Please read the terms and conditions ("Terms") set out below carefully. They govern your use of: the DBolical Pty Ltd ("DBolical") network of websites and other software or content related to either of them available from http://www.moddb.com/, http://www.indiedb.com/ and http://www.slidedb.com/ ("System").
By using the System you have agreed to be bound by these Terms as they then read. DBolical may modify these Terms at any time by making available through the System a new version of them. You must not use any part of the System after these revised Terms have been posted unless you agree to be bound by the revised Terms and your continued use of the System after revised Terms have been posted constitutes your acceptance of the revisions to those terms.
You are bound by any instructions that DBolical receives through your Account including from any person logged in to your Account, whether or not the instructions are given by you or with your authority.
You may request to register with the System. If DBolical accepts your request, you will be given an account and an associated username and password ("Account"). DBolical may in its discretion, but is not obliged to, require verification of the identity of a person requesting to register with the System, or attempting to access the System through an Account. Certain parts of the System are only accessible to persons when they have logged in to an Account. You must not: disclose any login name or password for any Account to any other person; nor allow any other person access any part of the System through your Account.
The System (including all content, graphics, and other intellectual property and elements incorporated into the System) is the property of DBolical and/or others, and is protected by all international copyright, trademark and other laws. Your use of the System does not transfer to you any ownership nor create any other rights in the System or its content.
The System may not be used for unlawful or commercial purposes; it is for your lawful, personal use only. You must not use the System except as expressly permitted in these Terms. You must comply with all applicable laws. The System and its content may not be copied, reproduced, modified, disassembled, decompiled or distributed in any way without the express prior written consent of DBolical. You must not sell or resell any part of the System or access to it. You must not use any part of the System except in accordance with these Terms.
You may use System only if: (a) you have reached the age of 18 or, if the age of legal capacity is higher in any applicable jurisdiction, that age; or (b) you are 13 years of age or older and this agreement is entered into on your behalf by a person of majority who is capable of entering into such agreements and making them binding upon you ("Guardian"). In the second case Guardian agrees to be bound by, and must ensure that you comply with, these terms and conditions. DBolical may request proof of identification and age (for example, proof of your ability to purchase certain Subscriptions).
2.1 All rights in any games, addons, modifications and related downloadable content that you upload for distribution via the System ('User Developed Content'), remain with the owner of such material unless otherwise agreed in writing. You grant to DBolical:
2.1.1 a non exclusive, and sub-licensable licence in all rights in the User Developed Content necessary to facilitate the distribution of the User Developed Content via the System; and
2.1.2 the right to use still images, graphics or any other audio, visual or audio visual elements contained the User Developed Content for the purposes of promotion of the System only.
2.2 All rights in any forum posts, commentary, ideas or suggestions whether or not solicited by DBolical that you send to DBolical or upload to the System, ("User Generated Content"), become the property of DBolical. You acknowledge that by contributing User Generated Content you expressly authorise and permit DBolical to exercise and to authorise others to exercise all of the rights comprised in copyright and all other intellectual property rights which subsist in the User Generated Content and you irrevocably consent to all such exercises. DBolical is not required to compensate you or any other person in any manner for any such exercise or authorisation. In particular, DBolical may without limitation use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Generated Content and other works which are based on them (including by way of adaptation or derivative works) in any form, anywhere, with or without attribution to you, whether or not such use would otherwise be a breach of any person's moral rights, and without any notice or compensation to you of any kind. This clause does not limit DBolical's privacy obligations under clause 10.
2.3 You warrant that you are the owner or creator of any User Developed Content, or any User Generated Content you choose to upload, or that you have received permission from the owner or creator of any such content to make such submissions and to licence that content as set out in this clause 2. You warrant further that any User Developed Content or User Generated Content uploaded by you is not defamatory in nature, and that it is not malicious, or intended to cause undesired effects, security breaches or damage to the System or other user's property.
Games, modifications, addons and other downloadable content ("Downloads") which are made by third party and unofficial providers are available to download. The installation of Downloads can affect existing games, programs and files you own. In regard to all Downloads, DBolical acts purely as an intermediary service provider enabling their download. DBolical does not screen Downloads available on DBolical or through other sources. DBolical does not assume any responsibility or liability for Downloads you download.
You must ensure that all information provided to DBolical through the System (including registration information, payment information, and transaction-related information) is true, accurate and complete. You are solely responsible and liable for any and all loss, damage, and additional costs that you, DBolical or any other person incur as a result of any false, incorrect or incomplete information provided by you or through your Account, or if the details of your Account are not updated as soon as practicable after (and in any case, within 30 days of) any change.
