Terms of Use

ironhelmet.com (the Site) is owned and operated by Iron Helmet Games Pty Ltd (IHG). The Site contains games, widgets, applications, blogs, user generated content and other products and services owned, operated, licensed or controlled by IHG.

Please read these Terms of Use carefully before creating a user account and/or before accessing or using the the Site. If you are under 18 years of age, you must obtain a parent/guardian's consent prior to creating a user account and before accessing and using the Site.

Important Notice: these Terms of Use constitute a legally enforceable agreement with IHG. If you do not agree with any of these Terms of Use, you are not permitted to create a user account and/or use the Site and should immediately exit from it.

By creating a user account and/or accessing and using the Site you agree that your access and use is governed by these Terms of Use. Your use by creating a user account, accessing, browsing, opening or otherwise using any part of the Site is evidence of your acceptance of these Terms of Use.

Credits and Premium Accounts

To access the advanced features of the Site you are required to purchase Credits and / or a Premium Account. Credits and Premium Accounts are purchased using US Dollars through third party purchase facilities nominated by IHG. IHG is not affiliated with any third party purchase facilities.

Credits are virtual currency. IHG does not and will not exchange credits for real currency.

Technology can be unreliable. If for whatever reason you believe the balance of your Credits, or the expiration date of your Premium Account is inaccurate, you must contact us immediately. If the balance of your Credits is inaccurate, or the expiration date of your Premium Account is in accurate due to a technical fault or a fault at our end, we will correct the balance of your Credits.

IHG may cancel your account if you do not comply with these Terms of Use or any other IHG policy. If your account is cancelled, IHG will not refund or transfer your Credits or Premium Account.

Credits and Premium Accounts are non-transferable.

Modifications

IHG may modify these Terms of Use at any time and such modifications will be effective as soon as they are posted. By continuing to use the Site after the Terms of Use have been modified, you agree to be bound by the modification. A copy of the current Terms of Use is displayed on the Site at all times.

Prohibited Conduct

You must not:

1. Use the Site for any activities or post or transmit to or via the Site, any information or materials which breach any laws or regulations, infringe a third party's rights, are contrary to any IHG policy, these Terms of Use or are contrary to any relevant standards or codes;
2. Use another's name, username or password without their permission;
3. Tamper with, hinder the operation of, or make unauthorised modifications to the Site;
4. Knowingly transmit any viruses, worms, defects, Trojan horses or other disabling feature to the Site;
5. Modify, adapt, translate, or reverse engineer any portion of the Site;
6. Remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
7. Collect any information about other users or members (including usernames and/or email addresses);
8. Reformat or frame any portion of the web pages that are part of the Site;
9. Create user accounts by automated means or under false or fraudulent pretenses;
10. Use of the Site or to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;
11. Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
12. Use the Site otherwise than in accordance with these Terms of Use; or
13. Attempt any of the above acts or permit another person to do any of the above acts;

Without limiting your obligations, you agree that it is an express condition of using our forums and/or posting content to the Site that you will not:

1. Violate the legal rights of others;
2. Impersonate another person or use a false header or other identifiers in order to disguise the origin of any posting or uploaded content;
3. Offend, defame, threaten, harass, stalk or flame any other user;
4. Publish, post, distribute or disseminate any unlawful material or information, including material or information that infringes another person's intellectual property rights or is defamatory, obscene, indecent, pornographic or otherwise objectionable;
5. Upload or attach files that contain material protected by intellectual property laws unless you own or have all required licences or consents to use such material;
6. Advertise, solicit business, offer to sell any goods or services;
7. Post or send any SPAM, junk mail, chain letters or pyramid schemes; or
8. Conduct any raffle, competition, contest or game (irrespective of whether participants must pay a fee or other consideration).

You acknowledge that all forums, discussion groups and content postings are public and not private communications. Information or postings submitted to the forum or discussion group by users is subject to our review and moderation. We reserve the right to remove without notice or moderate any content in a forum or discussion group or any content posting for any reason. We also reserve the right to terminate, without prior notice, your account access.

Intellectual Property Rights

Unless otherwise stated, IHG owns or has a valid licence to use all copyright in and associated with the content of the Site and trade marks used on the Site.

You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by IHG, except as expressly approved by IHG in writing or as permitted under the Copyright Act 1968 (Cth).

When you contribute postings or any content to the Site, you grant IHG a royalty free, worldwide, perpetual, non-exclusive, and irrevocable licence to use, publish, translate, distribute, reproduce and modify anything you submit to this Site (including emails), in any form, and by any current or future media or technology.

You consent to IHG not attributing your authorship to any of your postings to this Site.

Limitation of Liability

You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the Content or material on or accessible through the Site (including links to third party websites).

IHG may modify, suspend or cease to provide any services or the Website, either temporarily or permanently, from time to time without prior notice to you. You agree that IHG will not be liable to you or any third party for any modification or cessation of a service or the Website.

Except as expressly stated in these terms, IHG will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Site or the content or material of the Site (including linked websites), whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded by law.

Links to External Sites

Where the Site includes links to other web sites, IHG does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on these other web sites. These sites are maintained by third parties and are not under the control of IHG. IHG is not responsible for the content of any linked site or any link contained in a linked site. Inclusion of a link on the IHG website does not constitute endorsement of that site.

Indemnity

By entering and using the Site and any services and competitions offered via the Site, you indemnify IHG against all claims, demands, proceedings, costs (including legal costs), expenses, damages, awards, judgements, and any other liability whatsoever wholly or partially arising directly or indirectly in connection with your access to or use of the Site and its information, services, content or materials.

Warranties

IHG provides the Site on an "as is" basis without any express or implied warranty of any kind.

Due to the internet's inherent risks, IHG cannot and does not guarantee or warrant that the Site will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties.

As IHG does not control the content posted by third parties on or linked through the Site, we can not and do not warrant the accuracy, completeness, integrity or quality of such information or content.

Where any legislation such as the Trade Practices Act (1974) (Cth) implies into this agreement any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, the liability of IHG for any breach of the condition or warranty is limited to, at IHG's option either:

1. The resupply of the services; or
2. The reasonable cost of having the services resupplied.

Severability

If any part of these Terms of Use is deemed invalid, that part will be severed from this agreement and the remainder of these Terms of Use will continue to be valid and enforceable.

Governing Law

This agreement is governed by the laws of the Australian Capital Territory, Australia. You irrevocably submit to the exclusive jurisdiction of the laws and courts of the Australian Capital Territory, Australia.

Information Use

We welcome your feedback regarding our Site. If you provide feedback or send comments to us, you agree that IHG is permitted to reproduce, transmit, distribute, create derivate works of, and publicly display any information that you submit to us.

Privacy

The IHG Privacy Policy forms part of these Terms of Use.

Contact Us

You can contact IHG at info@ironhelmet.com