upload terms

Upload Terms last updated on 3rd February 2012

This agreement (Agreement) is between you and Thepowertool Pty Ltd A.C.N. 142 139 740 (we, us, our or thepowertool).

General Terms

This Agreement governs the content that you provide to thepowertool when uploading, posting, sharing, submitting, sending, publishing and/or making available to Myloop (the System), via the website displayed www.myloop.biz (the Website) and/or the myloop mobile application (the App), including all comments, photos, illustrations, video clips, sound clips and any other media (Content).

We may at any time and at our sole discretion, amend, revise or modify this Agreement. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review this Agreement. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

thepowertool Account

In order to upload Content, you are required to create a myloop account ( Account). When creating the Account, you must provide accurate and complete information. You are solely responsible for all activity relating to the Account. You must not use another person’s Account without permission from the owner of that Account, and you must notify us if you are aware of any unauthorised access to your Account.

By creating the Account and registering as a user of the Website and/or the App you agree to:

  • accept this Agreement either for yourself or on behalf of another person or entity; and
  • be bound by the terms and conditions contained in this Agreement.
  • Content

    You are solely responsible for all Content that you upload via your Account and for any consequence of uploading that Content. Your account is a private, closed communications system. Your content is confidential to the extent that you decide, in relation to people who you allocate to share information, either generally or for specific projects.

    However, we do not guarantee any security with respect to any Content that you upload via your Account.

    You agree that you will not upload Content that:

  • contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless you are the owner of that material or have permission from the rightful owner of the material or you are otherwise legally entitled to upload the Content and to grant thepowertool all of the licence rights granted herein;
  • contains falsehoods of misrepresentations;
  • is unlawful, threatening, harassing, hateful, facilitates or encourages conduct that could be considered a criminal offence, gives rise to a civil liability, violates any law, or is otherwise inappropriate in the view of thepowertool;
  • impersonates another person; or
  • contains adult-oriented and/or explicit material.
  • You authorise thepowertool to create algorithms based on your Content for the purposes of your content management and distribution:

  • hosting the Content on servers owned or controlled by thepowertool;
  • indexing the Content; and
  • displaying, performing or distributing the Content, in whole or in part.
  • Thepowertool reserves the right to remove from the System, Website and/or the App any Content for any reason whatsoever. The removal of Content from the Website and/or the App may occur without any liability to thepowertool.

    Licence

    Thepowertool may seek your approval for a worldwide non-exclusive, sub-licensable, royalty-free licence, only with your explicit written approval:

  • use, reproduce, distribute, display, publish and adapt part or all of the Content;
  • publicly promote, endorse or market the System, including via the Website or otherwise;
  • perform or carry out any actions associated with achieving any of the above.
  • Thepowertool may use the Content for any period of time beyond your removal of the Content from the website.

    Warranties And Representations

    You warrant and represent to thepowertool that:

  • you have authority to enter in to this Agreement;
  • you are authorised to upload the Content to the System and/or the App;
  • you solely own the Content and you have obtained all necessary rights, clearances, waivers and consents relating to the Content;
  • you are not aware of any pending or ongoing litigation relating to the Content, or any part of it;
  • the Content that you upload to the Website and/or the App is original and is not a reproduction, whether in whole or in part, of another person’s work; and
  • the Content does not contain any viruses, trojans, worms or any other destructive code or content.
  • Indemnity

    In accepting the terms of this Agreement, you agree to indemnify thepowertool and keep thepowertool fully indemnified against all proceedings, claims, actions, damages, costs, losses or harm suffered by thepowertool as a consequence of any breach or non-performance by you of any of the representations or warranties contained in this Agreement.

    Acceptance Of Submissions

    Thepowertool is in no way obliged to accept any Content uploaded by you via your Account.

    Limited Recourse

    You will have no recourse whatsoever against any director, shareholder, agent, representative or individual associated with thepowertool. Any rights or remedies must be brought and enforced against thepowertool pty ltd itself.

    Termination Of Account

    We reserve the right to immediately terminate the Account if you are in breach of this Agreement. Such termination may occur at our sole discretion and without notice to you. If we do decide to terminate the Account, you agree to hold harmless thepowertool and its related entities.

    Governing Law

    The laws of the state of Queensland, Australia govern this Agreement.

    Upload Terms last updated on 3rd February 2012

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