Terms & Conditions
Whooshkaa Pty Ltd is a registered Australian Company.("Whooshkaa", "we", "our", "us", which shall include all affiliated, subsidiary, successor and partner companies).Please read these terms and conditions (the "Terms") carefully as they govern your relationship with us when you use our services (the "Services"), including the services on this website, our applications, or other methods provided by us (the "Site", "Applications" and "Services").
Please note that we may make changes to these Terms from time to time, which will come into effect when posted on this Site. We may not be able to tell you directly of changes to the Terms, so please check the Site regularly for any updates. Your continued use of this Site following the posting of any changes will mean you accept those changes in their entirety.
We have tried to make these Terms as simple and readable as possible. If you have any questions please contact us using our Support system. Unless you have signed a specific commercial agreement with whooshkaa, we assume that your use of the Services is non-commercial.
If you wish to use the Services for commercial purposes you may do so and these Terms will govern that use, provided that we reserve the right to require any commercial user to agree to additional and/or other terms (including terms as to payment) at our discretion. A commercial user who has agreed terms with us as regards the applicable content is referred to in these Terms as a "Partner User". If you are using the Site as an initial trial for commercial use, please let us know.
Except for content which you upload to the Site, all of the music, photos and material on this Site (the "Content") is owned and controlled by us or others, including members of the public. Please respect their interests and rights by not copying or sharing the Content except as permitted on the Site.
The Site contains links to websites and/or services controlled by other businesses and services. We can’t guarantee that they provide accurate information and we can’t be responsible for any content or services they offer.
Content Provided by You
"Posting" means creating and uploading to the Site, or one of our commercial partners' sites, in any way. Any posts, files, data, audio content, text content video content and metadata. This forms "User Content", which expression as used in these Terms shall in addition to the Whooshkaa sound file itself include without limitation photographs, images, biographical words and data, timing, chronology, co-ordinates, tags, titles, usernames, web addresses, user names, comments and responses associated with an Whooshkaa sound file (and any derivatives, extracts and copies thereof) and its creator, subject and location.
By Posting, you are authorising and granting to us and (if applicable) the relevant commercial partner(s) an irrevocable, worldwide, perpetual, royalty-free, and non-exclusive licence to exploit the User Content, in particular by displaying and making it available to the public. If you are a Commercial User/Channel Partner, this may be altered by any specific agreements we hold with you.
You will retain ownership of your User Content at all times. Except that in certain circumstances where you have uploaded your User Content to the site/service of one of our Partners, that Partner may acquire some ownership rights. Please contact us at email@example.com for details of which sites or services this will apply to.
We have the right to store User Content, and at our discretion to make available User Content on the Site, in each case indefinitely. However, we are not obliged to make available, promote or market any User Content. We are not responsible for any loss, theft, rights infringement or damage of any kind to the User Content and you take sole responsibility for the User Content that you provide to us.
In the unlikely event of major disruption (such as force majeure) to our Services, we are not responsible for archiving or retrieving material Posted to us. Partners are strongly advised to take backup and archive measures for their own material. If you wish for advice or assistance, please contact firstname.lastname@example.org.
You must not provide or transmit via the Services any User Content that is offensive, that comprises information that you know to be false or misleading, that promotes or facilitates illegal activities, that is abusive, threatening, obscene, defamatory or libellous, or that infringes any rights of any third party (such as copyright and trade marks). We have the right to take down, edit and/or suspend any User Content, including any User Content that is in our view unsuitable, but we have no obligation to monitor your uploads and you remain solely liable for all User Content you upload.
For the avoidance of doubt: posting copyrighted material that does not belong to you is grounds for immediate deletion of such material, and the termination of your account without appeal or refund.
Please note that we can only take down Content and User Content from our Site; we do not undertake to take down or delete any Content or User Content which has been downloaded or stored elsewhere (for example, User Content which has been embedded in one of our Partners' sites and/or User Content which has been downloaded and stored by another User).
If and when necessary, Whooshkaa will co-operate with lawful authorities in relation to the interception, take-down and disclosure of User Content which comes to our attention and appears to be unauthorised or illegal, which for the avoidance of doubt may include providing all your content and identification details held by us to such lawful authorities.
