Terms and Conditions

Overarching Objectives of www.wwtq.net

www.wwtq.net has been created to promote the performance talent of amateur and semi-professional singers and musicians world-wide.

The primary purpose of www.wwtq.net is to provide a web presence for singers and musicians to encourage the development of their talent, and to promote their talent to commercial interests around the world.

Both Professional Review Panels and Popular Voting will be used in the process of selecting singers and musicians for the awarding of specific cash prizes.

No guarantee is made or implied that any particular singer or musician will receive any cash prize.

Cash prizes will predominantly be determined by popular voting, with final voting by our Professional Panel.

Members of the Professional Panel will be identified at the time of each specified concert, and may change from time to time, based on their availability.

No correspondence will be entered into regarding the awarding of any cash prizes, either by popular vote or by Professional Panel assessment.

Our offer to you is to post your music file on the web site, and have your file judged by popular vote, and then if applicable, by the Professional Panel. The fee for uploading your file is payment in full, in so much as you are paying for the upload process, and once the upload is confirmed we have fulfilled our agreement with you.

As you are entering a specific Concert, as well as giving us implied permission to include your music file in the nominated concert, you are also acknowledging that from the time of entry, you are no longer able to claim a refund, should you choose to remove your music file before the end of the voting period.

You further agree that you understand that your upload fee is used towards the amount of the cash prize in the section in which your concert is being conducted, and for this reason we cannot refund any fee or part thereof once you have voluntarily agreed to participate in a concert.

Because your upload fee is used to form the cash prize, you will not be able to "charge back" any refund on your credit card should you remove your file from the site after you have voluntarily entered into a concert.

Please make sure you understand these terms and conditions for entering a concert, as no correspondence will be entered into should you choose to remove your file before the end of the voting period.

1. User Terms and Conditions

1.1
In accordance with the following user terms ('User Terms'), www.wwtq.net, its subcontractors, agents, and/or representatives ('www.wwtq.net') grants you as an authorised user ('Authorised User' or 'you') of this www.wwtq.net Web Site ('Web Site') certain rights (as set out below) and in return you agree to perform certain obligations.

1.2
Please read these User Terms carefully. They are a legal document and, by your continued use of the Web Site, you agree to be bound by these User Terms. In particular, you agree that you have read and understood the following Clauses:
Clause 3 - your responsibilities with respect to copyright
Clause 6 - your responsibilities in using the site
Clause 7 - consent to use your music file
Clause 8 - limitation of liability

1.3
If you do not agree with these User Terms and do not wish to be bound by them, please exit this Web Site and do not use the Web Site in the future.

1.4
If you purchase any goods or services from www.wwtq.net's online store on this Web Site ("On-Line Store"), your purchase will be subject to www.wwtq.net's Purchase Terms displayed in the On-Line Store. Purchases other than from the online store or made via links from the On-Line Store to other Merchants (as defined in Clause 1.5) will be in accordance with Clause 1.5.

1.5
The goods and services ("Merchandise") which may be purchased by you from companies other than www.wwtq.net ("Merchants") via third parties and/or third party web sites linked to this Web Site including without limitation co-branded websites are subject to separate terms and conditions between you and the applicable Merchant. You acknowledge that the applicable Merchant (and not www.wwtq.net) is solely responsible for the fulfilment of orders for such Merchandise and for its quality, suitability and fitness for purpose. You also acknowledge that the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Web Site or the Merchant's web sites is solely your choice. Any disputes or questions relating to the Merchandise shall be directed to the Merchant in question and you acknowledge that www.wwtq.net shall have no responsibility, obligations or liability in relation to the Merchandise.

1.6
If you register for any concert, cash prize, tuition bursary, or scholarship on the Web Site separate rules, accessed via the Web Site, shall also apply in addition to the remainder of these User Terms.

2. License to Use Material on Web Site

2.1
www.wwtq.net grants to you a personal, non-exclusive, non-transferable, royalty-free license to use all the material on the Web Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('www.wwtq.net Material') on the basis set out in Clause 2.2.

2.2
You are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the www.wwtq.net Material for your own personal, non-commercial use provided that you do not:

2.2.1 remove any notices relating to the ownership of copyright or other Intellectual Property Rights (as defined in Clause 3.1 below) in the www.wwtq.net Material;

2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the www.wwtq.net Material;

2.2.3 rent, lease, sub-license, loan, copy or give or transfer any rights in the www.wwtq.net Material in any form, to any person or entity without the prior written consent of www.wwtq.net.

