Terms Of Use

DATE NIGHT APP TERMS OF SERVICE

Before going on Date Night

At Date Night, we’re here to help you meet people and have fun! To help everyone enjoy Date Night, we’ve created these Date Night app Terms of Service , our Safety First Policy at http://www.datenighttv.com.au/safety and our Privacy Policy at http://www.datenighttv.com.au/privacy for everyone to respect each other and take care of themselves (the TOS). Please take a few moments to read them before going on Date Night, because once you access, view or use Date Night, You are promising to comply with the TOS.

  1. The television program Date Night (Program) is produced by Screentime Pty Ltd (us, our, we).
  2. Date Night is an application that complements, accompanies and features in the Program. Using Date Night is free but we may offer in-app purchases at a future time.
  3. You must be 18 years of age or over to be a user of Date Night. By accessing, viewing or using Date Night, you unconditionally agree:

    • to the TOS;
    • for your Account (see Going on Date Night below) profile, including your image and identifiers (other than Contact Details) to appear and be used in the Program; and
    • to be contacted by us, maybe, if we decide to ask you to otherwise appear in the Program.
    If we contact you to otherwise appear in the Program, you agree to keep confidential that we have contacted you and the subject of the call, except that you may disclose such information to your professional advisors solely for the purpose of advice about the subject of the call.

    We will not communicate any of your Contact Details except as permitted by the TOS. Contact Details are information which someone you don’t know could use to make contact with you, such as surname, street address, and telephone number, that you enter into your Account unless you give us express permission to do so solely for the purposes of the Program. We are bound by the Privacy Act 1988 and by the Australian Privacy Principles. Check the Privacy Policy for more detail.

    Your email address will be available, and you consent to it being available, on your Date Night profile, which can be seen by other members.

Be Safe on Date Night

While we’re committed to fun, safety makes it better.

  1. Before setting up your Account on Date Night, please ensure you’re familiar with our Safety First Policy. It’s there to give you tips to stay safe and respect others while enjoying Date Night.
  2. Your safety is your responsibility. While the Safety First Policy sets out tips on staying safe, you must make your own safety arrangements according to your own circumstances.
  3. While we want you to stay safe, we are not, and you agree we are not, responsible for your safety in connection with Date Night.
  4. If we request it, you agree to submit to background checks including police checks.

Going on Date Night

To start the good times, you must set up a Date Night account (Account).

  1. As well as being 18 years or over, to set up an Account, you must:

    • not have been convicted of any serious offence of dishonesty or violence against persons or property and you must not be listed on any sex offender register;
    • you must not have had a previous account with us or with any other dating app cancelled for misconduct of any kind; and
    • have a valid Facebook or email account.
  2. You must provide all required information answering truthfully.
  3. You agree that we may access and monitor your usage of Date Night and your content so that we can carry out our responsibilities. If you create an Account with your Facebook account, you also grant us permission to access and display your Facebook account information such as your public profile, pictures, relationship status, location and information about Facebook friends. To read more about it, please see our Privacy Policy.

Enjoying Date Night

Here's how to enjoy Date Night.

  1. You must only use your own Account to go on Date Night.
  2. You must keep your Account login details confidential.
  3. You must use your real name.
  4. We grant you a licence to use Date Night subject to the TOS. The licence cannot be sublicensed or assigned by you to anyone else. This licence is revocable, non-exclusive, royalty free, and worldwide.
  5. You must only use Date Night as intended by us and in accordance with the TOS.
  6. When using Date Night, you must:

    • act in accordance with all applicable laws; and
    • be courteous to, and respectful of, others.
  7. You are responsible for all activity and content on your Account including (without limitation) that which becomes available through Facebook (your Material), and (without limiting clause 16) you must ensure the content on your Account does not contravene the terms set out under Date Night Fails below and that your Material complies with, and does not contravene, applicable laws.
  8. You grant us a transferable, sub-licensable, royalty-free, irrevocable and worldwide right and licence to use your Material in any way, manner and media for the purpose of creating, developing, producing, operating, exploiting and promoting the Program, Date Night and any advertiser, sponsor, product, service and/or other entity associated with the Program and/or Date Night.
  9. We may serve you advertising and send you push notifications through Date Night.

Date Night Fails

Everyone wants to have a great time. Here are a few Date Night fails to avoid.

  1. Without limiting clauses 15 and 16, you must not:

    • use Date Night (or any content within it) for commercial purposes without Our express and prior written consent;
    • use any intellectual property in connection with Date Night and the Program for any purpose without Our express and prior written consent;/li>
    • attempt in any way to tamper, interfere, undermine, destroy or otherwise compromise Date Night;/li>
    • use Date Night in any way that is illegal or for illegal purposes;/li>
    • use another member’s Account;/li>
    • use other members’ content without their express prior permission;/li>
    • use Date Night to collect, analyse or use any data in connection with Date Night without Our express and prior written consent.
  2. The following content is not permitted on Date Night:

