Online Gamez Australia

1. GENERAL TERMS OF USE
1.1 YOU MUST READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. If you use the OnlineGamez Australia web site, http://www.onlinegamez.com.au, (the "Site"), you are agreeing to abide by all of the provisions set forth in this Agreement between you and OnlineGamez Australia.

1.2 OnlineGamez Australia is based in 101/57 Ralph St,
Alexandria,
NSW 2015,
Australia, makes no claims that the Content is appropriate or that it may be downloaded or used outside of Australia. Access to the Content or Product may not be legal by certain persons or in certain countries. If you access the site from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

1.3 OnlineGamez Australia may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the site.

1.4 OnlineGamez Australia may discontinue, change, or suspend any aspect of the site at any time. OnlineGamez Australia may change, discontinue, or suspend the availability of any database, Content, feature, or Product of the Site. OnlineGamez Australia may impose limits on features, including services, use, or restrict your access to parts or the entire Site without notice or liability.

1.5 Currency used in all of OnlineGamez Australia's transaction is Australian dollar (AUD$), if applicable.

1.6 These terms and the performance of all obligations hereunder shall be governed and construed in accordance with Australian law and the parties hereto submit to the jurisdiction of the Australian courts.

2. OnlineGamez Australia's CONTENT & PRODUCT
2.1 The Content and Product contained in the Site are intended for your informational, demonstration, and shopping purposes only. All materials besides the suppliers materials on the Site (including, but not limited to articles, photographs, images, illustrations, audio clips, video clips, graphics, sound, music, text, demonstration programs, downloadable items, software and underlying code, also known as the "Content") are protected by copyright, and owned or controlled by OnlineGamez Australia or the party credited as the provider of the Content. You must abide by all additional trademark, service mark, patent, copyright notices, information, or restrictions contained in any Content accessed through the site.

2.2 OnlineGamez Australia does not warrant that Content contained in this Site will satisfy your requirements or that they are error or defect-free. Before using you should consult an Information Technology Professional to determine what your needs are. You assume responsibility for any and all uses of Content.

2.3 The site and its Content are protected by copyright pursuant to Australia copyright laws, and title to the Content shall not pass to you or any other user. You may not modify, reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in electronic, mechanical, photo reproduction, recordation or otherwise in any form or by any means, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.5 of this Agreement), create new works from, including derivative works, perform, display, distribute, or in any way exploit or alter, any of the Content or Product (Product includes, but it not limited to, calling cards) or the site in whole or in part. Use of the Content or Product in a networked environment is prohibited. None of the Content or Product may be resold or redistributed without the prior written consent of OnlineGamez Australia, except that you may reproduce as provided herein.

2.4 Content or Product is subject to change without notice at the sole discretion of OnlineGamez Australia. If you violate any of the provisions contained in this User Agreement, your permission to use the Content or Product automatically terminates and you must immediately destroy any copies you have made of any portion of the Content or Product.

2.5 You may download or copy the Content, in accordance with the provisions contained herein, on the site for information, demonstration, and shopping purposes only, provided that each such copy contain the copyright notice as it appears in the original Content or Product.
Copying or storing of any Content for other than information, demonstration, and shopping purposes is expressly prohibited.

2.6 Some of the Content and Product are furnished by third party providers. These third party providers will not be liable for any inaccuracies or defects.

3. PRIVACY STATEMENT AND POLICIES
OnlineGamez Australia respects your privacy and has developed a detailed Privacy Policy. Please take the time to read our Privacy Policy which is available at http://onlinegamez.com.au/index.php?privacy. As a user of this website, you are accepting the terms of our Privacy Policy.

4. COPYRIGHTS AND TRADEMARKS
4.1 Copyright Notice
Copyright 2008 OnlineGamez Australia. All rights reserved. All material on this site is owned by OnlineGamez Australia, or its Customers, Partners, Suppliers, or Affiliates, and is protected by national and international copyright law. Unauthorized duplication or distribution is prohibited.

