TERMS OF SERVICE

Hi! You are now reading My Creative Way’s (MCW) Terms of Service, meaning the contract between you and My Creative Way when you use My Creative Way’s site, services, and products. You should read this carefully before you use My Creative Way. We’ve tried to be fair and concise. If you have any questions or suggestions, feel free to reach out to us via email. We’ve also included several annotations; these annotations aren’t a part of the contract itself, but are intended to help you follow the text and emphasise key sections.

A few key points we want to cover before getting started:

 

 

Using our Service, User Conduct, and Your Content

 

Anything you post on My Creative Way is public. So make sure you’re comfortable and content with the idea that anyone can view anything you post on the site.

Please do not post any content or use our service to do anything illegal or malicious.

If it turns out any of your content or use is illegal or malicious, we are not responsible — you’re responsible.

Please do not attempt to hack or copy our Products and Services.

While we wouldn’t do it without good reason, ultimately we may remove your content or terminate or suspend access to our site at our sole discretion.

 

 

Privacy to you

 

We are committed to privacy, and will make reasonable efforts to protect your personal information. You should review our privacy policy for more details as to how we may use and disclose your information, and how to correct any information.

 

 

Copyright Policy

 

My Creative Way respects the intellectual property rights of others and expects users and contributors to do the same. We will respond to notices of alleged copyright infringement where necessary as set forth in our copyright policy.

 

 

Your Content

 

You own the content that you provide to My Creative Way. However, My Creative Way may modify, distribute or use that content in a variety of ways. For example, your content may be formatted or combined with other content to create a feature or customized interview, or selected to be featured on the My Creative Way site, or on another partner site.

 

 

Warranty, Disclaimer, Limitations of Liability, Other Legalities

 

Whenever we may update these Terms, we will update them here, and will do everything in our power to communicate any material changes to our users.

Listed below are the Terms of Service, please read carefully:

 

On behalf of the team we would like to welcome you to My Creative Way.  These are the terms under which we provide you the MCW Service (it’s a legal contract between you and us – so please read it carefully).   If you have any questions, please feel free to contact us at: support@mycreativeway.tv

 

The My Creative Way website (www.mycreativeway.tv) and our services, domains, products, content and applications (collectively the “Service”) are operated by Imageinit Art Pty Ltd, a Sydney based Public Liability company (“My Creative Way”, “MCW”, “we” or “our”).

 

THESE TERMS OF SERVICE (THE “AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MY CREATIVE WAY. BY READING THIS YOU AGREE TO OUR SERVICES AND/OR SUBMITTING CONTENT TO US, (INCLUDING OUR PRIVACY POLICY), THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS.  If you do not agree with this Agreement, please do not continue using the Service.

 

No individual under the age of 15 may use the Service or supply us with their personal information. You otherwise may only use the Service if you can form a binding contract with My Creative Way and are not legally prohibited from using the Service. You agree to this Agreement on behalf of yourself and, at your discretion, on behalf of a minor child over the age of 15 for whom you are a parent or guardian and who you have authorised to use the Service. Parents and guardians of users under the age of 18 will be responsible for their minor user’s use of the Service and any violation of this Agreement.

 

 

ACCESSING THE SERVICE

 

To use our Service you will need a compatible device, including compatible operating system, as well as internet or mobile service connectivity, and a valid version of the then-current My Creative Way Service software. You are solely responsible for paying any service fees associated with any such access (including data charges that may apply when sending and receiving on your device). We may modify this Agreement and the Service as set forth below in the Section entitled “Modification/Termination.”

You agree to comply with all applicable laws and to respect third party rights in your use of our Service.

 

 

PRIVACY

 

You acknowledge and agree that the information that you submit to My Creative Way, communications to My Creative Way, comments, likes, and other content is submitted for the purpose of disclosure in a variety of ways by My Creative Way and its affiliates, partners and service providers. We take your privacy seriously. Please review the My Creative Way Privacy Policy to learn about our practices regarding the collection, use, disclosure and protection of your personal information. By using any part of the My Creative Way Service, you agree to the terms of the My Creative Way Privacy Policy, which is hereby incorporated as part of this Agreement by reference.

 

 

LICENSE TO SERVICE

 

Subject to all of the terms and conditions of this Agreement, My Creative Way hereby grants you a limited, personal, private, non-commercial, non-exclusive, non-transferable, non-assignable, revocable right to use the Service. All rights not expressly granted to you are reserved.

