Terms Of Use and Conditions Agreement

Please read these terms and conditions carefully as it constitutes your right to enter , gain access and experience Lipcrack products and services. If you do not agree to these terms and conditions your Lipcrack adventure should end here.

This agreement is governed by International Law, in instances where there is conflict in law, there will be a requirement that paperwork regarding any claim be submitted to the Adelaide Magistrates Court. This is subject to change and we reserve that right.

We recommend as a part of downloading any file from the internet you check it with a virus protection software product. We do not deliberately create products that will cause malicious damage to your system, in the event that someone were to send you a file with a Lipcrack title we suggest you destroy it immediately unless it is sent by an authorized Lipcrack representative, from a recognized Lipcrack mail addresses, as a part of a free exchange or a good's for money exchange. Lipcrack files can and should only be downloaded from the Lipcrack site or a site authorized by Lipcrack. Authorized sites will be listed on the Lipcrack site when we finalize agreements.

As a part of your own computing system safety we recommend that you have in place a firewall to prevent loss or theft from the computer.

It is our desire to provide a service whereby you can sample small inserts from the material we release for the purpose of purchasing a song in it's entirety. All other services are provided for your participation, knowledge and enjoyment.

If you enjoy financial success as a part of your participation in the reseller program, (please contact us for details), those rewards are yours and your's alone, excluding your taxation requirements.

You will be notified of any updates in this policy via our news service, or if you subscribe to our email list via our newsletter, we reserve the right to make changes to this policy. We also reserve the right to terminate this service at any time if we believe it is in our best interest to do so. Other than that it will be on your onus to keep up to date with changes in Lipcrack Policy, and by reading and accepting these terms you understand that you are bound by them.

If any part of this agreement is found to be unenforceable it will be removed from the agreement. At the time of print on this day November 10th, 2004 this agreement over writes any previous agreement either in writing, or oral that may have been in existence, or implied with our site visitors and those on our mailing list.

Factors in which we cannot assume liability for access or loss to the Lipcrack site include, but are not limited to services provided by telecommunications carriers, line interruption, power failure, software failure, third party carriers, acts of God, or any other phenomena that may occur outside the realms of human knowledge. The site works well with Internet Explorer and Google and Lipcrack can not guarantee you will be able to access all functions in other browsers.

For your information :

Lipcrack is no longer registered as a business and is currently run as a hobby business.
It has the same tax obligations as any business under tax laws.

http://www.lipcrack.com is the Registered Domain Name.
Lipcrack is the name of the Band and Services that are offered on the Lipcrack site.
Band@lipcrack.com is the public email
We also have other email addresses which are relevant to tasks performed at Lipcrack.

Lipcrack Site is currently hosted in the United States of America and distributed to your desk top via various point of presence internet providers. We will notify our customer of any changes relating to our site hosting.

Warranty and Liability Disclaimers

Lipcrack release songs, that's our number one priority, finding way's of providing those songs online without our intellectual property being plagiarized, copied or reproduced without our implicit consent has become our number two priority. If you understand the value of money, what it cost's to provide this service, and the infrastructure utilized to protect the integrity of the song's and artistic works produce then you will understand why it is necessary to implement changes over time to represent the costs involved.

Sure there's no way to stop you from reproducing something once you've paid for it, but under our Terms and Conditions we can make a request. If you fail to adhere to this request then we are in the position whereby we can instigate legal proceedings within those courts where legislation apply. In the meantime if we can form joint partnerships that reduce our costs in delivery of Lipcrack goods and services then this will be reflected in the pricing of items.

As a part of utilizing this service and downloading our tracks you are hereby granted the license to make copies for your own personal use. This licence is non transferable to other users or music listeners. Copies may be made for your computer, stereo, cassette player or any hand held device used for the output of sound on which Lipcrack music can play. You can convert it to whatever file extension you choose, so that it play's on music playing equipment but you must avoid making copies for individual's that do not pay the asking price for Lipcrack material or do not contribute to the development of the site. If you are aware of any black market trade activities, we ask you to bring this to our attention so that illicit trade can be stopped.

