TERMS AND CONDITIONS
Use of this Website and App
The use of this website is subject to the following Terms & Conditions:
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness or performance of this website.
Acceptance of Terms & Conditions
Changes to Terms & Conditions
We reserve the right to change, alter, replace or otherwise modify these Terms & Conditions at any time. The date of last modification is stated at the end of these Terms & Conditions. It is your responsibility to check this page from time to time for updates.
When we make any updates to these Terms & Conditions, we will highlight this fact on the Website. In addition, if you register an account and these Terms & Conditions are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending a message to your ClubWire ® account and/or an email to the email address that you have provided to us, and the revised Terms & Conditions will become effective six (6) weeks after such notification. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of the Platform after the end of that six (6) week period will constitute your acceptance of the revised Terms & Conditions.
Your ClubWire account
Your use of the Platform
Subject to your strict compliance with these Terms & Conditions and our Community Guidelines at any and all times during your use of the Platform, ClubWire grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to view Content uploaded and posted to the Website, to listen to audio Content streamed from the Platform or offline and to share and download audio Content using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the “Uploader”), and subject to the territorial availability of that feature and audio Content. In addition, if you register to use the Platform, and subject to your strict compliance with these Terms & Conditions at any and all times during your use of the Platform, ClubWire grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:
• submit, upload or post Content to and keep such Content available on the Platform strictly as permitted in accordance with these Terms & Conditions and any other applicable terms posted on the Website from time to time;
• participate in the community areas and communicate with other members of the ClubWire community strictly in accordance with these Terms & Conditions; and,
• use Apps and other Services provided as part of the Platform strictly as permitted in accordance with these Terms & Conditions and any other terms applicable to those Apps or Services from time to time.
The above licenses are conditional upon your strict compliance with these Terms & Conditions and our Community Guidelines at any and all times during your use of the Platform, including, without limitation, the following:
• You must not copy, rip or capture, or attempt to copy, rip or capture, any audio Content from the Platform or any part of the Platform, other than by means of download or store for offline listening in circumstances where the relevant Uploader has elected to permit downloads or offline listening of the relevant item of Content.
• You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform at any and all times, except (i) where such Content is Your Content at any and all times during your use of the applicable Content, or (ii) as permitted under these Terms & Conditions, and within the parameters set by the Uploader (for example, under the terms of Creative Commons licenses selected by the Uploader).
• You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
• You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
• You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
• You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
• You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Content other than Your Content.
• You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:
i. any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in ClubWire s reasonable discretion;
ii. any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
iii. any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in ClubWire’s reasonable opinion;
iv. any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
v. any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
• You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
• You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
• You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
• You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any ClubWire employee.
• You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
• You must not sell or transfer, or offer to sell or transfer, any ClubWire account to any third party without the prior written approval of ClubWire.
• You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
• You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by ClubWire or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of ClubWire’s servers, system or network or attempt to breach ClubWire’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking ClubWire’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of ClubWire under these Terms & Conditions, ClubWire reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations. You agree to comply with the above conditions at any and all times during your use of the Platform, and acknowledge and agree that ClubWire has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms & Conditions. This may include taking court action and/or reporting offending users to the relevant authorities.
Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by ClubWire. ClubWire does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility. Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform), independent of wheteher it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder. We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and ClubWire shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
Third party websites and services
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, linked services (hereinafter “External Services”).
ClubWire does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, ClubWire does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
ClubWire disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against ClubWire with respect to the content or operation of any External Services.
Blocking and removal of content
Notwithstanding the fact that ClubWire has no legal obligation to monitor the content on the Platform, ClubWire reserves the right to block, remove or delete any content at any time, and to limit or restrict access to any content, for any reason and without liability, including without limitation, if we have reason to believe that such content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms & Conditions, our Community Guidelines or applicable law, or is otherwise unacceptable to ClubWire.
Please also note that individual Uploaders have control over the audio content that they store in their account from time to time, and may remove any or all audio content or other content without notice. You have no right of continued access to any particular item of content and ClubWire shall have no liability in the event that you are unable to access an item of content due to its removal from the Platform, whether by ClubWire or the relevant uploader.
ClubWire will suspend or terminate your access to the Platform if ClubWire determines, in its reasonable discretion, that you have repeatedly breached these Terms & Conditions or our Community Guidelines.
