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"].
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.
1.5. Individuals under the age of 18 years must obtain their parent's or guardian's consent to use this Website.
User Content submissions
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. 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.
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.
2.4. You warrant and agree that:
(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;
(b) you will obtain prior consent from any person or property that appears in your User Content;
(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;
(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
(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.
WRIGLEY SUPPLIED CONTENT
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:
(i) you must not use the WRIGLEY Supplied Content for any purpose other than for the purpose of including it in your User Content;
(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.
ACCESS TO USER CONTENT
4.1. You may access User Content submitted by other users on the Website solely for:
(a) non-commercial personal purposes of viewing the User Content; and
(b) as intended through the normal functionality of the Website.
Disclaimer and liability
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:
(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;
(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
(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).
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:
(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
(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.
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.
Links to Third Party Sites & Third Party Advertisements
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.
Competitions and Promotions
Intellectual Property & Restrictions on use
Termination and Cancellation
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.
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.