Frequently Asked Questions
This website and the Twelevision Application are owned and operated by Clemenger BBDO (Melbourne) Pty Ltd (ABN 34 004 243 038) (Clemenger).
USE OF THE TWELEVISION APPLICATION
To use the Twelevision Application, you acknowledge and warrant that:
- you have an active Twitter™ account;
- you are of legal age to enter into a formal legal contract;
SERVICES PROVIDED BY THIRD PARTIES
- When you use the Services, you may gain access to the products or services of third parties (Third Parties).
- You acknowledge and agree that if you gain access to the products or services of Third Parties when using the Services:
- the information published about those products or services are provided by the Third Parties. Clemenger is not responsible for the information published by Third Parties and simply acts as a medium for the publication of the information;
- Clemenger does not act as an agent or broker of the Third Parties;
- Clemenger does not act as your agent or broker in relation to the products or services provided by the Third Parties;
- Clemenger does not arrange contracts between you and the Third Parties;
- Clemenger has no right or power to bind either you or the Third Parties in relation to a Third Party's products or services;
- any agreement entered into with a Third Party as a result of your use of the Services is an agreement between the Third Party and you;
- Clemenger does not provide advice to you in relation to the products and services offered by Third Parties;
- Clemenger does not give any warranties in relation to the products or services provided by the Third Parties and will not be liable to you or any third party for any failure, wrong or default of a Third Party;
- Clemenger will not be responsible for the resolution of any dispute in relation to any agreement formed between you and a Third Party; and
- Clemenger takes no responsibility for the content of any Third Party web site that links to or from this web site.
You acknowledge and agree that:
- Clemenger gives no warranties as to, and does not vet, authorise or endorse the accuracy, currency, suitability or completeness of any information accessed through the use of any of the Services (Information);
- Clemenger takes no responsibility for the currency, accuracy or completeness of the Information, or for programming bugs or computer viruses, faults or errors in the Services or the Information;
- you will not rely solely on the Information in determining whether to use the Information or whether to use any products or services of a Third Party or other third party, and you will make your own enquiries as to the suitability of the Information, the Services and the products or services provided by Third Parties and other third parties;
- Clemenger may, without notice to you, and at any time, modify or discontinue the Services (in whole or part);
- although Clemenger will try to ensure that the Services are accessible to users, it does not warrant that users or potential users will have continuous access to the Services. Clemenger will not be liable if the Services are unavailable to users or potential users due to:
- any events caused by Clemenger, whether negligent or not; or
- any events beyond the control of Clemenger, including but not limited to, server downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities, or any other reason whatsoever.
USER CONTENT AND USE OF THE SERVICES
- contain any misrepresentations or be misleading or deceptive or be likely to mislead or deceive;
- be in breach of any person's intellectual property rights or confidential information or other legal rights; or
- be obscene, offensive, upsetting, defamatory, in anyway unsuitable for people under the age of 18 years or contrary to any law or regulation in any way whatsoever.
You acknowledge and agree that you will not:
- use the Services in connection with spamming, junk e-mail, or any unsolicited messages;
- defame, harass, abuse, stalk, threaten or otherwise violate the legal rights of other persons (including a person's right to privacy);
- transfer or store material that is deemed threatening or obscene, or engage in any illegal activity;
- post or cause to be posted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Services;
- upload files that contain viruses, corrupted files, or other similar software or programs that may damage the operation of the Services or another person's computer or property;
- use any part of the Services to violate the security of any computer network, crack passwords or security encryption codes;
- restrict or inhibit the use of the Services by others;
- modify, translate, or otherwise create derivative works of any part of the Services;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying algorithms of any part of the Services, except to the extent permitted by applicable laws;
- unless permitted by applicable laws, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit:
- the information (in whole or part) accessed through the use of any of the Services;
- software (in whole or part) accessed through the use of the Services.
You acknowledge and agree that:
- Clemenger has no fiduciary duty to you;
- Clemenger does not vet, authorise or endorse any content posted through the use of the Services by any person (User Content)
- Clemenger has no control over, and no duty to take any action regarding issues such as which users gain access to the Services, what User Content you access via the use of the Services, what effects the User Content may have on you, how you may interpret or use the User Content, or what actions you may take as a result of having been exposed to the User Content;
- Clemenger reserves the right to arrange for the removal of any User Content from the Services that are within Clemenger's immediate control at any time, with or without any reason;
- Clemenger shall have the right to reformat, excerpt or translate any User Content submitted by you;
- all User Content is the sole responsibility of the person from whom such information originated;
- you are responsible for all of your activity in connection with the use of the Services;
- you are responsible for whatever material you post, and you have full responsibility for the material, including its legality, reliability, appropriateness and originality and you are responsible for ensuring that you have the legal right to post such material;
- you will comply with all applicable laws and regulations when accessing and/or using the Services; and
- you are responsible for all User Content posted under your Twitter Username, including User Content posted by a third party whom you have authorised to post User Content under your Twitter Username.
COPYRIGHT AND TRADE MARKS
- Unless otherwise provided, all copyright and trade marks (including business names, company names, brand names and logos) in the material accessed through the Services are owned by or licensed to Clemenger. Except as permitted by the Copyright Act 1968 (Cth), no part of such material may be modified or reproduced by any process without the specific written permission of Clemenger.
- Twitter is a trade mark owned by Twitter Inc.
- Twelevision is a trade mark owned by Clemenger.
You will indemnify and shall keep indemnified Clemenger, its directors, officers, employees, agents, representatives and related bodies corporate from and against all claims, proceedings, loss, damage, costs and expenses (including legal expenses) arising or incurred by Clemenger as a result of or in connection with:
- your use or attempted use of the Services;
- your infringement, or the infringement by any third party using your registration information, of any intellectual property rights or other rights (including confidential information and rights of privacy) of any person or entity;
LIMITATION OF LIABILITY
To the full extent permitted by law, Clemenger, its directors, employees, agents, representatives and related bodies corporate, will not be liable to you or any person in respect of any loss or damage (including consequential and special loss or damage and any loss of profits) which may be suffered or incurred or which may arise directly or indirectly from or in connection with:
- any use or attempted use of the Services;
- any products or services acquired or obtained from the use of the Services; or
- any transaction entered into through the use of the Services,
whether or not the loss or damage was as a result of error or misrepresentation, negligent act or omission, or any other cause whatsoever.
If any law prohibits the exclusion of the liability referred to in section 8(a), Clemenger limits its liability to the extent permitted by the law and at its option:
if the breach relates to goods provided by Clemenger:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods;
- the payment of the cost of having the goods repaired;
if the breach relates to services provided by Clemenger:
- the supplying of the services again;
- the payment of the cost of having the services supplied again.
if the breach relates to the supply of information by Clemenger, to the re-supply of that information.