 

 

USER MATERIALS

Definition

 

We do not control and are not responsible for any information or other materials delivered through our Service by you or other users, including without limitation all video, audio, photographs, images, illustrations, animations, logos, names, tools, written posts, replies, comments, information, data, text, software, scripts, executable files and graphics  (collectively, “User Materials”). If you submit content to us by any means (via on-line submission, e-mail, etc.) for use on our Service, these terms apply unless we otherwise agree in writing.

 

 

Ownership

 

You retain ownership of all intellectual property rights in your User Materials, and third parties retain all ownership of all intellectual property rights in their User Materials.

 

 

Your License to My Creative Way

 

When you transfer User Materials to My Creative Way through the Service (or otherwise transfer them to us for use on the Service), you give My Creative Way and its designees a non-exclusive, worldwide, irrevocable, royalty-free, sub licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Service is available), and create derivative works of such User Materials. The rights you grant in this license are for the limited purpose of operating the Service in accordance with its functionality, improving the Service, and allowing My Creative Way to develop new Services.

 

You also agree that this license includes the right for My Creative Way to make all User Materials available to third parties selected by My Creative Way, so that those third parties can distribute and/or analyse such User Materials on other media and services. For example, we may license a feed of already-publicly-available User Materials to a partner.

Note also that this license to your User Materials continues even if you stop using the Service, or terminate this Agreement, primarily because of the social nature of User Materials shared through the Service – when you post something publicly, others may choose to repost or comment on it, making your User Materials part of a social conversation that cannot later be erased without retroactively censoring the speech of others.

 

Always remember: When you make something publicly available on the Internet, it becomes practically impossible to take down all copies of it.

 

You also agree that you will respect the intellectual property rights of others, and represent that you have all of the necessary rights to grant us this license for all User Materials you submit to the Service.

 

 

Upon Deletion of Content

 

If you remove any User Materials from My Creative Way, we may retain your User Materials for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, My Creative Way may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Materials that we or other users have stored or shared through My Creative Way.

 

 

Suggestions

 

Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that My Creative Way, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.

 

 

USER CODE OF CONDUCT AND CONSEQUENCES

 

In accessing and using our Service, you must follow the below content guidelines.  Please take the time to read through these documents.  In addition, you agree that you will not:

i.    use the Service for any commercial or illegal purpose or to harm minors in any way;
ii.    use the Service to violate any law or legal right of any third party, including any publicity or privacy right, copyright, other intellectual property right, or any contractual, fiduciary or confidentiality obligation or duty, or to take any action that is fraudulent, harassing, defamatory, abusive, tortious, threatening, or harmful;
iii.    post any content that is illegal, abusive, offensive, pornographic, obscene, defamatory, slanderous, or otherwise harmful;
iv.    use the Service to invade the privacy of, or obtain personal information about, any user, or to obtain a list of users, or to access or use any user’s User Materials in a manner not authorised by such user through the Service;
v.    engage in any activity designed to circumvent the Service limitations, or conspiring with others to circumvent the Service limitations, including any attempt to circumvent technological measures employed to control access to, or the rights in, any part of the Service.
vi.    remove any proprietary notices or labels on the Service;
vii.     except as expressly permitted by My Creative Way in writing, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, damage, transfer, sell, rent, lease or otherwise assign any part of the Service or information contained on any My Creative Way or third party servers;
viii.    modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from our Service without our prior written consent;
ix.     use the Service to spam, post or transmit any unsolicited advertising, campaigning or promotional materials or to send any User Materials from an anonymous or false address, or to post or transmit any personal information, including without limitation phone numbers, social security numbers, account numbers, addresses, credit information or employer references;
x.     disrupt the Service, or access or use any password protected, secure or non-public areas of the Service except as specifically authorised in writing by My Creative Way (unauthorised individuals attempting to access these areas of the Service may be subject to prosecution), or modify, reverse engineer or decompile the Service;
xi.     distribute any software viruses or other computer code designed to interfere with the functionality of the Service or any computer systems, software or hardware;
xii.     use any data mining, robots, or similar data gathering, spoofing, phishing or extraction tools in connection with the Service or access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by My Creative Way (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with My Creative Way, or unless permitted by My Creative Way’s robots.txt file or other robot exclusion mechanisms;
xiii.     impersonate any person or to mislead other users or third parties as to your identity or to the origin of a message or content (e.g. by forging TCP-IP or e-mail headers);
xiv.    frame or link to the Service or User Materials except as expressly permitted in writing by My Creative Way; or
xv.    use the Service to analyse its features or functionality for purposes of creating a commercial service, or in any way to create a competitive service, or to contact any  users, partners or advertisers except as required to use the Service as contemplated in this Agreement.