3. Ownership of Intellectual Property Rights

3.1
Notwithstanding the limited rights granted to you in accordance with Clause 2, www.wwtq.net, or www.wwtq.net's suppliers, subcontractors and agents (collectively 'www.wwtq.net Contractors') (as applicable) shall retain all ownership, title and interest in the intellectual property rights contained in the www.wwtq.net Material (including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registrable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registrable or not in any jurisdiction in the world ('Intellectual Property Rights').

3.2
You agree that any material (including any Intellectual Property Rights in such material), including but not limited to material sent via the WWW, chat services, bulletin boards, music files or articles submitted for publication on the Web Site or in using any of the Web Site Services ("User Generated Content") may be retained as the property of www.wwtq.net. "Web Site Services" is defined in Clause 5.2 below. www.wwtq.net shall have no obligations with regard to the User Generated Content to monitor the User Generated Content to ensure that it complies with applicable laws or regulations. You remain solely responsible for the User Generated Content in accordance with Clause 6. You must also comply with our specific Copyright Statement outlined in the following point 3.3.

3.3
Copyright Information
By posting your music file on www.wwtq.net you are acknowledging the following with respect to copyright for the material you have used.

3.3.1 You have met all copyright requirements in obtaining the music and lyrics required by the copyright owner, or you are the original owner of any copyrighted material used in your music file.

3.3.2 You are uploading the music file on the understanding that you are giving www.wwtq.net express permission to stream your music file to users for the period that you contract to have your music file voted on.

3.3.3 You further grant the Internet radio station YouAreAStar permission to play your music file as a function of the upload process.

3.3.4 To protect writers, composers, musicians, producers and all others involved in the production of original music and lyrics, www.wwtq.net has negotiated an International Copyright Agreement with APRA and a Mechanical License with AMCOS. You agree to act in good faith and be bound by the requirements of these agreements and licenses.

3.3.5 Any music file uploaded to the site that is found to breach copyright in any manner will immediately be removed from the site, and withdrawn from any concert should it be entered in one. Any upload fees paid for such a file will be forfeited unconditionally.

3.3.6 This site is for the promotion of amateur and semi professional singers and musicians, and as such totally supports the interests of all Artists with respect to their copyright and intellectual property as far as their work permits.

3.3.7 If you are in doubt at any time as to the copyright status of any material you may be using, you are obligated to contact the copyright body in your area for qualifying information. Failure to do so constitutes a breach of any agreement you may have made with the Site.
3.3.8. If you have any query as to the position of your material with respect to copyright, please click on the following link:
http://www.apra.com.au/

4. Duration of User Terms and Termination

4.1
These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:

4.1.1 you breach any of the terms of the license granted to you in accordance with clause 2;

4.1.2 www.wwtq.net terminates these User Terms by notice to you at any time in accordance with clause 9.2; or

4.1.3 you terminate these User Terms by notice to www.wwtq.net at any time in accordance with clause 9.1.

4.1.4 The Time of your Concert expires

4.2
In the event that these User Terms are terminated for any of the reasons stated above you agree to comply with the following obligations:

4.2.1 the license granted to you in accordance with clause 2 shall be terminated forthwith and you shall have no further rights to use the www.wwtq.net Material;

4.2.2 you must delete or destroy any of the www.wwtq.net Material stored by you in electronic or hard copy form as soon as reasonably practicable; and

4.2.3 you will have no further rights to access or use the Web Site or the Web Site Services.

4.2.4 Your rights as to a refund under such circumstances are outlined in detail in our Refund Policy.

5. www.wwtq.net's Responsibilities

5.1
www.wwtq.net undertakes to use commercially reasonable endeavours to prevent breaches of security of the Web Site.

5.2
www.wwtq.net makes no representation or warranty that the Web Site or services offered via the Web Site will be accessible, or useable by you or error free.

5.3
www.wwtq.net reserves the right, without notice to you, to remove any www.wwtq.net Material from the Web Site or to suspend or alter the operation of the Web Site or any Web Site Services, at its sole discretion or for legal or technical reasons. www.wwtq.net will give you as much notice as possible prior to taking any of the actions described in this clause 5.3, but prior notice may not always be feasible for a variety of reasons.