    • requesting personal or financial details – such as contact information like phone numbers, email address, home or work address, or any banking information regardless of whether that information is yours or someone else’s;
    • illegal content – anything not permitted by law;
    • defamatory content – anything that defames or potentially defames another person;
    • discriminatory content – that which discriminates against any person or group of persons on any grounds such as (without limitation) race, sexual orientation, or religious beliefs;
    • offensive content – that which offends or is likely to offend others such as (without limitation) racist, sexist, harassing or hateful content;
    • pornographic content – !;
    • junk mail and spam – don’t do it;
    • commercial content – whether intentional or unintentional, that which in any way promotes, publicises, advertises, or otherwise, a product or service;
    • infringing content – using content in any way without permission of the rights owner of that content;
    • undertaking, via Date Night or by any other means, any form of offensive, bullying, ‘stalking’, threatening or violent behaviours, by words or actions – and ‘no’ always means ‘no’ on Date Night – and remember that what you consider OK in your group may be offensive and unacceptable to others – respect!;
    • hacking, mirroring, scraping, data mining or copying stuff, using malicious code, or any of that techie stuff that is not obviously how intended people to enjoy Date Night.
  3. We may remove any content at any time for any reason and without notice.
  4. We may terminate your Account at our absolute discretion, without notice, giving reasons or being liable to you in any way – that’s the risk you take – our house, our rules!;
  5. If you would like to report any Date Night Fails, please email datenight@screentime.com.au.

Ending Date Night

Sometimes, good things must come to an end. When it’s time to end Date Night, one of the following will happen:

  1. You may delete your Account at any time.
  2. We may terminate your Account at any time if we believe you have breached the TOS.
  3. We may also terminate your Account if we determine in our sole discretion to shut down Date Night whether permanently or temporarily.
  4. It may take a few days for your Account to be completely removed, and we may keep it on file in case you decide to come back.
  5. Termination of your Account does not affect any consents or grants you have made herein.

Intellectual Property

  1. You acknowledge and agree that:

    • Date Night is owned by us and our assigns and licensors;
    • you promise that you are entitled to assign or license to us all material created or supplied by you in connection with your Account or the Program (including, but not limited to, all photographs and recordings). You assign to us and our assigns and licensors copyright in the material you create or provide for the Program; and
    • to the extent you have moral rights in any such material under clause 30.b., you waive such rights or consent to such acts that would, but for this consent, infringe your moral rights.

Privacy

  1. You consent to our disclosing the personal information in your Account to any assignee or licensee of the Program rights solely for the purposes of use in and in connection with Date Night and the Program. See the Privacy Policy for more information about permitted disclosures and use of your personal information.<.li>

Warranties & Representations

You warrant and represent that:

  1. you have the right to grant us the consents and rights granted under the TOS including, without limitation, those under clauses 3, 10, 18, and 30 and 31;
  2. the permission of no other person is require to grant the consent and rights granted under the TOS; and
  3. the information you provide, and the warranties and representations you make in connection with Date Night and the Program, are true and correct.

Liability and Indemnity

  1. You acknowledge that you have taken time to think through your use of Date Night and participation in the Program so that you may make an informed decision about them.
  2. You warrant and represent that you have read and unconditionally accepted the TOS and decided to use Date Night and participate in the Program of your own volition and in full understanding of all obligations and risks in doing so.
  3. To the fullest extent permitted by law, we make no warranties or representations about Date Night or the Program.
  4. To the fullest extent permitted by law, you release us, our assigns and licensees (including, without limitation, Nine Network Australia Pty Ltd and its assigns and sub-licensees and all advertisers, sponsors, products, services and other entities associated with the Program and/or Date Night) and any other person (Released Parties) from any and all claims and liability whatsoever (including, without limitation, claims for any form of injury, illness, death, damage, loss or harm to you or your property, or for defamation or breach of privacy or confidentiality) arising in any way out of or in connection with the Program and Date Night, including but not limited to the production or exploitation of the Program, your participation and/or appearance in and in connection with the Program and/or on Date Night including any publicity, promotional, advertising, sales, sponsorship or other ancillary activity for the Program, Date Night and/or any of the Released Parties, the operation or your use of Date Night, and/or any communications or other interactions you may have on or off of Date Night as a result of your use of Date Night and/or your participation in the Program (Claims).
  5. You waive and agree not to exercise any right you may have to equitable relief such as specific performance or injunctions against any of the Released Parties.
  6. To the fullest extent permitted by law, you indemnify each of the Released Parties against all claims, damages and loss suffered or reasonably incurred by any of the Released Parties as a result of or in connection with any Claims or your breach of any of the TOS or if any of your warranties or representations are or become untrue or incorrect.
  7. We hold the benefit of the release, waiver and indemnity under the TOS as agent for each of the Released Parties other than Us.

Third Party App Store

  1. To access and use Date Night, you may be required to use a third party app store, which may be subject to that third party’s own terms and conditions.
  2. The TOS are between you and Us and do not include any third party app stores.

General

  1. Nothing in the TOS and conditions creates a relationship between you and Us or any other person in relation to the use of Date Night or the production or exploitation of the Program of employer and employee, principal and agent, partnership, or joint venture.
  2. If any provision of the TOS is invalid, illegal or unenforceable, that provision will be read down to the extent of the invalidity, illegality or unenforceability, and the balance will remain in effect, and if it is deemed inapplicable to any person or circumstance, it will nevertheless remain applicable to all others and circumstances.
  3. The failure or delay in exercising a right under the TOS is not a waiver of such right.
  4. We may amend the Terms at any time, and your continued use of Date Night following any such amendments is your acceptance of them.
  5. The TOS and conditions are governed by the laws of New South Wales, and you submit to the exclusive jurisdiction of the courts in that state.
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