You may not collect income for the sale of Lipcrack songs unless an agreement is drawn up between yourselves and our company. We are happy to look at this with you, but we expect our share.

You may not take samples of Lipcrack tracks and compose your own musical accompaniments without the expressed permission of Lipcrack. You may request this permission via our email at Band@lipcrack.com

You may not misrepresent yourself in any way shape or form, as being a representative, band member or employee of A for Alternative or Lipcrack for the purpose of doing Lipcrack business without our implicit consent. Ownership of Lipcrack products is not an indication of this consent. We are currently developing products for our fan base that will certify their standing as Lipcrack Fans, we shall advise you of this at a date in the near future, but of course ownership of Lipcrack tracks does indicate you are a fan.

Lipcrack music should be played everywhere and anywhere there are people present, ready and willing to listen to the sound that is Lipcrack. If we manage to collect some royalty checks along the way by participating organizations, all the better.

For public broadcast on the radio/television network, you are welcome to download Lipcrack tracks and convert them to a suitable play format for your wider audience for the purpose of promotion of Lipcrack Music. We would prefer that you let us know of any intention to do so, we would like to thank you, and please make sure your play sheet's reflect this commitment to the on air performance of Lipcrack so that any remuneration due can be forwarded to the appropriate parties.

Lipcrack songs are released on line as MP3's, at the time of release they are checked for data defects, and then retested once they are placed on the server.

Some files may become corrupted when left on a server for an extended period of time. If we receive customer complaints regarding a file they have downloaded we shall up load it again. In the event that this does not resolve the difficulty we have two solutions. That being that we shall send you a hard copy at an additional cost for packaging and postage, or you may chose to utilize our money back guarantee. When claiming the money back guarantee you will need to show some form of evidence to support your claim that the good's are faulty. Please read our terms of payment policy.

If you have difficulty with download's please report this via the Band@lipcrack.com email.

Lipcrack Newsletter/Email
This newsletter comes out when Lipcrack have news and varies in content.

We are compliant with the Spam Act. If you don't want to receive this mail, you can unsubscribe at the site by clicking the appropriate link, we honor all requests for removal in 24 hours, what we consider the Lipcrack No Spam Guarantee.

Lipcrack items are well sourced and we provide links to those sources when appropriate for legal reasons. If you have any dissatisfaction with this part of the service please direct these to Band@lipcrack.com. We will then take the appropriate action to make changes that are necessary within the bounds of Freedom Of Speech. Images of Lipcrack that accompany the newsletter, may not be resold for profit.

Please be aware that spammers have been know to use Lipcrack emails fraudulently to advertise products we do not endorse. The only email you should ever receive from any Lipcrack email is in relation to the Lipcrack site.

Lipcrack Store
This is a new addition to the site, the aim is to host a range of products created by Lipcrack, along with other suitable inclusions from goods and service providers. We are open to submissions from any business group, however this does not mean all items submitted will be included. We have a maximum product range of 1000 which we expect will change over six month periods of promotion. The only limitations we have on the shop are items prohibited under peace treaty agreements. Artists are welcome to submit items of artistic merit, but they must have no previous owners, e.g. they must be authentic items made by the artist for the community. This means for example you can submit any item for inclusion from a packet of bubble bath to a laser pen. We do not charge for listing items. In terms of payment we act as a mediator in the payment process of items stocked which means we list the product in the shop once we've been provided with photos or documentation, as in the case of services. Following that when a payment is made on sale of an item, we forward payments via electronic payment or postage checks minus 10% which we take as commission. We reserve the right to change this over time if processing fee's limit trade remuneration. Paypal is our major transaction organizer. Items when submitted must have a detailed description, this may be edited in accordance with business policy, however it will be clarified with the seller to ensure agreement between both parties.
Photo image sizes, the software automatically resizes according to the internal specifications. When submitting photo images of products we insist that images are clear and of high resolution, images that are not clear will be rejected for inclusion. The software images on the site itself are in the following sizes
Small images: 77px × 77px
Large image: 204px × 200px or approx. 7cm by 7cm. This image when clicked on is enlarged to the size of image submitted. We request that file size be within the range of 1MB or 7inches by 4inches approximately. We will accept most photographic images of items however if it is not suitable for inclusion, we will let you know. Please remember that images use bandwidth, and we would like them to be clear, and as least consumptive of resources as possible.