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by ClubWire at its discretion. Please note we do not offer refunds to Subscription account holders whose accounts are terminated as a result of repeated infringement or any violation of these Terms & Conditions or our Community Guidelines
Limitation of Liability
ClubWire® and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for:
• Any loss or damage arising from your inability to access or use the platform or any part or parts thereof, or to access any content or any external services via the platform;
• Any changes that ClubWire may make to the platform or any part thereof, or any temporary or permanent suspension or cessation of access to the platform or any content in or from any or all territories
• Any action taken against you by third party rights holders with respect to any alleged infringement of such third party’s rights relating to your content or your use of the platform, or any action taken as part of an investigation by ClubWire or any relevant law enforcement authority regarding your use of the platform.
• Any errors or omissions in the platform’s technical operation, or from any inaccuracy or defect in any content or any information relating to content.
• Your failure to provide ClubWire with accurate or complete information, or your failure to keep your username or password suitably confidential.
• Any misconduct by other users or third parties using the platform, especially in breach of the agreement.
• Any loss or damage to any computer hardware or software, any loss of data (including your content), or any loss or damage from any security breach; and/or
• Any loss of profits, or any loss you suffer which is not a foreseeable consequence of ClubWire breaching these terms & conditions. Losses are foreseeable where they could be contemplated by you and ClubWire at the time you agree to these terms & conditions, and therefore do not include any indirect losses, such as loss of opportunity.
• Any claim or cause of action arising out of or related to your use of the platform must be notified to ClubWire as soon as possible. applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. in such cases, you acknowledge and agree that such limitations and exclusions reflect a reasonable and fair allocation of risk between you and ClubWire and are fundamental elements of the bargain between you and ClubWire, and that ClubWire’s liability will be limited to the maximum extent permitted by law.
Nothing in these terms & conditions limits or excludes the liability of ClubWire, its subsidiaries, successors, assigns, or their respective employees, agents, directors, officers and/or shareholders: (i) for any death or personal injury caused by its or their negligence, (ii) for any form of fraud or deceit, (iii) for any damages caused willfully or by gross negligence, or (iv) for any form of liability which cannot be limited or excluded by law.
You hereby agree to indemnify, defend and hold harmless ClubWire, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
• any violation by you of these Terms & Conditions.
• any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms & Conditions and the parameters set by you with respect to the distribution and sharing of Your Content.
• any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of ClubWire.
Data protection, privacy and cookies
Premium account features and prices
A detailed description of our Premium accounts, including the prices and the features associated with each type of account is available in clubwire.com.au
Conclusion of contract and start of subscription
Once your payment has been received, your Premium Account will be activated, and we will send confirmation by email to the address associated with your account. For gift codes, confirmation will be sent by email, together with an activation link which you can send on to the person for whom you bought the Pro Account subscription. They will need to click on this link to activate their Premium Account.
Fees for Pro Accounts and gift codes are payable in advance and will be taken at the time the contract is concluded as described above. Payment can be made via the App Store and any other payment method that is presented to you during the purchase process.
Term and renewal
If you choose a monthly payment option, your Pro Account subscription will run from month to month, and will renew automatically at the end of each monthly period. Payment for the next monthly period will be taken at that time, unless you cancel your Pro Account, which you can do at any time in the App Store. If you purchase an annual Pro Subscription, your initial Pro Subscription will be for a 12-month period, and your Subscription will thereafter renew automatically for additional, successive 12-month periods. ClubWire will automatically charge your payment account the associated Subscription fee on the date of commencement of each applicable 12-month renewal period, unless you cancel your Subscription before the applicable day of renewal. You can cancel your Subscription at any time in the App Store.
AUTOMATIC RENEWAL: AS STATED ABOVE, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO THE COMMENCMENT OF AN APPLICABLE 30-DAY OR 12-MONTH RENEWAL PERIOD, AS APPPLICABLE, WE WILL AUTOMATICALLY CHARGE YOUR PAYMENT ACCOUNT AT THE BEGINNING OF EACH SUCCESSIVE 30-DAY OR 12-MONTH PERIOD, AS APPLICABLE.
Changes to pricing and features
We may occasionally need to change the features of our Premium Accounts and/or change the prices charged for these accounts. In the event of any increase in the price or material reduction in the features of any Pro Account to which you subscribe, we will communicate these change(s) to you at least six (6) weeks in advance and the changes will only take effect with respect to any subsequent renewal of your subscription.
Refunds are not at the discretion of ClubWire and can be made through the App Store.
Applicable law and jurisdiction
• this Agreement is subject to the laws of Australia, all states and territories and excluding the principles of conflict of laws (international private law); and
• you hereby agree, and ClubWire agrees, to submit to the exclusive jurisdiction of the courts in Melbourne, Australia for resolution of any dispute, action or proceeding arising in connection with this Agreement.
The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which ClubWire seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by ClubWire or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against ClubWire, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms & Conditions.