www.filthyliar.com

TERMS AND CONDITIONS OF USE

WWW.FILTHYLIAR.COM - TERMS AND CONDITIONS OF USE

1. TERMS & CONDITIONS 

1. Filthyliar.com is a social networking service that allows members to create unique personal profiles. Filthyliar.com is owned by Reflex Communications Pty Ltd (ACN 118 363 250) as trustee for the Haas Trust (“Trust”). Access to and use of the website www.filthyliar.com (“Website”), or any of its associated products, is provided by Filthyliar.com. Please read the whole of this document carefully. By using the Website, reading the Content on the Website, or by posting Content on the Website, you, whether or not you are a registered member of Filthyliar.com, signify that you have read, understood and agree to be bound by these Terms & Conditions (“Terms”).

2. Filthyliar.com offers two (2) free services:

   1. Filthyliar.com provides a free service to you (“User”) to read, review and/or browse the Site Content (defined in clause 3.1.1) on Filthyliar.com, on the condition you accept these Terms (“User Service”). If you do not wish to be bound by the Terms after you have read them, please leave this site. If you remain on this site and read, review and/or browse the Site Content, you understand and agree Filthyliar.com will treat your use of the User Service as acceptance of the Terms.

   2. Filthyliar.com provides a free service to you (“Member”) to actively post Site Content on Filthyliar.com and take part in the activities posted on the Website (“Member Services”). As a Member you accept the Terms pursuant to clause 2.

3. Filthyliar.com reserves the right to review and change any of the Terms by updating this page at its sole discretion. You should review this page regularly. Any changes to the Terms take immediate effect from the date of their publication on this page.

2. ACCEPTING THE TERMS

2.1 In order to become a User and/or Member and use the User Services and/or Member Services (“Services”), you must first agree to the Terms. You may not use the Services if you do not agree to the Terms.

2.2 You accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by Filthyliar.com in the user interface for any service.

2.3 In order to access Member Services, you will be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Member Services, or as part of your continued use of the services. You will also be requested to provide Filthyliar.com with a:

2.3.1 User ID, and

2.3.2 password.

2.4 You agree that any registration information you give to Filthyliar.com will always be accurate, correct and up to date.

2.5 Once you have completed the registration process:

2.5.1 you will be a registered member, and

2.5.2 Filthyliar.com will send you an email verifying your email address. By completing the registration process, you agree to be bound by these Terms.

2.6 You may not use the services and may not accept the Terms if:

2.6.1 you are not of legal age to form a binding contract with Filthyliar.com, and/or

2.6.2 you are a person barred from receiving the services under the laws of Australia or other countries including the country in which you are resident or from which you use the services.

2.7 By accepting the Terms, you agree that this is clear and unequivocal proof that the Terms herein are not unconscionable; that there is no unfair bargaining power/position; that there is no duress; and that you have carefully read the Terms which signify there is no unilateral and/or mutual mistake.

2.8 Before you continue, you should print off or save a local copy of the Terms for your records.

3. MEMBERSHIP

3.1 Filhtyliar.com offers the following membership in accordance with the Terms:

3.1.1 Free membership (“Membership”) which will provide access to Filthyliar.com and entitlement to upload, post, transmit, share, store or otherwise make available (“Post”) all information such as data files, written text, music, audio files or other sounds, photographs, videos or other images (“Site Content”).

3.2 A Member will be entitled to:

3.2.1 rebut, comment and vote on Site Content posted to Filthyliar.com.

3.2.2 the option to receive an email notifying the Member of a posting which corresponds to their legal or nominated name.

3.2.3 the statistics attached to any post which corresponds to their User ID showing the number of views and the number of votes which have been made.

3.2.4 the option to receive regular updates. The contents of the regular update may consist of, but are not limited to, first name, most posted, country most posted, state most posted, sex most posted, highest scoring female liar, highest scoring male liar and liar of the week.

4. MEMBERSHIP AGREEMENT

4.1 Filthyliar.com offers Member Services on the Website not available to non-members, on the understanding that you acknowledge that:

4.1.1 access and use of the Website is limited, non-transferable and allows for the sole use of the Website by the Member for personal, non-commercial purposes only for the duration of the membership. Filthyliar.com may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Filthyliar.com. Illegal and/or unauthorised use of the Website, including collecting User ID and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken by Filthyliar.com for any illegal or unauthorised use of the Website.

4.1.2 any use of your Membership by any other person, or third parties, is strictly prohibited. You agree to immediately notify Filthyliar.com of any unauthorised use of your password or User ID or any breach of security of which you have become aware.