Please note that we will be actively advertising the site on a day to day basis via mail lists, (except when there are service issues with ISP's or third party service providers), so we earn anything we make and in fact it costs us to do this so we feel this is an excellent opportunity for goods and service providers to join in at a ground level entry.

Please note we are not an auction service when submitting items you must request a price you are willing to accept for the item, you can however change it over time if the market is not responsive. We are aware systems may need refining over time and will do our best within the limitations of software and programming to accommodate our suppliers and customers.

If your organization needs to clarify any other details or requires a written agreement please contact us Lipcrack at Band@lipcrack.com and we will be happy to provide and clarify any questions or concerns you may have.

Promotional Goods
A percentage of Lipcrack profits will be reinvested back into promotional goods and gifts. We also plan to form new business partnerships when possible so that we can offer a range of promotional goods and services, discount vouchers and special incentive gifts. We can only assume that these will be offered in good faith and as such share no responsibility if they are not free from defect. Some of these items can be found on the Lipcrack.com free stuff link http://www.lipcrack.com/video.htm.

Free Stuff Page at http://www.lipcrack.com/video.htm
Lipcrack provide a free stuff page although we consider that there are limitations on this. For example you can use the images as desktop savers, convert files to any type you like for any hand held devices or other such suitable devices for playing for your own personal use.

What you cannot use the Free Stuff for : You cannot publish images in or on any commercial product. Basically what this mean's is you cannot take an item designed by Lipcrack and publish it on any item that is made available for sale.

You cannot derive income from any Lipcrack products without acquiring a suitable license. You can contact Band@lipcrack.com with regards to any publishing requests. Lipcrack maintain all ownership of copy write in images supplied.

Lipcrack News Service
Upgraded to online blog https://www.lipcrack.com/blog
Previous News Section

Lipcrack have upgraded the site Nov 5th 2005, the new's section is now hosted on our site domain, although links to previous news services are still in place.
(Prior to 2005) Lipcrack hosted via a third party link operated on the Lipcrack Site. Lipcrack liked the layout as it fit's the Lipcrack theme. It's contents at times may offend some readers. The writings are meant to be representative of an Australian Contemporary writer, that has no political or religious affiliation. In most cases the information is fact, if I over exaggerate I point this out to the wider audience at large, if I include a fiction piece within the writing it is stated. Dream sequences are considered fact as they really occurred, well in my head anyway. I reserve the right to make any entry's invisible as per the mechanisms built into its operating platform. These may be published at a later date. As it is hosted by a third party operator we can not always vouch that this service will be available, and sometimes it may be unavailable due to reasons outside of our control. If you experience any difficulty accessing the news section please notify us either in the message forum or at the email addresses Band@lipcrack.com

Parental Guidance Recommended
This site is a parental guidance recommended site. Some images have sexual connotations, but more than often this is a dig at sexism. We do not promote sexual lewd activity and often we are misinterpreted on this fact.
When including fashion shot's the clothing may reflect subtle forms of sexuality, we try to keep it suitable for a wider general audience. Lyrics and news releases contain adult themes explored through artistic expression, and in no way represent the personal habits of Lipcrack, well maybe sometimes comparisons can be made. We do not endorse the use of drugs, weapons of mass destruction, including but not limited to guns, knives or item's use to cause harm to others. Nor do we support or suggest illicit behaviors such as Hacking or Cracking. Lipcrack is a word created for the purpose of creating a unique identity for the band and its members. It in fact represents nothing other than what your mind creates. If you enter this site and are under the age limit requirements expressed within the place you reside for entrance into a Parental Recommended Site, then we recommend you leave. We cannot be held responsible for harm caused whether in conflict with your religious , psychological or social beliefs that may occur as a result of being exposed to Lipcrack. We cannot be held liable for any loss you may incur as a result of being under the authorized age to enter the Lipcrack site.

