Terms and Conditions
- 1.1 These terms and conditions ("Terms") govern the relationship between us, Bomb’d Pty Ltd, and you regarding your use of our mobile device app known as BOMB'D, and also our website (the "Services").
- 1.2 By downloading and using the Services, you accept these Terms and a binding agreement is formed between us and you incorporating these Terms. We may vary these Terms from time to time without notice to you.
1. About these Terms
- 2.1 We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms.
- 2.2 The Services are protected by copyright, trademark, and other laws of both Australia and foreign countries. Nothing in the Terms gives you a right to use the Bomb’d name or any of the Bomb’d Pty Ltd trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Bomb’d Pty Ltd and its licensors. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
- 3.1 You must open an account with us to use BOMB'D. You may create an account using BOMB'D, provided you meet all eligibility requirements we set from time to time. You must provide complete and accurate information when creating your account.
- 3.2 You must nominate a preferred username when you open an account. If the username you nominate is available, we will allocate it to your BOMB'D account. Allocating a username to your account does not involve or result in us granting you any rights to that username. We reserve the right to reallocate usernames at our discretion. If we reallocate your username to make it available for someone else to use, we will not disclose any personal information about you to that other person (other than the username itself). If we reallocate your username, we will provide you an opportunity to nominate an alternative username so you can continue using your account.
- 3.3 If you are under 18 years old, you must have your parent or guardian open an account on your behalf. Your parent or guardian must confirm acceptance of these Terms when opening an account for you, in which case “you” in these Terms means both you and your parent or guardian.
- 3.4 You must keep all login details for your account secret and secure. If your account information changes, you must promptly update your account details. You are solely responsible for user activity that occurs in relation to your account. You must notify us immediately if you become aware of any actual or suspected breach of security in relation to your account. Despite the security measures we employ, we will not be liable for any loss you suffer as a result of any fraudulent or unauthorised user activity in relation to your account.
3. Your account
- 3.1 You retain ownership of any rights you hold in any images, text, video or other content that you send, or allow to be sent, using BOMB'D (“Your Content”).
- 4.1 From time to time we may automatically update BOMB’D and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update BOMB’D for these reasons.
- 4.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using BOMB’D and the Services.
4. Update to the App and Changes to the Service
- 5.1 You retain ownership of any rights you hold in any images, text, video or other content that you send, or allow to be sent, using BOMB'D (“Your Content”).
- 5.2 Subject to the settings you select in BOMB'D regarding privacy of Your Content, you grant us a worldwide, non-exclusive, irrevocable, perpetual, transferrable and royalty-free licence to use, reproduce, modify, adapt, publish, create derivative works from, communicate to the public, perform and promote Your Content for any purposes and in any media, including the right to grant sublicences to any third parties to do these things. You warrant that you are entitled to grant us this license.
- 5.3 Except as otherwise stated in these Terms, all rights in relation to BOMB'D and our website, including any images, text, video or other content displayed in BOMB'D and our website are owned by us and our licensors (“Restricted Content”). You must not use any Restricted Content otherwise than as provided in these Terms unless you have permission directly from the owner. You may use Restricted Content to the extent necessary to enable you reasonably to use the features and functionality available in BOMB'D, subject to these Terms.
5. Rights to content
- 6.1 You must not use BOMB'D to send, or allow to be sent, any images, text, video or other content that we deem to be objectionable, including content that:
- depicts, contains or describes anything that we specify from time to time in these Terms and any relevant guidelines we issue as being morally, socially or legally inappropriate content (such as pornography to minors, graphic violence, animal abuse, illicit drug use or weapons used to harm others)
- offends, incites, degrades, defames or discriminates against any group or individual in a manner that that we believe is morally, socially or legally inappropriate
- amounts to or involves an infringement of our or any other person’s legal rights, including copyright and trade mark rights.
6. Objectionable content
8.1 You must not do or attempt any of the following:
- solicit or advertise to other BOMB'D users for commercial purposes without our prior written permission
- rent, lease, lend, sell, redistribute, sublicense or on-supply BOMB'D without our prior written permission
- remove, obscure or alter any trade marks or legal notices displayed in BOMB'D or on our website
- interfere with or disrupt the use of the Services by others
- damage, disable, overburden or impair the Services or any networks connected to the Services
- access the Services using any automated process or service (such as a bot or spider) without our permission
- deliberately or recklessly cause harm (whether financial or not) to us or our affiliates
- engage in, facilitate or further any illegal conduct,
and you must ensure that none of your directors, employees, contractors or agents do or attempt any of these things.
8. General restrictions
- 9.1 Your account will remain open unless it is cancelled in accordance with these Terms. You may cancel your account by sending a cancellation request to firstname.lastname@example.org. We may cancel your account at any time without notice for any reason, including if you breach these Terms.
- 9.2 Upon cancellation of your account, all rights and licences granted to you under these Terms terminate immediately and you must immediately stop accessing and using BOMB'D.
- 9.3 Except as expressly stated in these Terms, cancellation of your account does not affect the licence you grant us under clause 3.2, which survives any termination of these Terms. However, we will take reasonable steps to cease using and eventually delete Your Content within a reasonable time after your account is cancelled.
9. Cancellation of your account
- 10.1 The inclusion in the Services of any hyperlinks or other pointers to any third party websites or applications does not imply our endorsement or approval of such third parties or their websites, products or other activities.
10. Links to third party websites
- 11.1 We make no representations or warranties that our the Services comply with the laws of any country other than Australia. If you use our products, services or website outside Australia, you do so at your own risk and you are solely responsible for complying with the laws in the place where you reside.
11. Users outside Australia
- 12.1 We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
- 12.2 The Services are provided "as is" and "as available" and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties, conditions, or other terms relating to merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or arising from a course of dealing. In addition, while Bomb’d Pty Ltd attempts to provide a good user experience, we do not represent or warrant that: (a) the Services will always be secure, error- free, or timely; (b) the Services will always function without delays, disruption, or imperfections; or (c) that any content or information you obtain through the Services will be timely or accurate.
- 12.3 Bomb'd Pty Ltd, and its' affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which Bomb'd Pty Ltd, nor its affiliates will be responsible for.
- 13.1 When permitted by law, Bomb'd Pty Ltd and its affiliates, directors, officers, stockholders, employees, licensors, and agents, will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your use of the Services or inability to use the Services; (b) your access to or inability to access the Services; (c) the conduct or content of other users or third parties on or through the Services; or (d) unauthorized access, use, or alteration of your content, even if Bomb'd Pty Ltd has been advised of the possibility of such damages. In no event will Bomb'd Pty Ltd or its affiliates' aggregate liability for all claims relating to the Services exceed the greater of $100 AUD or the amount you paid Bomb'd Pty Ltd, if any, in the last 12 months.
- 13.2 Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
13. Limitation of Liability
- 14.1 We may assign our rights and novate our obligations under these Terms at any time without your consent. Invalidity of any provisions in these Terms does not affect any other provisions. Any delay or failure by us to enforce our rights under these Terms does not constitute waiver.
- 14.2 These Terms represent the entire agreement between use and you regarding your use of BOMB'D and our website. These Terms are governed by the laws in force in the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia.
14. General legal terms
Last updated: 6th March, 2016