4.1.3 you have sole responsibility for protecting the confidentiality of any password and/or User ID that may be issued to you. Use of your password or User ID by any other person may result in the immediate cancellation of your Membership.

4.1.4 you may not expressly or impliedly impersonate another Member of Filthyliar.com or User of Filthyliar.com.

4.1.5 you may not use the User ID or password of another Member at any time.

4.1.6 you are solely responsible for your interactions with other Filthyliar.com Members. ­­­You understand that Filthyliar.com does not in any way screen its Members, nor does Filthyliar.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Filthyliar.com makes no representations or warranties as to the conduct of its Members or their compatibility with any current or future Members.

4.1.7. in no event shall Filthyliar.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the Service or persons you meet through the Services.

4.1.8 ­­­­­­­­­although Filthyliar.com does not have any obligation to monitor the Services, Filthyliar.com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any service. Filthyliar.com may also provide tools to filter out explicit sexual content.

4.1.9 you may not cover, obstruct, obscure or block the banner advertisements on your personal profile page or any Filthyliar.com page via HTML/CSS or any other means.

4.1.10any automated use of the system, such as using scripts to add friends, is prohibited.

4.1.11Filthyliar.com, subject to local applicable laws, reserves the right to discontinue or cancel your Membership at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the website or the service without notice if you breach any of these Terms or any applicable law or if we find your conduct impacts our name or reputation or violates the rights of those of another party.

4.1.12the price (if any) of the Membership Services is subject to change at any time.

4.1.13you may cancel your Membership at any time.

5. CONTENT IN THE SERVICES

5.1 You understand that Site Content which you may have access to as part of, or through your use of the Services are the sole responsibility of the person from which such content originated.

5.2 You agree that you will not post inaccurate, misleading or false information on the Website and if, subsequently, the Site Content becomes obsolete, inaccurate or false, you will promptly notify Filthyliar.com of such information.

5.3 You agree that any Site Content that you Post while using the Services will include the first name and last name of the individual you have made a post about and you will include their Country and State of residence.

5.4 You agree that any Site Content that you Post while using the services will be limited to individuals over the age of 18 years old and that the Site Content is true, based on direct evidence in your possession.

5.5 You agree that all evidence which you have in your possession or which you have relied upon pursuant to clause 5.4 will remain in your possession for a period of seven (7) years.

5.6 You agree that all evidence in your possession will be made available to Filthyliar.com if requested.

5.7 You agree that you are solely responsible for (and that Filthyliar.com has no responsibility to you or to any third party for) any Site Content that you post while using the Services and for the consequences of your actions (including any loss or damage which Filthyliar.com may suffer).

5.8 You agree that by clicking the re-confirmation button before your Site Content is posted to Filthyliar.com, this is evidence and proof that you have read and understand the Terms.

5.9 You agree that by clicking the re-confirmation button before your Site Content is posted to Filthyliar.com that you agree to the Terms and that this is clear and unequivocal proof that the Terms herein are not unconscionable; that there is no unfair bargaining power/position; that there is no duress; and that you have carefully read the Terms which signify there is no unilateral and/or mutual mistake.

5.10 You agree that you are solely responsible for (and that Filthyliar.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Filthyliar.com may suffer) of any such breach.

5.11 You agree to use the services only for purposes that are permitted by (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

6. TERMINATION OF CONTRACT

6.1 The Terms will continue to apply until terminated by either you or by Filthyliar.com as set out below.

6.2 If you want to terminate your legal agreement with Filthyliar.com, you may do so by (a) notifying Filthyliar.com at any time and (b) closing your accounts for all of the services which you use, where Filthyliar.com has made this option available to you. Your notice should be sent, in writing, to Filthyliar.com via the ‘Contact Us’ link on our homepage.

6.3 Filthyliar.com may at any time, terminate its legal agreement with you if:

6.3.1 you have breached any provision of the Terms or intend to breach any provision; or

6.3.2 Filthyliar.com is required to do so by law; or

6.3.3 the partner with whom Filthyliar.com offered the Services to you has terminated its relationship with Filthyliar.com or ceased to offer the Services to you; or

6.3.4 Filthyliar.com is transitioning to no longer providing the services to Members in the country in which you are resident or from which you use the service; or

6.3.5 the provision of the services to you by Filthyliar.com is, in the opinion of Filthyliar.com, no longer commercially viable.