Export Restrictions
We are currently looking into the area's of law where our terms of trade may infringe upon the terms of trade in international borders. Until we have established our legal rights with regards to trade in these territories, we will not be held responsible for any loss that you may suffer as a result of using this service. If we discover the need for particular licenses with regards to our services then we shall make every endeavor to purchase them in an appropriate time frame. If there is a requirement for change in content, we shall consider our legal right in regards to law's governing in those countries. We are not interested in infringing on the rights of others without due consent, again appropriate to the legislative agreements or in some cases constitutions of those countries.

We must point out that some of the software products that we resell are produced in the United States, as such they cannot be made available for those countries currently sanctioned by the United States. Lipcrack do not necessarily endorse the reasons for these sanctions, but we are in a position whereby we must honor them. (They exist for a reason).

Employment Policy
We are an equal opportunity employer. As a part of your employment with this organization you may be requested to complete a survey to determine which area of the business best suits your skill base and personality. We reserve the right to expand on business policy at a later stage.

Privacy Policy
As a part of the upgrades, to access new Lipcrack material you may be required submit an email address to Lipcrack at Band@lipcrack.com or you can become a member and subscribe.

The only mail you will receive from Lipcrack as a part of this subscription, are Lipcrack News Updates relating to our services. Your email address is the only personally identifiable information we have, although at some stage if you so choose you may participate in a survey providing more specific information.

Lipcrack utilizes a statistical package which collects information which can include details of the web browser you are using, and the location of the I.P address of your internet service. This information is solely for the purpose of letting us know where our fan base is located and occurs when you access Lipcrack website pages.

Other areas of our site hosted by third parties may collect additional information. If you require knowing what this information consists of we request that you read their individual privacy policies. They hold that information and we might not know what it contains.

Software platforms we use may have cookies, but we are unaware of the information they may collect, if in fact they do.

In cases dictated by law we may be called upon to provide information that you have submitted to our service.

Exclusion Clause
Cyber Dick track in part is a joint collaboration between Lipcrack for Soul Uzers and Casey. This is the only item of music contained within the site that there is joint ownership in title. In the event that new releases incorporate assistance from outside sources these will be cited and any payments due forfeited from company profits in the form of income.

In the event that we have not listed all items for inclusion in this agreement, due to error or omission, we cannot be held liable for damages that may result as a part of its exclusion.

We reserve the right at our discretion to give away Lipcrack tracks in full as we see fit.

We reserve the right to seek damages from organizations that seek to misrepresent, misinterpret or any other practice of foul play put in place to restrict or stop the efforts of Lipcrack to conduct fair trade.


Lipcrack will not be held liable for any damages whatsoever caused as a result of listening to, downloading or participation in any of the services listed above, except by those recognized by law. Lipcrack shall of course endeavor to provide you with the best quality in service that we can. We can only recommend that if you follow all instructions you should have no difficulties with utilizing the online service given that there are no malicious attempts to stop or delay our efforts.

If you decide to participate in activities whether for profit or education as a result of utilizing information contained on the Lipcrack site we cannot be held responsible for any loss that you may suffer as a result of engaging in these activities. Lipcrack cannot be held responsible for any loss or theft from your system. If you have a fire wall in place then your safety from illicit downloads is enhanced.

The information and artistic presentation contained within this document and within the Lipcrack site is the property of Alena Housego and may not be reproduced in part or whole whatsoever either in content, structure or design layout, we consider this a breach of our copyright. Those not adhering to this will be sought for damages. In presenting the Lipcrack Site, artistic business concerns have provided gif images either free of charge or for a fee, Lipcrack then use these gif images to build upon their own identity, the similarity to our own interests make them feasible additions.

We reserve the right to sue for damages any company, Government or individual that fail's to recognize the authenticity of our conditions and causes harm either through neglect or malice to our business.

All information contained in this document comes with limited warranty to effectiveness within a court of law.

Although we make every endeavor to provide honest and up to date information regarding Lipcrack and it's services we are not responsible for any damages that may result on an oversight of the provision our services. In the event that we do make an omission or error, we shall make every effort to rectify the problem or difficulty at our best convenience.

