Welcome to citycrowd.com the 100% FREE dating and networking service for anyone aged 18+. In order to use the citycrowd.com Service you must register as a member of the Service and agree to be bound by these Terms and Conditions. Please read these Terms and Conditions thoroughly. This Agreement sets out the legally binding terms for Your Membership. This Agreement may be modified by citycrowd.com from time to time, effective upon notice to you as a Member.

DEFINITIONS

1.1 In this agreement the following words shall have the following meaning:

"Agreement" means this agreement between CityCrowd and the Member;

"Member" means any natural person whose membership has been accepted by CityCrowd and remains valid but excluding any organisation company and/or business;

"Members Profile" means that part of the Website containing information and /or pictures about a Member;

"Service" means the service provided by CityCrowd to the Member through the Website including, but not limited to, allowing the Member to access and/or use the Website, contact and/or be contacted by other Members and/or publish or transmit information on the Website;

"CityCrowd" means Click Direct ABN 226861724422, PO Box 3897, Nunawading, Victoria, Australia 3131

"Website" means CityCrowds website at URL www.citycrowd.com including all its content;

2. TERMS OF USE

2.1 This is a binding legal Agreement relating to the Service.

2.2 By becoming a Member you agree to be bound by the terms of this Agreement

2.3 These terms shall govern the Agreement between the Member and CityCrowd to the exclusion of any other terms or conditions including any previously notified to the Member.

2.4 These terms and the Service are subject to change by CityCrowd at any time.

2.5 Use of the Website and the Service is governed by CityCrowd's Privacy Policy

3. MEMBERSHIP APPLICATION

3.1 By becoming a Member the Member warrants and represents to CityCrowd that:

3.1.1 The Member is at least 18 years old.

3.1.2 The Member has not been convicted of any offence or been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or

3.1.3 The Member will be using the Service for his/her personal use only.

3.2 CityCrowd shall have the right in its absolute discretion to refuse to register applications for membership and to terminate memberships at any time.

3.3 An application for membership shall be treated as accepted by CityCrowd when the Member receives confirmation of his/her membership from CityCrowd by e-mail.

4. MEMBERS PROFILE

4.1 Members must not include in their Member Profile any telephone numbers, street addresses, e-mail addresses or any other information which would enable other Members and/or any person to contact Members outside the Website

4.2 CityCrowd may copy and/or reproduce any information published by Members on the Website in any form and in any manner.

4.3 The Member warrants and represents to CityCrowd that all information transmitted and/or published on the Website by him/her from time to time is accurate, true, complete and is not misleading and will be regularly reviewed to ensure that it remains so.

4.4 CityCrowd reserves the right in its absolute discretion from time to time and without notice to amend and/or delete all or any part of a Member's Profile.

5. MEMBER'S UNDERTAKINGS

5.1 Members agree that they will:

5.1.1 Not send any message email or other communication or publish or transmit information including pictures which breaches or infringes any law statute or regulation or international conventions codes or regulations applicable to the internet:-

5.1.1.1 Which is in breach of those laws including but not limited to infringement of copyright and other intellectual property rights defamation theft fraud drug trafficking money laundering and terrorism;

5.1.1.2 May incite violence sadism cruelty or racial hatred;

5.1.1.3 May facilitate prostitution or paedophilia;

5.1.1.4 Is pornographic obscene indecent abusive offensive menacing or libellous; and/or

5.1.1.5 May attack or undermine the religious and/or political beliefs of any person directly or indirectly.

5.1.2 Not use the Service for commercial purposes including the promotion of another business in any way whether or not competing with the Service including the promotion of charities or the making of financial requests;

5.1.3 Not to gain or attempt to gain unauthorised access to any information available on the Service or to other computer systems or networks connected to the Website;

5.1.4 Not to publish and/or reproduce in any way any information and/or material in which the intellectual property rights belong to a third party without obtaining the prior written consent of the owner of such rights;

5.1.5 Not copy, resell rent or hire all or any part of the information on the Website or use of or access to the Website or to assign transfer or part with membership rights or authorise any person to use a Member's membership;

5.1.6 Not to gain or attempt to gain access to other computer systems or network connected to the Website;

5.1.7 Not create and/or introduce into the Service any virus worm trojan horse or other destructive or contaminating program or advise any other party to do so;

5.1.8 Not to invade the privacy of other Members of the Service including sending unsolicited e-mails ("spamming") nor to collect or transfer personal data on any person without their prior written consent; and/or

5.1.9 Reply courteously to emails received from other Members.

6. TERMINATION

6.1  Members may terminate their Membership at any time for any reason by going to the Membership Cancelation section in the FAQ pages on the Website.

