THQ-Games.com.au - Terms of Use
Thank you for visiting www.thq-games.com.au (the “Site”), the official
website of THQ Asia Pacific (“THQ”) It is important to THQ
that visitors to the Site have the best possible time while using our
Site, and that you are fully aware of your obligations and THQ's rights
and obligations in relation to the Site. For that reason, these
Terms of Use govern your use of the Site. Please read these Terms of Use
carefully before using the Site, because they affect your legal rights
and obligations. If you do not agree with any of these Terms of
Use please exit the Site now. By using the Site you irrevocably
agree to these Terms of Use.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE
These Terms of Use may be revised and reissued by THQ at its sole
discretion without notice at any time. Any such change will be
posted on the Site. Any such change may include extending the Terms of
Use to include other terms and conditions applicable to specific
services, products or promotions offered by THQ from time to time. You
should visit this page regularly to review the current Terms of Use,
since, by continuing to use the Site, you irrevocably agree to any
amendments to these Terms of Use. These Terms of Use were last updated
on 5th March 2007.
You agree that, from time to time, either scheduled or unscheduled Site
down-time or slowdowns may occur, for any length of time (including
indefinitely). Without limitation, THQ will not be liable for any
loss or claim resulting from, or arising out of, your use of the Site,
including any slowdowns or downtime, and any loss or claim in relation
to any of the following:
• THQ reserves the right to modify or discontinue,
temporarily or permanently, all or any part of the Site and/or any
software, facilities and services on the Site, with or without notice,
and/or to establish general guidelines and limitations on your use of
the Site.
• THQ reserves the right to suspend, restrict, or
terminate your access to the Site and/or edit, refuse to post or remove
any material you submit for any reason at any time.
How to Contact Us
The Site is controlled and operated by THQ Asia Pacific of Level 8, 606
St Kilda Road, Melbourne, VIC 3004. You may contact THQ via email to enquiriesau@thq.com or in writing
to:
The Web Manager,
Level 8, 606 St Kilda Road
Melbourne, VIC 3004
Your personal information
To access the Site or some of the resources offered on the Site, you may
be asked to provide registration details. It is a condition of your use
of the Site that all the details you provide are correct, current, and
complete. You agree to notify THQ immediately of any changes which are
relevant to your registration. Without limitation, if THQ believes
the details are not correct, current, or complete, THQ may take any
action it deems necessary (at its sole discretion), including refusing
you access to the Site, or any of its resources, and terminating or
suspending your account.
You warrant that you have legal capacity to agree to these Terms of Use,
and must immediately cease using the Site if you do not have this legal
capacity.
Privacy Notice
Your privacy is important to us. To better protect your privacy, we
provide a notice explaining our online information practices and the
choices you can make about the way your information is collected and
used at the Site. Any personal information you provide to THQ will be
dealt with in accordance with the Privacy
Policy.
The Privacy Policy describes how THQ will treat your personal
information. By providing THQ with your personal information, you
agree to it being kept and used by THQ in accordance with the terms of
the Privacy Policy.
Intellectual Property
The Site, includes, without limitation, all materials, characters, logos
and other images incorporated by THQ, or provided by, or on behalf of,
you, or third parties, on the Site (“Material”), are protected by
copyright and may also be protected by other intellectual property
rights, including trade marks (“Rights”). THQ respects the intellectual
property rights of others and asks users of the Site to do the same. By
using the Site, you agree that all rights (including the Rights), title
and interest in the Site belongs to THQ (and vest in THQ immediately
upon creation) and you acquire no rights (including intellectual
property rights)in the Site.
You agree that you will do all things (including execute all documents)
required by THQ to give effect to these Terms of Use.
Comply with the law
You agree that you will use the Site and any Material in accordance with
these Terms of Use and all applicable laws and regulations (including
those relating to the use of the Site). You agree that you will not
modify or use the Material for any purpose not expressly authorised on
the Site (or permitted by these Terms of Use). You agree that you will
not remove or obscure the copyright, intellectual property, and related
notices or other notices contained on the Site or any Material
(including any Material retrieved or downloaded from the Site).