We reserve the right to terminate our services and commitment to excellence to you if we feel or are led to believe that by associating with you or any organization you represent may cause harm consequential or incidental to ourselves, our business, our reputation or our fans.

Terms Of Trade/Payment Policy

Paypal is Lipcrack's preferred electronic commerce providers.

We consider it our duty to make the systems for purchase as convenient and hassle free as possible for our customers.

As a part of our terms of trade we also accept cheques, money orders, international money orders and cash if it is secure, basically if you can get real money to us we will accept whatever its origin. This can be sent to the place of business listed. If we change address this Agreement will be changed immediately to reflect this change.

Refunds for faulty goods, depending on the method of payment shall be processed, no later than two week's after receipt of payment. In the event that we can do it faster we shall make every effort too. In the event of delay's outside our sphere of control, we shall notify customers and keep them up to date with process times.

We hope that you recognize the sincerity with which we approach our business and recognize the recent changes are an endeavor to improve our commitment to those that utilize the service. Occasionally we provide free of charge promotions to various service providers, this can be in regards to products we think our customers would appreciate hearing about. We can not be held responsible if their products become redundant or suffer from long term downgrades.

DONATIONS Lipcrack have added a donations button which is vital to the ongoing provision of our service we recognize that some people donate as a means of gifting or assisting others with their endeavors. As they do so they in turn provide a means for Lipcrack to do the same, this could be a job role, an improvement to the surroundings, planting a tree or any action that improves the community generally. As a part of using a Paypal Donations button we are required to provide information as to what the money will be utilized for once the donations reach $10,000 dollars. As per above it would include similar tasks however would move to a more business focused process including expansion by carefully analyzed data as to best investments for profitable growth. Our site visitors would also be made aware of our commitments to positive growth.

Lipcrack offer a reward commensurate to 20% of profits derived from legal action against the organization held in dispute, less costs, to individuals that report instances of abuse to our company policy, either here or abroad.

Authorized Autographs
(November 24th 2005)
Due to the circumstances Lipcrack find themselves in, often autographs are obtained from us in somewhat underhanded ways. Therefore we have implemented an "Authorized Autograph Policy". We consider that individuals that ask for our autograph are obtainers of Authorized Autographs, also those that receive personal correspondence from Lipcrack are holders of Authorized Autographs. In conditions whereby business groups and governments exploit us for these document they will in no way shape or form represent an Authorized Autograph they have not been given freely or without duress.

First Tour Photo Gallery
(February 14th, 2006)
The photo gallery includes images taken on our first Lipcrack Tour. We enjoy and admire all those people we met in person and are thankful of the opportunity they allowed us in promoting Lipcrack. Although we have no direct business relationship with these individuals in most cases, an exchange of address or contact detail exchange took place, it is our intention to maintain this contact for future business developments. We shall keep you posted on these matters either here, via email or via the news section.