We strongly advise you not to post your email, telephone number, or other personal details on this site.
When you sign up to Whooshkaa and submit forms for channel set up you are agreeing to:
- Allow Whooshkaa to distribute your content globally, unless we have reached a specific agreement regarding geo-blocking.
- Your brand will be represented on Whooshkaa under a branded channel and promoted above account content on the Whooshkaa website and social media feeds including but not restricted to Twitter, Facebook, Google +, Pinterest, Linkedin, Thinglink, Reddit, Storify etc)
- whooshkaa will store your podcasts for you using Amazon’s Cloudfront Service, and deliver them for you using our bandwidth. By agreeing to this service, you give us rights to mechanically/electronically reproduce such content for the purposes of delivery indefinitely.
- You will retain intellectual property rights over Content that you upload to our Site and Services. Your use of our Services grants us the right to make selections from such content for the purposes of promoting your Channels and Content.
- In the event of termination of this Agreement, we will need a reasonable period of time to close down your services and remove your Content if requested. This is a minimum of 72 hours, but may require longer depending on the Services you use with us.
Objectionable and Infringing Material
We do our best to keep an eye out for unsuitable material on the Site, but you may come across material you find objectionable or offensive. You agree that you use the Services at your own risk and we will have no liability to you for such material, but please do let us know if you come across anything you consider unsuitable and we will investigate.
The Content and User Content on this Site is not filtered before it is viewed and may contain material which some people may find offensive.
You can report offensive material directly via email@example.com. We are under no obligation to take action against any specific post or user, but will look fairly at all reported issues.
For the avoidance of doubt: posting offensive material - including obscene or illegal material, or which attacks, defames or threatens others - is grounds for immediate termination of your account without appeal or refund.
Should you come across any User Content that breaches your intellectual property rights, please let us know all the details via firstname.lastname@example.org. We won't know unless you tell us. We will use reasonable endeavours to investigate and, where necessary, take down any such content as quickly as is practicable in the circumstances.
The Services are available only for people aged 13 or older. We reserve the right to block your access to the Site and the Services if we have reason to believe that you are under 13. The only exception to the foregoing age restriction is for those under 13 who are using the Service as part of a school-led initiative. If you are aged 13 to 17, please read these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms.
To use the Site and the Services at their best you need a compatible terminal or device, internet or mobile access, and (in some cases) particular software. Those are up to you to arrange. As you know, the Services may be affected by the performance of your hardware, software and Internet access.
This site carries third-party advertising provided by Google Adsense and other partners. This does not apply to Partner Channel homepages. We are not responsible for the content of such advertising. However, if you find offensive material within such advertising, please let us know via email@example.com
Your Use of our Services
So that you and others may enjoy the Services to their full potential, please do not do anything that would amount to a breach of these Terms, and in particular please do not:
- act in any way that would damage or disable this Site or the Services;
- impersonate any person or business when you register on the Site or upload User Content;
- use any information or Content or other material obtained on or through this Site for commercial purposes, or use the Site or the Services for commercial purposes, unless you are a Commercial User;
- try to harvest e-mail addresses or other personal information through the Site;
- try to unpick or copy our software, or try to access protected data on the Site by circumventing our security systems;
- send offensive or insulting messages to other users ('trolling'); or
- use the Services to send junk mail or any other unsolicited messages.
You are responsible for any costs, duties, taxes and liabilities incurred by you in Posting, maintaining, repairing, restoring, using, accessing, contributing to or managing your user Content or another person's content.
Unless you are a Partner User, our Services are not intended or supported for professional use. For the avoidance of doubt, any use of our Services is on an "as is" basis. If we decide to charge for any services which are currently available free of charge, we will make this change clear on the Site.
Software used to provide the Services
The software used to provide the Services (the "Software") is owned by or licensed to our affiliates, our software suppliers or us. You may use the Software only for the purpose of using the Services in accordance with these Terms and you acquire no other rights in the Software of any sort. In particular, please do not:
- sell or otherwise distribute any part of the Software;
- modify, adapt, translate or reverse engineer any part of the Software;
- attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorised;
- use the Software or Services for any illegal, unlawful, harassing, abusive or fraudulent purpose; or
- use the Software for any commercial purpose.
