Terms and Privacy

This web site is owned and operated by MYCLOUDWARE.COM.AU and will be referred to as ‘We’,
‘our’ and ‘us’ in this Internet Terms and Conditons of Use (T&C’s).

By using this site or any of our services, you agree to our T&C’s, including the Internet Privacy Policy of this web site (‘the web site’), which is set out on this page. The Internet Privacy Policy relates to the collection and use of personal information you may supply to us through your conduct on the web site.

We reserve the right, at our discretion, to modify or remove portions of these T&C’s at any time.

The Internet Privacy Policy is in addition to any other T&C’s applicable to the web site. We do not make any representations about third party web sites that may be linked to the web site. We recognize the importance of protecting the privacy of information collected about visitors to our web site, in particular information that is capable of identifying an individual (“personal information”). This Internet Privacy Policy governs the manner in which your personal information, obtained through the web site, will be dealt with. This Internet Privacy Policy should be reviewed periodically so that you are updated on any changes. We welcome your comments and feedback.

PROHIBITED USE OF MYCLOUDWARE

You may not upload to the Site any Media, or deliver any physical media, that you do not have the copyright and/or right to communicate by telecommunication or that infringes upon any right of any third party. You may not upload to the Site, or deliver any physical media, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

INDEMNITY

You agree to indemnify and hold MYCLOUDWARE and its subsidiaries, affiliates, agents, representatives, employees, directors, officers or partners harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party due to or arising out of any Media you upload  to or download from the Site, or any physical media we deliver to you or that you deliver to us, your use of the Service, your connection to the Service, your violation of these T&C’s or your violation of the rights of any party. MYCLOUDWARE  shall not be responsible for any technical failures of the Content (Eg. app, streaming, download, music, audio, video or other). MYCLOUDWARE is also not responsible for the content of any third party programs, websites and/or other outlets, nor shall MYCLOUDWARE be responsible for the conduct of any third parties in presenting any such programs, websites or other outlets. This conduct includes the editing, altering, or removing of your content for any reason. We make no guarantees about the number of persons who may be able to access  the service or otherwise be exposed to any such programs, websites and/or other outlets.  We will also not be responsible for any unauthorized use of the content including, but not limited to any “leaked” content over the internet. In no event will MYCLOUDWARE  be liable to company or any third person for any damages whatsoever direct or indirect arising from any technical failures, shipping mishaps and/or any other reason.

BACKUP OF YOUR DATA

We do not provide a data backup service, please do not depend on us to keep back up copies of your data (that’s your job!). You should always ensure that you have several back up copies of your content in several different physical locations.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that your use of the Service, or any service we may license, is at your sole risk and that the Service is provided on an “as is” and ”as available” basis. MYCLOUDWARE makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely or error-free.

 TERMINATION

We or you may terminate this Agreement by giving one months written notice (eg. via email) to the other. Termination will become effective at the commencement of the next billing cycle.

We may terminate your password, account or your use of the Site or Service, or remove and discard any Media, if we believe that you have violated or acted inconsistently with the letter or spirit of these T&C’s. We may also in our sole discretion and at any time discontinue providing the Service, or any part. We shall not be liable to you or any third-party for any termination of your access to the Service.

INTELLECTUAL PROPERTY

The Site, the Service, MYCLOUDWARE and the related applications and software are, contain, and/or use intellectual property that we either own or have the right to use. You may not use any of this intellectual property without our prior written consent. The above also applies to any websites or services that we may supply content to.

PROMOTIONAL USE

For promotional purposes you agree to allow MYCLOUDWARE and it’s authorized users to freely use your image and/or likeness and/or business name (if applicable) to promote MYCLOUDWARE and it’s authorized users services to potential clients and that no payment is due for the use of this content in promotion and marketing of our services.

PAYMENT

Money payable to us by you will become owing upon the start of each billing cycle. At our discretion the costs of debt recovery and collection (including but not limited to reminder notices and statements) may be added to the amount payable in the event of overdue and/or unpaid fees.

ADVERTISING

We run as  Not For Profit Organisation, and may choose to include advertising and promotions  to boost revenues to contributing artists.

MISCELLANEOUS

These T&C’s constitute the entire agreement between you and us and govern your use of the Service and supersede all other agreements and understandings. You agree that all matters relating to the access to, or use of, the Service or Site shall be governed by the laws of the State of Queensland, Australia and the federal laws of Australia applicable therein.

Personal Information

Personal information about visitors to our site is collected only when knowingly and voluntarily submitted. For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.

Use of Information

Personal information that visitors submit to our site is used only for the purpose for which it is submitted or for such other secondary purposes that are related to the primary purpose, unless we disclose other uses in this Internet Privacy Policy or at the time of collection. Copies of correspondence sent from the web site, that may contain personal information, are stored as archives for record-keeping and back-up purposes only.

Disclosure

Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure. We may engage third parties to provide you with goods or services on our behalf. In that circumstance, we may disclose your personal information to those third parties in order to meet your request for goods or services.

Security

We strive to ensure the security, integrity and privacy of personal information submitted to our sites, and we review and update our security measures in light of current technologies. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. However, we will endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for events arising from unauthorized access to your personal information.

Cookies

Cookies are data that a Web site transfers to an individual’s hard drive for record-keeping purposes. Cookies, which are industry standard and are used by most Web sites, including those operated by us, can facilitate a user’s ongoing access to and use of a site. They allow us to customise the web site to your needs. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature. But you should note that Cookies may be necessary to provide you with some features of our on-line services.

Access to Information

We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. If, at any time, you discover that information held about you is incorrect, you may contact us to have the information corrected. In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

Links to other sites

We provide links to Web sites outside of our web sites, as well as to third party Web sites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our website. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that Web site and its privacy statement.

Problems or questions

If we become aware of any ongoing concerns or problems with our web sites, we will take these issues seriously and work to address these concerns. If you have any further queries relating to our Privacy Policy, or you have a problem or complaint, please contact us. Further Privacy Information

For more information about privacy issues in Australia and protecting your privacy, visit the Australian Federal Privacy Commissioner’s web site. www.privacy.gov.au/