NOTICE TO USER: THIS IS A CONTRACT. BY REGISTERING FOR THIS SERVICE, OR ACCESSING THIS SITE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

IMPORTANT-PLEASE READ CAREFULLY:

This LocalVocal Terms of Service Agreement ("Agreement") is a legal agreement between you, either an individual or a corporate or organisational entity, and LocalVocal.

This document describes the terms and conditions that cover the use of the LocalVocal network (members, content, etc) ("Network"), the LocalVocal.com.au website (including versions of the website that may exist on other domains).

1. Grant of Limited License

   In consideration for your acceptance of the terms and conditions of this Agreement, LocalVocal will grant to you a personal, non-transferable and non-exclusive right to use the site.

2. Representations and Warranties

   By completing the membership registration process, to become a Member, you are representing and warranting that:

   1. you have provided true, accurate, current and complete information about yourself as prompted in the registration process.
   2. you are not using the Network for any improper or illegal purpose, and that you will act in good faith in your relationships with LocalVocal and other Members and will abide by the rules set forth by LocalVocal or the community.
   3. you will register one and only one user account. Multiple member accounts, for one person are not allowed.
3. Use of Software and Network
   1. Your Account

      Once you register on the Network, you will have a password and an account, and become a Member of the community of users on the Network.

      You are responsible for maintaining the confidentiality of your password and account, which may not be shared with others. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify LocalVocal of any unauthorised use of your account or any other breach of security known to you. Accounts are for personal use only. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through the Network.

   2. Member Content

      You understand that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not LocalVocal, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on the Network or on the Web.

      LocalVocal does not control the Content posted to the Network or to the Web by users, and, as such, does not guarantee the accuracy, integrity or quality of such Content.

      You understand that by using the Network, you may be exposed to Content that is offensive, indecent or objectionable.

      Under no circumstances will LocalVocal be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Network or to the Web.

      For the sole purpose of enabling LocalVocal to provide and maintain the Network and services we provide, you understand that with respect to Content you make available through the Network, you grant LocalVocal a worldwide, perpetual, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content. This licence survives the termination of this agreement.

   3. Copyrights, Trademarks, Patents and Intellectual Property Rights

      You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. LocalVocal respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of this agreement, and is sufficient grounds to close a users’ account. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without LocalVocal’s prior written permission, except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

      If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify LocalVocal's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at administrator@LocalVocal.com.au.

   4. Members shall not engage in any activity that constitutes harassment, abuse or stalking.

      If a member asks another member of cease contact (eg. Future contact by email, instant messaging), this request will be respected, by that other user, and contact will cease.

   5. Members shall not misrepresent their identity or impersonate any person, whether celebrities, political figures, cartoon characters, other users, or otherwise.
   6. Members shall not assert that they are sponsored by, endorsed by, or affiliated with LocalVocal.
   7. Members shall not use the network for uploading, posting, emailing, transmitting or otherwise making available junk mail, unauthorized commercial advertisements, or any other form of commercial solicitation (ie. Spam).
   8. Members shall not use the Network for uploading, posting, emailing, transmitting or otherwise making available messages, including profiles, that are harmful, threatening, abusive, vulgar, obscene, defamatory, libellous, hateful, or racially, ethnically or otherwise objectionable. These are breaches of Community Standards.
   9. Members shall not use the Network for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful to minors in any way.
   10. Members shall not use the Network for uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses for any computer software or hardware or telecommunications equipment.
   11. Members shall not attempt to gain unauthorized access to LocalVocal's database or other computer systems.
   12. Members shall not use the Network for any unlawful purpose.
   13. Violations of Agreement and Network Community Standards

       You may report violations of the LocalVocal agreement and/or community standards to the Member believed to be in violation. If a suitable remedy is not achieved, please report to administrator@LocalVocal.com.au.

4. Privacy and Security

   Members are solely responsible for the privacy of their own Content. The Network is designed for Members to use privacy settings to determine the visibility of data throughout the Network and on the Web, and to limit its spread to other systems.

   LocalVocal uses industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the non-public information provided by members in a secure operating environment that is not available to the public and to honour your privacy settings, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing your private Content or personal information.

5. Disputes

   If there is a dispute between Members or between Members and any third party, you understand and agree that LocalVocal is under no obligation to become involved. In the event that you have such a dispute, you hereby release LocalVocal, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

6. Disclaimer of Warranty

   LOCALVOCAL PROVIDES THE NETWORK TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. YOU AGREE THAT USE OF THE THE NETWORK IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCALVOCAL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE NETWORK. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCALVOCAL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SOFTWARE OR NETWORK, OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCALVOCAL DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NETWORK OR THE SOFTWARE.

7. Limitation of Liability

   UNDER NO CIRCUMSTANCES SHALL LOCALVOCAL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LOCALVOCAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE SOFTWARE OR THE NETWORK OR FOR THE CONDUCT,WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE NETWORK, FROM INABILITY TO USE THE NETWORK, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE NETWORK OR THE NETWORK.

8. Indemnification

   You agree to indemnify and hold LocalVocal, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your use of the Network or from a breach of terms of this Agreement or your representations and warranties. You agree to hold LocalVocal harmless from any claims and expenses, including reasonable legal costs and court costs, related to your violation of this Agreement.

9. Term and Termination

   The term of this Agreement shall commence when you register and shall continue thereafter until terminated by either party. However, if you fail to fulfil any of your material obligations under this Agreement, this Agreement and all licenses and rights granted to you under this Agreement will terminate immediately. You agree that LocalVocal, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Network (or any part thereof), immediately and without notice, and remove and discard any Content within the Network, for any reason. Sections 5-11 shall survive termination of this Agreement.

10. Modifications

    LocalVocal reserves the right to modify or amend this Agreement at any time, at LocalVocal's sole discretion. The most up to date version of this Agreement will be posted on the LocalVocal site.

11. General

    The Terms constitute the entire agreement between you and LocalVocal and govern your use the Network, superseding any prior agreements between you and LocalVocal. This Agreement shall be governed by the laws of the State of New South Wales, within the Commonwealth of Australia.

    LocalVocal may give notice to its Members by email, a posting on our website, or other reasonable means. Such email broadcasts, distributions or displays shall constitute notice to you.