5.4
www.wwtq.net warrants and agrees to upload your music file onto the site, and into a specific Concert so long as the following conditions are met :

5.4.1 You correctly nominate the Concert your music file is to be posted to

5.4.2 You pay the nominated upload fee for the Concert

5.4.3 Your payment is received and cleared by the site

5.4.4 You have complied with all copyright requirements with respect to the originating source of the music of lyrics for your music file

5.4.5 You complete the registration requirements on the “Post a Music file” page

5.4.6 www.wwtq.net agrees to fund any cash prize, tuition bursary, or scholarship you may be awarded, within 7 working days from the announcement of the winner, providing you submit sufficient data as to enable us to determine with out doubt at law that you are the owner of the music file, and that you have received the cash prize, tuition bursary or scholarship by proof of receipt.

5.4.7 www.wwtq.net may, at any time, at its sole discretion, forward your music file to any music promoter, recording company, agent, or producers representative, and will contact you should such an event occur.

5.4.8 Should your music file be professionally produced, for commercial release, based on any such transaction, you will acknowledge www.wwtq.net as the sponsor of your music file in all and any materials for marketing, advertising, or promotion.

6. Your Responsibilities

6.1
You agree that you are responsible for the security and use of any user names or passwords needed to access or use the Web Site or any Web Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorized person to access the Web Site or any of the Web Site Services using your user name or password.

6.2
You agree that you will not use the Web Site or any of the Web Site Services as follows:

6.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;

6.2.2 You agree to indemnify www.wwtq.net against any claims, costs, expenses or legal proceedings caused as a result of your use of the Web Site or Web Site Services in contravention of clauses 6.1 and 6.2, further in these circumstances, www.wwtq.net shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by www.wwtq.net forthwith, without notice to you.

6.3
You agree that participation in music concerts is by free choice, and that once your music file has been successfully upload to the site, we have fulfilled out contract with you..

6.4
You agree to accept the conditions of the Refund Policy as it applies to voluntarily entering into a concert.

6.5
You further agree that the awarding of cash prize, tuition bursaries and scholarships is solely at the discretion of popular voting and the Professional Review Panel, and that no correspondence will be entered into regarding any decision this panel may make.

6.6
You agree that the awarding of cash prizes may be as the result of popular voting for music files, and that the cash prize receiver may be selected on the basis of the largest number of popular votes received in the specified voting time. No correspondence will be entered into with regards this process.

7. Concerts

7.0
Concert payments comprise two fees - and upload fee and a concert fee.  The upload fee in every case, irrespective of the concert fee, or the currency described at the upload page, is calculated at $5AUD.  The Copyright fee paid to APRA/AMCOS is calculated on the upload fee, as this fee entitles you to time on our Internet radio station YouAreAStar.  The concert fee applies specifically to the funding of a concert cash prize, and is paid only if you choose to enter a concert.

7.1
If you register for any concerts offered via this Web Site, the rules set out in this clause 7, together with any other specific entry instructions or rules posted on this Web Site by www.wwtq.net, and these User Terms (together the "Concert Rules"), shall apply.

7.2
All cash prizes, tuition bursaries, and scholarships offered by www.wwtq.net from this Web Site are only open to individuals who are registered on the Web Site, have met all copyright conditions (as per points 3.1, 3.2, and 3.3) who are aged 18 years or over, or have the expressed permission of an adult responsible for their care to post a music file should they not be 18 years of age.

7.3
Notwithstanding clause 7.2, all entrants must register for the relevant section by giving their name, nick-name, or alias together with a valid e-mail address. By registering for the relevant section, you acknowledge that you have read and agree to the provisions contained in the Site Rules, specifically those relating to copyright (points 3.1, 3.2, and 3.3), Refund Policy, and the Terms and Conditions as listed here.

7.4
In the event that you are awarded a cash prize, tuition bursary or scholarship, you will be required to provide sufficient details as to enable us to verify that you are the owner of the music file, and that we can confirm payment to you at the time of the cash prize, tuition bursary or scholarship. It is your responsibility to provide such information, and we take no responsibility in the event that any details you provide cannot be confirmed by reasonable means, in a reasonable time.  For the purposes of this activity, "reasonable time" is no longer than 10 working days from the time of notification.

