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Iron Helmet Games - Terms of Use
ironhelmet.com (the Site) is owned and operated by Jay Kyburz
(trading as Iron Helmet Games) (IHG). The Site contains games, widgets,
applications, blogs, user generated content and other products and services
owned, operated, licensed or controlled by IHG.
Please read these Terms
of Use carefully before creating a user account and/or before accessing or using
the the Site. If you are under 18 years of age, you must obtain a
parent/guardian's consent prior to creating a user account and before accessing
and using the Site.
Important Notice: these Terms of Use
constitute a legally enforceable agreement with IHG. If you do not agree with
any of these Terms of Use, you are not permitted to create a user account and/or
use the Site and should immediately exit from it.
By creating
a user account and/or accessing and using the Site you agree that your access
and use is governed by these Terms of Use. Your use by creating a user account,
accessing, browsing, opening or otherwise using any part of the Site is evidence
of your acceptance of these Terms of Use.
User Account
In order to access and use the Site, you are required to maintain a Google
account. Your use of the Site is conditional on your acceptance of and
compliance with all terms of use imposed by Google from time to time.
Galactic Credits
To access the advanced features of the Site you are required to purchase
Galactic Credits. Galactic Credits are purchased using US Dollars through third
party purchase facilities nominated by IHG. IHG may also award you Galactic
Credits if you successfully win games offered on the Site. IHG is not affiliated
with any third party purchase facilities.
GALACTIC CREDITS ARE VIRTUAL CURRENCY. IHG DOES NOT AND WILL NOT EXCHANGE
GALACTIC CREDITS FOR REAL CURRENCY.
Technology can be unreliable.
If for whatever reason you believe the balance of your Galactic Credits is
inaccurate, you must contact us immediately. If the balance of your Galactic
Credits is inaccurate due to a technical fault or a fault at our end, we will
correct the balance of your Galactic Credits.
IHG may cancel your
account if you do not comply with these Terms of Use or any other IHG policy. If
your account is cancelled, IHG will not refund or transfer your Galactic
Credits.
Galactic Credits are non-transferrable.
Immortal Keys
To access the advanced features of the Site you are required to purchase an
Immortal Key. Immortal Keys are purchased using US Dollars through third
party purchase facilities nominated by IHG. IHG is not affiliated
with any third party purchase facilities.
You must immediately notify IHG of any unauthorized use of your
Neptune's Pride or Blight of the Immortals account. You must
ensure that you exit from your account at the end of each session.
Technology can be unreliable.
If for whatever reason you believe the experation date of your Immortal Key is
inaccurate, you must contact us immediately. If the experation date is
inaccurate due to a technical fault or a fault at our end, we will correct the
experation date.
IHG may cancel your
account if you do not comply with these Terms of Use or any other IHG policy. If
your account is cancelled, IHG will not refund or transfer your Immortal Key.
Immortal Keys are non-transferrable.
Modifications
IHG may modify these Terms of Use at any time and such modifications will be
effective as soon as they are posted. By continuing to use the Site after the
Terms of Use have been modified, you agree to be bound by the modification. A
copy of the current Terms of Use is displayed on the Site at all times.
Prohibited Conduct
You must not:
1. use the Site for any activities or
post or transmit to or via the Site, any information or materials which breach
any laws or regulations, infringe a third party's rights, are contrary to any
IHG policy, these Terms of Use or are contrary to any relevant standards or
codes;
2. use another's name, username or password
without their permission;
3. tamper with, hinder the
operation of, or make unauthorised modifications to the Site;
4. knowingly transmit any viruses, worms, defects,
Trojan horses or other disabling feature to the Site;
5. modify, adapt, translate, or reverse engineer any portion of the Site;
6. remove any copyright, trade mark or other
proprietary rights notices contained in or on the Site;
7. collect any information about other users or members (including usernames
and/or email addresses);
8. reformat or frame any
portion of the web pages that are part of the Site;
9.
create user accounts by automated means or under false or fraudulent pretenses;
10. use of the Site or to violate the security of any
computer network, crack passwords or security encryption codes, transfer or
store illegal material including that which may be deemed threatening or
obscene;
11. take any action that imposes, or may
impose in our sole discretion, an unreasonable or disproportionately large load
on our IT infrastructure;
12. use the Site otherwise
than in accordance with these Terms of Use; or
13.
attempt any of the above acts or permit another person to do any of the above
acts.
