Terms of Agreement
Welcome to the WhizBang website. By using or browsing this Site, you accept these Terms of Agreement in full. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this Site.
Amendment of terms
We reserve the right to change, modify, add or remove portions of these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Site from the date of publication of the new Terms and Conditions on this Site. Please check these Terms and Conditions regularly prior to using our Site to ensure you are aware of any changes. If you choose to use our Site then we will regard that use as conclusive evidence of your agreement and acceptance of these Terms and Conditions.
Code of Conduct
In using this Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute "spam";
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the Site (unless you are an official partner or advertiser and have a written agreement with us).
The Site owner has the right, but not the obligation, to monitor all conduct on and content submitted to the Service.
REGISTRATION: To fully use the the Service, you must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.
USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Service.
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
- Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or Violates any law.
Only registered members are entitled to receive tips for a video they have created and posted on the site. They must be a member at the time that the tip is submitted.
- Paypal costs and any taxes will be deducted from the tip amount and the remainder will be paid to the member via their Paypal account. If the member does not provide a verified Paypal account, they will not be eligible for tip payments.
- Any tip paid to a video on the site that is not associated with a registered Whizbang member, will be retained by Whizbang and will be transferred into the prize pool (minus any Paypal fees or taxes) as prize money for competitions.
- Any tips received for your video are accrued throughout the calendar month. At the end of the month they will be transferred to your PayPal account in one lump payment, minus the Paypal fee and any taxes (WhizBang does not retain any percentage for itself). Payments will be processed within 30 days after the end of the month.
- Members receiving tips will receive a statement indicating the amount paid via their member email address.
- An tip indictor underneath each video player will provide a tally of the number of tips the video has received. It does not indicate the amount of tips. You will need to wait until you receive your statement and the end of the month.
The Small Print
1. Limitation of Liability
1.1. By using our Site you agree and accept that Screen Weaver is not legally responsible for any loss or damage you may incur in relation to your use of the Site, whether from errors or from omissions in our content or information, any goods or services we may offer, or from any other use of the Site or Services. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any content or information on this Site is entirely at your own risk, for which we shall not be liable.
1.2. It is your own responsibility to ensure that any Services available through this Site meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2.1.The information contained in this Site is for general information purposes only. While we endeavour to keep the information up to date and correct, we can make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the Site for any purpose.
2.2. Any reliance you place on the information is at your own risk. Before acting on any information, we recommend that you consider whether it is appropriate for your circumstances and make your own enquires to determine if the information, products or services are appropriate for your intended use.
3. Links To Other Websites
3.1. WhizBang may from time to time provide, on its Site, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between WhizBang and the owners of those websites. WhizBang takes no responsibility for any of the content found on the linked websites.
3.2. WhizBang’s Site may contain information or advertisements provided by third parties for which WhizBang accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
5.1. To the fullest extent permitted by law, WhizBang absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. WhizBang gives no warranty that our Site or its server is free of viruses or any other harmful components.
5.2. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Site, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on the Site or as to its correctness, suitability, accuracy, reliability, or otherwise.
5.3. It is your sole responsibility and not the responsibility of WhizBang to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure that you are aware of any risk you may be taking by using this Site or or services that may be offered through it. It is your responsibility to do so.
6. Third Parties
6.1. WhizBang does not and will not sell or deal in personal or customer information. We may, however, use non identifiable information without any reference to your name or your information to create marketing statistics, identify user demands and to assist in meeting customer needs generally. In addition, the third party may use the information that you provide to improve its website and services but not for any other use.
7. Disclose Your Information
7.1. WhizBang may be required, in certain circumstances, to disclose information in good faith and where WhizBang is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
8.1. If and when applicable, GST payable on our Services will be set out on our Invoices. By accepting these Terms and Conditions you agree to pay us an amount equivalent to the GST imposed on these charges.
9.1. If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of WhizBang. Competitors are not permitted to use or access any information or content on our Site. If you breach this provision, WhizBang will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
10. Restricting Access
10.1. WhizBang reserves the right to exclude and deny any person access to our Site and our Services, at any time in our sole discretion.
11.Breach of these terms
11.1.You may only use this Site for a lawful purpose and in a manner consistent with the provisions set out in these Terms. You must not use this Site if you think the exclusions and limitations of liability set out in these Terms are unreasonable. We reserve the right to take down content and information found to be in breach of copyright, or which in our reasonable opinion is deemed illegal and/or inappropriate. If you breach the Terms, we reserve the right to block you from the Site, bring court proceedings against you and to enforce our rights against you. All rights not expressly granted in the Terms are reserved.
12.1. You may only use this Site if you agree to indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of this Site.
12.2. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
13. Intellectual property
13.1. WhizBang expressly reserves all copyright and trademark in all documents, information and materials on our Site and we reserve the right to take action against you if you breach any of these terms.
13.2. Any reproduction or redistribution of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk content for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material.
13.3. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
13.4.Nothing in these Terms constitute a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
13.5.Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright that subsists in all creative and literary works displayed on the Site.
13.6.By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
13.7.You consent to any act or omission that would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
13.8.The licence in paragraph (3.3) will survive any termination of these Terms.
13.9. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in paragraphs (3.2) and (3.3).
14.1. If any provision of these Terms and Conditions is held to be illegal, void, or unenforceable in any state or territory then such a clause shall not apply in that state or territory and shall be deemed never to have been included in these Terms and Conditions in that state or territory. Such a clause if legal and enforceable in any other state or territory shall continue to be fully enforceable and part of this agreement in those other states and territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of these Terms and Conditions.
15.1. By accepting these Terms you agree to use your best endeavours to use negotiation and mediation to resolve disputes arising from or in connection with these Terms. Please notify us in writing of any dispute you may have.
17.1.If any clause or provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the clause or provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remaining provisions, which continue in full effect.
17. Entire Agreement
18.1. These Terms and Conditions make up the entire agreement between you and Whizbang and supersede any prior agreement, understanding or arrangement between you and Screen Weaver whether oral or in writing. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth, or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
19.1.These Terms terminate automatically if, for any reason, we cease to operate the Site.
19.2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
These Terms and Conditions and this Site are subject to the laws of New South Wales and Australia. If there is a dispute between you and WhizBang that results in litigation then you must irrevocably submit to the jurisdiction of the courts of New South Wales.