INFORMATION ABOUT YOU
If you are a www.acclaimmag.com member or user, when you access www.acclaimmag.com you may obtain access to features of the ACCLAIM MAGAZINE PTY LTD internet service that contain personal information, such as e-mail. Additionally, we may specifically ask for information about you when you sign up to use our services, or when you order ACCLAIM MAGAZINE PTY LTD content. We will need certain information – such as name, Internet address, billing address, type of computer, credit card number – in order to provide that service or content to you. We may also use that information to let you know of additional products and services about which you might be interested. You can choose not to receive such information if you don’t want to by letting us know on the registration screen when you sign up for the product or service. We also may use cookie technology in order to improve your experience, including to remember your preferences or customized settings when you use www.acclaimmag.com, and its related services, and to authenticate your access to your personal information.
ACCEPTANCE OF TERMS THROUGH US
AGREEMENT TO RULES OF USER CONDUCT
You agree to abide by ACCLAIM MAGAZINE PTY LTD’s Rules of User Conduct, including but not limited to, agreeing not to use this site for any unlawful purpose. A copy of the Rules of Conduct, which you should review, can be found at the end of this site term.
USER’S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you: grant ACCLAIM MAGAZINE PTY LTD and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by ACCLAIM MAGAZINE PTY LTD will not infringe or violate the rights of any third party.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify ACCLAIM MAGAZINE PTY LTD.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ACCLAIM MAGAZINE PTY LTD, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ACCLAIM MAGAZINE PTY LTD, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ACCLAIM MAGAZINE PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ACCLAIM MAGAZINE PTY LTD’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by ACCLAIM MAGAZINE PTY LTD, you agree to defend, indemnify, and hold harmless ACCLAIM MAGAZINE PTY LTD and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. ACCLAIM MAGAZINE PTY LTD reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ACCLAIM MAGAZINE PTY LTD in asserting any available defenses.
ACCLAIM MAGAZINE PTY LTD makes no representation that materials on this site are appropriate or available for use in locations outside Australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
SEVERABILITY AND INTEGRATION
ACCLAIM MAGAZINE PTY LTD may, at its sole discretion, request proof of identity of any registered user of the site.
ACCLAIM MAGAZINE PTY LTD reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
AGREEMENT TO RULES OF USER CONDUCT
By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, ortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a personal Blog or otherwise violates ACCLAIM MAGAZINE PTY LTD’ rules or policies or these Rules of User Conduct; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “Spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or You also agree that you will not harvest or collect information about the users or members of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a minor (anyone under 18 yrs old). Personal information includes but is not limited to name, address, phone number or name of their school. ACCLAIM MAGAZINE PTY LTD does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, ACCLAIM MAGAZINE PTY LTD and its agents have the right at their sole discretion to remove any content that, in ACCLAIM MAGAZINE PTY LTD’s judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. ACCLAIM MAGAZINE PTY LTD is not responsible for any failure or delay in removing such content.