By using any applications (including mobile applications) made available by Two Hoots Technologies Pty Ltd (together, “Two Hoots” and “Two Hoots App”) you agree to the following terms and conditions, and any policies, guidelines or amendments that may be presented to you from time to time (the “Terms”).
We recognise how important your privacy is to you, and understand that you choose to use Two Hoots because we keep conversations private.
Copyright and intellectual property
When you communicate using Two Hoots, you are submitting content (“Content”). You keep ownership of any intellectual property rights that you hold in that Content.
It is your responsibility to ensure that you have the necessary rights to grant us this license for any Content that you submit.
We always appreciate your feedback or other suggestions about Two Hoots, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
Your responsibility for good conduct
Two Hoots is intended to be a respectful medium. Your messages must not contain Content which is offensive. For the avoidance of doubt, we consider offensive content to be that which includes (but is not limited to):
- Swearing, whether written or recorded; sexually explicit, hateful, discriminatory or threatening language, whether written or recorded, or
- Images which are violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive.
Your messages should be relevant and sincere, and not be dishonest. You should not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or organisations or use Two Hoots in a vexatious manner.
Do not use such Two Hoots in a way that distracts you and prevents you from obeying traffic or safety laws.
You agree that Two Hoots is not responsible for, and does not endorse Content, and makes no representations on behalf of organisations or people listed in Two Hoots.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights.
With the exception of people or businesses that are expressly authorised to create accounts on behalf of their employers or clients, Two Hoots prohibits the creation of and you agree that you will not create an account for anyone other than yourself and you understand that Two Hoots may take steps to verify the validity of the email address you provide.
You agree that you will not solicit, collect or use the login credentials of other Two Hoots users. You are responsible for keeping your own password secret and secure.
You may not use Two Hoots for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations (for example, federal, state and local) applicable to your use of Two Hoots and your Content (defined above), including but not limited to, copyright laws.
You must not access Two Hoots’s servers by means other than those permitted by Two Hoots.
You must not interfere with or disrupt Two Hoots servers or networks connected to Two Hoots, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way Two Hoots operates.
You must not create Two Hoots accounts through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
Two Hoots may, at its sole discretion, suspend or stop providing your use of Two Hoots by blocking your account if you do not comply with the letter or spirit of our terms or policies.
You agree to hold harmless and indemnify Two Hoots, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively ” Two Hoots and Partners”) from and against any third party claim arising from or in any way related to your use of Two Hoots, violation of the Terms or any other actions connected with use of Two Hoots, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Two Hoots will provide you with written notice of such claim, suit or action.
Two Hoots is provided using a commercially reasonable level of skill and care and we hope that you will enjoy using it. But there are certain things that we don’t promise about our Service.
To the extent permitted by law, we exclude all warranties.
You accept that Two Hoots makes no guarantees as to:
- the availability of Two Hoots
- the timeliness of the delivery of messages sent via Two Hoots, or
- the responsiveness of people or organisations in responding to messages sent via Two Hoots.
Your use of Two Hoots is at your sole risk. Other than as expressly set out in these terms or additional terms, neither Two Hoots nor its suppliers or distributors make any specific promises about Two Hoots. For example, we don’t make any commitments about the content within Two Hoots, the specific functions of Two Hoots, or its reliability, availability, or ability to meet your needs. We provide Two Hoots “as is” and “with all faults”.
By accessing or using the Service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Service.
You acknowledge that Two Hoots is not intended as a means of reporting an emergency and that Two Hoots makes no guarantees as to the availability of its Service.
Limitation of liability
You expressly understand and agree that Two Hoots and partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Two Hoots or partners have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Two Hoots Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Two Hoots Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Two Hoots Service; or (v) any other matter relating to the Two Hoots Service.
You agree that you are responsible for all data charges you incur through use of the Service.
You agree that any material obtained through the use of Two Hoots is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
This agreement is governed by the law of Queensland, Australia and the parties submit to the exclusive jurisdiction of the courts of Queensland, Australia.
This agreement embodies the entire agreement of the parties about its subject matter. If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force.
We are constantly changing and improving Two Hoots. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using Two Hoots at any time, although we’ll be sorry to see you go.