FameOrFlame.com and the domain name (referred to as the “Website”) is owned and operated by Fame or Flame Pty Ltd ACN 122 016 960 (referred to as “FameOrFlame”) on the World Wide Web (referred to as the “WWW”). Your access to the Website is conditional upon your acceptance without alteration of the terms, conditions, notices, and disclaimers set out in this document (referred to as the “Terms of Use”) and the terms and conditions of FameOrFlame’s Privacy Policy (published at http://www.FameOrFlame.com/t/privacy) . Your continued use, and/or access to the Website constitutes your agreement in full to these Terms of Use without alteration. If you do not agree to any of these terms, you must not use the Website.

These Terms of Use apply to all users of the Website. The Website contains hyperlinks and other pointers to websites operated by third parties (referred to as “Third Party Sites”). These linked websites are not under the control of FameOrFlame and FameOrFlame is not responsible for the contents of any Third Party Site or any hyperlink contained in a Third Party Site. FameOrFlame provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by FameOrFlame or its affiliates. You expressly relieve FameOrFlame to the extent permitted by law from any and all liability (including by negligence) for any loss, cost, expense or damage arising from your use of any Third Party Site. Accordingly, when you leave the Website you should read the terms and conditions and privacy policy of all Third Party Sites that you visit.

A. In accordance with these Terms of Use, FameOrFlame grants you permission to use the Website provided that:

(i) your use of the Website is solely private and not for commercial purposes;

(ii) you do not reproduce, distribute or re-transmit the Website, or any of its Content (defined below), in any form or medium unless expressly allowed for by the Website or with the express written consent of FameOrFlame or its affiliates;

(iii) you do not alter or modify the layout of the Website, any computer software and code contained in the Website, or any other part of the Website other than may be necessary for the reasonable use of the Website; and

(iv) you otherwise comply with these Terms of Use.

B. Some features of the Website require you to create an account. When creating an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. If you become aware of any breach of the security or any unauthorized access to your account you must notify FameOrFlame immediately. You must not use another person’s account without permission. Although FameOrFlame is not liable for your losses arising from any breach of security or unauthorised use of your account, you may be liable for the losses of FameOrFlame, or others, arising from such unauthorised use

C. You must not use any automated system, including but not limited , "robots," "spiders," "offline readers," etc., that send more requests to the Website’s servers than could reasonably be sent by one person using a conventional web-browser in the same period of time. Nevertheless, operators of public search engines may use spiders etc to copy materials from the Website, but only for the purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FameOrFlame may revoke these permissions either generally or in specific cases. You must not harvest any personally identifiable information, including account names, from the Website. You must not use any features of the Website, including User Submissions (defined bellow) to solicit, for commercial purposes, any person.

You may, of course, decline to submit personally identifiable information through the FameOrFlame Website, in which case you can still view videos and explore the FameOrFlame Website, but FameOrFlame may not be able to provide certain services to you.

If FameOrFlame holds your personal information we will, where possible, provide you with access to the information so that you may update or correct it by visiting your account profile page.

Unless expressly indicated otherwise on the Website, all content including without limitation the text, software, scripts, designs, interfaces, graphics, images, icons, photos, sounds, music, videos, interactive features and the like on the Website ("Content"), except all User Submissions (as defined below), is owned by or licensed to FameOrFlame, its suppliers and/or licensors. The Content is protected by Australian and international copyright and trademark laws. FameOrFlame reserves all rights not expressly granted in and to the Website and the Content. Content on the Website is provided to you as is for your information and personal use only and may not be re-sold, re-distributed, reproduced, used, copied, transmitted, broadcast, displayed, licensed, or otherwise exploited for any other purposes whatsoever except as expressly provided for on the Website, these Terms of Use, or expressly authorised in writing by FameOrFlame or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Website (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may using an industry-standard Web browser, download and view the Content for your personal, non-commercial use. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

A. The Website may now or in the future permit the submission of videos or other communications by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. Whether or not such User Submissions are published, FameOrFlame does not guarantee any confidentiality with respect to any submissions.

B. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent, affirm and/or warrant in relation to any User Submission you provide to the Website that :

(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize FameOrFlame to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use;

(ii) you have the written consent, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use;

You retain all of your ownership rights in your User Submissions. However, by submitting any User Submissions to FameOrFlame you hereby grant FameOrFlame a perpetual, worldwide, royalty-free, irrevocable, non-exclusive and transferable license to use, sub-licence, modify, copy, adapt, reproduce, distribute, transmit, publish, prepare derivative works of, display, publicly perform and display the User Submissions in connection with the FameOrFlame Website and FameOrFlame's (and its affiliate’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels to the full extent permitted by intellectual property law in any jurisdiction in which the website is available to user. You also allow FameOrFlame to sub-licence to others the same rights granted to FameOrFlame and grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you to FameOrFlame does not terminate once you remove or delete a User Submission from the FameOrFlame Website.

C. You further represent, affirm and/or warrant in relation to any User Submission you provide to the Website that:

(i) the User Submission is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;

(ii) the User Submission is not an advertisement or solicitation of business;

(iii) the User Submission does not infringe any intellectual property right including, but not limited to, trade secrets, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright;

(iv) the User Submission does not infringe any legislation or regulations of the Commonwealth of Australia, the State of New South Wales or any Australian other Australian State or Territory including, but not limited to, the Copyright Act 1968, the Copyright Amendment (Digital Agenda) Act 200, the Trade Practices Act 1974 (Cth) and the Fair Trading Act 1987 (NSW) (and equivalent state and territory legislation) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website;

(v) the User Submission is not unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would give rise to civil or criminal liability or violate any law, or is otherwise inappropriate.

