Terms of Service

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TERMS OF SERVICE

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Introduction

This Internet web site (‘Site’) is owned and operated by Kiss My Butterfly Pty Limited, ABN 84 626 331 897 (‘Kiss My Butterfly). The following provisions set out the terms and conditions (‘Terms and Conditions’) under which any person accessing and using the Site (‘You’ and ‘Your’) may:
access and use the Site, including any pages or information linked to it that are owned and operated by Kiss My Butterfly; and
purchase a Product or Products from Kiss My Butterfly through the Site.
By accessing and using the Site, You agree to be bound by the Terms and Conditions. Please read the Terms and Conditions carefully before accessing and using the Site. If You do not accept and agree to abide by the Terms and Conditions, please do not access and use the Site.

Privacy

The Privacy Policy and Security Statement form part of the Terms and Conditions.

Copyright

The Site, its design, and all content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (‘the Works’), is the exclusive property of Kiss My Butterfly or its content suppliers, and is protected by Australian and international copyright laws. The Works may contain, from time to time, material that is the copyright of a third party.

Trademarks

The mark indicated on the Site, is a registered trademark of Kiss My Butterfly in Australia and other countries. The mark may not be used, in any way, without the prior written permission of Kiss My Butterfly.

License

Kiss My Butterfly grants You a limited, non-exclusive, revocable licence to: access, use, and download the Works contained in the Site solely for non commercial and personal purposes; access and use the Site solely for non-commercial and personal purposes; and if You are an internet service provider, supply the Works contained in the Site to Your subscriber.

Any conduct with respect to any of the Works contained in the Site, other than that described in clause 5.1 (including, without limitation, the reproduction, modification, adaptation, transmission or communication of such Works without the prior written permission of Kiss My Butterfly), is strictly prohibited.

Any conduct with respect to the Works that is authorised by Clause 5.1, must include the Kiss My Butterfly copyright notice “© 2001 Kiss My Butterfly Pty Limited. All Rights Reserved” and any other credits, trade marks or other legal notices applicable to the Works.

Use of the site by children

Kiss My Butterfly does not target as customers, or solicit data from, persons under the age of eighteen (18) years (‘Children’ or ‘Child’). Children should obtain the consent of a parent or guardian prior to accessing and using the Site.

Submission of Material to the Site

Kiss My Butterfly may invite (‘Invitation’) You to submit material, including photographs, feedback data such as questions, comments, suggestions and any other response (‘Material’), to the Site (particularly to the ‘Contributors Gallery’ and ‘Bikini Competition’ sections of the Site). Upon the Invitation of Kiss My Butterfly, You may submit Material to the Site, provided that such Material:
  • Is accurate;
  • Is not defamatory, obscene, threatening, pornographic, or offensive;
  • Does not violate any applicable law, including communications that would give rise to criminal or civil liability;
  • Does not advocate any illegal activity;
  • Does not infringe the intellectual property rights of any third party;
  • Does not violate or infringe the rights of any person or entity, including a person’s right of privacy; or
  • Does not consist of, or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’.

Kiss My Butterfly shall not be responsible for monitoring and exercising editorial control over Material submitted to the Site. Kiss My Butterfly nevertheless reserves the right to monitor Material submitted to the Site, and to remove or edit any Material which it finds, in its sole discretion, to be contrary to the Terms and Conditions.
In consideration for Kiss My Butterfly granting You an opportunity to submit Material to the Site, You hereby agree that:

  • Such Material is non-confidential; and
    By submitting such Material, You are deemed to have provided a valid and binding electronic signature (as permitted under the Electronic Transactions Act 1999) authorising the assignment of all rights, title and interest in all such Material to Kiss My Butterfly, its assigns and licensees, to use, reproduce, modify, adapt, create derivative works from, distribute and publicly display such Material, for any purpose whatsoever, in any media, throughout the world in perpetuity. You warrant and represent that:
  • Any Material submitted to the Site is original and will not infringe or breach any law or any person’s right under any law (including any law or right relating to copyright, passing-off, defamation, contempt of court, privacy, publicity or confidence);
    Any Material submitted to the Site is free from encumbrances and You have full and unfettered power to assign all rights and interest in the Material to Kiss My Butterfly, free from any claim by any person;
    You own all rights, title and interest (including copyright) in any Material submitted to the Site, or have obtained all necessary consents and releases from third parties for all and any use of the Material by Kiss My Butterfly in perpetuity, without any requirement for Kiss My Butterfly to make any payment to You or such third parties, and can provide any written evidence of this to Kiss My Butterfly on Kiss My Butterfly’s request; You have not assigned, licensed or otherwise granted any rights in the Material or entered into any deed or agreement that would prevent or limit Kiss My Butterfly’s rights to use the Material; As to living people identifiable in the Material, if any, You have acquired written permissions and releases permitting the exclusive use of the said person’s name, likeness and life story in connection with any use of the Material and You hereby assign such rights to Kiss My Butterfly; You will enter into any formal written documentation if required by Kiss My Butterfly, to formalise Your assignment of all rights in the Material to Kiss My Butterfly; and
  • You have not done, or permitted to be done, any act or omission by which any of the rights in the Material have been, or may in any way, be impaired or limited.