By accessing “4Seasonsgaming.com.au”, you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use “phpBB.com”. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of “4Seasonsgaming.com.au” after changes mean you agree to be legally bound by these terms as they are updated and/or amended.
4Seasons Gaming Accounts
In order to access some features of our Service, you will have to create a 4Seasons Gaming Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify 4Seasons Gaming immediately of any breach of security or unauthorized use of your account.
Although 4Seasons Gaming will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of 4Seasons Gaming or others due to such unauthorized use.
User generated content Policy
Our Website includes functionality to enable Users to submit self-made content to the Website, subject to the following limitations:
You must not submit any offensive, insulting, defamatory, obscene, indecent, objectionable or otherwise inappropriate;
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit
Any content or material that you do not have the Intellectual Property Rights for or in which are owned by any third party must be sourced and credited back to owner/creator; but will still be taken down upon request by the Intellectual Property Rights holder
We do not claim any ownership of any Intellectual Property Rights of your submitted User Generated Content, which include any text, files, images, photos, videos, music or works of authorship that you contribute to the Website (but shall not include any content, materials or information that you have downloaded, copied or otherwise obtained from the Website). After posting User Generated Content, you retain all rights of ownership which you have subsisting in it and you may use the User Generated Content in any way you choose (provided it does not breach any of these Terms and Conditions).
You hereby grant us the right to publicly perform, reproduce, display, modify, manage, distribute and store any of Your User Generated Content as part of the Website or as part of any materials used to promote or advertise the Website and/or the trademark redistributable anywhere in the world.
We will not be under any obligation whatsoever to pay You for any of the User Generated Content on our Website.
Fair Use Notice
Our Website contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—
(1) The purpose and character of the use, including whether such use is of a commercial nature or is for non-profit educational purposes;
(2) The nature of the copyrighted work;
(3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) The effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
Monitoring of third party content; notice and take-down
You understand that when using 4Seasons Gaming, you will be exposed to Content from a variety of sources, and that 4Seasons Gaming is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 4Seasons Gaming with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless 4Seasons Gaming, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
Content may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible those web sites, their operators, the goods, services or content that they describe.
Any content breaching the User Generated Content Policy can be removed without notice and may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us, see “message boards” heading below for more information. You also agree that you shall indemnify us against any loss, liability, claim, damage or expense incurred by us arising out of any breach by you of this clause.
Using our Message Boards
Our forums are powered by phpBB (hereinafter “they”, “them”, “their”, “phpBB software”, “www.phpbb.com”, “phpBB Limited”, “phpBB Teams”) which is a bulletin board solution released under the “GNU General Public License v2” (hereinafter “GPL”) and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions; phpBB Limited is not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: https://www.phpbb.com/.
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where “4Seasonsgaming.com.au” is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that “4Seasonsgaming.com” have the right to remove, edit, move, close or put on moderation queue any topic at any time should we see fit based on the site wide rules as well as forum specific rules (published within the specific forums). Please note that currently any very first post is automatically placed in the moderation queue and will be approved/disapproved according to the site wide rules.
Orders for products, services or both through the Online Store
By placing an Order via the Online Store you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by 4Seasons Gaming in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, 4Seasons Gaming may in its discretion permit an Order to be cancelled, but cancellations cannot be guaranteed once any applicable payment is received for the Order. The Order cannot be cancelled by you once you accept delivery of the products.
Once you have placed an Order in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). Where your Order is not accepted by us, your Account will be updated indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please login to your Account to check the status of your Order.
Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card has been charged or we have received payment from you, and your Order is cancelled by us.
Changes to products, services and pricing
We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, and changes in availability, manufacturer changes, errors in advertising, and in other circumstances).
All updates and modifications to the Website including any changes to the Content, Online Store, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products that you may order through the Website.
Returns and refunds of an Order
We do not normally provide a refund if you have simply changed your mind about an Order, so please choose carefully.
In order to obtain a refund, exchange or to repair a product purchased from 4Seasons Gaming, including those products which carry a manufacturer's warranty, you must have clear proof of purchase; typically, a receipt or invoice.
To return your product (including warranty returns for faulty products, or where you have been sent the wrong item), please contact email@example.com
and we shall provide an appropriate request form. We will review your request, and at our option, issue you a Return Authorisation number. If we issue you a Return Authorisation number, please clearly print it on the outside of the package when returning your product to us. You acknowledge that by issuing you with a Return Authorisation number, we are not representing that your warranty claim is valid or that you will be entitled to have your product repaired or replaced, or a refund provided in relation to that product.
In relation to returning faulty products, warranty periods are strictly enforced by manufacturers. It is therefore important that you immediately apply for a Return Authorisation number as soon as you become aware of the need to do so. When we receive your product, we will assess whether the product has a fault and can be accepted as a warranty claim. We may be required to consult with the manufacturer or their repair agent to determine the fault and resolution. If we have to send your product to the manufacturer or their repair agent, we will ask them to assess the product and provide their assessment within a reasonable timeframe. Where the assessment finds that there is no fault with the product, or that the product has been damaged due to use of the product by you for a purpose for which it is not intended, outside its recommended parameters or specifications, or circumstances otherwise beyond our control, we may require, at our option, that you compensate us for any fees incurred by us in relation to the assessment. Once your product assessment is completed, we will inform you whether your warranty claim is accepted and whether we will repair, replace or refund your product.
Ability to Accept the Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.
4Seasons Gaming welcomes your comments regarding this Terms and Conditions. If you have any questions about this Terms and Conditions and would like further information, please contact us by email below.