Terms & conditions

Ownership

Copyright © 2019; This copyright notice applies to the website:
         (a) operationgamer.com 
         (b) is owned by OperationGamer.com

Copyright: exists in the website (OperationGamer.com) and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material. Intellectual property means all of Operation Gamer’s proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by Operation Gamer, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act (Cth) (1966) and under the law of a country other than Australia.

Definitions:

For the purposes of these terms and conditions in addition to paragraph 1 the following definitions apply:

  • OperationGamer.com refers to the Operation Gamer and affiliates who for the purposes of these terms and conditions refers to any person or entity OperationGamer.com directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in OperationGamer.com
  • Party refers to a party to these terms and conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally
  • You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the website and its contents
  • license means these terms and conditions for use of this website and its contents
  •  Forum means the Forum where registered members are able to communicate together be it on the website or other platforms
  • Registration means registration to use the website, the Program and/or the Forum

Scope of the License:

  • By virtue of these terms and conditions, you are granted a non-exclusive, non-transferable, non-sublicensible licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website.
  • You may not use the Licenced eBook’s on more than one computer system or device concurrently
  • Full-scale reproduction of ebook contents is expressly prohibited, by any means imaginable or conceivable.
  • The term of this Licence shall be for a term of 7 years from the date of registration of your activation.

Use of Website:

  • These terms and conditions govern your right to use the Website and your access to and use of the Program, the Forum and/or any products or services acquired through the use of operationgamer.com
  • In downloading any content from the Website to your computer, you do not receive any ownership rights to such content.
  • In downloading any content you, as the purchaser, agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, the Program and/or the Forum.
  • You agree that if you download any content from OperationGamer.com you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
  • You agree that in downloading any service or product from OperationGamer.com, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time 
  • You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law.
  •  You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
  • You agree that you will not post comments about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent.

Users Agreement:

In accessing the Website, including all webpages, the Program and/or the services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.

Eligibility:

  1. You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information. If you are registering for access to the Program or any of the Website’s services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms and Conditions and you will indemnify Operation Gamer for any losses or damage that Operation Gamer suffers as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
  2. This Website is only available to individuals that can form legally binding contracts under Australian law.
  3. OperationGamer.com has the right to refuse to deal with you, at any time, at OperationGamer’s sole discretion, including the suspension or termination of your registration, if it is believed that you may harm the reputation of Operation Gamer or will interfere with the enjoyment of the Forums by other members or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.

Website Membership/ Sign up:

  1. You agree to provide accurate and truthful details about yourself for the purposes of your registration to the Website, for the Program and/or inclusion in the Forum and Operation Gamer reserves the right to suspend or terminate your registration if OperationGamer.com discovers you have, at any time, provided inaccurate, incomplete or misleading personal information.
  2. Once you register on the Website, you will be given access to a Website email subscription and Forum access.
  3. Access to the information provided through email subscription and the Forum is for your sole use only.
  4. Any password or right given to you to obtain access to the Website email subscription and the Forum, and the contents or use of either the email subscription or Forum, is not transferrable to any third party.
  5. OperationGamer.com reserves the rightto terminate your access to the Website email subscription or Forum ifyou have failed to comply with any of the provisions of these Terms and Conditions set out by OperationGamer.com.

Forum Use:

  1. To become a Forum member you agree to provide truthful, accurate personal details about yourself as required on the sign up page for the Forum.
  2. You will use the Forum only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Forum, either on the Forum itself or otherwise, or the Website, the Program, the Forum and/or the individuals representing the Website and/or their employees.
  3. You will not use the Forum:
  • For an unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose
  • to entice others to conduct the activities
  • to interfere with the lawful and reasonable use of the Forum by others
  • to attempt to directly or indirectly, allow or facilitate a third party to enter the Forum through your registration.

Termination:

OperationGamer.com can terminate your licence to use the Website, registration and/or participation in the Forum if it is believed that you have breached any one of the Terms and Conditions of this licence. OperationGamer.com is held to take any action necessary to enforce these Terms and Conditions of this licence.

Payment/s:

In purchasing any product or service from OperationGamer.com you agree to:

  1. pay using a valid credit card (or other form of payment OperationGamer.com may allow)
  2. provide Operation Gamer with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if Operation Gamer discovers or believes that any information provided by you is inaccurate or incomplete, Operation Gamer reserves the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by Operation Gamer at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase
  3. pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase
  4. all costs are in US Dollars (USD) unless specified otherwise through the Website.
  5. Where OperationGamer.com sends you the Purchase by email delivery and you claim that you have not received such delivery, you must contact OperationGamer.com through the “Contact Us” Page within 7 days of the date by which you placed the order for the Purchase. Failure to do so outside of the allocated time period will result in no investigation into the purchase or refund of the product.

Refund/s:

  1. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and/or the products and services offered by the Website, and as Operation Gamer makes no representations to you in respect of your use of the Program and/or the products or services offered by the Website, Operation Gamer provides no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website.
  2. You, as the user, openly acknowledge that your use of the Website and its products and/or services is at your sole risk.
  3. Any claim for a refund will be considered on a case by case basis and OperationGamer.com reserve the right to either provide you with a refund once the Purchase is ordered, paid for and sent to you, or refuse your claim.

Disclaimer before use/Medical Disclaimer:

OperationGamer.com is not a medical organisation and Operation Gamer does not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the System and/or its products and services.

Limitation of Liability:

Subject to statutory consumer protection legislation, OperationGamer.com will not be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

Amendments:

OperationGamer.com may, at any time and at our discretion, vary these Terms & Conditions.  OperationGamer.com will notify you if Operation Gamer amends these Terms & Conditions, by contacting you through the contact details you have provided to Operation Gamer, if this is applicable. Any such amendment to the Terms & Conditions is effective once Operation Gamer notifies you of the change. However, if you do not receive an updated Privacy Policy, by any means, OperationGamer.com is not responsible for ensuring that you amend such information to access new Privacy Policies. If you do return to OperationGamer.com, you will be notified and prompted of the updated Privacy Policy, where it will be up to your choosing to read it or not. OperationGamer.com does not take any responsibility for any user who chooses to ignore the Privacy Policy that has been set out.

Right of Indemnification:

  1. You are liable for all content posted by you on any part of OperationGamer.com.
  2. You agree to indemnify Operation Gamer for any claims, losses, liabilities, costs or expenses (“losses”) incurred by Operation Gamer you may cause, or contribute to such losses.
  3. As a consequence of using OperationGamer.com, you are required to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in relation to the Website or that by your actions of conduct.
  4. You agree to indemnify OperationGamer.com to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that OperationGamer.com may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to OperationGamer.com. 

Liability of OperationGamer.com:

  • OperationGamer.com is not liable for any content posted on operationgamer.com if it is not posted by the admin of the website
  • Each individual is responsible for their own content posted on operationgamer.com
  • Misuse of such responsibility will result in a complete Site ban and legal action if the Website has been hindered in a negative way.