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MyGames.com.au

Welcome to MyGames.com.au ("MyGames") ?the Australian Gaming Marketplace! Our aim is to provide an simple Australian Trading and Sales site for users. Before you register for your free account, you must read and agree to the terms, conditions, notices and polices contained in this document and elsewhere on MyGames site (collectively, the "Agreement").

Acceptance of Agreement

You agree to this Agreement when you complete the member registration process. MyGames reserves the right to modify or revise this Agreement at any time. You are advised to visit this page periodically to review the terms, and your continued use of the site signifies your binding acceptance of such modifications or revisions. If any part of the terms or any future changes to these terms are not acceptable to you, you may cancel your subscription by contacting the website administrator using the Contact Form.

Description of Services

MyGames currently provides its users with access to a rich collection of market tools. These include Sell Tols, Buying Tools and competitions (the "Service"). Services offered on MyGames are presently provided free of charge.

User Guidelines

For the benefit of community, and to comply with applicable laws, we have the following mandatory guidelines for our registered users. Any conduct that is judged by MyGames in its sole and unfettered discretion, to violate the guidelines is grounds for immediate termination of your account.

1. Provide Accurate Information.

You agree to provide true, accurate, current and complete information about yourself as requested in MyGames registration form. Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the registration data to keep it current and accurate.

2. Guard Your Password.

Upon completing the registration process, you are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. In the event of any unauthorized use of your password or account or any other breach of security, you must notify MyGames immediately of the problem and promptly change your password.

3. Comply with the Law

You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Service in compliance with all applicable state, federal and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.

You shall not, shall not agree to, and shall not authorize or encourage any third party to:

  1. use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by MyGames;
  2. upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
  3. vandalise physically or electronically
  4. use the Service for any illegal, fraudulent or inappropriate purpose

MyGames reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

4. Intellectual Property Rights

All information, text, material, design, graphics, software and advertisements on the site (the "Content") are Copyright ?2005 MyGames, unless expressly indicated otherwise on the site. The Content is protected by Australian and international copyright and trademark laws. You must not modify, reproduce, publicly display, publicly perform or create derivative works of the Content in any way except as expressly provided for on the site or expressly authorised in writing by MyGames.

5. Non-commercial, Personal Use

Content that is publicly available on MyGames Site may not be stored in a computer, except for personal and non-commercial use. The publication, sale, or redistribution in any form or medium of the Content found on MyGames site is strictly prohibited without the prior written permission of MyGames. The Content and the Service are strictly provided for the private, non-commercial enjoyment of subscribers only.

Forum Guidelines

MyGames provides a forum for its registered users (the "Forum"). In addition to complying with the above-mentioned user guidelines, you must agree to use the Forum only to post information and materials that are proper and related to the particular forum topic, and you shall not:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  4. Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  5. Conduct or forward surveys, contests, pyramid schemes or chain letters.
  6. Restrict or inhibit any other user from using and enjoying the forum.
  7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin contained in a file that is uploaded.

You must understand that the Forum is a public forum where your communications may be read by others without your knowledge. You must always use caution when giving out any personally identifying information about yourself in the Forum. The information, content and pictures posted by you are done so at your own risk. MyGames specifically disclaim any liability with regard to the Forum and any actions resulting from your participation on the Forum.

User License

Subject to MyGames Privacy Policy, you are licensing to MyGames any information or other material you provide to the site (the "User Submitted Content"). It includes but is not limited to: forum posts; game reviews; game ratings; FAQs, guides, walkthroughs, images and poll votes. You grant to MyGames a perpetual, royalty-free, irrevocable, unrestricted license to do the following in respect of the User Submitted Content,

  1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
  2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide.

Disclaimer of Warranties

You expressly understand and agree that your use of the service is at your sole risk. MyGames expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

MyGames makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through MyGames site will meet your expectations, and (vi) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential 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 MyGames site or the Service will create any warranty not expressly stated in the Agreement.

No Endorsement of User Content.

You acknowledge and agree that MyGames does not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that MyGames does not automatically pre-screen any user posted content, but that MyGames and its administrators have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the site.

Termination of Subscription

You may terminate your subscription at any time by providing notice to MyGames via the User Contact Form; provided, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect.

You acknowledge that MyGames, in its sole discretion, may terminate, delate or deactivate your account or bar further access to the Service for any reason, including, without limitation, if MyGames believes that you have violated or acted inconsistently with this Agreement. MyGames may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice. Further, you agree that MyGames shall not be liable to you or any third-party for any termination of your access to the Service.

Privacy

As a condition to using the Service, you must understand and agree to the terms of the Privacy Policy as it may be updated from time to time. To access the Privacy Policy, go to Privacy Policy.