Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") governs Draggin Jeans Australia’s relationship with users and others who interact with Draggin Jeans Websites. By using or accessing Draggin Jeans Websites, you agree to this Statement.
2. Ownership and Purpose
- The purpose of Draggin Jeans Websites is to add to the tools available to Draggin Jeans to communicate with its customers, clients, partners and the public at large.
- Draggin Jeans is happy to provide a social network on Draggin Jeans Websites however this network is secondary to the purpose of Draggin Jeans Websites.
- If at any time Draggin Jeans believes that the reputation of the company is at risk or in any way being negatively affected by the operation of any part of Draggin Jeans Websites, Draggin Jeans reserves the right to shut down that part without notice.
- You acknowledge that in providing your details, or posting content on the Draggin Jeans Websites, you gain no ownership or rights (Intellectual Property rights or otherwise) in regard to the Draggin Jeans Websites, or any content contained thereon.
- Draggin Jeans reserves the right to remove content at any time without notice and at its absolute discretion, if that content is in any way defamatory, libellous or otherwise detrimental to Draggin Jeans and its commercial operations.
3. Sharing Your Content and Information
Draggin Jeans acknowledge that you own all of the content and information you post on Draggin Jeans Websites. However in posting to the Draggin Jeans Websites you make that content available to Draggin Jeans Australia and to the World at Large. In posting content you agree to the following:
- For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Draggin Jeans Websites ("IP License").
- This IP License ends only when Draggin Jeans Australia receives a written request by you for the IP License to end.
- Draggin Jeans will not be in breach of this Statement or any of your rights if it is unreasonable or impossible for Draggin Jeans to delete or withdraw IP content (whether used online, in print, or otherwise) on the date at which Draggin Jeans receives your request to end the IP License.
- IP content is deleted in a manner similar to emptying the recycle bin on a computer. Removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- Draggin Jeans always appreciates your feedback or other suggestions. You understand that Draggin Jeans may act in any way in response to your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Draggin Jeans do our best to keep Draggin Jeans Websites safe, but cannot guarantee it. Draggin Jeans relies on the assistance and actions of its users to pursue the safe operation of Draggin Jeans Websites. In using Draggin Jeans Websites you agree to the following commitments:
- You will not send or otherwise post unauthorized commercial communications to users (such as spam).
- You will not collect users' information, or otherwise access Draggin Jeans Websites, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
- You will not use Draggin Jeans Websites to do anything unlawful, misleading, malicious, or discriminatory.
- You will not facilitate or encourage any violations of this Statement.
5. Registration and Account Security
In registering an account on Draggin Jeans Websites, you agree to make the following commitments relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Draggin Jeans Websites, or create an account for anyone other than yourself without permission.
- You will not use Draggin Jeans Websites if you are under 13.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
6. Protecting Other People's Rights
Draggin Jeans respect other people's rights, and expect users of Draggin Jeans Websites to do the same. In using the Draggin Jeans Website you agree:
- You will not post content or take any action on Draggin Jeans Websites that infringes someone else's rights or otherwise violates the law.
- Draggin jeans can remove any content you post on Draggin Jeans Websites if it is in violation of this Statement, the law or in any way opposed to the values of Draggin Jeans.
- If Draggin Jeans removed your content for infringing someone else's copyright, and you believe we removed it by mistake, you may contact us and clearly state your reasons to appeal our action. Draggin Jeans will give due consideration to all reasonable appeals, however has no obligation to act in any way to address those appeals.
- If you repeatedly infringe other people's intellectual property rights, Draggin Jeans reserves the right to disable your account without restriction.
- You will not use Draggin Jeans’ copyrights or trademarks (including Draggin Jeans Websites, the Draggin Jeans name, Logos, sub-brands or any other Intellectual Property).
- You may not at any time, collect information from other users of Draggin Jeans Websites.
- You will not post anyone's identification documents or sensitive financial information on Draggin Jeans Websites.
7. Special Provisions Applicable to Links
If you include a link button or any other form of hyperlink to Draggin Jeans Websites on your website, the following additional terms apply to you:
- We give you permission to use Draggin Jeans Websites link only to direct users of your own website through to the Draggin Jeans Websites.
- You will not place a Link button on any page containing content that would; violate this Statement if posted on Draggin Jeans Websites; violate any laws in regard to Intellectual Property; be considered pornographic or offensive; or would otherwise be detrimental, or cause harm, to Draggin Jeans.
- Draggin Jeans can change this Statement at any time at is absolute discretion.
- You agree that it is your responsibility to check this Statement for amendments and that posting a change to this Statement on the Draggin Jeans Websites constitutes adequate notice of that change.
- If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for Draggin Jeans, we can stop providing all or part of Draggin Jeans Websites to you.
- You may also delete your account or disable your application at any time.
- Termination of your account, by you or by Draggin Jeans, does not terminate this Statement. This Statement remains in force to the extent that Draggin Jeans still has access to content provided by you, whether that content is being used by Draggin Jeans in any way.
- You will resolve any claim, cause of action or dispute ("claim") you have with Draggin Jeans arising out of or relating to this Statement or Draggin Jeans Websites in a state or federal court located in Victoria, Australia. The laws of the State of Victoria will govern this Statement, as well as any claim that might arise between a user and Draggin Jeans, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Victoria, Australia for the purpose of litigating all such claims.
- If anyone brings a claim against Draggin Jeans relating to your actions or your content on Draggin Jeans Websites, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
- DRAGGIN JEANS TRY TO KEEP DRAGGIN JEANS WEBSITES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. DRAGGIN JEANS ARE PROVIDING DRAGGIN JEANS WEBSITES "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DRAGGIN JEANS DO NOT GUARANTEE THAT DRAGGIN JEANS WEBSITES WILL BE SAFE OR SECURE. DRAGGIN JEANS IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE DRAGGIN JEANS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. DRAGGIN JEANS WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR DRAGGIN JEANS WEBSITES, EVEN IF DRAGGIN JEANS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DRAGGIN JEANS’ AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR DRAGGIN JEANS WEBSITES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID DRAGGIN JEANS IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH CASES, DRAGGIN JEANS’ LIABILITY WILL BE LIMITED TO EXTENT PERMITTED BY APPLICABLE LAW.
- Draggin Jeans Websites means the features and services Draggin Jeans make available, including through (a) the website at www.dragginjeans.net and any other Draggin Jeans branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) the Platform; and (c) other media, devices or networks now existing or later developed.
- Draggin Jeans means Draggin Jeans Pty Ltd (ACN 083 469 381) ( and/or its affiliates, assigns, licensees)
- Platform means a set of APIs and services that enable applications, developers, operators or services to retrieve data from Draggin Jeans Websites and provide data to Draggin Jeans relating to Draggin Jeans Websites users.
- Content means the content and information you post on Draggin Jeans Websites, including information about you and the actions you take.
- Post means to digitally upload, send or otherwise make available on Draggin Jeans Websites.
- Use means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- This Statement makes up the entire agreement between the parties regarding Draggin Jeans Websites, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- You will not transfer any of your rights or obligations under this Statement to anyone else without Draggin Jeans’ consent.
- All of Draggin Jeans’ rights and obligations under this Statement are freely assignable by Draggin Jeans in connection with a merger, acquisition, corporate restructure, or sale of assets, or by operation of law or otherwise.
- Nothing in this Agreement shall prevent Draggin Jeans from complying with the law.
- This Statement does not confer any third party beneficiary rights.