If we conclude you are violating these policies or the Agreement, you may receive a notice via email. If you don’t explain or correct your behaviour, your IP address may be blocked. We reserve the right to remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, or community. We reserve the right to enforce, or not enforce, these policies in our sole discretion, and these policies don’t create a duty or contractual obligation for us to act in any particular manner.

 

While we want to provide a quality experience, you may from time to time run into objectionable content when using the My Creative Way Service.  If you are aware of any User Materials which violate this Agreement, please email us at support@mycreativeway.tv or contact us anonymously by clicking on “Contact Us” on the website. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and we will only remove User Materials if we believe that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”

 

We care about the security of our users. While we work to protect the security of your content and account, My Creative Way cannot guarantee that unauthorised third parties will not be able to defeat our security measures.

 

The information and opinions expressed in User Materials are not necessarily those of My Creative Way or its content providers, advertisers, sponsors, affiliated or related entities, and we make no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk.

 

 

DISCLAIMER OF WARRANTIES

 

Your use of the Service and any User Materials is at your own risk.  ALL USER MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT, AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH OUR SERVICE, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. MY CREATIVE WAY, AND ITS AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICE (THE “MY CREATIVE WAY”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR USER MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, CONTENT AND SERVICES, PROVIDED IN CONNECTION WITH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MY CREATIVE WAY PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

 

We do not warrant or make any representations that the Service will meet expectations or deliver certain results, be error-free or uninterrupted, that defects will be corrected, or that our Service will be free of viruses or other harmful components. The My Creative Way Parties are not responsible for any failure to access or use our Service or any failures caused by server errors, misdirected or redirected transmissions, failed internet or telephone connections, lost, interrupted or unavailable connections of any kind, miscommunications or failed transmissions of data, or any computer virus or other technical defect or error relating to our Service.  No advice or information, whether oral or written, obtained from My Creative Way or through the Service, will create any warranty not expressly made herein.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of certain warranties, so some of the above disclaimers, exclusions and limitations may not apply to you. In those jurisdictions, the My Creative Way Parties’ liability will be limited to the fullest extent permitted by law.

 

 

LIMITATIONS ON LIABILITY

 

In no event will the My Creative Way Parties be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorised use of, performance or nonperformance of our Service; (iii) unauthorised access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any Service; (v) errors or inaccuracies contained in our Service or any materials or content obtained through our Service; (vi) any transactions entered into through our Service, (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components during or on account of access to or use of our Service, including any site to which the Service provides hyperlinks; or (viii) damages otherwise arising out of your use of our Service. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if any My Creative Way Party has been advised of the possibility of damages.  IN NO EVENT SHALL THE MY CREATIVE WAY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE TO WHICH THE LIABILITY IS RELATED. TO THE EXTENT THE LAWS OF YOUR JURISDICTION DO NOT PERMIT SUCH A LIMITATION OF LIABILITY WITH RESPECT TO THE SERVICE, YOU AGREE THAT MY CREATIVE WAY DISCLAIMS ALL LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

 

INDEMNIFICATION

 

You agree to indemnify and hold harmless the My Creative Way Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or otherwise arising in any way out of your use of our Service. You agree to cooperate fully with the My Creative Way Parties in asserting any available defence in connection with a claim subject to indemnification by you under this Agreement.

 

 

MODIFICATION/TERMINATION

 

We reserve the right, in our sole discretion, to modify, suspend, or terminate our Service, at any time for any reason with or without notice.  My Creative Way shall not be liable to you or any third party for any modification, suspension or termination of our Service or your access to our Service.

Any modifications to this Agreement or the Service will be effective as to you upon My Creative Way’s posting of the new terms and/or upon implementation of the new changes on the Service, and your continued use of the Service after any modifications indicates your acceptance of the modified Agreement or the modified Service.

Unless expressly stated otherwise by My Creative Way, any new features, new services, enhancements or modifications to the Service implemented after your initial access to the Service shall be subject to this Agreement. Some of our Service may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade that Service, and this Agreement will apply to such upgrades.

