Introduction
Your use of the any of our applications produced by Modern Geek (herein known as “Application(s)”) is subject to these Terms and Conditions, the Privacy Policy, the Disclaimer and any other relevant terms and conditions, policies, and notices which apply to Application(s) or a specific section or module of this Web site (herein known as the “site”). Please read these Terms and conditions carefully before using the Application(s).

Accepting these Terms and Conditions
By creating an account in any of our Application(s) and selecting "I agree to the terms and conditions" you signify your agreement with these Terms and conditions. If you do not agree with any of the below Terms and Conditions, do not use the Application(s). Modern Geek reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time and you agree to be bound by such modifications, alterations or updates.

Restrictions on Use
Prohibited Acts. Concerning your use of the the Application(s) or the site, you agree not to knowingly:
(a) use any device, software or technique to interfere with or attempt to interfere with the proper working of Application(s) or the site;
(b) post or transmit on Application(s) or the site any unlawful, fraudulent, harassing, libellous, or obscene information of any kind;
(c) post or send on Application(s) or the site any information that contains a virus, bug, or other harmful item;
(d) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the content (other than as expressly permitted herein);
(e) post or transmit into or on Application(s) or the site any information (including but not limited to text, imagery, audio recordings or video recordings) in violation of another party’s copyright or intellectual property rights;
(f) take any action which imposes an unreasonable or disproportionately large load on Modern Geek’s or the Application(s) infrastructure;
(g) redelivering, copying, recording any of the content without express written permission; or,
(h) use any device or technology to provide repeated automated attempts to access password-protected portions of Application(s) or the site.

Using Application(s)
By creating an Application(s) account and selecting "I agree to the terms and conditions" you signify you agree to the following:
(a) You retain all of your ownership rights in any recording, text, imagery, video footage being submitted including but not limited to text, recording, tag, category, rating or label (also known herein as “User Submissions”) however you hereby grant Modern Geek a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Application(s) Service and Modern Geek (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Modern Geek Website or Application(s) (and derivative works thereof) in any media formats and through any media channels without reimbursement. You also hereby grant each user of the Application(s) a non-exclusive license to access your User Submissions through Application(s) or the site, and to use, reproduce, distribute, display, share and perform such User Submissions as permitted through the functionality of Application(s) including but not limited to any social media sites in any media formats and through any media channels without reimbursement and under these Terms and Conditions. The above licenses granted by you in User Submissions cannot be terminated as whilst if you decide to delete any User Submissions within Application(s) it will be deleted from the relevant Application(s) database, however user submissions may have already been saved, copied, extracted or modified through a users local device or re-shared as a seperate user submission or external to Application(s), hence we make no gaurantees to completely remove all access to any of your user submissions within Application(s) or through any distribution method.
(b) Allow the sharing of the User Submissions with, including but not limited to, other users of Application(s) and social media sites such as twitter.com, facebook.com etc., including but not limited to playing, modifying, saving and sharing.
(c) By submitting User Submissions to Application(s) you allow the capture and storage of any audio, video, image, text, rating or name through your User Submission(s) using Application(s) or the site.
(e) In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Modern Geek all of the license rights granted herein.

Internet Connection Data.
Whilst we design our applications to download and upload a minimal amount of data, you acknowledge that our Application(s) require an internet connection either through WIFI, 3G or other method in order to download and upload User Submission(s) associated with the Application(s). You agree that any costs incurred for Internet Connection Data by using our Application(s) are your responsibility.

Right to regulate.
You acknowledge that Modern Geek has the right, but no obligation, to monitor the Application(s) and the site and to disclose any information necessary to operate Application(s) or the site, to protect Modern Geek., third parties, Modern Geek’s customers, and to comply with legal obligations or governmental requests. Modern Geek reserves the right to refuse to post or to remove any information including but not limited to User Sumission(s) on Application(s) or the site, in whole or in part, for any reason. Modern Geek reserves the right to change Application(s) or the site at any time at its sole discretion without notice to users. Modern Geek may deny access to Application(s) or the site to anyone at any time for any reason whatsoever.

Compliance with law.
You agree to comply with all governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising) regarding your use of the Application(s) or the site. You may not use Application(s) or the site and may not accept the Terms and Conditions if you are a person barred from using Application(s) or the site under the laws of Victoria, Australia or other countries including the country in which you are resident or from which you use Application(s) or the site.

Your Application(s) or Site Use Activities
Modern Geek takes privacy seriously and will not release or share or disclose any information captured by our application(s). Password-protected areas: If you are allowed access to password-protected areas of Application(s) or the site, you agree to keep your password confidential and to send notice to Modern Geek within 24 hours if your password is compromised. You acknowledge that the Internet is a network of computers worldwide, and that any information submitted by you to Modern Geek necessarily is routed via third party computers to Modern Geek, and that Modern Geek is not responsible for lapses in online security and does not assume liability for improper use of the your information by a third party.

Revisions
Modern Geek reserves the right in its sole discretion to revise these Terms and Conditions for Application(s) or the site at any time without notice. By creating an account in any of our Application(s) and selecting "I agree to the terms and conditions" you are agreeing to be bound by the then current version of these Terms and Conditions.

Copyrights and Restrictions
Application(s) and this site is controlled and operated by Modern Geek. All material within Application(s) or this site, including, but not limited to images, illustrations, audio clips and video clips, is protected by copyrights which are owned and controlled by Modern Geek or by other parties that have licensed their material to Modern Geek. Material from Application(s) or from any other Application(s) or Web site owned, operated, licensed or controlled by Modern Geek may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way except as outlined in these terms and conditions. Modification of the materials or use of the the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of these Terms and Conditions, the use of the any such material on any other Application(s) or Web site or networked computer environment is prohibited.

Governing Law
These Terms and Conditions shall be governed by, construed, interpreted, and enforced in accordance with the laws of Victoria, Australia. Each of the parties irrevocably submits to the nonexclusive jurisdiction of the courts of Victoria, Australia. No party will oppose the enforcement against it in any other jurisdiction of any judgment or order duly obtained from a Victorian court respecting these Terms and Conditions. Any action you, any third party or Modern Geek bring to enforce these Terms and Conditions or, in connection with, any matters related to this web site or Application(s) shall be brought only in the courts of the Province of Victoria, Australia, and you expressly consent to the jurisdiction of said courts.

Privacy Policy
This is the web site of Modern Geek located in Melbourne, Victoria, Australia. This privacy policy relates to captured information from our website (herein known as the "site") or any of our applications (herein known as "application(s)").

We can be reached via our contact page at www.moderngeek.com.au/contact.aspx. For each visitor to our Web page, our Web server automatically recognizes the consumer's domain name and e-mail address (where possible).

We collect and store the e-mail address, username, first name, last name and password for each user that signs up who selects "I agree to the terms and conditions" in any of our application(s).

The information we collect is used to improve the content of our website and application(s) as well as customise each user experience within our application(s), disclosed when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing the site or application(s) and applicable laws or to protect against misuse or unauthorized use of our site or application(s).

With respect to cookies: We do set cookies for statistical purposes on the site. If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the above contact us page.

We take privacy very seriously and we will not share your captured information with any third parties. Upon request we offer visitors the ability to have inaccuracies corrected in contact information.

You can have this information corrected or removed by contacting us at the above contact us page. You must enter the email address you registered with to verify your identity. With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site or application(s).

Entire Agreement
This is the entire agreement between the parties relating to the matters contained herein.

Severability
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, the remainder of these Terms and Conditions shall continue in full force and effect.