You agree that you will only use the Site and the Material for lawful
purposes, and will not, without limitation, store, distribute or
transmit any unlawful material through the Site. You agree that you will
not collect or store personal information regarding other users of the
Site. You agree that all Material publicly posted by you (or on your
behalf), or publicly or privately transmitted on or through the Site,
are your sole responsibility, and, without limitation, you are
responsible for all Material you upload, post or otherwise transmit to
or through the Site.
Your use of Material
You agree that you will only access, display and use the Site (including
the Material) for non-commercial, personal, entertainment use on a
single computer only. You agree that the Material and all other content
on the Site may not otherwise be copied, reproduced, republished,
downloaded, posted, transmitted, distributed, saved, modified, publicly
performed or used for any purposes, whether commercial or
non-commercial, unless specifically authorised by THQ in writing, except
to the extent necessarily required in order for you to display, use and
navigate the Site. Any written authorisation to copy Material granted by
THQ in any part of the Site for any reason is restricted to making a
single copy for non-commercial, personal, entertainment use on a single
computer only, and is subject to your keeping intact all copyright and
other intellectual property, and related notices. You agree that you
will not use any Material on any other web site or networked computer
environment. Also, to the extent permitted by law, you agree that you
will not decompile, reverse engineer, disassemble, rent, lease, loan,
sublicense or create derivative works from, the Site (including any of
the Material), which includes all information and software made
available therein.
Forums
Any opinions included and/or expressed in or on bulletin/notice boards,
galleries, chat rooms, community pages or other forums on the Site
(“Forums”) are not necessarily those of THQ or its affiliated or related
entities or content providers. THQ does not undertake to monitor or
review Forums, and you agree that the content of Forums (which become
the Material) are not the responsibility of THQ. THQ may remove or
modify any content without notice, or liability, at any time in its sole
discretion. Any use of Forums will be at your own risk and will be
subject to the limitations of liability set out in these Terms of Use.
Submissions to THQ
THQ is interested in hearing from you. It is, however, THQ's policy
that, except to the extent expressly set out on the Site, THQ will not
accept or consider unsolicited submissions of concepts, stories, or
other potential content. Therefore, please do not send THQ any
unsolicited submissions.
From time to time, areas on the Site may expressly request submissions
of concepts, stories, or other potential content from you ("Invited
Submissions"). Where this is the case, please carefully read any
specific rules or other terms and conditions which appear elsewhere on
the Site that govern those submissions ("Additional Terms"), since they
will affect your legal rights. If no Additional Terms govern those
submissions, then you agree that these Invited Submissions are Material,
and that these Terms of Use (including in relation THQ's ownership of
all intellectual property rights in the Invited Submissions) will apply
in full to any Invited Submissions you make.