 

 

EXTERNAL SITES

 

Our Service may contain links to external third-party sites or services that we do not own or operate. This may include links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control or monitor, and are not responsible for, these third-party sites or services, including any privacy policies or practices governing such sites and services. We make no representations regarding, and are not liable for, the accuracy, completeness, timeliness or availability of any of the content, products or services displayed, distributed, or otherwise made available at these sites and services. If you access any third-party site or service, you do so at your own risk, and your use of that site or service is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site or service does not mean that we endorse, sponsor, or recommend the third party or the content, products, or services contained on, or available through, such third-party site or service.

 

 

ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

 

We may display or link to advertisements for the goods and services of a third party on or through our service, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or warrant, and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of, any such goods or services advertised, promoted or displayed through our site, app or service.

 

 

INTERNATIONAL USE/EXPORT CONTROLS

 

Accessing materials through our Service by certain persons in certain countries may not be lawful, and we make no representation that materials provided through our Service are appropriate or available for use in locations outside Australia. If you choose to access our Service from outside the Australia, you do so at your own risk, and you consent to the transfer, storage, and processing of your information, including but not limited to User Materials and any personal information, to and in Australia and/or other countries.

 

You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from our Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.

 

 

GENERAL

 

Entire Agreement. This Agreement constitutes the entire agreement between you and My Creative Way and governs your use of the Service, superseding any prior agreements between you and My Creative Way with respect to the Service. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind My Creative Way in any respect whatsoever. With respect to your use of other authorised My Creative Way services, affiliate services, affiliate devices or equipment, third-party content, third-party software, you also may be subject to additional terms and conditions.

 

Remedies.  To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate My Creative Way‘s or any of it licensors’ intellectual property rights, or may cause continuing or irreparable harm to My Creative Way or its licensors (including, but not limited to, any breach that may impact My Creative Way or it’s licensors’ intellectual property rights, or a breach by reverse engineering), My Creative Way may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.  Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that My Creative Way may have under separate legal authority, including but not limited to, any claim for intellectual property infringement. To the extent permitted by law, you understand and agree that your termination of your use of the Service is your sole right and remedy with respect to any dispute with My Creative Way. You can terminate your use of the Service by delivering notice to support@mycreativeway.tv

 

Assignment.  This Agreement is personal to you. You may not assign or otherwise transfer your rights or delegate your obligations under this Agreement, in whole or in part, without My Creative Way’s prior written consent. Any attempted assignment by you shall be null and void. My Creative Way may assign its rights and obligations under this Agreement at its sole discretion.

 

Waiver and Severability of Terms. The failure of My Creative Way to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

 

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or this Agreement, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

If you have any questions concerning this Agreement or our Service, please contact Customer Service by emailing support@mycreativeway.tv

 

 

COPYRIGHT & TRADEMARK NOTICE

 

Use of Intellectual Property

Our Service, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, My Creative Way and My Creative Way logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of Australia, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by My Creative Way or by other parties that have provided rights thereto to My Creative Way.

 

You agree that you will not reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through our Service, in whole or in part, without our express written permission.

 

Trademarks. Except as expressly set forth in this Agreement, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of My Creative Way and/or its affiliates and licensors. You may not copy, display or use any of these marks without prior written permission of the mark owner.

 

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of our website, or frame our website, or any web page or material contained within our Service, nor may any entity include a hyperlink to any aspect of our Service in an email for commercial purposes, without our express written permission.

 

 

Copyright Infringement

 

We respect the intellectual property rights of third parties, and comply with the terms of the Australian Copyright Act regarding such rights. A copy of the Australian Copyright Act is available here: http://portal.unesco.org/culture/fr/files/39491/12487985103au_copyright_1968_en.pdf/au_copyright_1968_en.pdf. By submitting any User Materials to our Service you are granting permission to have such User Materials posted on our website, our app and/or via any other of the media channels, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. We reserve the right to remove access to infringing material. Such actions do not affect any other rights we may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.

 

Procedure for Making Claim of Copyright Infringement

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please send us written notification thereof, to our Copyright Agent, who can be reached for purposes of providing Notifications by emailing support@mycreativeway.tv, or by regular mail:

My Creative Way
Att: Copyright Agent
1A/61 Liverpool St, Rose Bay

Sydney, NSW, 2029

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