Anamorphica Productions Pty Ltd (ABN 82 161 162 382) (“Anamorphica”) working in a joint venture with Moonth Media (ABN 91 754 200 565) (“Moonth Media”), (“Shoot The Messenger ” or “We” or “Us” or “Our”) make available the application Shoot The Messenger to download on the Google Play store to You (“You” or “Your”) subject to the terms and conditions set out in these Application Terms and Conditions (“the Agreement”).
2. Scope of Licence
By purchasing Shoot the Messenger, the product is licenced, and not sold to You. Your use of the licensed application is governed by the Agreement.
This licence is non-transferable and limited to use on Your device. You may not sell, rent, sublicence or distribute Shoot the Messenger in any way. You many not make the application available for use on multiple devices.
This licence and the rights set out in the Agreement are effective until terminated by You or Shoot the Messenger. Shoot the Messenger can terminate the licence immediately and without notice to You if you breach any of the terms of the Agreement. Upon termination You must cease use of the application and delete any copies You have made.
3. Intellectual Property and Trade Marks
Shoot The Messenger application is owned and operated by Shoot The Messenger a joint venture between Anamorphica and Moonth Media. The software, content, visual interfaces, information, graphics, design, compilation, computer code, of the application (collectively, the “Materials”) are protected by Australian copyright, trade mark, patent, international laws and conventions and all intellectual property and proprietary rights, and applicable laws. All Materials contained within the Application are the property of Shoot The Messenger.
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on the Application are the registered and unregistered trade marks of Shoot The Messenger.
Except as expressly authorised by Shoot the Messenger under these Terms and Conditions, You agree not to sell, licence, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Materials, intellectual property and/or trade marks.
4. Specific Use
You hereby indemnify Shoot The Messenger against any loss, liability, damage, cost or expense of whatever nature which Shoot The Messenger or any third party may suffer which is caused by, contributed to, or attributable to or in connection with, whether directly or indirectly, Your use of the Application to send or post any message or material that could be deemed unlawful, abusive, harassing, harmful, threatening, vulgar, defamatory, sexually oriented, racially offensive, pornographic, profane or in violation any applicable law.
Shoot The Messenger makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Application,
6. Consent to Use of Data
You hereby consent to the collection and use by Shoot the Messenger of any information necessary for the running of the Application. Shoot the Messenger may use any of Your technical or related information to improve its products and services, provided that the information does not identify you.
7. Disclaimer of Liability
All conditions, representations and warranties (express, implied, statutory or otherwise) are excluded to the extent permitted by law. Shoot the Messenger makes no representation or warranty as to the Application being free from errors, infection by viruses or anything else that has contaminating or destructive properties and disclaims liability for any losses or damages so ensuing.
Shoot The Messenger shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), including but not limited to loss of data, income or profit, loss of or damage to property and any claims of third parties, personal injury or expense of any nature whatsoever which may be suffered by You or any third party in connection with Your access and use of Shoot the Messenger, or Your material and information transmitted over the Application, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
You agree to defend, indemnify and hold Shoot the Messenger and individuals harmless from any loss, liability, damage, cost or expense of whatever nature caused or contributed to by You, or in connection with the use of the Application or the placement or transmission of any message, information and/or advertising on the Application or through any mobile device by You.
You acknowledge that You may encounter offensive or objectionable material through your use of the application. You agree to use the application at your sole risk. Shoot the Messenger will have no liability to you for any content that may be offensive, objectionable or otherwise.
8. Application Terms
Shoot the Messenger represents itself to work on certain android phones at the time of release, we cannot guarantee the full use of all functions of the application, you accept that there will be updates in the future that could rectify any lack of functionality, Android updates may also cause the some of or all the functionality in the Shoot the Messenger application to cease to function.
9.1 Entire Agreement These Application Terms and Conditions contain the entire agreement between You and Shoot The Messenger in relation to Your use of the Application. These terms, supersede and replace all previous understandings, agreements, representations, whether written or oral, and any warranties between You and Shoot The Messenger in respect of Your use of the Application.
9.2 Variation Shoot the Messenger may at any time modify any of the applicable terms and conditions. You will be bound to the current version of the relevant terms and conditions and, unless otherwise stated, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time You visit the Website or use the Application.
9.3 Severability All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.
9.4 Applicable Laws Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Western Australia. Your use of the the application may also be subject to Your local laws and international laws.
9.5 Comments or Questions If You have any questions, comments or concerns arising from the use of the Website, the Application or any other relevant terms and conditions, policies and notices or the way in which We are handling Your personal information, please contact Us.