6.2  CityCrowd may terminate or suspend a Member's membership and access to the Service with immediate effect and either with or without notice:-

6.2.1 If the Member is in breach of any of the terms of this Agreement; and/or

6.2.2 If CityCrowd is unable to determine the accuracy and/or validity of any information provided by the Member; and/or

6.2.3 For any other commercial or technical reason.

6.3  Any notice shall be sent to the Member at the email address provided in his/her application for membership or such other email address as the Member may have provided to CityCrowd.

6.4  Certain provisions of this Agreement will remain in effect after it has been terminated including Clauses 6 and 7.

7. PROPRIETARY RIGHTS

7.1 Domain names patents and other intellectual property rights whether registered or unregistered ("the Intellectual Property Rights") created developed subsisting or used in or in connection with the Service are and shall remain the sole property of CityCrowd.

7.2 The Member acknowledges that the Intellectual Property Rights may be used only with the consent of CityCrowd and during the continuation of this Agreement for the Members personal non-commercial use. The Member shall not during or after the expiry of this Agreement reformat adapt copy vary or modify or otherwise do or permit any person to do any such act so as to affect any of CityCrowd's Intellectual Property Rights relating thereto.

7.3 The Member warrants that he/she is the author of all information and/or pictures transmitted to and published on the Website and assigns to CityCrowd all copyright in such information and pictures.

8. CONFIDENTIALITY

8.1 CityCrowd will use reasonable endeavours to keep confidential Member's personal information (other than information considered by CityCrowd to be public information) and will not disclose such information to any third party unless required to be disclosed by law to a government agency or where a Member has given his/her consent.

8.2 Members acknowledge and agree that CityCrowd its employees agents and authorised representatives may access information published by a Member on the Website in order to diagnose and fix technical problems or complaints about the Service from any Member.

9. WARRANTIES

9.1 CityCrowd does not warrant that any of the information and/or material obtained from the Website or the Service is accurate or that the results that may be obtained will meet Members requirements either in full or part.

9.2 CityCrowd does not warrant the functionality of the Website or that the Website will be available, and/or that use of the Service will be uninterrupted secure or error free.

10. LIMITATIONS ON LIABILITY

10.1 The Member accepts the Service "as is" and "as available" without any warranty of any kind either express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non infringement but nothing in this Agreement shall exclude or limit a Member's statutory rights.

10.2 In no event will CityCrowd be liable to a Member for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Agreement the Website and/or the Service its use application support or the reliance by a Member on any information and/or material published on the Website and/or sent to a Member by another Member or otherwise except to the extent to which it is unlawful to exclude such liability.

10.3 Nothwithstanding the generality of 10.2 above CityCrowd expressly excludes liability for consequential loss damage or corruption to other software or data or for loss of profit business revenue or goodwill.

10.4 In the event that any exclusion contained in this Agreement shall be held to be invalid for any reason and CityCrowd becomes liable for loss or damage that it may otherwise have been lawful to limit such liability shall be limited to the amount paid (if any) by the Member to CityCrowd for the Service.

10.5 CityCrowd does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of CityCrowd its employees agents or authorised representatives.

10.6 Notice of any claim against CityCrowd shall be given by the Member in writing within 10 days of the incident giving rise to the alleged claim together with sufficient evidence to show to CityCrowd's reasonable satisfaction that it is liable.

10.7 CityCrowd shall not be responsible for any delay in or failure to provide the Service where this is due to events outside its control including but not limited to fire explosion flood lightning Act of God act of terrorism war rebellion riot sabotage or official strike or similar labour dispute.

11. INDEMNITY

11.1 The Member undertakes fully and effectively to indemnify and keep indemnified at all times CityCrowd and its offices employees agents or authorised representatives against all actions proceedings claims costs demands liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained incurred or paid by CityCrowd directly or indirectly in respect of:-

11.1.1 Access to and/or use of the Service by the Member;

11.1.2 Any information data or material published or transmitted by the Member;

11.1.3 Any breach by the Member of any of the provisions of this Agreement or of any code law or regulation relating thereto.

12. GENERAL

12.1  If CityCrowd neglect or fail to enforce any of the provisions of this Agreement it shall not be construed as a waiver of CityCrowd rights nor in any way affect the validity of the whole or any part of the Agreement nor prejudice CityCrowd's right to take subsequent action.

12.2  This Agreement constitutes the entire understanding between the parties.

12.3  In the event that any or any part of the provisions of the Agreement shall be determined by a Court of competent authority to be invalid unlawful or unenforceable such provision shall to that extent be severed from the remaining provisions which shall continue to be valid and binding to the fullest extent permitted by law.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE TERMS CONTAINED ABOVE