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Terms and Conditions
Terms and conditions
YOUR AGREEMENT

By 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.

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