Terms of use & privacy policy

  1. Objectives

Smashcut was created by a team who want people to be able to share and create, using materials shared by other filmmakers and creators. We want to create a community around the uploading, sharing and editing of content and to encourage collaboration. We hope you find Smashcut as fun, productive and friendly to hangout in as we intended.

  1. Acknowledgment and Acceptance of Terms and Conditions of Use
    1. This Smashcut (”Website”) is owned and operated by Mygomovie Pty Ltd (ACN:12 141 198 209) (“MYGO”, “we” or “us”).
 
    1. These Terms and Conditions represent the full scope of the understanding and relationship between MYGO and you (“User”). Please read these Terms and Conditions carefully before using the Website, and re-read them from time to time.
 
    1. By browsing or participating on this Website, you agree to be bound by these Terms and Conditions. These Terms and Conditions may be changed by MYGO at any time by posting the changes to these Terms and Conditions, as revised, on this Website.  Your use of this Website following the posting of such shall constitute your acceptance of any such changes.
 
  1. Uploading Material
    1. In order to upload any material (“User Material”, a term which shall include any footage, photos, illustrations, messages, comments, recordings, and any other information, concepts, audio and visual material submitted to the Website) on the Website, you must become a registered user (“Registered User”).  To become a Registered User you must complete your registration details in the manner described on the Website. Membership is non-transferable.
 
    1. Once you become a Registered User, it is your responsibility to protect the confidentiality of your password.
 
    1. If you are not a Registered User, you entitled to access the Website for limited reading purposes only. People in this category are known as “Guests”.
 
  1. Community Guidelines

Please find the community guidelines for participation in the Website at clause 14 of these terms and conditions (“Community Guidelines”).  All Registered Users and Guests must comply with the Community Guidelines. The Community Guidelines form part of the Terms and Conditions. 

  1. MYGO Disclaimers
    1. All information and videos provided by us on the Website is provided in good faith. You accept that your use of the Website is at your own risk and that MYGO makes no warranties or representations about the completeness, accuracy, suitability or currency of the Website or its content. Inclusion of any material on the Website does not mean that the behaviour or images depicted in that material is any way condoned or supported by MYGO. Emulating or relying on it in any way is done entirely at your own risk.
 
    1. MYGO does not represent that any information (including any file) obtained from or through the Website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.
 
    1. The Website is provided on an “as is” and “as available” basis and to the maximum extent permitted by law, neither of MYGO, nor any of its directors, officers, employees, agents or assigns makes any express or implied representation or warranty, or will be liable to you or any other person for any loss or damage however caused whether by negligence or otherwise and whether direct, indirect, consequential or economic, in connection with, the Website, its use, or its content including as a result of:
 
      1. any failure or delay of performance, or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records; and
 
      1. Any defamatory, threatening, offensive or unlawful conduct of third parties.
 
  1. Intellectual Property
    1. You are entitled to all rights, title and interest in any User Material uploaded by you for inclusion on the Website, subject to the rights of any third parties.
 
    1. With the exception of the User Material and unless otherwise indicated, all data, graphics, photos, text, images, logos, audio and visual material, software and all other information, concepts and material on the Website (“Website Material”) is owned and controlled or licensed to MYGO.
 
    1. You grant to MYGO an irrevocable, non-exclusive and royalty-free licence throughout the world in perpetuity to use the User Material on the Website. This licence includes the right to:
 
      1. copy, edit, adapt, change, add to, re-arrange, translate and modify the User Material as MYGO in its sole and absolute discretion shall think fit as consistent with the Community Guidelines and Objectives; and
 
      1. use and incorporate the User Material on the Website and as consistent with the Community Guidelines and Objectives, in any way and in all forms of media whether now known or later devised.
 
    1. Except as provided by clause 6.5 and as permitted under the Copyright Act 1968 (Cth) or other applicable laws, neither the Website nor any part of the Website, including any Website Material, may be reproduced, duplicated, copied, mirrored, sold, or otherwise used or exploited without the express written permission of MYGO.
 
    1. You may download a single copy of the information on the Website, keep a temporary copy in your computer's cache and/or make a single hard copy of that information where necessary for solely for personal, non-commercial use as a reference.
 
  1. Your  Warranties
    1. You warrant that you either own or have obtained all necessary licences, authorisations, consents and permissions from all necessary third parties in relation to the supply of all User Material.
 
