,
affiliate, director, officer, employee, agent, licensor, supplier and distributor of
getUnNaked.com hereby disclaim all warranties in connection with the getUnNaked.com website
and your use thereof.
27. Neither getUnNaked.com nor any parent, subsidiary, affiliate, director, officer,
employee, agent, licensor, supplier or distributor of getUnNaked.com makes any warranty or
representation regarding the accuracy or completeness of the content of the getUnNaked.com
website or any website linking to the getUnNaked.com website.
LIMITATION OF LIABILITY
28. To the fullest extent permitted by law, neither getUnNaked.com nor any parent,
subsidiary, affiliate, director, officer, employee, agent, licensor, supplier or distributor
of getUnNaked.com shall be liable for any direct, indirect incidental special, punitive or
consequential damages resulting from:
(a) any error, mistake or inaccuracy in the content of the getUnNaked.com website or any
material contained thereon or submitted thereto;
(b) any personal injury or property damage resulting directly or indirectly from your use of
the getUnNaked.com website;
(c) your use of or inability to use the getUnNaked.com website;
(d) any unauthorised access to or use of the getUnNaked.com servers and any information
stored therein;
(e) the loss, corruption or unavailability of User files, data or User Contribution;
(f) unauthorised access, retrieval, duplication, modification or deletion of User files or
data;
(g) any delay, interruption or failure in connection to or from the getUnNaked.com website;
(h) any viruses, worms or other computer system threats that may affect or be transmitted
through the getUnNaked.com website;
(i) loss or damage of any kind resulting from the use of any content made available via the
getUnNaked.com website;
(j) the variation in colour, size, shape or perspective of the design printed on any
physical product from the design as displayed on the getUnNaked.com website;
(k) any breach by you of the obligations set out in clauses 11 and 12; or
(l) any breach of warranty; arising from any cause whatsoever, whether or not getUnNaked.com
or any of its directors, shareholders, employees, agents, licensors, resellers or
distributors has been negligent or has been advised of the possibility of such damages or of
any third party claim.
29. getUnNaked.com accepts no liability for the content of User Contributions or for the
defamatory, offensive or illegal conduct of any third party.
30. getUnNaked.com will not be a party to, and accepts no liability or responsibility in
connection with, any transaction between you and third party providers of products and/or
services, or your use of any third party website.
INDEMNITY
31. You agree to defend, indemnify and hold harmless getUnNaked.com and any parent,
subsidiary, affiliate, director, officer, employee, agent, licensor, supplier and
distributor of getUnNaked.com from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to legal fees)
arising from:
(a) your use of and access to the getUnNaked.com website;
(b) your violation of any term of these Terms and Conditions;
(c) your violation of any third party right, including without limitation any copyright,
property, or privacy right; and
(d) any claim that a User Contribution of yours caused damage to a third party.
32. You agree that the indemnity in clause 31 will survive these Terms and Conditions and
your use of the getUnNaked.com website.
TERMINATION OF ACCESS
33. getUnNaked.com reserves the right, immediately and without prior notice to you, to
terminate your getUnNaked.com account and your access to the getUnNaked.com website and
other getUnNaked.com services, including without limitation for the following causes:
(a) breaches or violations of these Terms and Conditions;
(b) requests for such termination by law enforcement or other government agencies;
(c) discontinuance or material modification to the getUnNaked.com website (or any part
thereof) pursuant to clause 36;
(d) technical or security issues or problems;
(e) extended periods of inactivity;
(f) engagement by you in any fraudulent or illegal activity;
(g) nonpayment of any fees or charges owed by you;
(h) belief by getUnNaked.com that the registration information supplied by you is not
complete, current or accurate; or
(i) your request for such termination.
34. Termination of your getUnNaked.com account will include:
(a) removal of access by you to all pages within the getUnNaked.com website;
(b) deletion of your password; and
(c) deletion of your account-related files, materials and User Contributions, except that
getUnNaked.com reserves the right to retain, subject to our Privacy Policy, certain
registration information supplied by you.
35. You agree that all terminations for cause shall be made in the sole discretion of
getUnNaked.com, who shall not be liable to you or to any third party for such termination.
AMENDMENT OF WEBSITE; TERMS AND CONDITIONS
36. getUnNaked.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the getUnNaked.com website (or any part thereof)
with or without notice. getUnNaked.com shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the getUnNaked.com website.
37. getUnNaked.com reserves the right to amend unilaterally these Terms and Conditions. Any
such amendment will be published on the getUnNaked.com website and will be effective
immediately upon such publication.
NOTICES
38. Every notice or demand hereunder shall be in writing and may be given or made by
personal delivery, post, facsimile or e-mail transmission to the last notified address of
the recipient. All notices or demands where made by facsimile or e-mail shall be confirmed
by letter delivered or posted as soon as practicable after original transmission.
GENERAL
39. If any provision of these Terms and Conditions is or becomes void, illegal or
unenforceable for any reason whatsoever then such provision shall be severed from these
Terms and Conditions which shall otherwise continue to be valid and operative.
40. Failure to exercise or delay in exercising any right hereunder shall not operate as a
waiver of that right nor shall any single or partial exercise of any right preclude any
further or other exercise of that right or any other right.
41. These Terms and Conditions shall be governed by and construed in accordance with the Law
applicable in Queensland, Australia and the parties irrevocably and unconditionally submit
to the non-exclusive jurisdiction of the courts of Queensland and any courts which may hear
appeals from those courts.
Look better UnNakeD.