4.2 Trademarks
OnlineGamez Australia and http://www.onlinegamez.com.au are copyrights of CygLynx Pty. Ltd.. Gunbound, Rakion, and Wolf Team are copyrights of Softnyx Co. Ltd.. Granado Espada is copyright of IMC Games Co. Ltd,. Korea. Granado Espada is published by HanbitSoft Co. Ltd., Korea. Granado Espada is distributed by Infocomm Asia Holdings Pte. Ltd. Singapore. NosTale is copyright of Entwell Co. Ltd., Korea. NosTale is distributed by Servex Co. Ltd., Korea. Eve-Online is copyright of CCP hf., Iceland. World of Warcraft is copyright of Blizzard Entertainment Inc., USA.

5. IDEA SUBMISSIONS
Our policy is to not accept unsolicited ideas about new marketing, advertising, product, and/or packaging concepts and/or improvements. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed new idea, your message will be treated as non-proprietary and non-confidential and becomes our property and may or may not be used by us for any purpose without compensation to you.

6. REPRESENTATIONS, LIABILITIES AND WARRANTIES
6.1 YOU REPRESENT, WARRANT AND COVENANT: (A) THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD, (B) THAT ALL INFORMATION PROVIDED BY YOU IS ACCURATE AND CORRECT, AND (C) THAT YOU WILL NOT INFRINGE THE RIGHT OF ANY THIRD PARTY.

6.2 USE OF THIS SITE IS AT YOUR SOLE RISK. OnlineGamez Australia DOES NOT REPRESENT OR WARRANT: THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, OR DEMONSTRATION CONTAINED ON THE SITE. RELIANCE UPON SUCH CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE OR DEMONSTRATION SHALL BE AT YOUR OWN RISK.

6.3 THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND DEMONSTRATIONS, CONTAINED HEREIN AND PROVIDED ARE DONE SO ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OnlineGamez Australia AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. OnlineGamez Australia AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, COMPLETENESS, ACCURACY, SUITABILITY, CURRENTNESS OR TIMELINESS OF THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND DEMONSTRATIONS ON OR THROUGH THE USE OF THE SITE.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

6.4 OnlineGamez Australia , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND/OR ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES AND SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LOST PROFITS, RESULTING FROM THE USE OR NON-USE OF THE SITE OR THE CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, AND DEMONSTRATIONS AND THE RELATED GRAPHICS CONTAINED THEREIN. SUCH LIMITATIONS TO CONSEQUENTIAL AND INCIDENTAL DAMAGES IS IN EFFECT AND FULL FORCE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OnlineGamez Australia IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED, YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE USE OF THIS SITE. SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

6.5 ANY MATERIAL OR THIRD PARTY SOFTWARE DOWNLOADED THROUGH OR FOR THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND OnlineGamez Australia WILL NOT BE RESPONSIBLE IN ANY WAY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR OUR THIRD PARTY SERVICE PROVIDERS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED.

6.6 THE OBLIGATIONS OF OnlineGamez Australia UNDER THIS AGREEMENT ARE SUBJECT TO, AND OnlineGamez Australia SHALL NOT BE LIABLE FOR, DELAYS, FAILURES TO PERFORM, DAMAGES, LOSSES OR DESTRUCTION, OR MALFUNCTION OF ANY EQUIPMENT OR ANY CONSEQUENCE THEREOF CAUSED OR OCCASIONED BY, OR DUE TO FIRE, FLOOD, WATER, THE ELEMENTS, LABOR DISPUTES OR SHORTAGES, UTILITY CURTAILMENTS, POWER FAILURES, EXPLOSIONS, CIVIL DISTURBANCES, GOVERNMENTAL ACTIONS, SHORTAGES OF EQUIPMENT FOR SUPPLIES, UNAVAILABILITY OF TRANSPORTATION, ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATIONS, ACTS OR OMISSIONS OF THIRD PARTY SERVICE PROVIDERS, OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF OnlineGamez Australia.