6.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Filthyliar.com have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

7. LINKS TO FILTHYLIAR.COM

7.1 You are welcome to create links from your website to Filthyliar.com. However, no Trade Mark or logo of Filthyliar.com shall be used without prior written authorisation obtained from Filthyliar.com.

8. COPYRIGHT AND INTELLECTUAL PROPERTY

8.1 The Website, Services, and all of the related products of Filthyliar.com are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Site Content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved by Filthyliar.com or its contributors.

8.2 Filthyliar.com retains all rights, title and interest in and to the website and all related content. Nothing you do on or in relation to the Website will transfer any:

8.2.1 business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

8.2.2 a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

8.2.3 a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

8.3 Filthyliar.com claims no ownership or control over any Site Content submitted, posted or displayed by you on or through the Website. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Site Content you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Site Content on or through the Website which is intended to be available to the members of the public, you grant Filthyliar.com, non-exclusive, royalty-free license to reproduce, publish and distribute such Site Content on the Website.

8.4 You may not, without the prior written permission of Filthyliar.com and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Site Content of, or create a derivative work from the Website for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

8.5 You retain copyright and any other rights you already hold in Site Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Site Content you give Filthyliar.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Site Content which you submit, post or display on or through the Website.

9. GENERAL DISCLAIMER

9.1 Use of the Website, the Services, and any of the products of Filthyliar.com, is at your own risk. Everything on the Filthyliar.com, the Services, and the products of Filthyliar.com, are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Filthyliar.com make any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with Filthyliar.com, its use, its Site Content or any products or Services (including the products or services of Filthyliar.com) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

9.1.1 failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

9.1.2 the accuracy, suitability or currency of any information on the website, the service, or any of its Site Content related products (including third party material and advertisements on the Website);

9.1.3 costs incurred as a result of you using the Website, the Services or any of the products of Filthyliar.com;

9.1.4 for the Site Content or operation in respect to links which are provided for the Member’s convenience;

9.1.5 of any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

9.1.6 for any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

10. LIMITATION OF LIABILITY (IF ANY)

10.1 The total liability of Filthyliar.com to you (if any) for loss, damage or reliance shall be limited to the re-supply of the information or the Services or payment of the amount paid by you (if any) for accessing the Website, the Services or any of the products of Filthyliar.com.

10.2 You expressly understand and agree that Filthyliar.com, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

10.3 Filthyliar.com is not responsible or liable in any manner for any Site Content posted on the Website or in connection with the Services, whether posted or caused by Users or Members of Filthyliar.com, by third parties or by any of the services offered by Filthyliar.com.

10.4 Filthyliar.com does not control and is not responsible for Site Content that Members of Filthyliar.com have posted and are not responsible for any offensive, inappropriate, obscene or unlawful Site Content you may encounter on the website or in connection with any Site Content on the Website.

11. INDEMNITY

11.1 You agree to indemnify Filthyliar.com, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

11.1.1 all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; and/or

11.1.2 any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms.

12. DISPUTE RESOLUTION

12.1 Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

12.2 Notice:

A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

12.3 Resolution:

On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:

12.3.1 Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

12.3.2 If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Institute of Victoria or his or her nominee;

12.3.3 The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

12.3.4 The Parties and the mediator must mediate the Dispute in accordance with the Mediation Code of Practice of the Law Institute of Victoria (“LIV Code”).

12.4 Confidential:

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

12.5 Termination of Mediation:

If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

12.6 Legal Proceedings:

In the event that the Dispute is not resolved at the conclusion of the mediation, either Party may institute legal proceedings concerning the subject matter of the Dispute thereafter.

13. GOVERNING LAW

13.1 This agreement is governed by the laws of Victoria, Australia.

13.2 If any part of this agreement is found to be invalid or unenforceable, it shall be severed to the extent possible without affecting the remainder.

13.3 This agreement and any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to this agreement and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. This agreement shall be binding to the benefit of the parties hereto and their successors and assigns.

13.4 Both parties confirm and declare that the provisions of this agreement are fair and reasonable and both parties having taken independent legal advice and declare this agreement is not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

14. VENUE AND JURISDICTION

14.1 The services offered by Filthyliar.com are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

14.2 Any claim may be adjudicated by a court of competent jurisdiction located in Victoria, Australia. You and Filthyliar.com agree to submit personal jurisdiction to the courts located within Victoria, Australia, and you hereby waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state of Victoria and the Federal Courts of Australia.

15. INDEPENDENT LEGAL ADVICE

1. You agree that you have obtained independent legal advice for any conditions which you do not fully understand.

16. SEVERANCE

16.1 If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.