7.5
For the purposes of the Data Protection Act 1998, you acknowledge that in the course of uploading a music file on this Web Site, certain personal information or data about you will be captured electronically or otherwise and transmitted to www.wwtq.net. By uploading a music file you expressly agree to transfer such personal information or data to www.wwtq.net to use, store and process the personal information for the purposes of playing the music file on this Web Site (and on “YouAreAStar” if relevant). Please check our privacy policy and refer to the registration page for your right to opt out of receiving information from www.wwtq.net.

7.6
By registering for uploading a music file, you agree to the use of your name and photographs for publicity material in any www.wwtq.net publications in any media, including allowing your name to be published on the Web Site if you are awarded a cash prize, tuition bursary or scholarship.

7.7
All music files become the absolute property of www.wwtq.net for the duration of the time you choose to have your music file uploaded.

8. Consent to Use Your Personal Information

8.1
For the purposes of the Data Protection Act 1998, you acknowledge that in the course of registering and using this Web Site and the Web Site Services, certain personal information or data about you will be captured electronically or otherwise and transmitted to www.wwtq.net and/or www.wwtq.net contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to www.wwtq.net or www.wwtq.net contractors to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected www.wwtq.net Web Sites.

9. Limitation of Liability

9.1
The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

9.2
The Web Site may contain links to third party web sites which are controlled and operated by parties other than www.wwtq.net. The links will let you leave the Web Site and www.wwtq.net is not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link on the Web Site does not imply endorsement by www.wwtq.net of the linked site. If you decide to access linked third party web sites, you do so at your own risk.

12. General

12.1
For the purposes of clauses 1.4, 1.5, 3, 6.3, 8, and 9 of these User Terms, www.wwtq.net shall mean any www.wwtq.net group company which means, an www.wwtq.net subsidiary or holding company, or a subsidiary of that holding company all as defined by Section 736 of the Companies Act 1985, as amended by the Companies Act 1989

12.2
These User Terms form the entire agreement between you and www.wwtq.net and its subsidiaries supersede any other oral or written communications, agreements or representations with respect to your use of this Web Site and Web Site Services.

12.3
www.wwtq.net reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Web Site. www.wwtq.net will provide notice of the changes to the User Terms for 30 days after posting the amended User Terms on the Web Site. Your continued use of the Web Site or the Web Site Services following www.wwtq.net's posting of such changes will be regarded by www.wwtq.net as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Web Site and not access or use the Web Site in the future.

12.4
Nothing in these User Terms affects your statutory rights as a consumer.

12.5
If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.

12.6
You acknowledge that www.wwtq.net has entered into these User Terms for its own benefit and for the benefit of each www.wwtq.net group company (as defined in clause 12.1 above) and these User Terms are intended to be enforceable by each www.wwtq.net group company by virtue of the Contracts (Rights of Third Parties) Act 1999.

12.7
Subject to clause 12.6, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

12.8
If www.wwtq.net or any www.wwtq.net contractor is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of www.wwtq.net or the www.wwtq.net contractors, neither www.wwtq.net nor any www.wwtq.net contractor will have any liability for that failure to perform.

12.9
Your use of the Internet is solely at your risk and subject to all applicable laws, and www.wwtq.net has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.

12.10
Unless otherwise specified on this Web Site, the www.wwtq.net Materials available on this Web Site are directed solely at those who access the Web Site from Australia. www.wwtq.net makes no representation that any www.wwtq.net Material is appropriate for use elsewhere, or available in any other locations. Those who choose to access this Web Site and the Web Site Services from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.

12.11
All transactions on the site are in $AUS.  This means that when a foriegn currency is specified for the upload fee, the amount charged may vary from time to time due to variations in the currency conversions by Credit Card companies and your Bank.  The amount specified as the cash prize is always guaranteed to the full amount.  You can check the current rate of exchange at http://www.xe.com/ucc/ . Please note, that you should look at the rate as variable, as all rate exchanges are made at the time your Credit Card company and your Bank validate the transaction.

12.12
By entering into a concert, you are acknowledging that you accept these Terms and Conditions, and that you understand your responsibilities.