January 2006. Implemented Log in uzer name and password section for Lipcrack (no longer current)
Lyrics Section and Domain Name and Hosting Services. The Lipcrack Lyrics section has received a lot of direct hits without being accessed through the main index page. This would suggest that individuals that are visiting the site have bookmarked it for return visits. Due to the large number of what we consider, reworks of our material in the main stream market place, we believe it is in our best interests to safeguard this material.
With regards to Domain Name and Hosting Services, a number of accounts that have been opened to trial the service have disappeared from the Customer Accounts. Until this issue is resolved and we are convinced that Lipcracks interests for financial remuneration from advertising efforts along with sign up's is being honored, we must employ this as a safeguard measure.
January 16th 2006. Have removed current Password Mechanism as it does not appear to work when new users are added. Will be replaced by another password gate. In the meantime Lyrics have been removed from server and Hosting Services are provided by email only.
February 6th 2006. Updated website to include Feedback Mechanism and removed Search Engine Facility until
further notice. Updated tool bar by removing search facility.
February 14th 2006. Changed the payment systems to include 2Checkout.com. Changed the advertising section to include information about Lipcrack Ad's on our site, and to maintain that pop unders experienced on our site are malicious attacks on our site visitors enjoyment by participating advertisers that have not gained permission to advertise on our site. Changed the Damages section to include gif images, rather than the word images. This is to differentiate between an item that is a gif image and say for an example jpg image. Added first tour photo gallery update.
May 10th 2006. Updated the Lipcrack main entrance and implemented new promotional package for new subscriptions to the Lipcrack mailing list.
June 28th 2006. Lipcrack Hosting and Domain Name purchasing is currently unavailable while we resolve
a dispute with the Parent Hosting Company. Our dispute covers area's including downtime caused by an alleged
Spam report. During this time we have had to change hosting companies for the Lipcrack Site. We are paying out considerable extra expenses due to he matter. We believe that legal action is required for a number of reasons, which cannot be outlined here.
Also the feedback mechanism is on hold. This was running fine, however when we updated the page the mechanism nolonger worked correctly we are at this stage unaware if it is due to the software used to create the product or a hosting problem).
July 31st 2006. Updated information regarding MonkeyBoy Marketing in the Monkeyboy Marketing Section.
Updated information in the Tool Bar and Pop Up Stopper Section.
Added new terms and conditions for the Free Stuff Area.
November 6th 2006. Added a section that details the infrastructure of Lipcrack.com. This is for business purposes only and acts as a guide of reference to changes in operating systems and improvements to operations. It is a useful record in the event of sale of Lipcrack.com as it provides a listing and chronological order of its business development. http://www.lipcrack.com/bassets.htm
February 14th 2007. Release New MP3 track Hate Me.
April 25th 2007. Added a page to the site for further development. This page will host a list of items for development. At this stage it holds the title of two screen play's that have a first draft completed. These items are not a part of Lipcrack.com infrastructure but may become part of the organizational set up. At this stage this page act's merely as an advertising venue for items in development. It is done so for convenience of advertising to Production Companies. http://www.lipcrack.com/scriptdev.htm
November 26th 2007. Added video section to the sales items page as a part of ability to release computer animated video Mp3's. Also added the Switch The Channel Productions section which advertises our Production abilities.
April 15th 2008. Added Lipcrack photo gallery at Currently Offline
These include a small range of promotional shots that Lipcrack have taken over the period of it's existence.
Most photos encompass the period from 2000 to 2008, there are a couple of stray childhood and young adult images also. These images are copy written, but can be traded or kept as keep sakes for fans. Some images contain adult content please be aware of this, and take any necessary precautions so as to not be offended.
June 12th 2008. Redeveloped the Lipcrack site with the addition of a shop frontage Moved to new location.
May 2013. Visitors have missed two years of site updates and there hasn't been a great deal of time to document them. Site was redeveloped again for the release of New EP. As yet untitled.
March 2014. Lipcrack site was moved due to a conflict between host and Lipcrack.com. Network software was purchased and it was determined that the back end configs were not set up correctly in relation to mail. This would have provided false and misleading information in relation to documentation received from other servers. Currently the site is being installed on a new server and new
technology has been employed in relation to the security of the site. While we have a new dedicated IP on a shared server we are in the process of having a SSL (Secure Socket Layer) installed which is a security measure in relation to purchases and links to files and offers additional security for our customers in relation to surfing and purchases due to the encrypting processes. In the meantime a third track from the Blow Me Away EP has been released and is about to be promoted to industry sources.
All issues discovered with the software are being addressed. New site locations for services include,

Shop address : http://www.lipcrack.com/shop
Blog address : http://www.lipcrack.com/blog

March 2018. Lipcrack current site hosting has gone exceptionally well and Lipcrack has continued to maintain and expand upon it's commitment to site visitors. This includes expanding to enable mobile device access. Internal improvements include backend updates for site monitoring and utilizing new software in terms of site marketing.

If you have any difficulty interpreting this agreement please feel free to contact us at the address below and we shall clarify any concerns you may have.

All questions concerning this Agreement shall be directed to :

Alena Housego
100 Upper Sturt Rd
Upper Sturt, Adelaide
South Australia 5156
ph 08 8 8339 7523 or International 61 8 8339 7523

email Band@lipcrack.com

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