Postings and E-mails
You agree that you will not post e-mails, submit to or publish through
Forums, or otherwise make available on the Site any Material, or act in
a way, which (or in THQ's opinion, at THQ's sole discretion which),
without limitation:
• libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing, threatening or
offensive or causes annoyance, inconvenience or anxiety to any person;
• seeks to exploit or harm children by exposing them
to inappropriate content, including by asking for personally
identifiable details or otherwise;
• infringes any intellectual property or other right
of any entity or person, including violating anyone’s copyrights or
trademarks or any their rights in relation to publicity in relation to
any entity or person;
• is in breach of any law;
• is in breach of any agreement (including any
agreement relating to insider information, proprietary or confidential
information received in the context of an employment, or a
non-disclosure agreement);
• advocates or promotes illegal activity;
• impersonates or misrepresents your connection to any
other entity or person, or otherwise manipulates headers or identifiers
to disguise the origin of content;
• advertises any commercial endeavour (including by
offering for sale products or services) or otherwise engages in any
commercial activity (including conducting raffles or contests,
displaying sponsorship banners, and/or soliciting goods or services)
except as specifically authorised on the Site;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms
and/or ‘Trojan horses’ or any other computer code, files or programs
which may interrupt, destroy, damage, interfere with, slow the operation
of, render less efficient or in any way impair or limit the
functionality of the Site, or any computer software or hardware or
telecommunications device or facility;
• disrupts the normal flow of dialogue, causes a
screen to scroll faster than other users are able to type, or otherwise
acts in a way which affects the ability of other people to engage in
activities (including real time activities) via the Site;
• copies any other pages or images on the Site except
to the extent expressly authorised on the Site;
• includes video or audio (including MP3 format files)
except to the extent expressly authorised on the Site;
• amounts to a ‘pyramid’ or similar scheme;
• amounts to ‘data warehousing’ (i.e. using any web
space made available to you as storage for files which are intended to
be linked from other sites). You must provide a reasonable amount of
content to accompany such material in order that at least some of the
traffic to your site comes directly via THQ;
• is not in accordance with any policy or regulations
established from time to time by THQ regarding use of the Site or any
networks connected to the Site;
• contains, incorporates, or comprises intellectual
property rigts of third paries, without the consent of those third
parties; or
• contains links to other sites that contain the kind
of content, which falls within the descriptions set out above.
In addition, you are prohibited from removing any sponsorship banners or
other material inserted by THQ anywhere on the Site (including on any
web space made available for your use).
Termination
You agree that THQ, in its sole discretion, may terminate any account
(or any part thereof) you may have with THQ or your use of the web site,
and remove and destroy all or any part of your account or any
submissions by you, for any reason whatsoever in THQ’s sole discretion.
You agree that any termination of your access to the Site or any account
you may have or portion thereof may be effected without prior
notice. To the extent permitted by law, you agree that THQ shall
not be liable to you or any third-party for any claim, cost, expense,
loss or damages for any such termination.
System Abuse
Without limitation, you agree not to send, create or reply to so called
“mailbombs” (i.e. emailing copies of a single message to many users, or
sending large or multiple files or messages to a single user with
malicious intent) or engage in “spamming” (i.e. unsolicited emailing for
business or other purposes) or undertake any other activity which may
adversely effect the operation or enjoyment of the Site by any other
person.
You agree that you will not reproduce, sell, resell or otherwise exploit
any resource, or access to any resource, contained on the Site.
Security
You agree that you will not use any services or facilities provided in
connection with the Site to compromise security or tamper with system
resources and/or accounts on the Site (or, without limitation, any third
party sites, servers or systems). You agree that you will not use or
distribute tools designed for compromising security (e.g. password
guessing programs, cracking tools or network probing tools).
Without limiting THQ's other rights and remedies, you agree that THQ
reserves the right to release your details to system administrators at
other sites in order to assist them in resolving security incidents
(including if you become involved in any violation of system security).
You agree that any passwords used for the Site are for your individual
use only, and that you will not provide this information to any third
parties. You agree that you will be responsible for the security of your
password (if any) and that THQ shall be entitled to monitor your
password and, at its discretion, require you to change it. You agree
that if you use a password that THQ considers insecure, THQ will be
entitled to, without limitation, require this to be changed and/or
terminate your account.
Service
In order to use the Site, you must obtain access to the World Wide Web
and pay any service fee associated with that access. You will need to
provide all equipment necessary to connect to the Site on the World Wide
Web (including a computer, modem and/or other access devices).
Local Regulations
THQ makes no representation that Materials or other content in the Site
are appropriate or available for use outside Australia. If you choose to
access the Site from other locations you do so on your own initiative
and at your own risk. You are responsible for complying with local laws,
if, and to the extent, local laws are applicable.
Indemnity
You agree to indemnify and hold harmless THQ and its officers,
directors, employees, agents, distributors and affiliates from and
against any and all claims, loss, demands, liabilities, costs or
expenses, including reasonable legal fees, resulting from the breach by
you or any person who may be authorised by you, or for whom you are
responsible (for example as an employer), and arising out of or relating
to (a) any of these Terms of Use, (b) your placement or transmission of
any Material onto THQ’s servers; and, (c) any and all use of your
account (if any).