14. without limiting your obligations, you agree
that it is an express condition of using our forums and/or posting content to
the Site that you will not:
1.
violate the legal rights of others;
2. impersonate another person or use a false header or other identifiers in
order to disguise the origin of any posting or uploaded content;
3. defame, threaten, harass, stalk
or flame any other user;
4.
publish, post, distribute or disseminate any unlawful material or information,
including material or information that infringes another person's intellectual
property rights or is defamatory, obscene, indecent, pornographic or otherwise
objectionable;
5. upload or attach
files that contain material protected by intellectual property laws unless you
own or have all required licences or consents to use such material;
6. advertise, solicit business,
offer to sell any goods or services;
7. post or send any SPAM, junk
mail, chain letters or pyramid schemes; or
8. conduct any raffle, competition,
contest or game (irrespective of whether participants must pay a fee or other
consideration).
You acknowledge that all forums, discussion groups and
content postings are public and not private communications. Information or
postings submitted to the forum or discussion group by users is subject to our
review and moderation. We reserve the right to remove without notice or moderate
any content in a forum or discussion group or any content posting for any
reason. We also reserve the right to terminate, without prior notice, your
account access.
Intellectual Property Rights
Unless otherwise stated, IHG owns or has a valid licence to use all copyright in
and associated with the content of the Site and trade marks used on the Site.
You must not modify, copy, adapt, store in a retrieval system,
reproduce, upload, post, transmit, sell, frame or embed in another website or
distribute in any way any content contained on or in the Site and owned or
licensed by IHG, except as expressly approved by IHG in writing or as permitted
under the Copyright Act 1968 (Cth).
When you contribute postings or any
content to the Site, you grant IHG a royalty free, worldwide, perpetual,
non-exclusive, and irrevocable licence to use, publish, translate, distribute,
reproduce and modify anything you submit to this Site (including emails), in any
form, and by any current or future media or technology.
You consent to
IHG not attributing your authorship to any of your postings to this Site.
Limitation of Liability
You accept all risks and responsibility for all loss, damage, costs and other
consequences resulting from using the Site or the Content or material on or
accessible through the Site (including links to third party websites).
IHG may modify, suspend or cease to provide any services or the Website, either
temporarily or permanently, from time to time without prior notice to you. You
agree that IHG will not be liable to you or any third party for any modification
or cessation of a service or the Website.
Except as expressly stated in
these terms, IHG will not be liable for any loss whatsoever (including, without
limitation, indirect, incidental, special, or consequential loss, loss of
profits or loss of opportunity), expense, damage, or injury that is suffered
(however so caused) in connection with your access to, or use of, or inability
to use the Site or the content or material of the Site (including linked
websites), whether based in contract, tort, negligence, statute or any other
legal theory, except for any liability that cannot be excluded by law.
Links to External Sites
Where the Site includes links to other web sites, IHG does not make any
warranties or representations regarding the quality, accuracy, merchantability
or fitness for purpose of any material on these other web sites. These sites are
maintained by third parties and are not under the control of IHG. IHG is not
responsible for the content of any linked site or any link contained in a linked
site. Inclusion of a link on the IHG website does not constitute endorsement of
that site.
Indemnity
By entering and using the Site and any services and competitions offered via the
Site, you indemnify IHG against all claims, demands, proceedings, costs
(including legal costs), expenses, damages, awards, judgments, and any other
liability whatsoever wholly or partially arising directly or indirectly in
connection with your access to or use of the Site and its information, services,
content or materials.
Warranties
IHG provides the Site on an "as is" basis without any express or implied
warranty of any kind.
Due to the internet's inherent risks, IHG cannot
and does not guarantee or warrant that the Site will be free of infection,
viruses, defects, harmful components or any other codes that may have
contaminating or destructive properties.
As IHG does not control the
content posted by third parties on or linked through the Site, we can not and do
not warrant the accuracy, completeness, integrity or quality of such information
or content.
Where any legislation such as the Trade Practices Act
(1974) (Cth) implies into this agreement any condition or warranty and that
legislation voids or prohibits conditions in a contract excluding the
application of the conditional warranty, the liability of IHG for any breach of
the condition or warranty is limited to, at IHG's option either:
1. the resupply of the services; or
2. the reasonable cost of having the services
resupplied.
Severability
If any part of these Terms of Use is deemed invalid, that part will be severed
from this agreement and the remainder of these Terms of Use will continue to be
valid and enforceable.
Governing Law
This agreement is governed by the laws of the Australian Capital Territory,
Australia. You irrevocably submit to the exclusive jurisdiction of the laws and
courts of the Australian Capital Territory, Australia.
Information Use
We welcome your feedback regarding our Site. If you provide feedback or send
comments to us, you agree that IHG is permitted to reproduce, transmit,
distribute, create derivate works of, and publicly display any information that
you submit to us.
Privacy
The IHG Privacy Policy forms part of these Terms of Use.
Contact Us
You can contact IHG at info@ironhelmet.com
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