TERMS OF USE

  1. Introduction

    1. 1.1. The 5X Mutant Gum website and its contents ("Website") is owned and operated by The Wrigley Company Pty Ltd (ABN: 85 000 008 560) ["WRIGLEY", "we" or "us"].
    2. 1.2. By accessing or using this Website, you agree to accept and comply with these Terms of Use and the Privacy Policy and such other notices displayed elsewhere on the Website. If you do not accept these Terms of Use, exit this Website immediately.
    3. 1.3. WRIGLEY reserves the right to amend these Terms of Use by placing a revised version of the Terms of Use on the Website (without any notice to you). We therefore encourage you to check this document regularly. Any updated version of these Terms of Use will supersede and replace any prior version.
    4. 1.4. This Website is intended for Australian and New Zealand residents only. Residents from other countries can however use this Website. The use of this Website is void where prohibited.
    5. 1.5. Individuals under the age of 18 years must obtain their parent's or guardian's consent to use this Website.
  2. User Content submissions

    1. 2.1. Unless WRIGLEY specifies otherwise, you are able to create mutant characters in accordance with the functionality of the Website ("User Content") via the Website. To submit User Content by way of a mutant character, you will be required to follow the directions placed on the Website. This will require among other things that you allow the following access within your Facebook Account:

      Access to your basic information

      Includes name, profile picture, gender, networks, user ID, list of friends and any other information you've shared with everyone.

      Post to your Wall

      WRIGLEY may post status messages, notes, photos and videos to your Wall.

      Access to your friends' information

      If accepted, the website application will allow you to search through your facebook friends and access their profiles (including mutant characters).
    2. 2.2. When you submit any materials via the Website including User Content, you, unless WRIGLEY advises otherwise, license and grant WRIGLEY, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such User Content, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.
    3. 2.3. You agree that you are fully responsible for the User Content you submit. WRIGLEY shall not be liable in any way for such User Content to the full extent permitted by law. WRIGLEY may remove any User Content without notice for any reason whatsoever.
    4. 2.4. You warrant and agree that:
      1. (a) you will not submit any User Content that is unlawful or fraudulent, or is in breach of any intellectual property, privacy, publicity or other rights, or that is defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
      2. (b) you will obtain prior consent from any person or property that appears in your User Content;
      3. (c) your User Content will be original content created by you personally, except to the extent it contains WRIGLEY Supplied Content (see below definition), in which case you warrant that you have complied with terms and conditions that relate to the use of the WRIGLEY Supplied Content;
      4. (d) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems; and
      5. (e) your User Content will not contain or refer to any food or beverage products other than those of WRIGLEY; it must not directly contain or reference any third party trademarks, and it must not directly contain or reference any names or third party logos (other than the WRIGLEY brand logo with the permission of WRIGLEY). The validity of any third party references will be determined by WRIGLEY, in its absolute discretion.
  3. WRIGLEY SUPPLIED CONTENT

    1. 3.1. WRIGLEY may make available video, sound recordings or images on the Website, which is either owned by or licensed to WRIGLEY ("WRIGLEY Supplied Content") to individuals to use as part of their User Content. WRIGLEY Supplied Content is only provided to you on the following terms and conditions:
      1. (i) you must not use the WRIGLEY Supplied Content for any purpose other than for the purpose of including it in your User Content;
      2. (ii) you must not use the WRIGLEY Supplied Content for any commercial purpose or sell or otherwise deal with it in any other way than permitted under these Terms of Use; and
      3. (iii) you may download the WRIGLEY Supplied Content and remix and edit it with your own original User Content, and you may upload your User Content containing the WRIGLEY Supplied Content to this Website, YouTube and SoundCloud, as applicable, however you must not otherwise use the WRIGLEY Supplied Content, including uploading your User Content containing the WRIGLEY Supplied Content, on any other website other then the websites mentioned in this clause.
  4. ACCESS TO USER CONTENT

    1. 4.1. You may access User Content submitted by other users on the Website solely for:
      1. (a) non-commercial personal purposes of viewing the User Content; and
      2. (b) as intended through the normal functionality of the Website.
  5. Disclaimer and liability