Our use of content
You agree that anything you provide to THQ and/or contribute to the Site
is Material and available for our use free of any obligations to you (or
any other party), except where THQ have expressly solicited Invited
Submissions and those submissions are expressly governed by Additional
Terms appearing elsewhere on the Site (see "Submissions" and "Postings
and E-mails" above), in which event those Additional Terms will
determine how we will treat your Invited Submissions.
Subject to the provisions of any Additional Terms, by posting or
uploading any content to the Site and/or providing any communication or
material to THQ (“User Content”), you automatically and irrevocably: (a)
assign this User Content to THQ without payment or other reference to
you or any other person, and must ensure that THQ is able to, without
limitation, use, reproduce, distribute, modify, publish, display,
broadcast, transmit and make available to users of the Site, and/or to
exploit in any other way, the User Content and to advertise and promote
such exploitation perpetually; (b) waive all moral rights in the User
Content which may be available to you in any part of the world and
confirm that no such rights have been asserted; (c) warrant that you are
the owner of the User Content and entitled to enter into these Terms of
Use; (d) confirm that no User Content will be subject to any obligation
(of confidence or otherwise), to you or any other person restricting any
use or disclosure of such User Content in accordance with these Terms of
Service.
You also warrant that the User Content does not breach any third party's
intellectual property rights, and you indemnify and will keep THQ
indemnified from any claims, loss, expenses arising out of any such
breach.
Third Party Sites
THQ may provide links to other websites or resources and may post or
make available content provided by third parties (“Third Party Content”)
solely as a convenience to its users. You acknowledge and agree that
THQ’s role in providing Third Party Content is as distributor only and
accordingly THQ does not review, assess, examine or endorse such Third
Party Content including the accuracy or reliability of any text,
information, data, photographs, graphics, advertisements, promotions,
representations or statements included or referred to on the Third Party
Content. In addition, you acknowledge and agree that THQ may not know
and may not examine (and is not required to examine) the use to which
you or other users put the Site or the nature of the information you or
users send or upload, and THQ excludes all liability of any kind
(including for libel, breach of confidence, intellectual property right
infringement, invasion of privacy and negligence) for the transmission
or reception of such information of whatever nature by, about, or to
you.
You acknowledge and agree that, unless THQ expressly agrees otherwise,
THQ is not responsible for services provided by third parties on the
Site or for the availability of any sites or material you access through
the Site; you must not enter into (and in any event THQ will not be
party to) any transaction or contract with a third party that you may
enter into and THQ shall have no liability to you in respect of any such
transaction, whether arising in contract, tort, under statute or
otherwise; and you will not involve THQ in any dispute between you and a
third party. In particular, you acknowledge and agree that THQ is not
required to ensure that you will be satisfied with any products or
services that you purchase from any third-party site that links to or
from THQ since other shop channels are owned and operated by independent
retailers. You acknowledge and agree that THQ is not responsible for,
and does not endorse any of the merchandise, nor has THQ taken any steps
to confirm the accuracy or reliability of any of the information
contained in any third-party sites. You acknowledge and agree that THQ
does not make any representations as to, and provides no warranties in
relation to the security of any information (including, without
limitation, credit card and other personal information) you might be
requested to give any third party, and you irrevocably waive any claim
against us with respect to such sites. We strongly encourage you to make
whatever investigation you feel necessary or appropriate before
proceeding with any online transaction with any third parties.
Our Obligations and Limitations on Liability
THQ AGREES TO USE ITS REASONABLE ENDEAVOURS TO MAINTAIN THE SITE IN A
FULLY OPERATING CONDITION AND ERROR FREE. AS THQ CANNOT GUARANTEE THAT
THE SITE WILL ALWAYS BE FULLY OPERATIONAL OR ERROR FREE IT DOES NOT
ACCEPT RESPONSIBILITY FOR ANY DEFECTS THAT MAY EXIST OR FOR ANY COSTS OR
LOSSES ARISING FROM YOUR USE OF OR INABILITY TO ACCESS THE SITE.