D. FameOrFlame does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FameOrFlame expressly disclaims any and all liability in connection with User Submissions.

E. FameOrFlame does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and FameOrFlame will remove all Content and User Submissions if properly notified in writing that such Content or User Submission infringes on another's intellectual property rights. FameOrFlame reserves the right to remove Content and User Submissions without prior notice. ameOrFlame will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. FameOrFlame also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use. FameOrFlame may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

F. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to FameOrFlame by providing our copyright agent with the following information in writing:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright notices of claimed infringement and comments, requests for technical support, and other communications should be directed to FameOrFlame customer service through http://www.FameOrFlame.com/contact.

G. Although every care has been taken in the maintenance of the Website, FameorFlame does not warrant the accuracy, suitability, usefulness, safety, or legality of any User Submissions to which you may be exposed. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FameOrFlame with respect thereto, and agree to indemnify and hold FameOrFlame, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

H. FameOrFlame permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, FameOrFlame provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the FameOrFlame website on the pages containing the Embeddable Player. FameOrFlame may remove any material, information including but not limited to links to other sites on the WWW, or User Submissions from the Website at any time without giving any explanation or justification for its removal.

The Trade Practices Act and similar state and territory Legislation in Australia (and in New Zealand, except where goods or services are acquired for business purposes, the Consumer Guarantees Act 1993 (NZ)) may confer rights and remedies on you in relation to the provision by FameOrFlame of goods or services on the Website which cannot be excluded, restricted or modified ("Non-excludable Rights").

FameOrFlame does not exclude any Non-excludable Rights but does, to the full extent permitted by, disclaim all other conditions and warranties of any kind, express or implied by custom, law, or statue, including but not limited to the accuracy, reliability, timeliness, merchantability and fitness for a particular purpose of the content of the Website or of the content of any Third Party Site, or of any product or service advertised or offered by any Third Party Site through the Website. As with the purchase of a product or service through any medium you should use your best judgment and exercise caution where appropriate.

To the fullest extent permitted by law, FameOrFlame’s liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of FameOrFlame to the following:

(i) in the case of services supplied or offered by FameOrFlame,

(a) the supply of the services again, or
(b) the payment of the cost of having services supplied again; and

(ii) in the case of goods supplied or offered by FameOrFlame,

(a) the replacement of the goods or the supply of equivalent goods,
(b) the repair of such goods,
(c) the payment of the cost of replacing the goods or acquiring equivalent goods, or
(d) the payment of the cost of having the goods repaired.

FameOrFlame, its officers, employees, and agents disclaim liability under any circumstances and to the fullest extent permitted by law in the relevant jurisdiction for any indirect, incidental, special and/or consequential damages, or loss of profits of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) resulting from any:

(i) errors, mistakes or inaccuracies of the content of the Website,

(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website,

(iii) unauthorized access to or use of the FameOrFlame’s servers and/or any personal or financial information contained therein,

(iv) inability to use or access the Website or its Content, (v) bugs, viruses, worms or any other harmful code transmitted to or through the Website,

(vi) errors or omissions in any content whether posted, emailed, transmitted, or otherwise made available via the Website.

You specifically acknowledge and agree that FameOrFlame shall not be liable for the opinions or behaviour of other Users including as manifested in any User Submissions, which are of a defamatory, offensive or illegal nature, and that the risk of harm or damage from this rests entirely with you.

The Website is controlled and offered by FameOrFlame from its facilities in Australia. FameOrFlame makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You will at all times indemnify and keep indemnified FameOrFlame, its parent corporation, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs and expenses) incurred by any of those indemnified where such loss or liability arose out of, in connection with or in respect of:

(i) your use of and access to the FameOrFlame Website;

(ii) your violation of any term of these Terms of Service;

(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or

(iv) any claim that one of your User Submissions caused damage to a third party.

This defence and indemnification obligation will survive these Terms of Use and your use of the Website.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 16, as the FameOrFlame Website is not intended for children under 16. If you are under 16 years of age, then please do not use the Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, except with FameOrFlame’s written consent, but may be assigned by FameOrFlame without restriction.

You agree that:

(i) the Website shall be deemed solely based in Australia; and

(ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over FameOrFlame, either specific or general, in jurisdictions other than Australia.

These Terms of Service shall be governed and construed in accordance with the laws of the State of New South Wales, without giving effect to any principles of conflict of laws. You irrevocably agree to the jurisdiction of the courts of New South Wales to determine any claim or dispute between you and FameOrFlame that arises in whole or in part from the Website or these Terms of Use. These Terms of Use, together with the Privacy Notice at http://www.FameOrFlame.com/privacy_policy_live.html and any other legal notices published by FameOrFlame on the Website, shall constitute the entire agreement between you and FameOrFlame concerning the Website. If any provision of these Terms of Use is found to be void, unlawful, or unenforceable by a court of competent jurisdiction, then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and FameOrFlame's failure to enforce any right or provision under these Terms of Use shall not be construed as a waiver of any right or remedy to FameOrFlame. FameOrFlame may vary any of the Terms of Use at any time without notice. You will be deemed to have accepted and agreed to the revised Terms of Use if you continue to use the Website after the revised Terms of Use have been placed on the site.

You and FameOrFlame agree that any cause of action arising out of related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.