    1. You warrant and represent that your access to and use of the Website, and all User Material supplied by you:
 
      1. will be consistent with, and does not contain any material that is inappropriate or inconsistent with, the Objectives and/or the Community Guidelines;
 
      1. does not infringe any law of defamation or obscenity or any obligation of confidentiality or any other personal or proprietary rights or any other right of any third party, and does not impersonate any person or entity;
 
      1. is not in contempt of any court, tribunal or royal commission;
 
      1. does not infringe any intellectual property rights, including in relation to copyright and trademarks;
 
      1. will not disseminate or facilitate, and does not contain, viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
 
      1. will not modify, adapt, translate, reverse engineer, decompile, data-mine or disassemble any portion of the Website; and
 
      1. complies with all relevant laws and regulations and does not breach the Copyright Act 1968 (Cth), or any other applicable guidelines, codes, or accepted industry standards and practice.
 
    1. You warrant and represent that all User Material supplied by you does not contain any material which is false, misleading or deceptive or likely to be construed as misleading or deceptive; is not the subject of any ongoing legal investigation or legal proceedings; and does not contain unsolicited advertising or promotional materials.
 
    1. You warrant that you will not collect or store personal data about other Users of the Website for the purposes of ‘stalking’ or any other kind of unwanted attention or harassment.
 

Termination

    1. MYGO shall have the right to refuse your application to become a Registered User.
 
    1. MYGO shall have the right to terminate your membership of the Website and your use of and participation on the Website if MYGO, in its sole discretion, determines that you have:
 
      1. breached any part of these Terms and Conditions ; or
 
      1. engaged in any conduct which MYGO in its sole discretion, determines to be unacceptable including any conduct which is inconsistent with the Objectives and Community Guidelines.
 
  1. Indemnity
    1. You indemnify MYGO, its officers, agents, employees, contractors, assigns and affiliates from and against any and all loss, damage, liability and expense (including loss of revenue or profit, special, indirect or consequential loss), damages, claims and demands (including any legal costs or expenses properly incurred) suffered or incurred by reason of any claims, actions or proceedings based on or arising out of your use and access to the Website and/or the User Material, whether based in contract, tort or any other basis of law, including but not limited to claims related to defamation, contempt of court, rights of privacy and/or publicity, copyright or trade mark infringement, misleading or deceptive conduct, failure to comply with or fulfill any representation, warranties or agreements and any wrongful, willful or negligent act or omission by you or any other person for whose acts or omissions you are vicariously liable..
 
  1. Privacy

    MYGO may need to collect and hold your personal information in order to provide the Website and its services.  Any personal information will be held subject to MYGO’s privacy policy (“Privacy Policy”), which is found at the conclusion of these Terms and Conditions. 

  1. Governing Law and Jurisdiction

    These Terms and Conditions and Agreement are be governed and construed in accordance with the laws of the State of NSW and Commonwealth of Australia and the parties submit to the non-exclusive jurisdiction of the Queensland and Commonwealth courts of law. 

  1. Smashcut Guidelines

    Smashcut gives you the opportunity to showcase your creativity and individuality through creating personalised edits, or uploading your own User Material. For this reason, we don’t allow users to upload materials that are commericial in nature, or that you didn’t make yourself. If you do upload such content we will have to take it off the site. We also have restrictions on the kind of materials that you can upload. Please see clause 7 for more information on the kinds of things you cannot upload. When you do upload User Material we expect that you have read these terms and conditions and understand them. 

    BE NICE! 

    Smashcut by its very nature respects the work of creative individuals, and encourages users to congratulate one another on their good work. We want to keep Smashcut a place free of insult or harassment and so we insist that while using Smashcut you conduct yourselves in a respectful manner. Users are welcome to disagree with each other, in fact debate can be healthy, however there is a line and if you cross it and attack other users, you will be removed. 

  1. Smash Cut  - Privacy Policy

    MYGO is fully committed to safeguarding your privacy online. Please read the following policy to understand how your personal information will be treated as you make full use of our Website. This Policy may change from time to time without warning, so please take the time to check back periodically. 

    This policy will let you know: 

      What personally identifiable information is collected from you;
      How your information is used;
      With whom your information may be shared;
      How you can access, update, or delete your information. 

What information will MYGO collect from me?

    MYGO collects information in several ways. There are two types of information that MYGO will collect, personal information, and other more impersonal, statistical information that relates to the way you use the Website.  

    Personal information is gathered when you register as a Registered User. During registration MYGO may ask for information including but not limited to your name, your email address, your date of birth, your gender, your postal code, and your occupation. 