WHILST THQ TAKES REASONABLE PRECAUTIONS TO ENSURE THAT ANY DOWNLOADS IT
MAKES AVAILABLE WILL BE VIRUS FREE THQ DOES NOT WARRANT THAT ANY
DOWNLOADS WILL BE VIRUS FREE AND WILL NOT CAUSE INTERRUPTIONS WITH YOUR
COMPUTER SYSTEMS.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF SERVICE (INCLUDING
THE TWO PARAGRAPHS ABOVE), THQ EXCLUDES, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAWS, AND SAVE IN RESPECT OF DEATH OR PERSONAL INJURY
ARISING FROM OUR NEGLIGENCE, ALL LIABILITY FOR ANY CLAIMS, LOSSES,
DEMANDS AND DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN ANY WAY
CONNECTED WITH THE SITE OR ITS UNAVAILABILITY. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAWS, THIS EXCLUSION SHALL APPLY IN RESPECT OF,
WITHOUT LIMITATION, ANY INTERRUPTION OF SERVICES, LOST PROFITS, LOSS OF
CONTRACTS OR BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY OTHER
CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF
THE SITE, EVEN IF THQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, WHETHER ARISING IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE.
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN TRADE PRACTICES ACT 1974
(CTH) MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH
CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED
EXTENT. THESE TERMS OF SERVICE MUST BE READ SUBJECT TO THOSE
STATUTORY PROVISIONS. IF THOSE STATUTORY PROVISIONS APPLY TO THE
SUBJECT MATTER OF THESE TERMS OF SERVICE, NOTWITHSTANDING ANY OTHER
PROVISION OF THIS AGREEMENT, TO THE EXTENT TO WHICH THQ IS ENTITLED TO
DO SO, THQ LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE
PROVISIONS TO: (A) IN THE CASE OF GOODS, AT THQ'S OPTION: (I) THE
REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (II) THE
REPAIR OF THE GOODS; (III) THE PAYMENT OF THE COST OF REPLACING THE
GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (IV) THE PAYMENT OF HAVING
THE GOODS REPAIRED, AND (B) IN THE CASE OF SERVICES, AT THQ'S OPTION:
(I) THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF
HAVING THE SERVICES SUPPLIED AGAIN.
Governing Law and Jurisdiction
The Materials and all other content in the Site are presented solely for
the purpose of providing entertainment and information and promoting
video games and other products available in Australia. The Site is
controlled and operated by THQ from its offices within Australia.
These Terms of Use shall be governed by and construed in accordance with
the law in Victoria, Australia and you irrevocably submit to the
non-exclusive jurisdiction of the courts in Victoria, Australia.
If any provision of these Terms of Use are held to be unlawful, void, or
for any reason unenforceable, then that provision shall be deemed
severed from these Terms of Service, and shall not affect the validity
and enforceability of any of the remaining provisions. These Terms of
Service are the entire agreement between the parties relating to the
matters contained herein.
Waiver
The failure of THQ to exercise or enforce any right or provision of the
Terms of Service shall not constitute a waiver of such right or
provision.
Force Majeure
To the extent permitted by law, without limitation, THQ is not be liable
for any failure to provide access to the Site by reason of strikes,
riots, flood, fire, explosions, acts of God, war, terrorism, labour
disputes, governmental action, or any other cause which is beyond THQ's
reasonable control (collectively referred to as Force Majeure
Events) and all obligations on THQ under these Terms of Service will be
suspended until the Force Majeure Event ceases to have effect.
Assignment
THQ may assign, novate or otherwise deal with its rights and obligations
under these Terms of use without your consent. You may not assign,
novate or otherwise deal with your rights and obligations under these
Terms of Use without the written consent of THQ.
Third Parties
THQ may engage third parties at its sole discretion to provide any
service in relation to the Site or these Terms of Service.