To the extent permitted by law, DBolical may at any time, without any prior notice or liability to any person: (a) correct any error, inaccuracy or omission; (b) change the content available through the System; (c) reject, correct, cancel or terminate any order, including accepted orders, for any reason.
When you provide credit card information to DBolical, you represent to DBolical that you are the authorized user of the credit card and authorize DBolical to charge your credit card for any Subscription or other fees incurred through your Account (whether or not authorised by you). For recurring monthly subscriptions, each month that the subscription remains current, you agree and reaffirm that DBolical is authorized to charge your credit card for the relevant fee. You must notify DBolical promptly of any changes to your credit card account number, its expiration date and/or your billing address, and you must notify DBolical promptly if your credit card expires or is cancelled for any reason. DBolical may suspend the provision of services under this Agreement during any time there is no valid credit card associated with your Account.
You must not cause any chargeback of any purchase you make through the System without having reasonable cause and explaining that cause to DBolical. Where you cause such a chargeback, DBolical may suspend your Account until such time as you demonstrate to DBolical reasonable cause for that chargeback. You may request DBolical to cancel an order by email to: firstname.lastname@example.org
ALL DBOLICAL FEES ARE PAYABLE IN ADVANCE. DBOLICAL DOES NOT GIVE REFUNDS IF YOU CHANGE YOUR MIND.
You agree that you will be personally responsible and liable for the use of your Account and the communication and activity on the System that results from use of your Account. Your online conduct and interaction with other Account holders should be guided by common sense and basic etiquette. In particular:
If you believe that your Account information has been lost or stolen or become known to or used by any other person, you will immediately notify DBolical by email to: email@example.com
DBolicalTM and other names and logos that are displayed through the System (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by DBolical or their respective owners or licensees. Any use of the Marks (other than as permitted by these Terms) is prohibited. Nothing in the System shall grant, or is intended to grant, any license or right to use any of the Marks.
DBolical may make contests available to users of the System and others. All contests are governed by these Terms and the applicable contest rules. By participating in a contest through the System, you are agreeing to these Terms and the applicable contest rules.
Your access to and use of the System is at your own risk. Subject to this clause 9, to the fullest extent permitted by law the System is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability.
B. Liability exclusions
Subject to this clause 9, DBolical and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the System or these conditions of use including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory of law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by DBolical or any person for whom DBolical is responsible, and even if DBolical has been advised of the possibility of such loss or damage being incurred.
C. Warranty exclusions, liability
To the extent permitted by law DBolical excludes all implied warranties in relation to the supply of any goods or services through the System. To the extent permitted by law, DBolical limits its liability for the breach of any warranty to (at its option): a refund; the resupply of the relevant good or service; or the payment of the cost of the resupply of the good or service. Subject to DBolical's obligations in relation to a breach of such a warranty, to the extent permitted by law DBolical's total aggregate liability for all loss or damage arising out of this Agreement or the relationship contemplated by it is limited to the total amount of all fees received from you by DBolical in the first twelve months following the commencement of this Agreement.
D. NO GUARANTEES.
DBOLICAL DOES NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO THE SYSTEM, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTION(S).
Either you or DBolical has the right to terminate or cancel your Account or a particular Subscription at any time. You may request your Account be terminated by contacting us at firstname.lastname@example.org. DBolical may remove your Account if it receives a request in relation to it, and that request complies with all verification processes that DBolical has in place. In the event that your Account and Subscriptions is terminated or cancelled by DBolical for a violation of this Agreement or improper or illegal activity, no refund, including any fees, will be granted.
Sections 1, 2, 9, 11, 13, and 14 will survive any expiration or termination of these Terms.
The System may include links to other Internet websites or resources, and to businesses operated by other persons. These other websites are not operated or controlled by DBolical. Accordingly, DBolical is not responsible for, and will have no liability for, these other websites, their business, goods, services, or content. If you link to or use any of these other websites, your dealings with the owners or operators of these websites is at your own risk, and you agree that you will not make any claim against DBolical arising from your use of any of these other websites.
These Terms, your access to and use of the System, and all related matters are governed solely by the laws of Victoria, Australia and applicable federal laws of Australia. Any dispute between you and DBolical or any other person arising from, connected with or relating to the System, these Terms, or any related matters (collectively "Disputes") must be resolved before the Courts of Victoria, sitting in Melbourne, and you hereby irrevocably submit to the original and exclusive jurisdiction of those courts in respect of all Disputes.
If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect.
These Terms ensure to the benefit of and are binding upon each of DBolical and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. DBolical may assign its rights and obligations under these Terms without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
Any rights not expressly granted by these Terms are reserved to DBolical.