1. About the Website
    1. Welcome to www.vame.me (the ‘Site’), previously www.nameyourvame.com. This Site provides you with an opportunity to record yourself pronouncing your own name and provides a personal URL link to facilitate public distribution.
    2. The Site and Services are operated by VAME PTY. LTD. (ACN 168 172 469) (“VAME”). Access to and use of the Website, or any of its associated Products or Services, is provided by VAME. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
    3. The following terms and conditions govern all use of the Site and all content, services and products available at or through the Site and mobile application, referred to as ("Services").
    4. By accessing the Site or using the Services, you ("User" or "you") agree and acknowledge to be bound by these Terms of Service ("Terms"). We reserve the right to change the Terms and recommend that Users periodically check this Site for changes.
    5. VAME reserves the right to review and change any of the Terms by updating this page at its sole discretion. When VAME updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  2. Acceptance of the Terms
    1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by VAME in the user interface. By accessing or using any VAME application, service and/or website (collectively, the "Services") you agree that you have read, understood, accepted and agreed to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
    2. VAME is a suite of services that allows humans to record the personal pronunciation of their own name. By agreeing to the Terms of Service, you solemnly swear to be the voice of your own VAME. VAME does not collect generic pronunciations of names. In the instance of a user wanting to record a personal VAME but is unable to do so due to a medical disorder, it is accepted for a guardian to record the pronunciation of that specific user’s name.
  3. Registration to use the Services
    1. In order to access the Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details, including:(a) an email address;
      (b) preferred VAME URL;
      (c) a mailing address;
      (d) your sex; male or female
      (e) your Nationality
      (f) Languages spoken; and
      (g) a password
    2. You warrant that any information you give to VAME in the course of completing the registration process will always be accurate, correct and up to date.
    3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms.
  4. Contacting VAME
    1. If you encounter a problem or have an enquiry about our Site or Service please contact us here: hello(at)vame(dot)com
  5. Your License to use the VAME Site and Services
    1. VAME grants you a limited license to access the Site and use the Services in accordance with these Terms and the guidelines posted on the Site. VAME reserves the rights to terminate your license to use the Site and Services at any time and for any reason.
  6. Your VAME Account, Responsibility and Information
    1. By providing information to the site, including creating a VAME account and / or profile (“Your Content”), you are solely responsible for your use of the Site and Services and all activities that occur under the account and any other actions taken in connection with the profile.
    2. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes. You represent and warrant that you have full right and authority to provide VAME with the foregoing information, including, without limitation, any third party's consent (to the extent required under any applicable law).
    3. VAME may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause VAME liability.
    4. You must immediately notify VAME of any unauthorized uses of your profile, your account or any other breaches of security. VAME will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
    5. Content hosted by external services ("3rd-party data") is fetched and processed by VAME, but is delivered by the originating external service. User data and 3rd-party data does not represent the advice, views, opinions or beliefs of VAME, and we make no claim of accuracy for any user data.
    6. Without derogating from the provisions of VAME's Privacy Policy , you agree to be presented in the Service with advertisements and promotional materials, including third party offers which may be designated specifically to you based on your personal information.
  7. Username Conflicts
    1. VAME has a zero tolerance policy for the practice of deliberately claiming a recognizable name which does not belong to the claimant (ie. "name squatting"). By registering a recognized name (e.g. that of a celebrity, recording artist, or actor) you agree to forfeit that username should the rightful owner protest your claim.
  8. Account Termination
    1. You acknowledge that VAME is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing Benefits associated with your Account. In the event that VAME terminates your Account, you may not participate in any of the Service again without VAME's express permission. VAME reserves the right to refuse to keep Accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: hello(at)vame(dot)com.
    2. As such, you should take care to preserve the originals of any content you provide and/or upload to the Service. You should have no expectation that any content will always be available through the Service. Do not rely upon the Service as a storage space for such content.
  9. Fees and Payment
    1. Access to the Service and use of selected features of the Service is currently free of charge. Some of the future Services may require payment of fees. Users shall pay all applicable fees, as described on the Site in connection with such Services. All fees are non-refundable unless expressly stated otherwise on the Site. All fee-based Services are provided "as is" with no warranties of any kind. VAME may modify, update or revise such fee-based Services at its discretion.
  10. Intellectual Property (Trademarks & Copyrights)
    1. This Agreement does not transfer from VAME to you any VAME or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with VAME.
    2. VAME, the VAME logo and the VAME design are trademarks or trade dress of VAME, and may not be used without express written permission from VAME, other than for attribution.
    3. All other trademarks not owned by VAME that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by VAME. We respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including 51(xviii) of the Australian Constitution).
    4. You are not required to provide VAME with any feedback or suggestions regarding the Service or any Service Materials. However, should you provide VAME with comments or suggestions for the modification, correction, improvement or enhancement of the Service and/or any Service Materials, then, subject to the terms and conditions of these Terms, you hereby grant VAME a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner VAME chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of VAME's and its sublicensees' products and content embodying such comments or suggestions in any manner and via any media VAME chooses, but without reference to the source of such comments or suggestions.
  11. No Warranty and Limitation of Liability
    1. VAME PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. VAME SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL VAME BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT VAME HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH VAME SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES.
    2. THE SITE MAKES NO WARRANTIES, WHETHER IMPLIED OR EXPRESSED, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, VIRUS FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE SITE EDITOR, NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE, WRITTEN OR VERBAL, PROVIDED BY VAME OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE AND MUST BE USED SOLELY AT YOUR OWN RISK, AND THAT VAME WILL NOT BE LIABLE IN ANY WAY.
  12. Dealings with Advertisers
    1. Your correspondence or business dealings with, or participation in purchase of goods, use of coupons, promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that VAME will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service, including, for the avoidance of doubt any dealings with third party vendors and/or merchants which were referred in any suggestions and/or recommendations provided through and/or within the Service.
  13. Indemnification
    1. You agree to indemnify and hold harmless VAME, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Site and Services, including but not limited to your violation of this Agreement.
  14. Other
    1. VAME and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between VAME and you.
    2. These Terms supersede any previous agreement and represent the entire agreement between VAME and you. These Terms are governed by the laws New South Wales without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly.
    3. In the event that any provision of these Terms is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provisions will be interpreted to reflect the original intentions of the parties, in accordance with applicable law, and the remainder of these Terms will remain valid and applicable.
    4. The failure of either party to assert any right under these Terms will not be considered to be a waiver of that party’s right, and said right will remain in full force and effect.