Our Services allow you to:
- download and install our applications;
- download Content and User Content on the Site;
- upload your User Content;
- send and receive messages to/from another User;
- create, receive and customise all our Services through our Stream function and/or app;
- connect and share User Content via the social networking functions of social networking sites such as Facebook and Twitter; and purchase additional levels of service.
If we decide to offer any additional services or service levels they will also be covered by these Terms.
In order to get the maximum benefit from the Services, you will need to register on the Site. To register, you will need to provide us with certain information including your name and email /contact details and to choose a username and password, although you may also register using another account (for example, your Twitter account). You agree that you will provide truthful and accurate information when registering or opening an account. The decision to register a password is at our discretion and we may revoke your password at any time.
Please remember that you are responsible for maintaining the confidentiality of your password and your account information, and you are solely responsible for all activities that occur under your password or account. You must immediately notify us of any unauthorised use of your password or account or any other breach of security. You are liable for all activity that takes place on your account. If we don't have your current email address, we can't contact you.
Please ensure that the information we hold is up to date. Please amend your details as appropriate from time to time or email firstname.lastname@example.org to notify us of any changes. If we need to contact you, we will use the email address provided by you at registration or as notified by you at a later date (as applicable).
Our usage rules are simple: we want you to enjoy our Site, but please don't copy, download, re-distribute or exploit any Content or User Content except as permitted by the Site. The best and easiest way to put our content on your site is using one of our Embedded codes - please get in touch with us at email@example.com if you need a hand with it.
If security technology (such as Digital Rights Management) is embedded in any download it's because the copyright owner put it there. Please don't try to circumvent this technology, or ask or encourage anyone else to do so, or we may lose the right to provide you this service.
Occasionally, technical problems may sometimes delay or prevent upload or delivery of a download. We do our best to keep the system working but we can't be liable to you for failures, defects or delays in delivery caused by:
- your provision of incorrect information;
- your computer / mobile device failing to meet the minimum technical requirements for the Services;
- your failure to comply with instructions for use of the Services; or an event which is outside our reasonable control. If such an event occurs, please notify us as soon as possible via firstname.lastname@example.org.
We may, in our sole discretion, terminate or suspend your password, account or use of the Services without notice if you are in breach of these Terms. Termination or suspension of your access rights shall not affect any other right or relief to which we may be entitled in respect of any breach.
In relation to the Services, our liability for any losses that you suffer is strictly limited to the purchase price paid by you. We are not responsible for indirect losses (such as, for example, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however they arise.
We try our best to make the Site and Services an excellent experience but we make no warranty that they will meet all your requirements, that the Content will be accurate or reliable, that the functionality of the Site or the Services will be uninterrupted or free of errors, viruses or any other bug which may be harmful or destructive.
You agree to indemnify us, our affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to or related to your breach of these Terms or your breach of any applicable law, rule, regulation or third party right.
This Section does not in any way limit or exclude our liability for any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability. Nothing in these Terms shall affect your statutory rights as a consumer.
We may be obliged to restrict access to some Content and/or User Content in certain territories for licensing or other reasons. If we do impose any restrictions, please do not try to circumvent any territorial restrictions by providing false location information.
If you are accessing the Site from outside Australia on a permitted and lawful basis some elements of these Terms may not apply to you, and you may have certain additional statutory rights in respect of your use of the Site and the Content. If you have any concerns relating to your use of the Site from outside Australia, you may wish to check the relevant laws and regulations which apply to your territory.
We will not be liable or responsible for any failure to perform, or delay in performance of, the service or any of our obligations that is caused by events outside our reasonable control.In the event that any provision or part of a provision of these Terms shall be, or shall be held to be, illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction that provision shall be severed and the remainder of these Terms shall survive and remain in full force and effect.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with Australian law and you and we hereby submit to the jurisdiction of the Australian Courts as regards any claim or matter arising in relation to these Terms. Please also note that you must comply with all applicable laws and regulations of the country in which you reside. We will not be liable for any breach by you of any such laws.