You acknowledge that Localsearch (or its nominee) may obtain by any means any content, including without limitation any artwork, audio, logos, trademarks, designs, information (such as contact details, opening hours and pricing information) and any other content, relating to you or your organisation that is publically available on any website owned, operated, associated with, or relating to, you or your organisation (“Online Information”). You acknowledge that Localsearch may obtain the Online Information for the purpose of publishing the Online Information on the Localsearch website. To the extent you or your organisation own or have a licence in respect of any intellectual property rights in the Online Information, you grant to Localsearch a perpetual, non-exclusive, worldwide, irrevocable, transferable, fully-paid up, royalty-free licence (with the right to grant sub-licences) to use, reproduce, modify and communicate such intellectual property rights for the purpose set out in this form. Where “personal information” (as defined in the Privacy Act 1988) is available on any website owned, operated, associated with, or relating to, you, to the extent possible you have obtained all relevant consents required to make such personal information available and for Localsearch to obtain and use such personal information for the purpose set out in this paragraph.
Prior to publishing the Online Information (or modified Online Information) on its website, Localsearch will take steps to confirm with you the accuracy, completeness and currency of any Online Information obtained under paragraph (b) and the existence of the required consents in respect of personal information obtained. You consent to being contacted by Localsearch for this purpose. You acknowledge that Localsearch will not be responsible for any errors or omissions contained in the Online Information (or modified Online Information) published by Localsearch, nor for any failure by you or Localsearch to obtain required consents to obtain and publish any personal information on the Localsearch website. you further acknowledge that it is your responsibility to regularly review any Online Information (including modified Online Information) published by Localsearch as it relates to you, and you undertake to notify Localsearch (as soon as practicable) of any errors or omissions contained in the Online Information and of any consents required in relation to personal information.
You indemnify and agree to hold Localsearch, its servants and agents and each of them harmless against any loss, damage, action, claim or proceeding whatsoever which may directly or indirectly arise from a breach of the warranties and obligations mentioned herein, the publication by Localsearch (or its nominee) of any advertisement or any material under or pursuant to this order form (including, without limitation, publication of the Online Information or any modified Online Information and personal information), and, without limiting the generality of the foregoing, any defamation, slander, infringement of any intellectual property right, invasion of privacy or breach of any provision of any enactment of the Commonwealth or any State or Territory of the Commonwealth (including, without limitation, the Copyright Act 1968, Trade Marks Act 1995, Trade Practices Act 1974, the Fair Trading Acts (of any State or Territory), the Privacy Act 1988 and the Spam Act 2003).