    1. 5.1. This Website is provided on an "as is" basis. To the fullest extent permissible by law, WRIGLEY, its affiliated companies and sponsors and their respective directors, employees, agents and contractors:
      1. (a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Website, your access to the Website or results of your access, or the information, content, materials or products on the Website;
      2. (b) Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components; or
      3. (c) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the appropriateness, legality or origin of any User Content (to the full extent permitted by law).
    2. 5.2. Subject to any non-excludable liability for breach of conditions or warranties implied by legislation (under the Australian Competition and Consumer Act or Australian State or Territory fair trading laws or fair trading laws in NZ, as applicable) and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission, including any negligent act or omission, on the part of WRIGLEY, its affiliated companies or sponsors or their respective directors, employees, agents and contractors) will WRIGLEY, its affiliated companies or sponsors and their respective directors, employees, agents or contractors accept liability of any kind whatsoever, including any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website, or arising out of or in connection with your breach of these Terms of Use by you.
    3. 5.3. WRIGLEY's liability for breach of any implied warranty or condition which cannot be excluded (under the Australian Competition and Consumer Act or Australian State or Territory fair trading laws or fair trading laws in NZ, as applicable) is limited at the option of WRIGLEY, where it is legally permitted to, the following:
      1. (a) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again; or
      2. (b) in the case of goods, 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 acquiring equivalent goods; or the payment of the cost of having the goods repaired.
  6. Indemnity

    1. 6.1. You agree to indemnify and keep indemnified WRIGLEY, its affiliated companies and sponsors and their respective officers, employees, agents and contractors ("those indemnified") in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your, or your willful or negligent act or omission with respect to your use of the Website (or any part of it), or the violation of these Terms of Use by you, or the infringement by you of any intellectual property or other right of any person or entity.
  7. Applicable law


    1. 7.1. The Terms of Use are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms of Use is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms of Use will remain in full force and effect.
    2. 7.2. WRIGLEY makes no representation that the content of the Website complies with the laws of any country outside Australia and New Zealand. All rights not expressly granted herein are reserved.
  8. Links to Third Party Sites & Third Party Advertisements

    1. 8.1. WRIGLEY assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the Website. Except as WRIGLEY may specifically direct otherwise, WRIGLEY does not endorse, sponsor, approve or authorise the content of those third party websites and you access those third party websites at your own risk.
  9. Competitions and Promotions

    1. 9.1. Certain parts of the Website may contain competitions or promotions from WRIGLEY or third parties. The Terms and Conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant Terms and Conditions (as well as these Terms of Use). Notwithstanding any specific Terms and Conditions or these Terms of Use, WRIGLEY specifically retains the rights, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you (subject to the written directions of a regulatory authority where necessary).
  10. Intellectual Property & Restrictions on use

    1. 10.1. The Website is subject to copyright under Australian and New Zealand law and, under international treaties, and the laws of many other countries. The Website contains trademarks, intellectual property and copyright protected works which is owned by WRIGLEY, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or these Terms of Use, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website, or incorporate any part of the Website into another website without WRIGLEY's express consent.
  11. Termination and Cancellation

    1. 11.1. WRIGLEY reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Website, or terminate or cancel the Website at any time without notice. Without limiting the operation of any other Terms of Use herein, WRIGLEY will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on WRIGLEY's liability will survive such termination.
  12. General

    1. 12.1. WRIGLEY reserves the right, although is under no obligation, to verify at any time, the users of the Website (including details provided) and the User Content. Failure to exercise these rights at ay time does not constitute a waiver of those rights.
    2. 12.2. WRIGLEY may assign any of its rights and obligations under these Terms of Use to any third party. You may not assign your rights or obligations without the express permission of WRIGLEY in writing.
    3. 12.3. WRIGLEY's decision in relation to any decision pertaining to your use of the Website is final, and no correspondence will be entered into, except where WRIGLEY agrees otherwise.
    4. 12.4. You agree that you will not use this Website for any purpose that is unlawful, or prohibited by these Terms of Use. You agree that you will not use this Website to spam, transmit or upload any material that contains viruses or any other harmful programs or that breach any laws including intellectual property or privacy rights, interfere with or disrupt this Website.
    5. 12.5. Please see our privacy policy on this Website for details about how we store, handle and use any personal information that you provide to us.
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