7. TRANSMISSION
OnlineGamez Australia is in no way liable for transmission failure, including but not limited to, the failure, delay, interruption or corruption of any data or other information transmitted in connection with use of the site. Information is transmitted over many different exchanges, the internet, routers, carrier lines, and local and long distance phone companies and internet service providers. These devices are maintained, serviced, and owned by third parties. Their maintenance and service is out of the control of OnlineGamez Australia.

8. INDEMNIFICATION
You agree to defend, indemnify and hold OnlineGamez Australia, its officers, directors, employees, agents, subsidiaries, Customers, Partners, Suppliers, and Affiliates (the "Indemnified Parties"), from and against any and all liability, costs, and settlements, including, without limitation, reasonable attorneys' fees and accounting fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of this User Agreement by you or any user of any account assigned to you, whether such user is authorized or unauthorized. OnlineGamez Australia will promptly provide notice to you of any such claim, suit, or proceeding and, at your expense, will reasonably cooperate with you in your handling of such matter.

9. LINKS
http://www.onlinegamez.com.au is linked to by other Internet sites and resources. OnlineGamez Australia is not responsible for the content or is in any way associated with these third parties. All inquiries regarding the linking sites should be directed to those sites. We provide links to other web sites that we think may be of interest to our users. By providing links, we are not endorsing the materials and content disseminated at those web sites, and we are not responsible for the materials and content at any other site.

10. PROTECTION OF ID AND PASSWORD
You are required to have a password and user ID to access portions of our Site.

10.1 You are given a password and a user ID during registration. The password you are given is the pin number of your first order. You can change your password through account management in the "Your profile" section of the Site. Information given during registration must be accurate and updated accordingly. You must be 18 years or older to use this site. In order to protect the accounts of all users, you may not select or use a user ID of another person or use a user ID in which another person has already claimed. Noncompliance with the foregoing shall constitute a breach of this Agreement. Such noncompliance may result in termination of your account. You are solely responsible for maintaining the confidentiality of your user ID and password.

10.2 You must notify OnlineGamez Australia by clicking here of any known or suspected breach of security, including theft, loss, or unauthorized disclosure of your password or credit card information, or unauthorized access or use(s) of your account, or any known or suspected.

10.3 You are responsible for any and all use and activity on your OnlineGamez Australia account. You are responsible for third party users, including employees, authorized or unauthorized by you to use your user ID and password. Any illegal activity, including, but not limited to, fraudulent misrepresentation, may be, at OnlineGamez Australia's sole discretion, grounds for termination of your account. In certain circumstances, OnlineGamez Australia may refer you to appropriate law enforcement agencies.

11. TERMINATION
11.1 You can terminate your account at any time. To terminate your account, send an e-mail to us.

11.2 OnlineGamez Australia may, in its sole discretion, suspend or terminate your access to all or part of the site for any reason. Such reasons for termination includes, without limitation, breach of this Agreement or if your conduct is unlawful or is harmful to the interest of Nobel and/or its Customers, Partners, Suppliers, or Affiliates.

12. SEVERABILITY
If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the User Agreement, which shall remain in full force and effect.

13. WAIVER
No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision.

14. FORCE MAJEURE
OnlineGamez Australia is not liable for failure or delay in performing an obligation under this Agreement that is due to causes beyond its control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, transportation stoppages or slowdowns or the inability to procure Content, information, service, carriers, Product, Software, or Demonstrations. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate this Agreement, effective immediately upon notice to http://www.onlinegamez.com.au.

15. COMPLETE AGREEMENT
These provisions constitute the entire Agreement between you and OnlineGamez Australia with respect to the use of this Site and any Software, Content, or Product contained therein, unless specified and marked "ADDENDUM" on the site.

16. OFFICIAL CORRESPONDENCE
Official correspondence must be sent via postal mail to:

OnlineGamez Australia
101/57 Ralph St,
Alexandria,
NSW 2015,
Australia

In the event you have a claim of copyright infringement with respect to Content that is contained in the site, please notify, OnlineGamez Australia's Customer Support, using above address or by email us.