    MYGO use cookies to cache information, and to gather some of the impersonal information that relates to the way you use the Website. For example, MYGO may gather your server address, and your top level domain name. Similarly, MYGO may also record what pages you accessed on the Website and in what order you accessed them. MYGO may also record the date and time of your visit to the Website, and what page you came to the Website from. 

    If you contact MYGO, we may keep a copy of that correspondence. 

    Certain downloadable software applications and applets that we offer, such as our browser toolbars and photo, video and audio uploaders, transmit data to us. We may not make a formal disclosure if we believe our collection of and use of the information is the obvious purpose of the application, such as the fact that we receive photos when you use our uploader. If we believe it is not obvious that we are collecting or using such information, we will make a disclosure to you the first time you provide the information to us so that you can decide whether you want to use that feature. 

    Sometimes the Website may contain links shared by other Registered Users to third party websites outside of the control of MYGO. When you access external websites, make note that MYGO is not responsible for the privacy practices of that site. For your own protection, please read the privacy policies of each site that you visit via the Website. 

How will MYGO use my personal information?

    Personal information is gathered so that MYGO can carry out the business of running the Website for its Registered Users, and providing a better browsing and using experience. 

    What MYGO gathers depends on the way you use the Website. Outside of what is required for registration to become a member, information that could be gathered by MYGO includes the User Content, which may include stories that you share, the images or videos that you upload, and anything else that you cause to appear as part of the Website.  

    MYGO will use ‘cookies’ for monitoring and informing MYGO of traffic patterns and statistics relating to the use of the Website. A ‘cookie’ does not identify you personally, but it does identify your computer. This allows MYGO to understand Registered Users’ needs and preferences, and to improve the layout and usability of the Website. 

    If you do not wish to have your computer identified, you can set your browser to notify you when you receive a cookie, and this will provide you with an opportunity to either accept or reject it at each instance. 

    We may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if required by law. This may include respecting requests from jurisdictions outside of Australia where a response is required by law under the local laws in that jurisdiction, apply to users from that jurisdiction, and are consistent with generally accepted international standards. We may also share information when we believe it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Use. This may include sharing information with other companies, lawyers, courts or other government entities. 

    How will MYGO share my personal information?

    MYGO encourages its Registered Users to share videos on the Website. By becoming a Registered User and contributing to the Website, your contributions will be available on the Website for other Registered Users and Guests to see and modify. In this way, MYGO leaves the kind of personal information you make available up to your own discretion. 

    When it comes to personally identifiable information, MYGO will not sell, trade, rent or disclose any of the information you disclose during the registration process with third parties, unless you have given your consent for MYGO to do so. This includes any contact information you have provided. Otherwise, MYGO will only disclose personal information if we believe in good faith that it is required by Australian law, or it is permitted under the Privacy Act (Cth) 1988.  

    MYGO protects the personal information it collects in a secure database, which can only be accessed by employees of MYGO. MYGO employees treat personal information held by MYGO as confidential, and are required to maintain that confidentiality in the strictest possible confidence. 

    MYGO cannot control the actions of other Registered Users with whom you may choose to share information. Although it is against the Terms and Conditions of the Website, MYGO cannot prevent user uploaded content on the Website from being used by people without your authorisation. Whenever you voluntarily disclose personal information on the Website, information can be collected by other Registered Users or Guests to the site. Even after removal, copies of your User Content may remain viewable in cached and archived pages or if other Registered Users have copied or stored that information. In short, if you post personal information online you may receive unsolicited messages from other parties in return. 

    How may I update or delete my personally identifiable information?

    Your MYGO Website information is password protected so that you and only you have access to your personal information. Registered Users may modify or delete any of their personal information at any time by using your Registered User ID name and your password. 

    Under the Privacy Act, you have a right to seek access to information that MYGO has about you in its database. If you wish to access the personal information that we hold about you, please contact MYGO HERE or set out your request in writing, including your phone number, and forward this to MYGO at  contact@smashcut.com 

    There are risks inherent in sharing information.

    Please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you share your information. We cannot guarantee that only authorised persons will view your information. We cannot ensure that information you share on MYGO’s website will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on MYGO’s websites. You can reduce these risks by using common sense security practices such as choosing a strong password and using up to date antivirus software.  

    Changes to this Privacy Policy

    From time to time MYGO may make changes to this Privacy Policy. In the event of such changes, MYGO will post these changes on the Website to make all Registered Users aware of what the changes are. MYGO will always make you aware of what information we collect about you, how we use it, and when we may disclose it.  

    All Registered Users will be bound by any change to this Privacy Policy after those changes have been posted.